Reading about freedom
Aug. 19th, 2002 10:13 pmReading and listening to what Lawrence Lessig has to say about modern intellectual property law. Why it restricts our freedom and places the power of control of our culture into the hands of few people. Why we're losing the battle to gain freedom and how fundamentally our culture values are being legislated in Washington (yeah, Ameri-centric as usual but hey it does effect us Canucks) without the implications being made apparent to the public.
His speech is available in MP3 format. It's long (30mins) and a big download (7.2mb) but worth the time I think.
There's a reason I don't buy DVD's or many large label CD's. I prefer to support artists by attending performances and buying goods online and at venue. I encourage people to "steal" music and discover new sounds. I personally care about enriching culture and therefore people's quality of life before further lining Hillary Rosen's pockets. Artists will still get paid, they'll just have to do it the way it's been done for a lot longer than records have been sold.
It's called performance.
His speech is available in MP3 format. It's long (30mins) and a big download (7.2mb) but worth the time I think.
There's a reason I don't buy DVD's or many large label CD's. I prefer to support artists by attending performances and buying goods online and at venue. I encourage people to "steal" music and discover new sounds. I personally care about enriching culture and therefore people's quality of life before further lining Hillary Rosen's pockets. Artists will still get paid, they'll just have to do it the way it's been done for a lot longer than records have been sold.
It's called performance.
Oh come on....
Date: 2002-08-19 07:50 pm (UTC)The recording insustry sucks, so that absolves you completely if you want to get free music. Lucky for you that it works out that way, huh? If only complex issues like abortion could have the clarity of intelectual property law. I may be guilty of the same crime, but it sounds like you just want easy answers.
Just cause you don't get in trouble for "stealing" music doesn't make it right. It doesn't necesarilly make it wrong either, but I'm pretty sure the artists whom you like to support by going to their concerts and by buying their swag, would also love it if you bought thier CD instead of shafting them big time.
If you want to fuck the industry, you'll also be fucking your favorite artists at the same time.
(I'll listen to the mp3 when I get home but I doubt it'll change my mind on this.)
no subject
Date: 2002-08-19 08:41 pm (UTC)Re: Oh come on....
Date: 2002-08-19 10:56 pm (UTC)Do you really believe you $20 goes to the artist most of the time? Fuck man, it's probably closer to $1.50 at best. There's a breakdown of the standard record deal somewhere on salon.com, it's pretty tame. On the other hand a performance makes them a significant amount of money for a product that I think is a lot more valuable than another record.
What has to be understood is that the internet has utterly changed the cost of distribution and is in direct conflict with the traditional industry. The internet is superior in how it achieves certain aspects of distribution ie: scale and cost. It's like denying the printing press exists and that everybody still has to go to church to hear the bible read to them.
I'd listen to the mp3 regardless. Interesting fact: record sales declined %5 during a year that was a recessive across the board economically. The RIAA attributes it to p2p file sharing which traded 5x the volume of the actual records sold.
My statments about not buying records were a little off the cuff and harsh, I admit. I still buy the same amount actually and if I had more cash I'd buy even more. I think the aspect of freedom is more important here. I should be able to trade music online completely freely because it doesn't compete with record sales. I'm sure the numbers will continue to show this and infact p2p file sharing I think will ultimately benefit people and our econoy as a whole in the end.
no subject
Date: 2002-08-19 11:17 pm (UTC)Like I said to Greg, it's like ignoring the printing press exists and that you still have to go to church to hear the bible read. Or else your somehow "stealing" from the priest. It's just not that way, things have changed. There could be alternate revenue systems for collecting royalties but they haven't materialized because nobody wants to change. Things are too lucrative. At the same time consumers are more savy than they're given credit for. Everybody knows paying $15 for an n'sync album is a total shaft, those boys are the virtual legion of producers, stylists, writers, correograhpers, aroma therapists, shiatsu masseurs and god knows what else are being paid handsomly.
The options the industry presents, of an electronic police state where every recording is managed by big brother and any software that alters, transmits or otherwise tampers with a precious recording is neutered or denied execution is not exactly the brave new world I want to live in. Culturally we're seeing DJs are artists sampling and remixing from all angles. There are new forms of music directly influenced by technology and digital distribution that can't exist under digital rights management law. Did we outlaw paints to the impressionists?
I think you have ever right to be paid but I think the present of purposed systems of copyright infringe on freedom.
Um... What about the freedom to make a living
Date: 2002-08-20 02:11 am (UTC)True bro, but you still have to buy a copy of the bible to read it. Heh, Damn you! Actually that's an unfair example you're using there, cause the bible is in public domain, and thus can be accessed online, or you can go down to the airport and find several sweaty people with glazed expressions just handing it out to strangers. The Bible holds a special case because it is often printed with the intention for it to be given away at some point. I'm sure somebody makes money off the printing or something, but I've never bought a bible in my life and I have at least two.
But that does bring me to an important point. The Lessig lecture makes some good points about how the byzantine nature of copywrite law hampers creativity, and yes the Mickey Mouse extension is unfair and unjust, but I fail to see how that justifies you getting free music.
I'm currious how you connect the death of big label music to cheaper music. I can buy a N'Sync album for $15 and yeah it's a total screw job, but If I want an artist on an out of town, indie label I'll have to pay double. You may not dig on Def Jam, but they seem to get product out cheeper than Def Jux can. And I'll be honest, the reason I'm switching over to High Speed internet access is so I can get the FunCrusher Plus album without having to shell out 30 dollars to get it. $30? Fuck that!
However I'm fully aware that while I very much want my $30 and I very much want to listen to FunCrusher Plus a scheme which allows me to have both probably won't be "morally right" and will probably constitute "stealing". But nobody can stop me, so I don't care.
Let's break it down to basics.
If you get something for nothing
It was either a gift or you stole it
period
How many thank you cards do you plan to send out for all
the birthday presents that are cluttering up you hard drive?
Oh and the notion that an intangible experience is more valid a product than a physical object .... That's just wack.
Re: Oh come on....
Date: 2002-08-20 02:27 am (UTC)I'm not going to be so neive as to suggest that the system is fair,
But if the artists get so little out of the deal
Why do they get so upset when we steal their songs?
Re: Um... What about the freedom to make a living
Date: 2002-08-20 04:51 am (UTC)You're going to spend $40+ to save $30?
As for the conversation - I say steal music. Steal everything. If artists are artists simply to make profit, then they're merely creative accountants.
Re: Um... What about the freedom to make a living
Date: 2002-08-20 06:43 am (UTC)Re: Um... What about the freedom to make a living
Date: 2002-08-20 06:57 am (UTC)I will always steal music, that won't change. If you don't like that, then stop making it.
no subject
Date: 2002-08-20 07:07 am (UTC)Now they're feeling the effect of p2p transfers. This is an issue I brought up 6 or 7 years ago when I worked for a label. Deaf ears all around. They were, and still are, resistant to the digital revolution. CD technology was revolutionary. MTV was revolutionary. Digital (mp3, p2p, etc.) is revolutionary. Record executives, both the old suits at the executive level who ignored digital technology and the young neophites without the education or experience of record business 101 (from publishing, to marketing, promotion, etc.), all think you just plug in the computer and it will sell the music itself. Foolish, narrow-minded, and ultimately, as you said, are about to bring the whole industry down with possibly irreparable ill-effects.
On to your bashing of *NSYNC. Just because you don't like them doesn't give you the right to pick on the music they make (different strokes, pal) or put them in a place like David Gray (or any other supposed "righteous" or "correct" or "honest" performer) is not using the same video directors, styilsts, writers, shiatsu masseurs, etc. Of course, writers of the songs get paid what they get paid. A whole 7.2 cents per song! I won't spend it all in one place. If you have two writers on a song, they split that profit equally. The real big money is in performance royalties - radio, tv, internet play, etc. Agreed....a cd costs (with artwork included) about $1.00 to manufacture. A cd wholesales for around $11.00 which means a store marks up $3-$8 for their profit. Of that $11.00, $1.00 for manufacture (not including the actual recording and studio costs) and $1.00 for artist royalties, $9.00 is left to promote and market that cd. That costs about $4.00 on an average release. Now we're down to $5.00. These companies gotta keep the lights on and machine running. That's a lot of overhead. After all, cds aren't THAT expensive.
Of course, I agree with you that digital distribution would cut out about some costs. It doesn't lower the overhead costs much for a record company. I lowers the manufacturing costs. But the music still needs to be recorded and marketed. So the costs are still there.
Art is not for free. I'm sure you agree. You even have to (usually) pay to go to a museum. I don't see anyone balking at that cost. How about films? $100 million budgets? There are digital distribution issues there, as well. I'm not really fond of all the Robin Hood mentality of some people. I am not pointing a finger at you, because you actually have some of the info at hand to formulate an educated opinion. It helps to understand the deep layers of this issue other than "record companies suck". Yeah! So do most corporate entities. What else is new? Should everyone get free internet access just because everyone thinks it's too expensive?
By the way, I really love your glasses. I want a pair.
Re: Um... What about the freedom to make a living
Date: 2002-08-20 07:13 am (UTC)And your retort is incredibly childish. I don't like that you're admittedly stealing music. But I'm certainly not gonna let that stop me from the joy of making music. I can't think of a hotter guy I'd rather debate the topic. (Sorry, my libido is out of control today.) :)
Re: Um... What about the freedom to make a living
Date: 2002-08-20 07:28 am (UTC)As for the musicians out there who I do steal music from, I'm surprised many of them can sit from being punished fucked by their labels on a daily basis. The real crooks aren't people like me who find paying anything above $5 for a piece of plastic outrageous, but the recording industry that holds on to some archaic concept of music publication with little or no regard for the artists.
Artists are no more than the puppets of filthy rich recording execs and the treasure chest of my extensive MP3 collection.
Hmmm...?
Date: 2002-08-20 08:11 am (UTC)Besides me and Brodie that is?
Read my thoughts on this subject (http://www.livejournal.com/talkpost.bml?journal=loganbeary&itemid=49166) in my journal if you care.
Re: Oh come on....
Date: 2002-08-20 10:48 am (UTC)And I'm betting it'll be a very long time before I buy my next one.
Think about it.
Date: 2002-08-20 10:50 am (UTC)"They" don't. A few vocal artists, probably put up to their vocality by the RIAA, bitch and moan about it.
Yes! You get it!
Date: 2002-08-20 10:53 am (UTC)Absolutely! You bet! And with the continued end-run around RIAA, perhaps enough artists will tell the RIAA to go pound sand that a new system will come about. I've never believed that doing something the wrong way is better than not doing it at all.
Hoorah!!!
Date: 2002-08-20 10:59 am (UTC)BRAVO!!!!!! *thundrous applause*
Don't just do something, STAND there!
Date: 2002-08-20 11:02 am (UTC)Ayup. And if the union or organisation that speaks for you (e.g. RIAA) is doing a shitty, hamfisted job of creating market conditions that discourage the freeloading of your work, and is failing to funnel enough of their profits back to your pockets, then it's time to get someone else to speak for you. Simple as that.
Points inline...
Date: 2002-08-20 11:35 am (UTC)And continuing to support the record companies (RIAA) by buying $20 CDs full of pap whipped up using nothing more than a gaggle of photogenic pretend-badass-dudes and a vocoder would only be prolonging and exacerbating the problem. The only effective way to apply leverage to the RIAA is to stop buying their product.
They've needed to secure digital distribution of music for nearly 10 years and all they've done is ignore the reality of the situation.
Yep, they've failed. And it's their own stupid fault. I don't like to reward stupidity with money. The market decides their system is crap, and does an end run around it.
By not encrypting those cds from the start of the digital age
The "stick" approach like this has never worked. It doesn't work for software, and it doesn't work for music. Encryption is irrelevant, because it's easy to get around. I don't know how, personally, but there are plenty of people who do. Trying to devise effective music encryption is a pointless waste of money.
No, the "carrot" approach is vastly superior. Offer me twenty clams' worth of value , and I'll consider buying a twenty-dollar CD. It's like books. Nobody photocopies books to read, they buy them. Why? Because they offer value for the dollar.
Now they're feeling the effect of p2p transfers. This is an issue I brought up 6 or 7 years ago when I worked for a label. Deaf ears all around. They were, and still are, resistant to the digital revolution.
The results, then, are their own stupid fault. It's a shame the artists will feel the pinch from the industry's stupidity, but they're already getting shafted by the industry, so in the long run it'll have to lead to a new kind of industry.
Record executives, both the old suits at the executive level who ignored digital technology and the young neophites without the education or experience of record business 101 (from publishing, to marketing, promotion, etc.),
Given how badly the industry is "broken", I don't think indoctrinating new people into its ways is likely to have any positive outcome.
about to bring the whole industry down
Vive la revolution!
with possibly irreparable ill-effects.
People will make music, and other people will want it. Therefore, there will always be a music industry.
On to your bashing of *NSYNC. Just because you don't like them doesn't give you the right to pick on the music they make
I think you missed his point. NSYNC is just another inisipid plastic groupoid, the talentless creation of a record label, nothing but a vacuous marketing tool to rake-in profits, $20 disc by $20 disc. It's been going on for decades. Spice Girls...New Kids on the Block...the Monkees...these kinds of groups differ from individuals or groups with actual talent. While I feel for the legitimately talented artist's plight, I have no problem whatsoever reducing the profitmongering effectiveness of ploys like NSYNC by refusing to buy-into it (or buy it). Acts like these constitute an insult to the intelligence of anyone with more than one operating brain cell.
These companies gotta keep the lights on and machine running. That's a lot of overhead.
Then the overhead needs to be reduced. Fewer high-bucks bashes. Fewer limousines. Fewer shiatsu massages. As Grizz416 put it, if somebody is an artist solely for the profits and perks...
You even have to (usually) pay to go to a museum. I don't see anyone balking at that cost.
Because you get your money's worth.
How about films? $100 million budgets?
Another industry I try very hard not to support...
Re: Oh come on....
Date: 2002-08-20 12:08 pm (UTC)but back to the point you made..
This is what El-P has to say on the subject. He basicly runs his own small label. I can only assume he isn't cheating himself out of his own money. I mean it's possible, but I doubt it.
So all of a sudden, as an artist, you get into some weird questions about the relationship between yourself and your fans. A lot of the fans don't understand the industry and how the business works. They don't understand how if affects your relationship with retail if you don't sell a certain percentage of your initial shipment in the first couple of weeks, which therefore affects how much money you get for distribution, which affects the amount of records you can put out in a year, which affects what you can do for the records. But people are a little too quick to expound on their own perception or philosophy of how it helps or doesn't help.
(...)
If you want people like Can Ox and Aesop Rock to be able to release records and keep doing their thing, then you can't do that because it's a relationship between us - us and the fan, us and the consumer. We hold our end up, we're respectful to you, we put out the best music we can in the best way and we bust our asses to make it available to you. The least you can do it help us if you care. But in the end it's not that big of a deal, you know what I'm saying? I'm just gonna put annoying voices on my press advances.
You're going to spend $40+ to save $30?
Date: 2002-08-20 12:15 pm (UTC)