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Stephan Jenkins

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SOPA: Who's on Music's Side?

Posted: 03/ 1/2012 2:25 pm

Let's go shoplifting!

The old entertainment conglomerates (who have been ripping off musicians forever) and the new tech establishment (who's just learning) had a fight recently, and free speech won -- sort of.

Musicians stayed out of the clamor, though. It's hard to get excited when said free speech is, in fact, your song, and the companies "respecting" its freedom make a buck off it being free.

But musicians are used to not being respected. We're not really a respectable bunch by nature. It's our job to stand outside institutions so we can feel and say things that those inside can't. For this, we receive worship, but not respect. So there's little reason for us to pick a side.

The real reason musicians stayed out of the SOPA debate is that no one likes a whiner -- that's really it. We've always been on the side of the pirate ('cept the ones Obama shoots in the head).

So what do we say when some well-meaning techie entrepreneur informs us "music wants to be free, bro"? How to respond when told that a song you made possesses the capacity for desire, and said entrepreneur knows what that desire is, and that desire is for you to get took?

Here might be an answer. Musicians should say, "Yes, by gum, music does want to be free. And so do computer products, and fresh peas, and everything at the hardware store. So let's take it!"

No inflammatory writ, no siding with our corporate masters. No sir. Let's just head down to Union Square and free up some Prada.

That's right, what I am mock-advocating here is for musicians to hold others to the new standard: It wants to be free!

This new policy is going to be hard for me. My mother raised me right, and I have yet to steal anything in my life -- save for the occasional AC/DC riff (little did I know I was inhibiting market innovation).

However, my favorite local rock star, Luisa Black, said her New Year's resolution is "do more crime." She's an inspiration.

So what am I actually getting at, besides a fun new rationale for shoplifting?

Nothing really. I'm excited about this! But while I'm at it, SOPA seems dumb, and maybe even destructive. Neither party in the debate was concerned about music. Until music and the musicians that make it get respected, expect us to stay out of the fight.

Meanwhile, I'll see you all at the Apple store. Bring a real big bag.

 
Let's go shoplifting! The old entertainment conglomerates (who have been ripping off musicians forever) and the new tech establishment (who's just learning) had a fight recently, and free speech won ...
Let's go shoplifting! The old entertainment conglomerates (who have been ripping off musicians forever) and the new tech establishment (who's just learning) had a fight recently, and free speech won ...
 
 
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10:12 PM on 03/20/2012
hey steve i found footage and music with me and you going to make a documentery
Imhotep!
02:27 AM on 03/07/2012
JUSTIN*: Great Britain's latest copyright ruling appears to be good news for members of the music and film industry. Ireland and France have similar regulations in place and GB now joins them with the High Court's support of the Digital Economy Act. Folks may be interested in checking out Huffington Post's web article in today's technology section. Moreover, there's an interesting article about Disney's latest approach to sharing movies and shows on its YouTube channel. Both events could be further signs of an interesting shift that may be taking place in respect to the digital/mobile marketplace and content-owners regaining some economic control ~ I've been tempted to dub it the Artist Spring. We'll see.
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Vintage59
Reading is still the warp drive of IT
12:43 PM on 03/06/2012
I've know a lot of professional over the past several decades. I'm still waiting to meet one who has any warm feelings at all for their record company. SOPA wasn't going to protect musicians. It was all about protecting corporate profits.

Before 1800 artists needed wealthy Patrons to survive without a day job. The Industrial Revolution changed that. They traded being treated like day old bread by Patrons for the same treatment by publishers, movie producers, and record label execs.

The financial picture for up and coming young bands has been terrible for the past decade. That has driven young musicians to create new models for getting their music in the hands of their fans and making money off of it. There are a lot fewer Rolls Royces but also fewer filters in suits between the artists and ourselves. Make sure to support that with your entertainment dollars. You have to seek them out but that journey itself is a great reward.
06:15 AM on 03/05/2012
The problem is that artists and musicians do not have expensive lobbyists in Washington. The Art Associations do, but those who create are left in the cold.
03:08 PM on 03/03/2012
See you at the barricade!
12:55 PM on 03/03/2012
Everyone here is actually missing what the outcry was over SOPA. Nobody was mad that it would mike piracy harder. In fact, we all agreed that piracy is bad and had no issue with a law against. It was an outrage because it essentially threw out the constitution. It pretty much limited freedom of speech. It removed all due process. It would have been a law that tamed the internet. And while that happened, piracy would have remained rampant anyways.
12:56 PM on 03/05/2012
OK, to be fair, probably SOME people were mad it would make piracy harder, but overall, I agree with your point. My issue with SOPA is that the legislators involved ridculed the idea that they needed to understand the technology involved to understand what far-reaching effects this might have. Anybody who has tinkered with technology knows that's a bad idea: http://technologydimensions.blogspot.com/2012/01/intentions-versus-capabilities.html. If somebody wants to propose a better solution to achieve the same ends, I'll be willing to listen.
04:50 AM on 03/03/2012
Recently I decided, as a private citizen, to launch a personal research project called JUSTIN*. Its objective is to heighten public awareness surrounding piracy's negative impact on our economy and to offer practical suggestions to legislators while weighing at once the interests of various stakeholders including consumers, artists and content-owners, producers, distributors, advertisers, studios, and technology companies. I hope to post updates in the coming weeks.
02:27 AM on 03/03/2012
Piracy's a crime; it costs our economy billions. Talented artists across mediums & pay scales work daily to produce appealing content w/the hope of turning a profit. As Mr. Jenkins reasons, since it's a crime to steal merchandise from stores, why is it any different to consume music and other media (goods) w/o rightful payment or permission from the owners? Granted, ours is an evolving digital/mobile marketplace which offers fresh, intriguing ways for content owners to enhance product promotion and access. Regardless of this, though, there's one rule in business that will never change: Stealing is illegal. Again, if a content-owner makes his product available to me at no charge, that's another matter. If, however, I take it upon myself to copy, pin, stream, download, 'share' his content w/o his consent & w/o due compensation (as I try to tell myself that my action is 'no big deal' & that he should appreciate my free PR), then frankly, that content would never have had a price tag to begin with. In other words, all of Third Eye Blind's cds would be free; the photographer that was hired by National Geographic to take that amazing shot that someone is now re-pinning would have worked at no charge; & Disney would have cranked out that flick for the fun of it. I'd argue they'd say their content IS a big deal, & I believe their voices are getting louder. I don't blame them.
12:59 PM on 03/05/2012
That's fine, and I agree with the sentiment. But defining piracy as bad doesn't mean that any remedy, no matter how damaging, is necessarily better. SOPA was poorly thought out. Come back with a better proposal, and I'll be willing to listen.
02:00 AM on 03/07/2012
Great! I completely agree and deeply appreciate your comment, thank you.
03:42 PM on 03/02/2012
Just because Third Eye Blind had success does not mean all artists are successful. Artists not as popular yet as Third Eye Blind have a hard time getting off the ground when their music is stolen. When Third Eye Blind was most popular, CDs were still the dominant form by which music was distributed. You needed to steal a CD from a store to steal music. Now, you download a file from a server in another country. We need to get to the bottom of online piracy to save small artists.
11:23 AM on 03/02/2012
I hope that another reason musicians are siding with the freedom of sharing is they see the potential of the internet to rescue them from relying on big business record labels to get their music out there.

Overall, I think the career of musician is admirable, until you start making crazy money. At that point, your just another marketing tool.
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gypsy508
12:54 PM on 03/03/2012
Unfortunately the Internet's potential has proved the opposite. Those big business record labels are now a much larger share of the market than they were 10 years ago. The smaller independent labels have ceased to exist because they could not survive piracy.
03:46 PM on 03/03/2012
Maybe the market share has gone in the direction of big business, but by my assessment, there are more musicians who are able to share their music with a wider audience than ever before. The volume of money is not always a good barometer of success. For example, I know a local record label that has a handful of artists, and they all make a living off their music. They're not rich, but they support their families and love what they do.
12:53 AM on 03/02/2012
Really I am also in that pain now, No one cares what we do for music,the only thing we need is to reach the people to listen but that is not happening these and this SOPA and it disturbs for freedom of sharing and getting happiness with that.
05:56 PM on 03/01/2012
The question isn't who's on music's side. The question is WHO'S FOR FREEDOM? Who's for the FREE market!? Government doesn't build ticket booths for movie theaters to exclude non-payers, which adds value. So why should the Government step in and erect "ticket booths" for industries that utilize the Internet? It's ridiculous. Let the free market exclude non buyers to preserve value. If nature makes it hard to conceal ideas, or products that aren't naturally scarce, DON'T LET THE GOVERNMENT MAKE THEM SCARCE. Our Government doesn't get it. Senator Orrin Hatch wants the Government to literally start blowing up computers without due process. http://www.dethronehatch.com/orrin-hatch-is-no-friend-of-the-internet/
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gypsy508
12:56 PM on 03/03/2012
Freedom requires responsibility. You aren't free to take anything you want. If that is your idea of freedom and your new society, don't expect it to last very long.
03:41 PM on 03/01/2012
You're right - nobody likes a whiner. Seeing that musicians never really made money off actual album sales anyway, you don't get to complain when you are charging $150 for nosebleed seats for concerts at Madison Square Garden. Boohoo, poor you.
03:52 PM on 03/01/2012
3eb tickets are always under $50, and 3eb fans know it. Congratulations on entirely missing the point little Mr. Boohoo.
06:13 PM on 03/01/2012
Perhaps so, SS, but Jenkins is being somewhat disingenuous here (as well as sarcastic). I'd be hard pressed to believe Third Eye Blind ever made a nickel from album sales on a major label, after advances and recoupment of expenses by the label. As such, should it really matter to him how their music is acquired, as long as fans do honor them by buying merch and show tickets? The reason SOPA wasn't about music is because that cat was let out of the bag years ago. SOPA was about movies, plain and simple.

BTW, selling CD's at the show wouldn't be the worst idea ever. Especially if the band made them on their own, without a label. Then, they keep it all.
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Amadahy
loves peanut M&Ms and Whippoorwills
11:22 AM on 03/05/2012
"Seeing that musicians never really made money off actual album sales anyway." Umm, yes they did/do. I'm not sure why you think that. There are quite a few electronic musicians who rely on sales of their albums for income.
05:02 PM on 03/05/2012
The artist makes about $1.60 per album and have to pay back the record company for video production and misc promotion and hope to break even. So like I said the artists are making the majority of their money from concerts.

new album with a list price of $15.99:

$0.17 Musicians’ unions

$0.80 Packaging/manufacturing

$0.82 Publishing royalties

$0.80 Retail profit

$0.90 Distribution

$1.60 Artists’ royalties

$1.70 Label profit

$2.40 Marketing/promotion

$2.91 Label overhead

$3.89 Retail overhead