The MC Lars thread continues…  here is a post from myspace to MC Lars about his track "Download this Song".

Dear Lars,

I enjoy "Download This Song" greatly. But more so it hits home. My family is one of 10 seemingly randomly chosen families to be sued by the RIAA. No fun. You can’t fight them, trying could possibly cost us millions. The line "they sue little kids downloading hit songs", basically sums a lot of the whole thing up.  Anyways, thank you for writing it. I can definitely agree with everything mentioned in it. I expresses my feelings almost exactly on this matter.

Thank’s again.

Elisa

Well, once in a while you have to really make a stand.  Lars contacted his manager Tom Gates at Nettwerk and forwarded the myspace post. 


Nettwerk Music Group
, home to Avril Lavigne, Sarah McLachlan, Barenaked
Ladies and Sum 41, decided to take on the RIAA on behalf of Elisa Greubel, a
15-year-old Texan whose father was sued by the recording industry trade
group in August 2005 for owning a computer that allegedly shared more
than 600 music files.

Among the nine songs the RIAA is focusing on in the suit, according to
Nettwerk, is management client Lavigne’s "Sk8er Boi." The RIAA is
demanding Greubel’s family pay $9,000 to settle the suit.  Nettwerk CEO Terry McBride said in a statement that legal
action is not the answer. "Suing music fans is not the solution, it’s
the problem."  McBride said he decided to weigh in because the action involves his
artists. "Litigation is not ‘artist development,’ " he said in the
statement. "Litigation is a deterrent to creativity and passion and it
is hurting the business I love. The current actions of the RIAA are not
in my artists’ best interests." Nettwerk has offered to pay all legal
fees and any fines for the family in the event that they lose the suit.

Go Terry.  Go Lars.

Read more about it here on MTV.com

In the fall of 2005, I was giving a presentation to all the artist managers at Nettwerk Management on the future of music.  We had a very lively discussion about where the industry was headed and how to take advantage of the changing circumstances and marketplace.  Tom Gates, who manages the bands Brand New, MC Lars and others burned me a CD on the spot and said “You have to listen to this.  This track was recorded by MC Lars after reading your book, it’s called Download This Song.  He wrote and recorded it based on what he read in the Future of Music book.”

Well needless to say I popped that baby right into the player as soon as I got in the car and it was awesome.  I listened to Lars lay into the music industry with a chorus that goes,

“Hey mister record man, the joke’s on you/ Running your
label like it was 1992/ Hey mister record man, your system can’t
compete/ It’s the new artist model, file transfer complete.”

I then checked out MC Lars on myspace and found an artist for the future, taking the best parts of the old music industry and combining them with clear thinking and new moves that are going to propel him to success.

According to Tom Gates, “It’s pretty amazing what a 22 year old kid did from a dorm room.  Just in one territory: He’s going back to the UK for the 5th time in one year opening for Simple Plan and then will go back in March for his first headline tour…this all without tour support.  We’re about 6 months from his new genre busting (it’s called “nerdcore”) and he’s going to make ten times as much bank than he would have if had signed to a major.  Then you add in the costs of what he’s spent to do this and it just all points to the future, especially when you compare it to what majors spend on developing artists.  $7,500 recording costs (powerbook+protools studios) vs $250k major label.   $400 photo shoot vs major label $15k photo shoot.  $7,000 video vs $50k major (directed by the guy who did Eminem and just really likes Lars).  Art $0 (he did it and artwerks laid it out) vs $10k major label. Recoupability takes on a whole new light.”

Vivendi Universal
Games has reported sales of over one million units of "50 Cent: Bulletproof," available
on both the PlayStation 2 and Xbox. In a brilliant multi-format strategy, the
game includes four CDs worth of music, including exclusive
tracks from 50 Cent. More than a dozen music videos are also part of the
offering. "Gamers and 50 fans alike have enthusiastically responded to the
groundbreaking fusion of frenetic gameplay and the lyrical imagery of the
exclusive 50 Cent music tracks," said Cindy Cook, chief strategy and
marketing officer at VU Games.

50 Cent has been on a tear, making movies and diversifying his empire into new physical formats. His fans loved the
"Bulletproof," concept with songs,
videos, and other extras, supporting an strong video game and demonstrating that people still buy music, albeit in disquise.  The product was produced as a collaboration of labels Interscope Records,
Shady Records and Aftermath Records and represents some clear thinking about how to overcome some of the challenges in music today, and once again providing value and convenience for the fans.

In the January issue of Rolling Stone there is a year end wrapup piece on the continuing woes of the ‘music business’.  Readers should note that in the same issue is a piece about how the concert business has suddenly rebounded.  Now even the venerable RS should know that the Music Business is not just the Record Business, and should be able to connect the dots, but…

"It was yet another unhappy New Year for the music industry: Despite
hits by Mariah Carey, 50 Cent and Green Day, 2005 saw album sales
drop 7.2 percent as labels continued to struggle with adapting to
the age of the iPod and the Internet. Overall, consumers bought 48
million fewer albums than in 2004, marking a disastrous twenty-one
percent slide from the industry’s peak in 2000, according to
Nielsen SoundScan. And the holiday season, which typically accounts
for forty percent of annual sales, was a bust. "It was arguably the
worst in the music business’s history," says Steve Bartels, Island
Records president.

In contrast to CD sales, digital-song downloads jumped 150
percent in 2005 as consumers bought 352 million of them. "With
digital technology, everyone’s figured out that a business built
only on the manufacture, distribution and sale of CDs has ended,"
says Dixie Chicks manager Simon Renshaw, echoing many other
industry veterans. "The traditional model can’t continue."

The labels continued to battle piracy, filing hundreds of
lawsuits against peer-to-peer downloaders. But in the month of
November, for instance, twenty-one percent more users traded music
online than in the same period the year before.

The Indie Scene

As the majors stumbled, independent labels gained market share,
accounting for eighteen percent of CD sales in ’05. Indie labels
proved especially adept at Internet marketing via outlets like
MySpace; the emo label Victory Records sold 558,000 copies of
Hawthorne Heights’ album The Silence in Black and White
without radio play. And several hip indie acts — the Arcade Fire,
Interpol and Bright Eyes — sold more than 250,000 copies each. The
indie model of earning profits on a broad range of small-scale
releases, rather than focusing on blockbusters, may offer a new
direction for the majors."

Best quote of the year so far:

"The major labels want to say the glass
is half full," says Gwen Stefani’s manager Jim Guerinot. "I think
everybody’s getting the message: You better get a fucking smaller
glass. The music business is a different game."

Read the Rolling Stone 2005 Record Business recap here.

Music Like Water…Reigning Down

Review from Michael Stevens

On the way back from Indy Friday, I switched the iPod over
to the podcast
, The Future of Music : Manifesto for the Digital Music Revolution by
Dave Kusek, Gerd Leonhard. I only made it through the first hour or so
but let me recommend this title to all librarians who want a glimpse of
what the future of music and content dlelivery might be! The more I
think about it, the more I discuss it with my colleague Joe Sipocz (who
gets stuff like this) and the more I read articles like this one about
Yahoo! Music: http://playlistmag.com/weblogs/todayatplaylist/2005/05/yahoodamn/index.php? — and how music services might meet folks’ needs.

Then, I discover this: http://www.stretta.com/~matthew/resources/music_server/.
A music server for the whole house, most cool! To take it further,
then, Kusek and Leonard propose by 2015 a huge jukebox of all
music..available anytime and virtually anywhere as an inexpensive
monthly subscription… music flows to ear phones, receivers,
everywhere…like water!

In their vision of 2015, Music streams to you via wifi wherever you
are… your "TasteMate" remembers your favorites and keeps those songs
in rotation in your personal playlists…news and entertainment are
available as well…and the music companies have a model of business
that is fair and profitable!

Where do libraries fall in this mix of the ubiquitous jukebox
connected to subscribers? For one thing, the CD collections will slowly
fade away like VHS is now. I wonder if the next step will be vendors of
digital content offering a subscription to libraries — like many
vendors do now. In this vague "Music like Water" future, will the
public library pay yearly for streams or downloads of stuff to their
patrons devices and home media servers? I want to see this future!

WOWZA! I need to continue listening. Please let me know what you think if you have read the book!

There is an inherent difference between receiving information from some service like radio or television, and going out and acquiring information at a music store, video shop or filesharing network.  In the first instance, information is being ‘pushed’ at you by some programming network, and in the second instance, you are ‘pulling’ information to you.  The first is passive and the second is active.

There is little doubt as to the success and popularity of the push services.  Radio and TV have grown to be hugely profitable businesses reaching hundreds of millions of listeners and viewers all while pushing content to willing consumers.  People make the argument that these services became popular because they were free and did not cost anything.  This is not entirely true.  As consumers we are deluged with advertising from these services and we do pay for that advertising as part of the cost of goods that we purchase, often as a result of being influenced by the ads.  It is not really free.  And, you don’t own or store the programming.  It is either on or it is not on when you listen or view the service.

Cable TV began as a paid push service.  Millions of consumers pay a subscription fee for cable and endure the advertising on top of that.  Cable TV has since evolved into a paid push/pull service with the addition of Pay Per View and On-Demand.  You actually have to pay more to pull the programming to you than the basic push service costs.

There is a debate today over music subscription services (push) and paid download music services (pull) and whether one approach is better than the other.  Apple’s position with iTunes is that they don’t believe that people are interested in a subscription service – so you can only pay to download music.  BUT, they have also released a podcast service which allows you to ‘subscribe’ to feeds – albeit for free at the moment.  Seems like a bit of a mixed message to me.

Services such as Napster 2, Rhapsody and Yahoo music all have a combination of push and pull services allowing you to stream music programmed for you, and letting you pay to download tracks.  This approach makes a lot more sense than simply a download service.  Many people argue that subscription services that provide tracks that play for you only as long as you continue to pay for the service are not what they want.  They claim instead that they want to "own" the music – like a CD – rather than "rent" the music.  The point that they are missing is that you never have really owned the music you purchased on CD, you simply licensed it from the labels for your personal use.

This debate will rage on in the years to come as digital music services try out different models and features to try and find the optimum mix and consumer satisfaction.  Look forward to seeing services that provide downloading, streaming, and file-sharing – and a whole lot more.

Here is a good article on this subject from the Hollywood Reporter special fall 2005 report on the future of entertainment.

A investigative report from the Electronic Frontier Foundation is available that describes the progress, or lack of progress that the RIAA is having in its "Rain of Fire" campaign of suing the file sharing public.

Musicplay160Over 15,000 individuals have been attacked to date by this trade organization in the name of copyright infringement.  The results have not stopped, or even slowed down, the widespread filesharing that continues to grow on P2P and other networks. 

Filesharing is more popular than ever with billions of files being traded monthly.  Market research firm Big Champaign reports that the amount of traffic on P2P networks doubled between Setpember 2003 (when the lawsuits began) and June 2005.  The RIAA’s campaign is simply not working. 

People have discovered filesharing and like it very much.  They are not only trading files on P2P networks but also via instant messaging, a huge phenomenon that can’t even be measured.  When you combine social networking sites like myspace.com with instant messaging the number of files being traded explodes.  Why does this have to be bad for the music business?   Filesharing has been shown to be a key driver of music discovery.  Why can’t we harness this?   There has to be a better way.

"There is a better way. EFF has been advocating a voluntary collective licensing regime as a mechanism that would fairly compensate artists and rightsholders for P2P file sharing. The concept is simple: the music industry forms a collecting society, which then offers file-sharing music fans the opportunity to “get legit” in exchange for a reasonable regular payment, say $5 per month. So long as they pay, the fans are free to keep doing what they are going to do anyway—share the music they love using whatever software they like on whatever computer platform they prefer—without fear of lawsuits. The money collected gets divided among rights-holders based on the popularity of their music. In exchange, file-sharing music fans who pay (or have their ISP or software provider or other intermediary pay on their behalf) will be free to download whatever they like, using whatever software works best for them. The more people share, the more money goes to rights-holders. The more competition in P2P software, the more rapid the innovation and improvement. The more freedom to fans to publish what they care about, the deeper the catalog.

This has been successfully done before. For almost 100 years, collecting societies like ASCAP, BMI and SESAC have been collecting fees on song reproductions and performances, beginning with royalties for the publication of sheet music and expanding, as necessary to include new formats, such as broadcast radio, jukeboxes, TV, “elevator music,” and movies. Some lawsuits would still be necessary, the same way that spot checks on the subway are necessary in cities that rely on an “honor system” for mass transit. But the lawsuits will no longer be aimed at singling out music fans for multi-thousand dollar punishments in order to “make an example” of them. They will no longer be intended to drive fans into the arms of inferior, over-priced alternatives.

Instead, the system would reinforce the rule of law—by giving fans the chance to pay a small monthly fee for P2P file sharing, a voluntary collection system creates a way for fans to “do the right thing” along with a realistic chance that the majority will actually be able to live up to the letter of the law."

Read the full report ‘RIAA v. The People: Two Years Later’ here.

I have been traveling quite a bit this past year speaking about the Future of Music at industry conferences, tradeshows and other music related events.   The topic of music formats always comes up and I encourage people to think expansively and try and paint a picture of a future where digital music integrates even more closely into our lifestyles.  Here are a few examples of what I have been talking about, and things that are beginning to appear in the marketplace that points towards the "Music Like Water" future we describe in the book.

Card_2Fixed Media

There are other hard formats to compete with the CD such as Flash Memory.  Capacities these days of 500 MB – 1GB are commonplace at prices around $50 retail.  Why not buy some data along with that USB drive or SD card?

Now we see SanDisk, a huge player in personal storage and the #2 maker of MP3 players announcing the Gruvi Card containing the Rolling Stones album, A Bigger Bang. You can listen to the Stones on mobile phones, selected Palm, Windows Mobile or Pocket PC OS
devices.

The Barenaked Ladies also announced that they plan to release their next project on a USB flash drive, called Barenaked on a Stick, containing 29 songs, live tracks, album art, photos and videos. Look for a lot more of this to come.

ThumbBiometrics

In the "Music Like Water" scenario, your music is available to you anywhere, all the time.  To identify you and match your musical selections to you as an individual, some kind of authentication will be required, such as a login on a pc, or IP address, or some other means of identification.

VeriTouch a company providing
biometric hardware devices, algorithms and encryption technologies, has announced
MuViBOXX!
, a new entertainment
company that
will introduce the world’s first legal P2P file-sharing network
in a consumer set-top TV box.  The device will use a thumbprint as part of it’s Digital Rights Management solution.


EarLifestyle Digital Music Players

We are going to see a real explosion in digital music players that are tightly coupled to some marketeer’s vision of the way people want to incorporate music into their lifestyle.   If the iPod is a fashion accessory with it’s white earbuds symbolizing the solitude of the current digital music experience – we are going to be deluged with variations on that theme.  Expect to see some really bizzare products.  They are already starting to hit the market.

Thump_2Oakley is into it’s second generation of digital music eyewear, Thump.  I am a proud owner of the first incarnation of this concept and they are great for skiing and running and hanging outdoors, so long as you don’t want to talk to anyone else.


SonyearIt is one thing to identify a digital music player as a piece of
jewelry, and entirely another thing to actually pull it off.  It’s not
to say that that hunk of plastic hanging off your neck isn’t
attractive, it’s just that the execution of the concept could be better.  Here is an example of Sony trying really hard to be cool.  Not something I would enjoy having swinging from my ear…  but a clear indication of things to come.

Pez
And finally, my current favorite digital music lifestyle device, the PEZ MP3 player.  The only thing missing (unfortunately) is the candy…

 

After nearly 5 years of full blown operation, the legitimate digital music distribution business seems to have failed to deliver the volume of sales that many in the industry have hoped for.  The much trumpeted Apple effort with iTunes and the iPod have yet to deliver on the promise of digital music as a path to salvation for the recorded music industry.

According to Nielsen SoundScan, average weekly download sales as of November 27th fell .44% vs. the third quarter.  That’s no growth at all.

According to a recent Bloomberg article, overall the numbers don’t support a exploding market.

"Digital music sales in the U.S., the world’s biggest market, have hardly budged in the past five months. They almost tripled to 6.6 million downloads a week in the year through May, and were at 6.7 million in the week ended Oct. 23, according to Nielsen SoundScan, a unit of Dutch media company VNU NV.

The iPod, with more than 28.2 million sold, isn’t providing the panacea that the music industry seeks. EMI Group Plc Chairman Eric Nicoli forecast in May that digital sales would help revive the $34 billion recorded music market. For now, they’re unlikely to offset falling CD sales that are causing global revenue to shrink for a sixth straight year.

Digital optimism seems to be crashing in on itself,” says Simon Baker, a media analyst at SG Securities in London, who has a sell” rating on shares of EMI, the world’s third- largest music company.

Downloads in the U.S. have alarmingly plateaued. This has devastating implications for predictions that digital sales would grow exponentially.’

The shares of EMI, whose roster includes Coldplay and The Rolling Stones, have dropped 20 percent this year to 212 pence in London. Warner Music Group Corp. Chief Executive Officer Edgar Bronfman Jr. has seen his company’s stock fall to $15.47, below its May initial public offering price of $17.

Music stocks have declined while Apple soared. Apple shares have climbed to $57.50 in New York from $9.50 in October 2001, when the iPod went on sale. Fiscal fourth-quarter net income at Apple, which also makes Macintosh computers, rose to $430 million from $106 million a year earlier, as it sold 6.45 million iPods, the company said Oct. 12. Revenue from iTunes Music Store and iPod accessories accounted for just $265 million of Apple’s $3.68 billion in sales in the period."

Read all the gory details from Bloomberg here.

Billboard Article here.

See also "iTunes is a Scam" here.

New Formats

In a recent interview with Doug Dixon, David Kusek argues that the industry needs to develop new formats for music
distributed in physical formats. "Dual Disc is certainly a pointer in the
right direction," he says. "You need to create something that has
great value in order to continue to compete."

For example, in the movie A Clockwork Orange, says Kusek, "even
before CDs were out, they played music on a disk that was a little bigger than a
silver dollar. It reminds me of the idea that perhaps there are other formats
that could be developed, nontraditional formats, from what we have seen so far.
If you had a recordable format that was more convenient than CD, and held more
data, and was faster to record, then perhaps you could have a system where the
recording could be inside the stream of commerce."

The other critical trend, he says, is that "the price of these physical
products needs to come down. I’m encouraged that Dual Disc seems to be priced
around $18 to $20, and discouraged that CDs continue to hover in the $15 to $18
range. I don’t know how much control the manufacturers have over this, but to
the extent they can encourage their customers to be more realistic about pricing
CDs, the longer they will be able to stay in business. I really do believe the
price point for an audio CD is south of $10 at retail."

Music Commerce

But isn’t piracy destroying the industry? "There are two forms that are
currently labeled piracy," says Kusek. "You have the wholesale
replication of CDs and DVDs. To me, that’s counterfeit products and is obviously
not to be tolerated. It is certainly evil and criminal, and bad for
business."

"But the other kind of behavior that is labeled as piracy — downloading
files and trading files with your friends — I’m not sure that I would put that
in the same camp. Often there is no profit margin, there’s no distribution
network, other than yourself and a handful of people that you know. Generally,
you are not selling files to your friends."

"You can measure wholesale piracy and replication in many billions of
dollars, whereas for downloading and file sharing, it’s hard to quantify whether
it has had any negative impact at all in terms of real sales. I actually think
that is good for music, as painful as it may be for to the record
companies."

"I don’t think that file sharing and downloading of music is going to
stop," says Kusek, "until there is something easier, and better, and
cheaper, and more appealing. So as I argue in the book, why not embrace that
behavior, license and tax it, and somehow derive money from it? Make it easier
to find music, improve the quality of the files, and make it easier to record,
instead of trying to fight it. It seems a completely losing battle; People are
never going to stop doing it as long as the price of CDs is too high. So why not
go with the flow and embrace it?"

Investing in the Future

Says Kusek, "by and large the record companies are not in touch
with their customers at any significant level. They thought that their customer
was Wal-Mart. They are out of touch with their ultimate customer, and their
customer shifted away from them. They are still selling a ton of CDs, but the
whole file sharing thing was off their radar screen until someone told them
about it. So then they decided, let’s just go sue all these bastards."

"That bothers me as well," he says. "I ran the numbers, and
somewhere between 30 and 40 million dollars is being collected in the
settlements from the RIAA. But none of that money is going to the artists or
songwriters. It is going to the attorneys and the courts to process the papers,
and whatever is left is going to fund more lawsuits. It’s incredibly wasteful.
The numbers I see show file sharing growing on a monthly basis, ever since they
started the lawsuits, so it is not working. Imagine if they took $40 million and
invested it in a new way of delivering music that is attuned to the way people
want to buy."

To help people in the industry examine these options, Kusek runs an online
course on "The Future of Music and the Music Business" through the
Berkleemusic.com online extension school. "The course is for people at any
level of the music business," he says, "from artists, songwriters,
managers, record company, publisher, promoter, venue. We have had a lot of
people sign up from those areas trying to figure out what am I going to do in
the future: I own a record label, and how I get into this digital thing, or I am
a manager, and I can see that the labels are not really servicing my clients
anymore, so how can I grow my business in an appropriate way. A lot of the work
we do in the class is class projects or personal projects where you apply what
we are talking about to your situation and try to figure out what the next step
might be."

From his classes and consulting work, Kusek also sees differences in the
music business across the global economy. "One of my online students runs a
CD and DVD manufacturing company in India," he says. "They’re finding
that sales are actually quite healthy because the computer thing has not taken
off in the way it has in other parts of the world. I think there are many areas
in the global economy where there are lots of legs left to the existing physical
media, and those folks have more time to figure out alternatives."

Read the complete interview here at Manifest Technology.

Let’s face it.  Even though Steve Jobs and Apple almost single handedly led the major labels into the digital age of music, the numbers just don’t make sense, for anyone but Apple.  With the licenses for the music that Apple sells on iTunes coming up for renewal, it is time for the music industry to take a cold, hard look at the reality of the deal that it made, and consider their options.

According to research firm Fulcrum Global Partners, while the installed base of iPods will quadruple from 2004 to 2005, the average number of paid downloads per iPod fell by nearly 50%, from 31 to 16.  All of those iPods are almost entirely filled with ripped, copied or pirated music.

Here are the numbers as of Summer 2005:

While CD revenues have declined by some $1.7 Billion dollars on an annual basis,
iPod revenues are predicted to total over $4 Billion dollars in 2005.
At the same time, iTunes gross revenues for music downloads are about $200 million annually, with the labels taking home approximately $130 Million.

Do the math:  CD revenues down $1.7 Billion.  Download revenues up $130 Million.  That leaves a shortfall of $1.57 Billion for the music labels.   At the same time, Apple makes $4 Billion off of the iPod this year alone.  Surely the labels cannot be happy with this.  As a major label shareholder I would be outraged.

Those precious music licenses are up for renewal soon.  The future of music is at stake.  What does the smart money say the labels should do?

As reported in Digital Music News, in our Book, in this Blog and in many, many other places – one has to really question whether the RIAA should continue it’s litigation strategy against P2P file-sharing? According to a recent report by the Electronic Frontier Foundation (EFF), the answer is decidedly no. The EFF, which has long been at loggerheads with the RIAA both inside the courtroom and out, recently released a highly critical report. In the review, called "RIAA v. The People: Two Years Later," the EFF argues that overall file-sharing volumes continue to increase, despite ongoing lawsuits. "Studies show that P2P usage is increasing instead of decreasing," commented EFF senior staff attorney Fred von Lohmann.

Part of the problem is a simple numbers game. Out of millions of file-sharers in the United States, the RIAA is only targeting a group of several hundred monthly. But the EFF injected a human factor into the equation, pointing to the financial hardships that targeted swappers often endure. Citing a "a single mother in Minnesota who faces $500,000 in penalties for her daughter’s alleged downloading" and a "disabled veteran who was targeted for downloading songs she already owned," the EFF paints a picture of a legal campaign that may be overly aggressive. That has had a negative publicity effect on the RIAA, despite the arbitrary nature of the suits.

So what should major labels be doing? According to the EFF, a strong alternative is a voluntary collective licensing scheme. Such a plan could involve monthly payments to an ISP "or software provider or other intermediary". A large pool of cash would then be divided among rights holders. While that represents a major paradigm shift, and a complicated transition, the EFF sees a big opportunity. "The more people share, the more money goes to rights-holders. The more competition in P2P software, the more rapid the innovation and improvement. The more freedom to fans to publish what they care about, the deeper the catalog." But even though that concept has been on the table for years, labels have been mostly resistant. Whether that will change in the coming years may depend on just how physical CD sales do, and whether a meaningful story emerges in the paid download, subscription, and mobile music markets.

From Digital Music News

MySpace, the fan driven music commmunity that has grown like wildfire in the past couple of years is about to start a record label.  Let’s hope that they have a broader vision for this than what was reported in  Digital Music News.

"The move has been anticipated for some time, and could catapult several artists to stardom. But unlike a traditional record label, MySpace will be able to avoid some of the pitfalls associated with talent scouting. Picking bands has always been a hit-and-miss game, and the number of losers has always dwarfed the number of winners. But in the selection of Hollywood Undead, Anderson pointed to feverish activity among MySpace users, making the decision less about gut and more about actual fan response. The Hollywood Undead album is slated for release during the second quarter of next year."

These are really smart people on a tear and backed by Rupert Murdoch megadollars.  Watch for signs of a new generation music company springing forth.

The Supreme Court decision in MGM v. Grokster to send the case back to the District Court was a directive to accept the concept of “inducement” and to hold the defendant responsible for copyright infringement.  As a defense, companies accused of “inducement” in the future will be required to show that their product is capable of “commercially significant non-infringing uses”.

Until a “commercially significant” standard is established, the law shall favor those with the largest legal war-chest who will be able to rain lawyers on the innovative start-ups like the Biblical plagues of Egypt, as currently evidenced by the RIAA’s renewed attacks on all the P2P networks.  Just recently E-Donkey admitted that it could not afford to fight the legal battle with the RIAA and would be closing down it’s P2P service.

These days P2P is synonymous with illegal filesharing. However, it is actually a network architecture that has proven to have commercially significant non-infringing uses. For example, Skype uses P2P software to facilitate Internet Telephony. It has been wildly successful and was recently sold to eBay in a (presumably) “commercially significant” transaction valued at $2.6 billion. The founders of Skype are the very same individuals who created – and later broke their connection with – the KaZaa software that ultimately became a popular P2P vehicle for trading copyrighted files. 

Thus, it is important to recognize that the first applications of a new technology may not ultimately become the dominant ones. To strangle in the cradle a newborn technology that may eventually have considerable legitimate applications merely because the first users have been “bad guys” is contrary to the public interest.

Paraphrased from Inside Digital Media – to listen to an interview with two respected copyright lawyers on this topic, visit Insidedigitalmedia.com and click on the October 19th Interview.  Good stuff.

The first half of 2005 was characterized by a large percentage increase in paid music download purchases. Specifically, paid download levels in the US increased by 170 percent when compared to the first half of 2004. But will that be enough to sustain an industry? Analysts at Fulcrum Global Partners LLC recently raised some concerns. "Despite the improvement in digital, the RIAA data indicates that the dollar value of manufacturer shipments (physical and digital units combined) declined about 3 percent," the analysts noted, pointing to a sagging pre-recorded CD sector. "We expect physical music sales to continue to decline as retailers – particularly big box retailers such as Best Buy and Circuit City – scale back floor space devoted to music and/or begin to pressure wholesale pricing, particularly as they are capturing less and less market share from music specialty stores."

Clearly CD sales are in trouble, though the larger question is whether digital revenues can eventually replace a declining physical market. The Fulcrum analysts remained bearish on the prospects. "While we are intrigued that consumers who felt music was too expensive or too hard to find are coming back into the music buying population, we are increasingly concerned that the ability to buy individual songs (vs. albums) combined with the ease of theft…will result in digital sales not offsetting physical declines."

Meanwhile, the analysis also pointed to softer-than-expected digital sales in the third quarter. The group noted that paid downloads for the most recent quarter are only 12 percent above Q1 sales, and 3 percent above Q2 returns. "We are surprised that weekly digital downloads have not increased rapidly throughout 2005, given how early the industry is within its digital migration," the report states. Currently, physical sales account for 94 percent of overall industry revenues, while rapidly expanding digital sales now account for 6 percent of the pie.

From Digital Music News

See also iTunes Scam

If you work for a major record label, this kind of thinking is going to get you wacked.  Read how Sony/BMG’s Andy Lack and (former Grokster chief) Wayne Russo (and others) have been meeting for a couple of years to try and get a filtered P2P service up and running.  Now BMG wants Lack to take a hike.

CNet Article here.

"As broadband internet
access becomes ubiquitous – and wireless – this model suddenly becomes
feasible for music. At the moment, the only way we can have the stuff
we crave is to buy or steal the product. But if we could access
whatever we wanted, at any time, on payment of a levy, our need to own
the packages would diminish. We could just turn on the tap, as it were,
and get Beethoven or So Solid Crew on demand. Not to mention the
collected works of David Bowie. And then we could give him a Brit Award
for being so far ahead of the game."

Read more about Music Like Water here.

File-sharing companies will have to move offshore or change their models to become
similar to iTunes or the new Napster to avoid facing expensive legal battles with RIAA member companies.

Read more here.

Sdram_chipThe recording industry has always been driven by new formats throughout its history.  From wax cylinders to vinyl records, from cassette and 8-track tape to CD and more recently MP3 files. The music industry has always moved forward by introducing successful new formats and migrating people to a better product.  The CD has been around for nearly 23 years and is a tired format.  The major labels refused to license unprotected MP3 files and this decision is one of the reasons that they are in trouble today.

The future of music lies in embracing and developing new formats that give people increasing value and convenience – and makes music more attractive and makes it sound better. 

In our book, ‘The Future of Music’, and in recent industry presentations we proposed new formats for music, such as those to be delivered on flash memory cards and in jewelry.

Now, the vision begins to come to life.

SanDisk has announced plans to deliver music content via its microSD, flash based memory cards. The company will offer the new Rolling Stones album, ‘A Bigger Bang’, on the format starting in November. The price point will be $39.95, and the cards will be available through a large number of retailers. The Rolling Stones deal is only the beginning with the cards eventually including other forms of media. The company also announced that its Gruvi cards will be compatible with the Yahoo Music Unlimited service, allowing consumers to listen to subscription-based content across the same range of devices. To achieve this, the Gruvi cards will be compatible with the Yahoo Music Engine software client, which lets listeners manage music, create playlists, and purchase downloads.

Read more here.

Watch this week’s Nightly Business Report on NPR and Public Television to see a special series on the Music Business, featuring Dave Kusek and Gerd Leonard.

"On December 6th, 1877, Thomas
Edison shouted a nursery rhyme into his new talking machine. The recording
industry was born.

Over more than a century, the technology evolved from wax cylinder to
shellac platter to long-playing vinyl to cassette tape to compact disc.

But the business model remained the same: The artist recorded to the
label`s satisfaction, the label did the manufacturing and handled the
distribution, and the consumer could take it or leave it.

That changed in the mid-1990s, when personal computers got the ability
to make digital compact discs. Unlike analog, digital recordings are
simply computer data files, and the tools need to create, capture and
manipulate digital music are inexpensive, high quality and widely
available.

Now, consumers can use the recording industry`s compact disc to create
their own compilations, re-edit to produce derivative products, and yes,
make perfect copies.

When the cost of the blank needed for a copy fell to pennies, the
industry`s business model fell apart.

If the ability to easily copy compact discs was a problem for
the recording industry, Napster and other file-sharing systems were a
disaster. Created in 1999, Napster let consumers freely trade the computer
files of songs with others over the Internet. The artists, publishers and
recording companies never saw a dime.

Nearly 40 million people were said to be using Napster when
it shut down. And for every Napster that was shut down, another method to
share files sprang up.
The industry`s trade association sued thousands of people, mostly
college students, to stop the practice. The lawsuits, tens of thousands by
some counts, continue today.
"

More info here.

A very clever application for linking your music library to upcoming concert appearances is available from Passalong Networks.  OnTour provides a way for you to find local concerts featuring your
favorite artists, to purchase music by these artists, and to buy tickets to these concerts.  OnTour scans the digital music files already on your computer and generates concert listings by matching artist names to upcoming concerts in the your area (U.S.).  Artists with upcoming shows in the area are listed. Click on a link and details appear with concert dates. Buttons that link with Mapquest, the venue schedule and Ticketmaster are at the bottom of the window. Choose "Recommended Artist" from the drop-down list and the application compares your artist list with data gathered from thousands of other music lovers to make recommendations.  OnTour also allows you to scan by concert hall, to see which artists are scheduled to play at your favorite venue. Additionally, OnTour allows you to manually add artists to track and can display ‘all artists’ for your city. This application will ensure you ‘never miss a concert again’.

Check it out here.

"The RIAA took a strong step this week by issuing a rash of cease-and-desist letters to top P2P firms. Those actions were hardly unexpected following MGM v. Grokster, but the aftermath for the P2P world could produce some surprises.

But what happens to overall file-sharing volume and CD sales as a result? After all, the core interest of labels is making money, and ending the erosion in CD sales caused by file-sharing. Some observers doubt that the latest strike will have a negligible effect on overall swapping volume, as more off-shore, underground, or alternative sharing mechanisms swoop in to fill any voids left by the RIAA actions. That is certainly what happened several years ago, despite the shutdown of Napster, Aimster, AudioGalaxy, and a host of other file-sharing tools. The demand for easy music was just too great, and the void was satisfied within months. That could characterize the aftermath of the latest purge, though it will take months and several bloody battles before the true outcome is known."

From Digital Music News

Legal music-download services won’t be able to compete
fully with their free- and illegal-download counterparts until
copyright law changes, a Virginia congressman said Tuesday.

"The illegal services offer all of the songs, and the legal
services don’t, and therein lies the crux of the problem," Rep. Rick
Boucher, a Virginia Democrat, said in a speech at the Future of Music Policy Summit here.

The remedy, he said, lies in
a congressional rewrite of portions of copyright law that govern
licensing and royalty fees and make it cumbersome for legal download
services to add material to their inventories. Boucher said he hopes
his committee will have a new bill written and reported to the U.S.
House of Representatives by the end of this congressional term in
November. (The congressman has also been a vocal critic of other pieces of digital copyright law.)

The Senate Judiciary Committee has also been exploring how to
streamline and simplify the royalty system in a way that "balances the
competing interests of artists and publishers" but "doesn’t continue

But Congress can’t go forward until it achieves consensus among the
powerful interest groups involved, Boucher said: "If you belong to an
organization that represents copyright owners, please urge a resolution
of these issues at the earliest possible time."

Read the complete CNET piece here.

We have begun to Podcast chapters from the Future of Music.

Periodically we will post a new audio chapter from the Future of Music book along with audio commentary from the authors on the latest happenings in the digital music space.

The Podcast is available as an iTunes subscription and as an RSS feed.  To access simply click on one of the Get the Podcast links on the right column of this blog.

We hope you enjoy listening and encourage you to join our mailing list to stay in touch.

Shortly after the CD was first introduced to the marketplace in 1983, the  music industry decided that the “jewel case” in which the CD was packaged was too hard to merchandise and too easy to steal. So, they invented the ‘long box’, a cardboard sleeve that housed the jewel case and disc. Two of the long boxes fit neatly side-by-side in the existing LP racks. They figured it would also be a good deterrent for shoplifting, since it was too long to shove into a pocket to steal. However, the impact that this abundantly wasteful idea had on the industry, and the backlash felt by insulted consumers and ecologically minded artists, has been well documented. Suffice to say that the long box was eventually abandoned.

There has never been any DRM that has not been cracked by diligent hackers one way or another, whether commercially exploited or not. This is true for DRM used in computer software, video games, cable television, cellular phone transmissions, DVDs, and for many other forms of encryption. Leading computer software makers like Microsoft and Intuit pulled the plug on overly restrictive copyprotection schemes long ago, after consumers became increasingly disgruntled with legally purchased programs that still would not install or run properly. If the software business can live with 57 percent piracy, how can the music industry claim that less than 20 percent is killing them?

Today the industry blames the pirates and the evil file-sharers for its woes, but it can certainly be argued that the industry brought this upon itself by releasing the Red Book–audio CD format, not realizing that in just a few years, advances in home computer technology would make it possible for people to replicate an infinite number of perfect digital copies of every song ever released on CD. The billions of files that are traded on Kazaa, Morpheus, Grokster, iMesh, Limewire, and other P2P networks are the direct result of the record companies’ decision to go with the CD format.

For all the music that has already been released on CD, the genie is already out of the bottle. There is no turning back to a time when the music could have been “mechanically” protected. Therefore, for all the music available on existing CDs, there is no possibility for DRM to ever be effective, retroactively. This is also true for the thousands of new CD releases being introduced into the marketplace every month by the record industry. All attempts at post-natal abortion will prove to be fruitless.  The simple fact is that if you can see or hear it on your computer, then you can copy it, one way or the other.

Read what the EFF has to say about the current ‘authorized’ digital music services and their use of DRM.  The Customer is Always Wrong.

24a_donwasGrammy Award winning producer Don Was had a few choice words for the music moguls in this past issue of Billboard. 

Was, who produced the newest Rolling Stones studio album "A Bigger Band", Bonnie Raitt’s "Nick of Time" and Bob Dylan’s "Under the Red Sky" echos many of the views put forth in the Future of Music book.

On recording costs: "I’ve always advocated spending less money.  Greed is the biggest problem facing the music business.  People are tending to make shitty records and charging way too much for them and are not running the business in accordance with established principles of good management.  We should take our energies a little bit away from chasing down teenagers who are file-sharing and go after the real problem and deal with those issues:  Make better records and run the businesss better."

On the current state of the music industry: "It’s really a beautiful business.  It reminds me of a national park.  Maybe we should be thinking, ‘why don’t we leave this in a little better shape than we found it?’ And if you’re dumping garbage at your campsite and being reckless with matches, the ranger’s going to throw your ass out of the park."

On music marketing with car manufacturer Lincoln Mercury:  "We’re talking about some larger things.  Lincoln sells at least 5000,000 cars every year.  What if you put a CD in every car?  People aren’t buying music through the conventional means the way they have been.  So get it out there by other means."

Excerpted from Nelinda Newman’s interview in Billboard 9/05/05

‘Apple’ is now girding for a showdown with at least two of the
four major record companies over the price of songs on the iTunes
service.

Signs of conflict over pricing issues are increasingly
apparent. This month, Apple started its iTunes service in Japan without
songs from the two major companies – Sony
BMG Music Entertainment and Warner Music Group – leaving artists like
Avril Lavigne, Beyoncé and Rob Thomas out of the catalog because the
companies refused to license their music to iTunes, executives involved
in the talks said.

That gap in the Japanese music market, the
world’s second biggest, is considered a harbinger of what may await
American consumers as the contracts that record companies have with
Apple in the United States come up for renewal early next year.

Read the NYTimes article here.

Read a similar take from Pollstar here.

A scheme that would shift the cost of digital music from users to Internet service providers is gaining international support.

"William “Terry” Fisher, a Harvard law professor and director of the Berkman Center for Internet and Society in Cambridge, Massachusetts, is a key advocate of revising the process by which copyright holders get paid. His group is working on a project called the Digital Media Exchange, to be built next year. The Exchange would compensate artists by dividing customers’ subscription fees based on how many times a work is played.

Mr. Fisher said his preference would be for governments to impose a tax on ISPs to collect revenue and make all works available to consumers. He says that China, some countries in Eastern Europe, and Brazil seem as if they might be open to this possibility."

Read the Red Herring Article Here.

The BBC has published an interview with Brad Duea, president of Napster. A few interesting sound bites:

Online music will become an ”exploding multi-billion dollar space in the next two years.”

”A lot of time people think of ownership as this ultimate thing with music. Has owning cassettes in the past really benefited people?”

”I do not think the argument about ownership is such a wonderful thing. What do you really want as a music fan? It’s to access music and listening to music.”

Music to our ears.  Read more here.

PlayLouder is an MSP, or ‘Music Service Provider’ that provides unlimited music downloading as part of its broadband Internet Service.  The files contain no DRM and even MP3s can be swapped among PlayLouder subscribers without restrictions.  Fabulous.

"Playlouder is offering
the first legal alternative with a comparable experience to the "peer
to peer" file sharing sites often used to swap pirated tracks.  Subscribers
will be charged £26 a month for a high speed broadband internet
connection, similar to the price charged by BT, with the added
attraction of being able to share as much music as they want with other
subscribers at no extra cost.  Because
there will be no restrictions on the format in which the traded music
is encoded, users will be free to transfer songs to any type of digital
music player, including the market leading Apple iPod, or burn them to
CD.  However,
not only will consumers have to pay for music which they currently
acquire free, albeit illegally, but they will also have to change their
internet provider."

Available in the UK.   Read more in the Guardian here.