State of Mind of The Art

Spotted on: Ars Technica

The major labels are very outspoken about the evils of piracy, and aggressively pursue those who chose to download music and not pay for it. That being the case, there is great ironyin the fact that up to 47% of Sony-BMG’s software is pirated.

Recently, a tech support call for a program called Ideal Migration (a Windows server management tool) was made by a Sony BMG employee, and the product code given was pirated.

The ensuing drama included a seizure of some of Sony-BMG’s assets.  Paul Henry, The CEO of the maker of the software, was quoted as saying “I think piracy is linked to the policy of a company. If the employee has the necessary funding to buy the software he needs, he will. If this is not the case, he will find alternative ways, as the work must be done in one way or another.”

Bottom Line: A company that is using pirated software should not be surprised when their products are pirated.

Spotted on: Techdirt

Although the details are sketchy, the US Justice Department is looking into whether a subscription for the Big Four labels is an antitrust violation. Back in 2001, there was an antitrust investigation against the major labels for…. a subscription service. According to The Register, the Big Four have already been served notice this time around. Although the details are sketchy, it is apparent that the Dept. of Justice has an eye turned toward the industry (again).

Investigations around “Big Music” have been ongoing for the last few years. In 2000, the Federal Trade Commission settled with the major labels on price fixing and unlawful advertising practices relating to “Minimum Advertised Price” policies.

Super producer Rick Rubin has said “The subscription model is the only way to save the music business. If music is easily available at a price of five or six dollars a month, then nobody will steal it.” He also said, “Until a new model is agreed upon and rolling, we can be the best at the existing paradigm, but until the paradigm shifts, it’s going to be a declining business. This model is done.”

While a subscription service may stem the tide of file sharing, will it provide any kind of sustainability for artists? CD sales are falling end over end, but digital sales are brisk, and touring and merchandising are still viable revenue streams.

Everyone agrees it’s time for a new model, and noone seems to know what the new model will be. The sky may be falling, but music is still a multi-billion dollar business. The future lies in creating a model that generates positive public perception, convenience, and collectibility. The platform may be shifting wholly to digital music, but that doesn’t necessarily mean people won’t buy music anymore. The advent of the “360 deal” shows that the industry is embracing a new kind of marketing, where the band is the brand, not the content. At the end of the day, it’s all about the music, and people will pay for convenience and for music that they love.

Bottom Line: The paradigm shift at the heart of the music industry is upon us.

Spotted on: Ars Technica

Although still unconfirmed, rumor has it that EMI is seriously considering pulling their funding from the RIAA.  According to a recent Variety article, EMI has taken early steps to exit from the IFPI, the international version of the RIAA.  Part of the move is a demand by EMI that the RIAA and IFPA produce a proposal on restructuring by March 31.

Citing the massive cost of participation in these trade organizations, it seems EMI is very unhappy with the results being produced by the RIAA and IFPI.  The public relations nightmares these organizations have created has been a major contributor the devaluation of music.  If file sharing wasn’t labelled an almost terrorist act, it could have a huge impact on the perceived value of music.

More as this develops….

Spotted on: Digital Music News

According to this daily industry bulletin, there was a 21% drop in music sales between Thanksgiving and Christmas.  This is traditionally the hottest time of the year for music sales.  This is on top of a 15% drop in sales for the year of 2007.

Bottom Line: Given plummeting sales and the major restructuring going on at EMI, 2008 may be the year where we see a major shift in how major labels operate.

Spotted on: CMJ

The RIAA is funded by the big four record labels, to the tune of around $130 million per year for each label. EMI was recently bought by a private group, and are now considering drastically cutting their investment to the lobbying and enforcement arm of the music industry.

Given that the RIAA’s legal moves over the last few years have been disastrous at best, it’s a great sign for artists that the RIAA’s financial base may diminish significantly. The amount of money that the RIAA has spent suing mothers and college students as been astronomical, and has led to a severe loss of credibility toward the record business in the public eye. Let’s take a moment to look at what a world without the RIAA might look like.

Without constant legal pressure to buy, audiences would begin to feel confident that albums they buy are supporting artists’ careers (this is part of consumer confidence). File sharing would continue, but people would be more willing to buy music they love knowing that they aren’t labeled as criminals anymore. The business model of turning artists into products, overcharging for albums, and using hype instead of quality would fail.

The music industry would become a free market, where any artist with great music and dedication could create a viable career. Rather than a few mega platinum artists, we would begin to see a massive amount of artists selling between 50,000 - 200,000 units on releases. This level of sales can cause an artist to be dropped from a major, but on an indie label, this is a great living for an artist, and a massive success for the label. Royalty rates for artists would also become much higher. Some artists already see similar profits selling 200,000 units with an indie label that they would see selling a million on a major.

New contracts would become the industry standard, similar to Polyvibe’s practice of leasing artist’s copyrights rather than owning them. Artists would have freedom to call the shots in their careers. The industry would shift to artists owning their masters, with labels existing to empower artists rather than to exploit them. Album advances would shrink; the amount of money owed to labels would shrink, too. In the major label world, an artist owes almost every penny the label spends on them. Label investment in artists would become the cost of doing business, rather than a loan.

The practice of shelving albums would become non-existent, as artists would have the ability to have promises for release dates in their contracts. Polyvibe currently includes release dates in our contracts, with a provision that if deadlines are not met, we will set a new release date. We even promise in our contracts that if we do not release an album within a set span of time after receiving masters, the artists is free to go elsewhere with their album. This type of provision would be standard fare, as well as other artist protection clauses.

Marketing, promotion, and booking companies would become the major players in breaking artists. The media will flock to what people want instead of what the Big Four tell them to promote. New and far reaching models and methods of grass roots promotion will become the norm. Music quality will again become the primary factor in an artist’s success; promotion and hype will be a second tier service. Radio will begin to offer a wider variety.

Without the ability to force legislation in their favor, major labels would become the victim of a music economy they no longer control. Consider that what allows major labels to force low quality music down our throats at high prices is their ability to grab politicians ears, to threaten us with lawsuits, and their near domination of media exposure and radio. We are now at the tail end of a 60 year monopoly on the music business. Rats swarm off of sinking ships, a perfect analogy for the exodus of mega-artists from major labels (getting off the ship, not the rats). In this new music environment, there will be dozens (maybe hundreds) of popular labels, and everyone will have the opportunity to create success.

Bottom Line: Without the RIAA, the major label business model will be obsolete, and a new paradigm and renaissance for music will appear within five years.