The following article by Janis Ian articulates beautifully the reality of the copyright issues that are being touted by the major U. S. record labels. Don't be gullible and think the recording industry has the artist's interest in mind.

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November 10, 2001

Music industry spins falsehood

By Janis Ian

The recording industry says downloading music from the Internet is ruining our business, destroying sales and costing artists such as me money. Costing me money?

I don't pretend to be an expert on intellectual property law, but I do know one thing: If a record executive says he will make me more money, I'd immediately protect my wallet.

Still, the Recording Industry Association of America (RIAA) is now in federal court trying to gain new powers to personally target Internet users in lawsuits for trading music files online. In a motion filed with the U.S. District Court for the District of Columbia, the RIAA is demanding that an Internet service provider, Verizon, turn over the name and contact information of one of its Internet subscribers who, the RIAA claims, might have unauthorized copies of songs on a home computer. Attacking your own customers because they want to learn more about your products is a bizarre business strategy, one the music industry cannot afford to continue. Yet the RIAA effectively destroyed Napster on such grounds, and now it is using the same crazy logic to take on Internet service providers and even privacy rights.

The RIAA's claim that the industry and artists are hurt by free downloading is nonsense. Consider my experience: I'm a recording artist who has sold multiple platinum records since the 1960s. My site, janisian.com, began offering free downloads in July. About a thousand people per day have downloaded my music, most of them people who had never heard of me and never bought my CDs.
Welcome to 'Acousticville'
On the first day I posted downloadable music, my merchandise sales tripled, and they have stayed that way ever since. I'm not about to become a zillionaire as a result, but I am making more money. At a time when radio playlists are tighter and any kind of exposure is hard to come by, 365,000 copies of my work now will be heard. Even if only 3% of those people come to concerts or buy my CDs, I've gained about 10,000 new fans this year.
That's how artists become successful: exposure. Without exposure, no one comes to shows, and no one buys CDs. After 37 years as a recording artist, when people write to tell me that they came to my concert because they downloaded a song and got curious, I am thrilled.
Who's really hurt by free downloads? The executives at major labels who twiddled their thumbs for years while company after company begged them to set up "micropayment" protocols and to license material for Internet-download sales.
Listen up
Many artists now benefit greatly from the free-download systems the RIAA seeks to destroy. These musicians, especially those without a major-label contract, can reach millions of new listeners with a downloadable song, enticing music fans to buy a CD or come to a concert of an artist they would have otherwise missed.
The RIAA and the entrenched music industry argue that free downloads are threats. The music industry had exactly the same response to the advent of reel-to-reel home tape recorders, cassettes, DATs, minidiscs, VCRs, music videos, MTV and a host of other products and services.
I am not advocating indiscriminate downloading without the artist's permission. Copyright protection is vital. But I do object to the industry spin that it is doing all this to protect artists. It is not protecting us; it is protecting itself.
I hope the court rejects the efforts of the music industry to assault the Internet and the music fans who use it. Speaking as an artist, I want us to work together -- industry leaders, musicians, songwriters and consumers -- to make technology work for all of us.
Janis Ian's popular-music credits include 17 major-label albums, nine Grammy nominations and 37 years of experience in the music industry.

My interests:

Beer

Favourite Links

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The New York Times > Arts > Music > Exploring the Right to Share, Mix and Burn

	NYTimes.com > Arts > Music

Exploring the Right to Share, Mix and Burn
By DAVID CARR

Published: April 9, 2005

The tickets for the event Thursday sold out in five minutes on the Internet, and on the evening itself the lines stretched down the block. The reverent young fans might as well have been holding cellphones aloft as totems of their fealty.
Then again, this was the New York Public Library, a place of very high ceilings and even higher cultural aspirations, so the rock concert vibe created some dissonance. Inside, things became clearer as two high priests of very different tribes came together to address the question of "Who Owns Culture?" - a discussion of digital file-sharing sponsored by Wired magazine, part of a library series called "Live From the NYPL."

Both Jeff Tweedy, the leader of the fervently followed rock band Wilco, and Lawrence Lessig, a Stanford University law professor who has opposed criminalizing file sharing, seemed to agree that just about anybody who owns a modem also owns - or at least has every right to download - culture products.
"I don't think anybody should make any money on music," Mr. Tweedy said at one point, only half joking. "Maybe we would pay audiences."
It is a curious sight when a rock star appears before his flock and suggests they take his work without paying for it, and even encourages them to. Mr. Tweedy, who has never been much for rock convention, became a convert to Internet peer-to-peer sharing of music files in 2001, after his band was dropped from its label on the cusp of a tour. Initially, the news left Wilco at the sum end of the standard rock equation: no record/no tour, no tour/no money, no money/no band. But Mr. Tweedy released "Yankee Hotel Foxtrot" for streaming on the band's Web site, and fans responded in droves. Wilco then took on the expenses of its tour as a band.

The resulting concerts were a huge success: Mr. Tweedy remembered watching in wonder as fans sang along with music that did not exist in CD form. Then something really funny happened. Nonesuch Records decided to release the actual plastic artifact in 2002. And where the band's previous album, "Summerteeth," sold 20,000 in its first week according to SoundScan, "Yankee" sold 57,000 copies in its first week and went on to sell more than 500,000. Downloading, at least for Wilco, created rather than diminished the appetite for the corporeal version of the work.

Both Mr. Tweedy and Mr. Lessig used their talk to say that the Web, in an age where conglomerated FM radio has squeezed out virtually all possibility of hearing anything worthy and new, is where fans are best exposed to music they might want to buy. And during the presentation (which was streamed live on Wilco's Web site), Mr. Lessig added that the decision to outlaw downloading would have a profoundly inhibiting effect on the creation of culture. He said that in every instance, from the player piano to radio to VCR's to cable, the law had landed on the side of the alleged "pirates," allowing for the copying or broadcasting of cultural works for private consumption. Thus far, both the music industry and the film industry has succeeded in making it illegal for consumers to download their products .
Mr. Lessig said that "the freedom to remix, not just words, but culture" was critical in the development of unforeseen works of art. He pointed to "The Grey Album," produced by the D.J. Danger Mouse, a remix of the Beatles' "White Album" and Jay-Z's "Black Album" that resulted in a wholly new and unexpected piece of music.

"What does it say about our democracy when ordinary behavior is deemed criminal?" he asked. Mr. Lessig and the moderator, Steven Johnson, a contributing editor at Wired, made much of the fact that the discussion was taking place in a library, where much of the Western cultural canon is available free.
Mr. Tweedy has little sympathy for artists who complain about downloading. "To me, the only people who are complaining are people who are so rich they never deserve to be paid again," he said.

Mr. Lessig, one of the philosopher kings of Internet law, and Mr. Tweedy, the crown prince of indie music, traded places more than a few times during the presentation, with Mr. Lessig, who has argued copyright cases before the United States Supreme Court, enthusiastic about the artistic possibilities the Web engenders, and Mr. Tweedy making sapient pronouncements on the theoretical underpinnings of ownership.

"Once you create something, it doesn't exist in the consciousness of the creator," Mr. Tweedy said, telling the audience that they had an investment in a song just by the act of listening. Later, at a dinner at Lever House, Mr. Tweedy suggested that downloading was an act of rightful "civil disobedience."

All of it - high and low culture, Supreme Court rulings and mashed-up video clips ridiculing the president - was eagerly lapped up by the audience, which included musicians like David Byrne and D.J. Spooky, along with a throng of fans who would show up to hear Mr. Tweedy read from a digital phone directory.

Afterward, Alex Sherwin, a 36-year-old graphic designer, said, "It would have been better with a guitar, but I still enjoyed hearing what he had to say." Mr. Sherwin said his favorite CD was a live Jeff Tweedy performance in Chicago, one that had been recorded and distributed with the artist's happy assent.