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Post by James Steele »

kgdrum wrote:he was locked into one of the worst record contracts ever and managed to go to court recently and set himself up as a Free Agent.
No doubt they held a gun to his head to force him to sign it. :)

Still, I think it will work out okay for Trent. I'm not putting him down as an artist. All I've said is that artists of his and Radiohead's stature, can afford to do this as sort of a "loss leader" because it will make financial sense for them in the big picture. What I have suggested is that this won't necessarily work for smaller independent artists, and I'm concerned that when major artists "give away" their music via downloads, it pressures other small indy artists to follow suit and may (I underscore MAY) make life more difficult for these musicians, because they don't have the high profile of Mr. Reznor and therefore lack the same sort of potential income from other revenue streams.
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Post by JSMITH8763 »

Thank You James!! I can feel the conviction through my screen.

This is the exact same view that I have on the subject. I have also encountered way to many people who can't get that they are thieves!!

I just wanted to post and say thank you. The art of music should be worth so much more............at least some of us still stand for some kind of truth and common sense.
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Post by kgdrum »

James Steele wrote:
kgdrum wrote:he was locked into one of the worst record contracts ever and managed to go to court recently and set himself up as a Free Agent.
No doubt they held a gun to his head to force him to sign it. :)

S
no but out of all of the horror stories, how many artists not only manage to survive but actually empower themselves from the experience?
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Post by James Steele »

Thanks.

Look... I don't mean for this to get ugly. I love you guys (and gals) at the nation, but I feel very, very strongly about this issue is all. I respect anyone's right to disagree. I'm just saying where *I'm* coming from on this.
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Post by James Steele »

kgdrum wrote:
James Steele wrote:
kgdrum wrote:he was locked into one of the worst record contracts ever and managed to go to court recently and set himself up as a Free Agent.
No doubt they held a gun to his head to force him to sign it. :)

S
no but out of all of the horror stories, how many artists not only manage to survive but actually empower themselves from the experience?
Very few. Fortunately, one positive byproduct that Trent walks away with after that bad contract is a very recognizable "brand"... and the value of that is is tremendous in commerce... which is what we're talking about. :)
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Post by kgdrum »

this might be a bad analogy but I see this as being kind of similar to free agency in baseball. the rules changed and after the dust cleared
the ball players have wound up making more $$ .
a friend of mine is the head of A&R at the only major label that turned a profit last year (and a small profit it was,).
All of the labels will watch this very closely because now they have to change the way they do business.
We are witnessing major music business history and the whole model will be different in the next few years. yes some people will make the transition look incredibly easy and some will be left behind.but the rules have changed.
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Post by billf »

You can say whatever you want James, it is your board. But jumping all over me for trying to start a discussion doesn't seem right. I've been here long enough that people know I don't believe in stealing. That said, I will reiterate my main points, and then I will shut up:

1. Technology has changed the rules of the game. None of us here might like that fact, but it is a fact.


2. The RIAA tactics are doing nothing to help me or you. Their tactics are awful and just shy of extortion. I personally know people who have been sued by them who haven't downloaded a thing and purchase their music on CD's still. You can call these people thieves, but you don't know them and you don't know the facts of the situation. How would you feel if you got sued by a large corporate entity for something you didn't do? Would you have the money to fight it? Where is the fairness?

3. We can either figure out a new model or not. Like I said, I don't have the answers, but it seems to me that more fighting and acrimony will solve nothing.
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Post by Matcher »

billf wrote: 3. We can either figure out a new model or not. Like I said, I don't have the answers, but it seems to me that more fighting and acrimony will solve nothing.
The income from lawsuits against private persons and non-profit p2p, torrent, filesharing etc sites is minimal. It would seem that's not the solution needed here.

I talked with a fellow musician a while ago. I consider their group as talented and packed with keys to succes. He said their cds don't sell. The income from the sales is next to none. So, this thread got me thinking, why then even do it at that point, if through Radiohead's PR tactics you can gain more audience, more gigs, more income, and then start selling the cds and limited edition hand signed vinyls with books and videos and artist action figures.

A lot of artist get picked up this way, they have their stuff online 24/7 for free until someone with the money comes along and starts a business. Maybe when everything seems to be coming together for a band to start selling cds etc, they should just continue the promotional work, if that's financially possible, and wait for the time when they have built a fan base solid enough to meet their expectations, or have money to finance their own label and start a business.

Just thinking out loud..
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Post by James Steele »

billf wrote:You can say whatever you want James, it is your board. But jumping all over me for trying to start a discussion doesn't seem right. I've been here long enough that people know I don't believe in stealing. That said, I will reiterate my main points, and then I will shut up:
Well thanks, bill... I will say whatever I want. I didn't jump all over you. I stated my views forcefully and with conviction. If that bothers you, that's not my problem.
1. Technology has changed the rules of the game. None of us here might like that fact, but it is a fact.
I'm not disputing that. File that one under "obvious." It's repeated so often, yet it's supposed to be profound. I understand this. But just because technology has made it easier to steal music on a widespread and somewhat anonymous basis, doesn't mean I have to like it, does it?
2. The RIAA tactics are doing nothing to help me or you.
No more so than people illegally downloading music is.

Their tactics are awful and just shy of extortion.
Going after people who ARE stealing isn't extortion. Charging money for a CD isn't extortion either.

I personally know people who have been sued by them who haven't downloaded a thing and purchase their music on CD's still. You can call these people thieves, but you don't know them and you don't know the facts of the situation.
I wouldn't call THOSE people THIEVES, bill. I'm not talking about them. Where in my remarks did I condone suing innocent people? I'm against prosecuting innocent people as a rule. Every year, innocent people are probably prosecuted and wrongly convicted of rape. Does that mean I feel the government should stop prosecuting rape? No. So if innocent people are being sued, and the RIAA is filing lawsuits against random citizens, then I'm certainly very much against that.

How would you feel if you got sued by a large corporate entity for something you didn't do? Would you have the money to fight it? Where is the fairness?
1) Upset. 2) Probably not. 3) There is none. But that's not what I was arguing.

3. We can either figure out a new model or not. Like I said, I don't have the answers, but it seems to me that more fighting and acrimony will solve nothing.
I don't see the acrimony coming from me, bill. I see it coming from you. You suggest I'm for the wholesale prosecutiion and roundup of innocents. That's preposterous. However, if those who pirate music, movies, computer software are either sued or prosecuted, I'm not that upset. What I have insisted on is that we don't overlook the basic principle, as inconvenient as it may be, that stealing is stealing. At some point, perhaps, theft of intellectual property might become so widespread that we are supposed to just give it up and declare it all "FREE." Or perhaps make it so cheap that it reduces the incentive for theft.

What also troubles me is that while this "new business model" that we speak about in abstract terms is being worked out, the financial impact of widespread theft of intellectual property continues, and until this panacea arrives, stanching the bleeding via lawsuit or criminal prosecution may actually be necessary. Again, I'm NOT FOR PROSECUTING INNOCENT PEOPLE. That's ludicrous to suggest I would be.
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Post by James Steele »

Matcher wrote:A lot of artist get picked up this way, they have their stuff online 24/7 for free until someone with the money comes along and starts a business. Maybe when everything seems to be coming together for a band to start selling cds etc, they should just continue the promotional work, if that's financially possible, and wait for the time when they have built a fan base solid enough to meet their expectations, or have money to finance their own label and start a business.

Just thinking out loud..
Who knows. Maybe so. They key words there I guess are "if that's financially possible." Reminds me of that joke about losing money on every piece I sell, but I'm making it up in "volume."

In essence, you lose money until some day you reach critical mass and you can make money. I'm sure it's do-able for some if you can stay the course and hold together till that day comes if it does. But this sort of in a weird way reminds me of the 90s and the internet startup companies that burned though billions in venture capital and piled up losses while they felt their way through the "new business model" of the internet, because ultimately, some day, they would reach critical mass and start making money. We all know how that worked out.

The problem with music is that there are so many other (mostly ego or emotionally driven) motivators that keep people at the table, betting against the house. Let's face it... if one's object was to have a strong possibility of a good return on one's investment, music would not be a likely business to go into. You'd do far better to be a plummer, as the world is not full of young, eager plumbers willing to lose money, driving around in their vans, fixing toilets for free in order to "gain exposure" or meet girls. (Oh... and when they DO make money they go spend it all at "Wrench Center.") :D
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Post by Spikey Horse »

James Steele wrote:The problem with music is that there are so many other (mostly ego or emotionally driven) motivators that keep people at the table, betting against the house. Let's face it... if one's object was to have a strong possibility of a good return on one's investment, music would not be a likely business to go into. You'd do far better to be a plummer, as the world is not full of young, eager plumbers willing to lose money, driving around in their vans, fixing toilets for free in order to "gain exposure" or meet girls. (Oh... and when they DO make money they go spend it all at "Wrench Center.") :D
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Post by Matcher »

James Steele wrote: The problem with music is that there are so many other (mostly ego or emotionally driven) motivators that keep people at the table, betting against the house. Let's face it... if one's object was to have a strong possibility of a good return on one's investment, music would not be a likely business to go into. You'd do far better to be a plummer, as the world is not full of young, eager plumbers willing to lose money, driving around in their vans, fixing toilets for free in order to "gain exposure" or meet girls. (Oh... and when they DO make money they go spend it all at "Wrench Center.") :D
LOL..

but yeah, I've seen very few vans with the slogan "for the love of plumbing". What makes a man so filled with desire to create art that he or she abandons the most reasonable ways to be succesful? Could it be that through being an artist, you gain something that you might even pay for? Of course, music and music business have so many sides to explore, and they can be seen from a business as well as a cultural point of view. These two are hard to bring together. Some of my favourite artists that I feel have created the most genious, inspirational, elevating, beautiful and powerful music get almost no income from their music, and on the other hand some artists, that I consider "industry puppets" have rivers of money flowing in. To compensate, these talented but financially unsuccesful artists have other projects that bring the money in. Producing, media art, scoring etc. They have to think of the business side of things, to get income. Now that's a cool way to do it. But- if I had the cash and took some Idols singers, an established songwriter and a supafly producer, and created an album and then promoted the crap out of it, that would be less cool and more business wise. It's like any other business, to make money you need money. How that money comes in is up to one's skills.
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Post by bongo_x »

monkey man wrote:
bongo_x wrote:What if you can't play live or tour? I don't know, what if you can't sing? What if you can't write good songs? I don't know of any guarantee of making a living in music.
bb
Hey bongo, I'm not sure this is a fair "comparison".
Many solo artists (including myself) cannot afford the time, energy and money it takes to put a band together and tour just to repeat what's already been done in the studio.
Some may be too disabled to tour, or just plain sick (like me :oops:).

Now, if you can't sing, play or write half decent songs, I see this as a different issue altogether, and one that's practically unfixable. :lol:
I get that, I'm saying no one guarantees you the right to make money in music the same way the last generation did, or at all, fair or not.

The business has changed. I really wish it hadn't, but I'm an engineer, not an artist. I make a lot more money under the old system. I'm not sure the bands do worse now. I've worked with mega-selling bands that became rich, but most every other artist I know didn't make anything while signed to a major label. Everyone else involved did, just not the artist. Most of the smaller artists I know made more money on their own. And you can do that now, mostly because of the internet. It was much harder before.

The business didn't just change because of theft. That's just part of it. It couldn't possibly have been handled more poorly by the record companies. They gave no value for the money, no reason not to download things illegally except "it's not right" without clearly explaining why, made people jump through hoops and treated them like criminals if they wanted to download legally. Now it's too late, there is a whole generation that's never been to a record store.

I grew up taping albums on cassette and sharing them with friends. I bought them when I had the money. If people felt like they could easily buy downloads legally (I'm speaking of a few years ago) and get value for the money they would have. But when a record with a $50k budget costs the same as the Spiderman DVD and there's no way to buy the one good song you want because the record companies, in their wisdom, killed the single to sell more albums, that's not value to most people.

If the record companies had put out under $10 CD's and $5 non DRM album downloads years ago we wouldn't be talking about the death of the record industry. You may think they are worth more, but the consumer disagrees, and it would have worked. They're not having any trouble selling DVD's. They just kept lowering the price and they kept selling more.

Oh, and it definately is stealing, but the RIAA is morally bankrupt and acting illegally as well. Two wrongs don't make a right.

bb
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bongo_x wrote:If the record companies had put out under $10 CD's and $5 non DRM album downloads years ago we wouldn't be talking about the death of the record industry. You may think they are worth more, but the consumer disagrees, and it would have worked. They're not having any trouble selling DVD's. They just kept lowering the price and they kept selling more.
I agree with you 100% on this point. I remember when we were all told that CDs were expensive to manufacture and that at some point, when costs came down, those savings would be passed on to the consumer. Yeah right. No doubt about it that it was greed by those at the top of the food chain that ended up screwing it all up for everybody else. A $10 CD my major artists could very well have rendered the whole thing moot and avoided this mess.
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Post by bongo_x »

James Steele wrote:
bongo_x wrote:If the record companies had put out under $10 CD's and $5 non DRM album downloads years ago we wouldn't be talking about the death of the record industry. You may think they are worth more, but the consumer disagrees, and it would have worked. They're not having any trouble selling DVD's. They just kept lowering the price and they kept selling more.
I agree with you 100% on this point. I remember when we were all told that CDs were expensive to manufacture and that at some point, when costs came down, those savings would be passed on to the consumer. Yeah right. No doubt about it that it was greed by those at the top of the food chain that ended up screwing it all up for everybody else. A $10 CD my major artists could very well have rendered the whole thing moot and avoided this mess.
I was saying that in the 90's, before downloads, you could see it wasn't working then. DVD's are at the price point where most people don't think about it, it's the same price as 2 theatre tickets. People thought a lot about $18 for one song they liked and a bunch of filler. If albums were the price of 2 concert tickets...Oh wait, that would make albums about $200. The entire music industry has killed the goose that laid the golden eggs.

When I was a kid albums were $5-7 and so were concert tickets! Yes, I'm old. You can argue that with inflation the price of albums should be higher. You can argue all day, but the consumer sets the price in the long run, as we have painfully found out. That's how it works in a free market economy. Unless you're in the oil business.

bb
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