March 22, 2008

These Crazy Musicians Still Think They Should Get Paid For Recorded Music

Michael Arrington

331 comments »

Why is it the Brits have all the crazy-stupid ideas about how to screw up the music industry even more than it is already?

British musician Billy Bragg argues in the New York Times today that some portion of Bebo’s $850 million sale price should go to the musicians who uploaded their music to the site.

Note that Bragg neatly sidesteps the fact that music was uploaded to the site by artists (or their labels) themselves, with full knowledge that they would not receive payments of any kind (except free marketing, of course, and access to Bebo’s tens of millions of music loving users).

His argument is based on the notion that Bebo’s success was based on the availability of streaming music on the site: “The musicians who posted their work on Bebo.com are no different from investors in a start-up enterprise…Now that the business has reaped huge benefits, surely they deserve a dividend.”

Bragg also tries to take direct credit for Bebo’s success:

Mr. Birch has cited me as an influence in Bebo’s attitude toward artists. He got in touch two years ago after I took MySpace to task over its proprietary rights clause. I was concerned that the site was harvesting residual rights from original songs posted there by unsigned musicians. As a result of my complaints, MySpace changed its terms and conditions to state clearly that all rights to material appearing on the site remain with the originator.

A few weeks later, Mr. Birch came to see me at my home. He was hoping to expand his business by hosting music and wanted my advice on how to construct an artist-centered environment where musicians could post original songs without fear of losing control over their work. Following our talks, Mr. Birch told the press that he wanted Bebo to be a site that worked for artists and held their interests first and foremost.

Bragg does attempt to argue his case, primarily by (1) saying that social networks are as much to blame for declining music sales as the people who are downloading songs in violation of copyrights, and (2) saying that arguments that social networks are doing musicians a favor by marketing their music are “disingenuous.”

Both arguments have holes in them so large you could drive a BitTorrent stream through them.

Social networks have absolutely nothing to do with the decline in music sales. The fact that recorded music can be reproduced at a zero marginal cost is why music sales are declining. You can hate that or love that, but it’s simple economics that drives it.

And in fact the argument that social networks actually provide free marketing to artists is not disingenuous. In fact, it’s quite correct. Bragg notes that radio stations pay royalties for playing songs, even though they also obviously provide free marketing for artists.

His argument isn’t quite factually correct - In the U.S. royalties are paid by radio stations to song writers but not artists (it comes to about $450 million per year). In most of the rest of the world, though, artists are paid royalties. But a much more interesting analysis of the radio industry is the very strong desire for labels and musicians to pay them to play songs. Payola is now illegal, but the practice almost certainly continues. As recently as 2005, former New York State Attorney General Eliot Spitzer prosecuted payola-related crimes in his jurisdiction.

Recorded music is nothing but marketing material to drive awareness of an artist. Websites that bring that music to listeners are doing artists a favor. In fact, they’re doing them a favor that they should (and will) be paid for. Young artists and songwriters in particular benefit from these services - Until a few years ago they had almost no way to break into the mainstream without getting a label to promote them. Now those walls are being torn down, and Bragg has the audacity to complain about it.

I think the main reason Bragg wrote this article is jealousy over the massive success of someone he once met - Bebo cofounder Michael Birch. The paragraphs quoted above where he takes credit for their business model reveal his angst in that regard. Bragg had absolutely nothing to do with Bebo’s $850 million payday. And everything else he wrote in that article is dead wrong, too.

  • Sphere It

Trackbacks/Pings (Trackback URL)

  1. Act and Artist.de » More singing, less talking!
  2. Vem skall ha betalt när Bebo’s säljs för $850 millioner? - KATTKORGEN
  3. Hungry Lucy » Blog Archive » The “Value” of Music
  4. The Royalty Scam - The Rebuttle by Michael Arrington of TechCrunch « Runaway Dinosaur
  5. links for 2008-03-24 - MusicBizHacks.com
  6. Geek And Poke
  7. Tid Bits - Tech, Life, Entrepreneurship » The music industry nears free distribution, the little man fights while bigger bands play the cards of life
  8. Black Bag Operations Network » Blog Archive » Mike Arrington, Software Pirate
  9. is this binding? » links for 2008-03-25
  10. My Response to Arrington’s Post About “Those Crazy Musicians” : The Drama 2.0 Show
  11. TechCrunch Japanese アーカイブ » 録音された音楽でいつまでも昔どおりの金が取れると思っているミュージシャンは頭がおかしいんじゃないのか?
  12. Create Digital Music » Tech Blogger Michael Arrington Thinks You Musicians Owe the Web Money
  13. Piracy is a Negotiation, not a Fight at IDTorrent Blog
  14. Die, Music Labels. Just Die.
  15. www.teletubis.info » Blog Archive » The Music Industry’s New Extortion Scheme
  16. Free som ny affärsmodell - Modernism och Postmodernism :: b[logg]Spot.se
  17. The Music Industry’s New Extortion Scheme
  18. Music 2.0 « Evolving Trends
  19. The Music Industry’s New Extortion Scheme » Club Coffee Bean » Daily internet news clips
  20. Tech Blogger Michael Arrington Thinks You Musicians Owe the Web Money » MaxvaX
  21. Warner To Charge Music Tax? « romanrojasmedia.com
  22. ArticlesPR » Blog Archive » Michael Arrington Thinks Musicians Shouldnโ€™t Get Paid for Recorded Music?
  23. Moving The Goalposts « SteriX Music and Entertainment News
  24. La nouvelle tentative d’extorsion de la part des labels de l’industrie de la musique
  25. Är gratis gott? « Media Means Nothing
  26. CloudiD | Mike Arrington should shut up and sing, but who would pay him to do that?

Comments

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  1. surgery archive

    what about those artist who can not arrange big concerts?
    musicians should get money from recorder money, but its not going through prohibiting music download or drm. well, someone has to come up with a model for monetizing free music. but how?

  2. Steven Hodson

    Interesting in reading this viewpoint after reading Nick Carr (http://www.roughtype.com/archives/2008/03/meanwhile_back.php) .. was kind of surprised he wasn’t referenced somehow :)

  3. SearcH◆ EngineS WEB

    “The musicians who posted their work on Bebo.com are no different from investors in a start-up enterprise…Now that the business has reaped huge benefits, surely they deserve a dividend.”

    It is easy to understand the frustration of Musicians and easy to empathize with their valid concerns.

    The only problem is, should this policy extend to all creative outlets - such as YouTube, Flickr etc

    These outlets exist to offer alternative ways for the common person to get massive publicity if their work is exceptional - without having to deal with the establishment.

  4. Michael Arrington

    surgery archive - well, the world needs ditch diggers, too.

    if an artist can’t make a living playing concerts live, then he/she may want to think of it more as a hobby than a way to make a living.

  5. Michael Koby

    You had me until this line “Recorded music is nothing but marketing material to drive awareness of an artist.”

    The fact of the matter is that recorded music is much more than marketing material, it is in fact product. Plain and simple. It is product that an musical artist can sell to generate revenue. This is especially true of smaller, lesser known artists who make money off everything they make: from recordings such as compact discs and Mp3s, to t-shirts and stickers, and even concerts.

    If recorded music was nothing more than marketing material why even bother to sell it? I agree when it is a large artist with major label support, this statement would have a little more truth behind it. But to make a blanket statement like really does a dis-service to the smaller, more independent artists out there.

  6. Michael Arrington

    Michael - Sure its a product. But it costs exactly the same to produce one copy of the song (the first one) as 10 million copies. Simple economics takes over. Free.

  7. Andrew Korf

    Great post Michael

    You’ve putting some solid thoughtful stuff lately.

    The music question is a terribly complicated one which it seems like groups like RadioHead and NIN are beginning to solve themselves. I like Billy Bragg but agree he’s off the mark here.

  8. Joe

    Agree with Bragg. Also endorse his position, stated at SXSW gig at Thirsty Nickel, that musicians should organize a cross-industry union that can negotiate residual rights ala the Writers Guild.

  9. Jenny Young

    Lots of acts and artists do not like touring, how do you propose they earn money if they give away their music for free?

  10. Tony Gilmore

    Billy Bragg’s commitment to fairness in both music and society is well known in the UK and your final paragraph in which you accuse him of jealously over Bebo’s success is unworthy of you. He may be wrong or he may not but his input is undoubtedly sincere. He is not, at any rate, claiming that music content is the sole reason for Bebo’s success only a small but important contribution.
    In an age where genetics companies and Big Pharma are busy patenting naturally occurring medications why should songwriters and artists, whose work demands some original creativity, not expect some reward for the use of their material?

  11. B.H.

    it’s very simple:

    if the user comes to hear the artist (but on the way “discovers” the site) then the artist should be paid

    if the user comes to enjoy the site (but on the way “discovers” the artist) then the artist should pay

    there is probably a point in the middle, where no one is getting paid.

    That’s how reputation works. welcome to the real world. Trying to discuss it in such general terms, leaving the reputation out, is a muted conversation. Show me a single starving musician that wouldn’t sell his soul for a top spot in the radio-stations play-lists (even if he doesn’t make a dime)

  12. Nigel Mellish

    “Billy Bragg’s commitment to fairness in both music and society is well known…”

    Billy Bragg’s commitment to being a complete nutjob is similarly well known.

  13. Adam Lindemann

    Michael, alright lets play with your insistence that emotional/values based analysis of the issue has to be replaced with an understanding of the underlying economics.

    What would happen when in the future all movie and television production and distribution becomes digital and the marginal costs issue raises its head at the fundamental level of that industry too. Would the the George Lucas of that era have to give away the great work of his imagination for free in return for perhaps making ALL his money on merchandise and theme park rides? Would he even bother? In that alternate/future reality we have a situation where potentially a future “Starwars” or “Indiana Jones” never got made because the creators could not make a living to support the incubation of these works of art. If I had the choice between paying several bucks to go and gain the enjoyment of watching the next generation equivalent of “Starwars” and knowing that it may never get produced because of a lack of any financial incentive for the creators - I know for one that I would prefer to pay.

  14. alan p

    I don’t really see the functional difference in the supply chain between a traditional music aggregator and a music-toting social network - they are both just middlemen. Oh wait, the Olde Industry actually paid the musician something ;)

    I think the view that “Recorded music is nothing but marketing material to drive awareness of an artist.” explains the rest of the post’s mindset perfectly - ie its a market and caveat sellor.

    However, I think this misses the distinction between art and crap. SocNets can generate the latter as infinitum, but to get stuff to make people hang around requires getting talent onboard, so the SocNet longer term needs the artist more than vice versa.

    We alluded to this in the analysis below, re the risks for a SocNet when its audience stops coming:

    http://broadstuff.com/archives.....Crash.html

    The issue is the disparity in negotiating power - if the musicians could organise themselves they would start to have some chance of extracting revenue from the Bebos, YouTubes etc of this world.

    They need to hand together, as right now they are most certainly being hung to dry apart.

  15. Miiko Mentz

    I found Bragg’s article of interest, but you are right in that he’s insane if he thinks that Bebo should give artists any cut of the $850 million. The music industry has been imploding for some time now and it’s not of any fault of social networks. The music industry started imploding long before MySpace, Bebo or any other SN was ever created. And SNs are excellent platforms for promoting music. It’s my main source for discovering new artists.

    Of course, radio is also a huge marketing driver for recording artists. It’s still the main platform for marketing music to the mainstream masses and that’s not going away anytime soon because there’s still big money in it; which is exactly why payola happens. Despite the fallen Spitzer’s crack down, payola is still happening today (it’s not right, but it’s an ugly reality that continues on and hurts those who take the high road and play fair…but that’s an entirely different issue).

    The Internet is certainly challenging both the labels and radio and I certainly don’t have the answers on how to stop the bleeding of the music industry. But I do believe in supporting the songwriters/artists (and those who are part of that ecosystem, which includes my best friend and other friends). And I do believe that songwriters should be paid for their work, but a royalty model similar to radio on the Internet seems extremely far-fetched and challenging to create and control; but what I do know about the tech industry is that innovation abounds and I’m sure some brilliant person out there right now is working on a solution that will help bridge this painful gap between the two industries. But that’s only going to happen if those in the music industry accept that the old model will NEVER work on the Internet. Change or die!!!

  16. D

    “As a result of my complaints, MySpace changed its terms and conditions to state clearly that all rights to material appearing on the site remain with the originator.”

    Have you seen how much the Beatles got to put their music on iTunes.

    You don’t think the ownership of music question is important?

    That question defines the entire music industry — who owns the music.

  17. azhar

    With the population of the World being 6 Billion and music being universal. Bebo’s 40 million users listening to new artist’s music does not make much difference to the artist if his music is really good, It will only give him more fans who will market his music to other friends and family which gives him free marketing and then the chain reaction starts of recording company signing the artist and making him a star.

    What Bragg forgets to note is, if the artist becomes famous by using Bebo as a platform and when he is worth millions in future, will he give back some of his millions to Bebo. The reason being, when the user upload’s his music, all he wanted was people to appreciate his music and new fans and all Bebo wanted was the artist’s content which can keep their users happy. I think both of them are happy with the deal.

  18. arn

    @Michael: “But it costs exactly the same to produce one copy of the song (the first one) as 10 million copies. Simple economics takes over. Free.”

    I’m not sure what this means… and I don’t think it means what you meant it to mean.

    So, can I copy all the content off TechCrunch and start a competing site with all the exact same content since the cost to reproduce it is free?

  19. alphaxion

    The thing is tho, arriving at that recorded copy does cost money and usually needs to be recouped somehow.

    Record labels will have to begin looking at no longer being the guardians of music through their past control of the distribution model, instead they should be looking into becoming a “value added” enterprise - anyone can record their music now, but the record labels are the ones who can still provide talented producers, have the knowhow and connections to promote an artist.

    Their control over the market as a whole has been smashed and they should learn to accept this, instead of trying to own the music, they should simply become a service to the artists in the future.

    People forget that the music label is still a relatively new concept, and what they are is far from set in stone.

    Maybe the musicians should look to the software industry for inspiration, how about selling the license to use their music in any form rather than as it currently is now, which is selling the rights to use that physical media for the lifetime of the item.

    And don’t get me started on the arrogance that a pirated copy of something is a sure fire missed sale, there is only so much money per person to go round..
    many people obtain pirated copies of something because they don’t mind watching/listening to it on rare occasions, but they don’t think the asking price is right.
    Maybe we should look at a small annual license to cover any items they “pirate” and gives them the right to use that copy up to 5 or 10 times a year, any more and they need to buy a full copy of it.

    A little bit of creative thinking and you can begin to see ways out of the hole they have dug for themselves.

  20. jc

    Musicians make a heck of a lot of money from concerts and merchandise. Loyal fans should purchase both. They can charge for mp3’s on their site and even sell CD’s or i-tunes, but because the threshold to get in the music biz is so easy now that anyone can upload an mp3, it means that you will have to charge less or nothing for that music to be distributed.

    Also, if musicians wanted to pay radio stations for airtime or pay a site like Yahoo or Myspace to feature and advertise their music that would be an interesting situation.

  21. Michael Arrington

    arn - congratulations on being the first meathead to add the “oh, yeah, well how would you feel if i stole techcrunch content” comment. Not only do we syndicate our content for free to a number of other sites (free marketing!), but we also give it away to all of our readers for…free. The correct analogy would be around us trying to charge people to read our content. I don’t want to do that, because i want to get as large an audience as possible and find other ways to make money. Think about it for a minute or two. If you agree, come back and apologize. If you don’t, keep thinking until you do.

    And…when it comes to stealing our content, there are dozens of spam blogs that do exactly that. We don’t try to stop it, because the cost of doing so would far exceed any benefits. It’s inevitable.

  22. Andrew Dubber

    This is actually a much more complex issue than it might at first appear from the point of view of taking a position for or against Billy Bragg’s claim on Bebo’s money.

    Bebo clearly benefits from the inclusion of music on the website. Artists clearly benefit from the inclusion of music on the website. Arguing which of those two parties is getting the better deal overlooks the more interesting and relevant fact that this is actually a symbiotic relationship.

    The nearest clear parallel is around music videos on television. Are the record companies supplying free TV content for the channels — or are the TV channels supplying free advertising for the record companies? The answer is both — and the answer is, in fact entirely irrelevant because both parties make money in different ways. There is an exchange of value - and some money does change hands, though not in any sort of direct way.

    Everybody wins when music is available on social networks. Arrangements that factor in the wider and more complex music environment as a whole, rather than this very simplistic and linear ‘you’ve got money, so we want some’ approach seems a far more nuanced and rational approach.

    The clear nonsense here from Bragg is that he seems to feel that social networks steal from artists in the same way that music fans do — which to me seems based on an entirely flawed presupposition.

    Arrington’s post title is a clue that his tongue is somewhat cheekwards, but to suggest that artists not be allowed to make money from recordings is equally baffling.

  23. Scott

    Michael, please tell us how you really feel ;)

    I totally agree with everything you said. I was surprised to learn the songwriter vs. artist bit in regard to radio.

  24. Frank Church

    @16, if you have ever read posts where MA espouses this same opinion, you’d know that TC doesn’t like it, but they do not whine or litigate. Go check out ajaxgirl dot com (there are countless others) for an example.
    SO, you are w/o a point here.

    #8 and #13 hit the nail on the head. You want to demand revenue? Band together and get a contract. Otherwise, BigCorp will just laugh and sip their scotch.

  25. jeffbart

    If the owners of the musical work ( the ip of the song ) want to charge for it, or not, let them make that decision. I am so amused to see *everyone else* deciding this for them. This includes the industry analysts, tech geeks, freeloaders, RIAA haters etc etc.

    Not everyone is Radiohead. Royalty for composing music is a fair and equitable method of receiving some reward for it. “Recorded music is nothing but marketing material to drive awareness of an artist” does not help composers, and ignores their fundamental income stream. It may help the owners of the recording, and maybe the artist, but not the creator of the ip.

    So, please consider who hurts more - the poor geek who has to pay a few cents to listen to a song, or the composer who has his work grabbed by the mob because the mob found out they can.

  26. danielmatthews

    Bragg isn’t simply some jealous artist, he is a known campaigner of rights and politics in the UK, he isn’t ignorant, and he isn’t stupid.

    I think that artists (large and small) should see some return on their contributed music, and i hope that bebo does figure out some sort of revenue/profit share scheme.

    Billy Bragg FTW.

  27. Britney Spears' butler

    We shake our heads when a musician puts forth a “theory” that because he can play guitar and sing a song written by him in his “artistic angst” he is due a chunk of money.

    Rarely have we heard a graphic artist asking to be paid for his Photoshop images used on these social network sites.

    Rarely have we heard a writer crying for compensation because his words have been quoted too many times.

    Rarely have we heard a software programmer claiming he should be paid for the widgets created by him and used by millions of teenagers.

    Only musicians make frequent attempts to link their “art” with money.

    Sigh.

  28. James

    I love this
    “Simple economics takes over. Free.’
    I love that if you drop the term marginal cost you are suddenly an economist.

    Actually Mike, that’s wrong. The cost of reproduction has NOTHING to do with the sale price of music. What would be more accurate is to call music a commodity which is dropping in price due to increased competition and increased means of access (illegal and otherwise). Otherwise why wouldn’t this be the case with software, which most certainly isnt MARCHING TOWARDS ZERO.

    I personally know artists who do not have concerts and yet are able to make a living from their websites or other sales of their music. To claim this should be made their hobby shows an arrogance I feel is deserving of your typical “disclaimer, my hubris in my own intelligence may create bias in this post.”

  29. Markus

    I’m not familiar with Bebo but there is an important point to know here. Was Bebo providing high quality, full length albums or just a few ‘teaser’ tracks?

    If they were providing a few tracks to sample then they are definitely promoting album sales and recognition for the artist. If they offer high quality full length downloads then they are (possibly) competing with album sales.

    Anyone know what they provide?

  30. Michael Arrington

    James - you’re right, more is necessary than zero marginal costs. But if you click on the link I provided there, you’ll see that all factors are present. In particular, the fact that anyone can create their own supply.

    http://www.techcrunch.com/2007.....ards-free/

    The only thing that can stand in the way is massive civil and criminal enforcement. As we’ve seen with the drug war, even that isn’t enough to stop market forces from doi