"fWithers’ influence, Cedermark says, extends beyond sonics or composition. “He was working in a manufacturing plant,” Cedermark says of Withers, “and he was like, ‘No man, I’m not going to quit my job. That’d be crazy. The music business is crazy.’ But I think that indie rock in particular should leave open a space for people who don’t tour."

Former Titus Andronicus Guitarist Andrew Cedermark Talks ‘Barrel-Aged’ Album ‘Lean on Me’ | SPIN | The Making Of | In The Studio (via desnoise)

Something that we’ve been saying for a while: touring isn’t something that works for every artist.

Today in “How Not To Write About The Music Business”

Salon recently ran a music industry thinkpiece which described Ani Difranco’s Righteous Babe Records as “a miniature version of a major label”.

This is sort of like calling your neighborhood’s local organic family-owned café “a miniature version of McDonalds.”  

On some level it might be true (both restaurants will give you money in exchange for food), but it sort of misses the entire point.

guardianmusic:

VINYL SALES HIT 15 YEAR HIGH
Industry bible Music Week is quoting an IFPI report which says that sales of vinyl records hit $177 million in 2012, their highest level since 1997. (This may be as much because the cost of vinyl records seems to have rocketed to the point where an album can easily cost £25, as it is because more units are being sold.) CS 

guardianmusic:

VINYL SALES HIT 15 YEAR HIGH

Industry bible Music Week is quoting an IFPI report which says that sales of vinyl records hit $177 million in 2012, their highest level since 1997. (This may be as much because the cost of vinyl records seems to have rocketed to the point where an album can easily cost £25, as it is because more units are being sold.) CS 

johndarnielle:

So, people ask me this sometimes, and I appreciate that they want me and Peter and Jon to get maximum paid for the records we make. And it is true that we’ll get the biggest cut from sales at shows, because those copies are copies we buy directly from the label. However, I am every bit just as happy and in fact in some ways happier to take a slightly reduced cut if you’re buying from your local record store, which is almost doubtless scrambling to survive every day, or from a cool mailorder, or directly from the label if the label does mailorder.
I make a little bit of a big deal about this because more people than me need to get paid for the stuff I do to happen. There’s been a lot of talk in recent years about labels and publishers as if they were hurdles to be cleared, obstacles to be circumnavigated. I can’t speak for anybody else’s experiences, though stories of label skullduggery abound, and shame on such labels. But my personal experience in independent music is that the people releasing Mountain Goats records aren’t “The Label.” They’re my friends, and they’re also almost all musicians themselves. They are people who share exactly equivalent praise or blame for the music I make, because you wouldn’t have heard it without them, by which I mean without their support and nurturing and faith I would never have made the music in the first place. So while I’m, again, grateful that people think of my well-being, it’s my opinion that the people who make the music available - especially independent labels, especially independent stores - deserve your patronage, and it’s 100% ok if I have to sell a few more records at retail to make as much as I’d make selling them at shows. I don’t do what I do in a vacuum. Without the labels that put out my stuff and the stores that stocked it and the people working in the stores who told people browsing to maybe check out the Mountain Goats, I would almost doubtless not even own a guitar right now. I’d be a nurse somewhere in California, and I’d write poetry in my downtime. Which would also be a good life, because every day above ground is a good day, unless you’re getting shot at, it sucks to get shot at, but you see my point

johndarnielle:

So, people ask me this sometimes, and I appreciate that they want me and Peter and Jon to get maximum paid for the records we make. And it is true that we’ll get the biggest cut from sales at shows, because those copies are copies we buy directly from the label. However, I am every bit just as happy and in fact in some ways happier to take a slightly reduced cut if you’re buying from your local record store, which is almost doubtless scrambling to survive every day, or from a cool mailorder, or directly from the label if the label does mailorder.

I make a little bit of a big deal about this because more people than me need to get paid for the stuff I do to happen. There’s been a lot of talk in recent years about labels and publishers as if they were hurdles to be cleared, obstacles to be circumnavigated. I can’t speak for anybody else’s experiences, though stories of label skullduggery abound, and shame on such labels. But my personal experience in independent music is that the people releasing Mountain Goats records aren’t “The Label.” They’re my friends, and they’re also almost all musicians themselves. They are people who share exactly equivalent praise or blame for the music I make, because you wouldn’t have heard it without them, by which I mean without their support and nurturing and faith I would never have made the music in the first place. So while I’m, again, grateful that people think of my well-being, it’s my opinion that the people who make the music available - especially independent labels, especially independent stores - deserve your patronage, and it’s 100% ok if I have to sell a few more records at retail to make as much as I’d make selling them at shows. I don’t do what I do in a vacuum. Without the labels that put out my stuff and the stores that stocked it and the people working in the stores who told people browsing to maybe check out the Mountain Goats, I would almost doubtless not even own a guitar right now. I’d be a nurse somewhere in California, and I’d write poetry in my downtime. Which would also be a good life, because every day above ground is a good day, unless you’re getting shot at, it sucks to get shot at, but you see my point

Judge Rules Against “Used” MP3 Service ReDigi

Last year, in a sprawling post about digital music and the “first sale doctrine” — which allows consumers to re-sell lawfully aquired goods — we mentioned a “used MP3” service called ReDigi. At the time, ReDigi was just starting to feel some legal heat from Capitol Records for alleged copyright infringement.

Well, this week, a New York City federal court passed (partial) summary judgement against ReDigi [PDF], ruling that the service is liable for infringement. In doing so, the court strongly rejected ReDigi’s claims that their activities are covered under “fair use,” as well as the aforementioned first sale doctrine.

What does this matter to musicians? Well, first off, musicians are also music consumers. Second, creator compensation looks different in a used marketplace (typically nonexistent). ReDigi did supposedly hold a percentage of revenue from “used” sales in “escrow,” but it’s a bit fuzzy how this money would get to artists.

In this post, we’ll look at some of the legal factors involved in the court decision. You can tell us what you think in the comments.

Before we delve deeper, it’s probably helpful to describe ReDigi’s business model. Launched in 2011, the service claimed to be “the world’s first, real legal alternative to expensive online music retailers and to illegal file sharing.” ReDigi created a system that allows users to re-sell music purchased from iTunes to other users via their platform. Employing a technology called “Marketplace,” ReDigi was supposedly able to verify that a user’s music was purchased legitimately and also delete the file from their computer upon upload to their “cloud.”

In its argument, ReDigi characterized this transaction as “migration,” similar to taking one physical item from over here and moving it over there. Judge Richard J. Sullivan wasn’t buying that, finding ReDigi to have infringed on copyright owners’ exclusive rights to reproduction and distribution.

Judge Sullivan determined that ReDigi transactions create a new copy (for sale), and are therefore unlawful. This finding is based on Section 101 of the Copyright Act, which describes “copies” as “material objects.” The fact that ReDigi nukes the original file makes no difference, because a copy was made without permission of the rightsholder.

Going further, according to the ruling, the act of re-selling that copy to new users infringes on the copyright owner’s right to distribute.

ReDigi’s defense claimed that its service was shielded by “fair use,” which allows exceptions based on:

  • the purpose and character of the use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.

Judges weigh these factors in making a decision about whether a use is “fair.” Here, the court rejected at least three out of four: the new use is an identical copy (not “transformative”); it’s created for sale; and it affects the market for identical copies of the music sold at full price.

ReDigi also pressed the case that their service is protected by the first sale doctrine, which we described at the top of this post. A recent hot-topic all the way up to the Supreme Court, first sale allows those who lawfully purchase a good to re-sell that good. ReDigi claimed that this is simply what their platform lets users do.

This is where reproduction once again comes into play. The judge was unambiguous here, saying that “ReDigi, by virtue of its design, is incapable of compliance with the law.” Basically, because the service creates an unauthorized “material” reproduction, no other factors need apply.

But what about other technologies that create “copies,” cuz that’s just what they do? Some good points are made over at the Copyright and Technology blog:

It’s hard to see how this gibes with the many “new copies” of digital files made during normal content distribution processes, including streaming as well as downloads.  In other words, if ReDigi is infringing, then so are countless other technologies.  Some such copies are considered “incidental” (not requiring permission from the copyright holder); the judge didn’t explain why copies made by the ReDigi system don’t qualify as incidental.

ReDigi is apparently planning to appeal in the case, and we’re guessing that they may pick up this line of argument. Still, Judge Sullivan’s opinion doesn’t leave a lot of defensive wiggle room.

Post authored by Communications Intern Olivia Brown and Communications Associate Kevin Erickson

Last week, we were dismayed to learn that friend of FMC, singer-songwriter-multi-instrumentalist Franz Nicolay was robbed of his computer, tour cash, and passport while on tour in Paris. Franz has long been generous in sharing his insights on the life of a working musician with Futureblog readers. We encourage residents of Europe to go out and support Franz on his remaining tour dates, and everyone else to consider supporting him with a purchase through his Bandcamp page.

This unfortunate episode underscores a point we’ve been making for some time:  as journalist Maura Johnston has memorably quipped, “being on the road doesn’t involve plucking bills from Cash Trees lining the highway.” In reality, touring is relentless hard work, and even for streamlined, no-frills acts, it’s not cheap. Even if they plan frugally, many artists ultimately wind up in the red. And it can be risky: thefts like the one Franz experienced are frustratingly common.

Casual observers frequently opine:  ”If musicans aren’t making money from recordings, can’t they just tour?” “Touring is where all the money is going to come from soon.” “Tour until the wheels fall off and you’ll be fine.” Our Artist Revenue Streams research has soundly debunked these misconceptions regarding the economics of touring, but they still permeate the discussion about sources of income for artists in the digital era. 

Living on the road carries with it many expenses that people may not even think about until they actually have to pay them. Costs obviously vary based on what kind of touring act you are, but the list is potentially extensive. A car, a van or a bus, plus fuel and toll money. Food, multiple times daily. Accommodations, if you don’t want to sleep in your mode of transportation. Plane tickets and baggage fees if you need to fly. If you’re a solo artist touring with a backing band, you have to compensate the band. Depending on what you can handle on your own, a sound tech, a lighting tech, a road crew, a merch person, a tour manager, a personal manager, a booking agent or other personnel. Equipment and instrument rentals. Repairs. Upfront venue rental fees. Merch production. Venue hospitality. Hall fees, which can come out of your merch sales. Day-to-day necessities like toiletries, medicine and clothing. Other incidentals that you couldn’t possibly predict until you actually need them. Those expenses add up quickly, especially in an age where label-provided tour support is in steep decline.

And that’s without taking into account the potential for catastrophic losses, like theft, medical problems, cancellations due to weather, etc.

Of course, musicians like Franz who love nothing more than forging connections with audiences will continue to press on, despite these challenges. Our hope is that as fans become more educated about the less romantic realities of life on the road, they’ll join us in working to support touring artists any way they can.

"

I’m on this new trip of saying, “I’m an artist dammit.” I think that what I do is important enough that I should get paid for it. I’m not talking about getting paid a hell of a lot. I don’t need a house in Malibu or wherever people get houses, but I don’t feel bad making a little money off of what I love. I want everybody to be able to do that.

It seems really American to not respect the arts. I’ve been to Europe and they really respected artists and writers. It was important to them what food tasted like and what buildings looked like. They had squats with really good sound systems. It was so different than the United States. People there cared about food and art and literature. It wasn’t a sidebar or a luxury for a certain class of people. It was recognized as an integral part of survival. Here, it’s like you’re supposed to feel guilty if you’re an artist or a writer. You’re supposed to not want to make any money off of it and feel really bad if you do.

Art is a job. It’s just not a sucky job. It’s important and it’s valuable to the community. You should get paid for what you do.

"

Kathleen Hanna to Punk Planet, September/October 1998 (via lizpelly)

Musician advice columnist Fan Landers (aka critic/musician/awesome person Jessica Hopper) talks to our own Alex Maiolo about what kind of coverage working musicians need and how to find an affordable policy.

Labeling the Labels

[Post authored by Olivia Brown, Communications Associate]

Over the years, the major labels have their fair share of critics; FMC has certainly been among them. You’ve probably heard the stories: artists arguing with their labels over issues of creative control, withheld royalty payments, shady accounting practices, payola, anticompetitive activity and other shenanigans that rankle musicians and fans alike. These problems are well documented and still occur. This has resulted in a well-perpetuated meme that circles: that labels can do no right. And unfortunately, this narrative has become so fashionable that it’s frequently advanced at the expense of factual accuracy.

Take, for instance, the recent story about YouTube’s massive cuts to the view counts on both Sony Music Entertainment and Universal Music Group’s channels. The majority of the press coverage following  SocialBlade ’s initial report on the 2 billion view count cut jumped to the conclusion that Sony and Universal had artificially inflated their numbers… because that’s what a good-for-nothing company would do, right?

Well, according to  Billboard , that’s not what actually happened. The vast majority (about 1.9985 billion) of the views that disappeared from the major label channels were from “dead videos”…clips that used to be on the labels’ channels, but were later removed. Recall that, in 2009, Universal, Sony and EMI decided to move all of their music videos to VEVO instead of hosting them on their own channels. Basically, all of those deleted views were merely the ghosts of videos past. Yet despite some valiant debunking, top search results are still saturated with articles claiming that the views were faked.

This isn’t the only recent example of the press running with a story critical of labels without providing full context. Wired recently ran an article focusing on the copyright notice printed on the back of Mumford and Sons’ 2012 CD, Babel. The notice was a standard one: “The copyright in this sound recording and artwork is owned by Mumford & Sons. Warning: all rights reserved. Unauthorized copying, reproduction, hiring, lending, public performance and broadcasting prohibited.” Wired decided to focus on the inclusion of the word “lending,” interpreting the copyright notice as an implication that Mumford’s label Glassnote believes they can prohibit fans from loaning CDs to their friends or families.

Of course, as SPIN pointed out, this language is standard boilerplate from the last 20 years of major label releases, now picked up by a large indie. It doesn’t mean that you can’t lend your Mumford CD to your kid sister. It simply means that you couldn’t, for example, buy up a bunch of records, set up a stand, and lend them to the public in a manner analogous to a video store.

The popular humor website Cracked contributed more egregiously to the misinformation barrage this month with their million-view article “5 Things Record Labels Don’t Want You to Know They Do.” The article claims to “expose” several unsavory practices by labels. The problem with articles like these is that the term “labels” is nebulous and inclusive of a wide variety of companies whose business practices are far from uniform.   

Cracked claims labels “demand payment virtually any time music is played in public.” and name-checks ASCAP, BMI and SESAC as organizations “which make sure record labels and artists collect the royalties they’re owed” for commercial use of their music. But these are performance rights organizations, not record labels. They collect royalties for publishers, and that’s about it. The “public performance” royalties on which Cracked focuses are only given to publishers and songwriters… not labels.

Next, Cracked claims labels “reduce sound quality so you perceive a song as louder.” The reference is to aggressive dynamic range limiting, a controversial trend in audio mastering. But this can’t be blamed solely on the labels. Look at one of the cases mentioned in the article itself — Metallica’s Death Magnetic. It wasn’t the label that was incredibly defensive when fans complained about the audio quality of the record…it was Lars Ulrich himself. Ask any mastering engineer, and they’ll tell you that many artists want their music to have that immediate, attention grabbing effect just as much as their labels want a radio hit. The big labels may have started the “loudness wars,” but they aren’t its only footsoldiers.

Cracked goes on to indict labels for “paying for airplay” and “inflating prices then screwing the artists.” These are all scorn-worthy practices, but certainly not representative of the full diversity of record labels. Articles that speak of “labels” as monolithically united in anti-artist and anti-fan practices unfairly malign the many ethical indie labels that strive to do right by artists and fans. These labels don’t typically get significant commercial airplay, paid or otherwise. Many indie labels actively combated the inflation of CD prices in the early 2000s by choosing to keep promational overhead low and selling CDs at a low flat rate and continue that practice today.

On the other hand, it is Cracked.

Nobody is asking anybody to kiss the ground at labels’ feet. When they cross lines or do wrong by artists, they should be called out. But jumping to conclusions about all labels based on the misdeeds of majors isn’t productive, nor does it excuse a lack of not-too-difficult research. When misinformation propogates online, consumers don’t understand how their choices impact artists and the rest of the creative ecosystem. And that inhibits our ability to create a healthier and more sustainable music industry for everyone.

The Sky is not falling.

Reading the tech blogs today, you might have heard some breathless accounts of the new voluntary Copyright Alert System which launches today.

Contrary to what you might have heard, no one will be getting their internet cut off, nor will the ISPs be turning over downloaders’ personal data to the RIAA or copyright holders.

Our quick take is here.