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Celia Hirschman from KCRW's On the Beat

In the most recent On the Beat, Celia Hirschman advocates for the Musician's Union to take a more active stand for musicians' rights online. In a world where only 42% of internet users say they pay for music, she argues, the Union has a responsibility to advocate for musicians' "right to be paid for their efforts anytime their music is played". She notes the failure of legislative attempts to extract revenue for musicians from peer-to-peer file sharing, mp3 blogs, and CD burning and lays the blame at the feet of the Union as the primary organization that represents musicians.

I agree with half of this argument. The Musician's Union has been embarrassingly lax in fighting the real battles that matter for artists in the modern music distribution landscape. What has the Musician's Union done to stop the labels from cheating artists out of revenue from iTunes downloads? How about to stop them wasting their shrinking budgets on glamorous perks and inflated short-run corporate profits rather than developing new artists with the possibility of long and successful careers? Or what about to force them to hire people who can figure out new business models that fit the new technology?

None of these battles receive the slightest mention in Hirscman's critique of the Union. She ignores the losses artists have suffered by being forced into vastly inequitable relationships with labels and instead highlights the ways in which the industry has failed to fully extract revenue from new forms of music consumption and fandom.

This wrong-headed focus on enforcement over transformation is symptomatic of the problems plaguing the record industry as a whole. Hirschman's catalogue of Union failings closely resembles a punchlist of RIAA complaints and talking points. Focusing on missed revenue from new forms of fandom while the music industry's entire distribution and profit model sinks into irrelevance is like getting upset over a spilled glass of champagne on the deck of the Titanic.

This mistake derives directly from the principle that Hirschman articulates in the piece: that artists "have the right to be paid for their efforts anytime their music is played." This same idea was proposed recently by Peter Kirn at Create Digital Music:

Recorded music has value to consumers. And, in business, if something has value somewhere, it's a business.

This is a core principle of the industry's thinking right now and it is obviously, palpably false. In middle school, when a friend played me Sebadoh off of a walkman that he'd smuggled to school, transforming me in a single moment into a lifelong fan of indie rock, was that "theft"? Should Sebadoh have gotten paid? When I worked at a local patisserie I used to play my favorite CDs throughout my shifts and would often write the band names and album titles down for intrigued customers. Should the shop have had to track and regulate everything we played so they could pay royalties to the artists?

This last is something of a trick question since enforcement of this kind of public performance royalty is something for which Hirschman specifically lauds rights-enforcers like ASCAP:

If you walk into a restaurant, nightclub or boutique and hear music playing, chances are very good a performance-rights organization have demanded compensation. These rights societies literally go door-to-door to insure their members get paid for music

Hirschman could not have this issue more wrong. ASCAP contacted the patisserie while I worked there saying they'd observed us playing music controlled by their members and we had to either cut it out, sign up for a very expensive pay service they were offering, or face a lawsuit. The business owners felt like they'd been shaken down by the mafia. Their response was to stop playing ASCAP music altogether and instead to put together a library of local music which we had explicit permission from the artists to play without royalties. Maintaining this library was a lot of work and we rapidly fell back into the old system of playing whatever we wanted, including ASCAP music, without permission, but now in an environment of greater fear and resentment. I would bet that a similar story holds for most places you actually visit beyond corporate chains: if you walk in and hear good music playing it is either local or in explicit defiance of an ASCAP threat.

And this story is a parable of what's wrong with focusing on enforcement. Enforcement alienates consumers and tastemakers. It tarnishes the reputations of artists and the organizations that should represent them. It forces natural music consumption and sharing patterns underground. Possibly worst, enforcement distracts artists and the industry itself from solving the huge existential issues that they face.

There is one piece of information from Hirschman's piece, however, that does hold out hope for the music industry if they do ever overcome these distractions and decide to face the real challenge of transformation: 42% of internet users pay for music. That's an enormous number. How many internet users pay for news? Or search? Or social networks? I don't hear anyone in these businesses complaining that their industry is in decline. That's an enormous number and it reflects the incredible amount of passion that exists for music online. If the industry can't find a way to transform that passion into a functional profitable business, it won't be because because the users outfoxed their enforcements efforts. They'll have only themselves to blame.

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Recently, my college music professor, David Schiff, came to me to get my perspective on the subject of a class he's putting together for this coming semester covering music from 1968 to the present. After thinking about the topic for a little while I had an amazing realization: the kids taking the class were all under 12 in 1998 when Napster hit. All of the events of the Online Music Wars we take for granted as universal knowledge and the latest news are, to some extent, ancient history for them. So, amongst other pieces of advice, I wrote him a a high level overview of the technological and cultural changes undegone by the music industry over the last ten years. Following an old piece of advice from Steve Yegge, I'm posting the main body of what I wrote here in the hopes that it may be helpful to others.

The two biggest changes in music in the last ten years are the rise of digital distribution and the rise of digital production. In 1998 most records with any cultural impact (pop, jazz, classical, experimental, whatever) were recorded in professional recording studios and distributed on CD by record labels. Now, most music is recorded at home on computers at equal or better than 1998 studio quality and distributed through some form of the internet. Here are the stories:

Digital Distribution

In 1998, Napster, the first peer-to-peer file trading system to really take hold was just becoming popular on the college campuses. Using Napster entailed making a certain portion of your digital music library available for anyone to download and, in exchange, receiving free access to download everything anyone else had made available. The result was that all of a sudden an enormous library of music of all kinds — orders of magnitude larger than what you'd find in any real world record store — was made available for free with no effort to every college student. The major labels, and some bands (most notably Metallica), freaked out and sued the company out of existence (it has since turned out that the labels gave some consideration to making a licensing deal with Napster, which had planned all along to monetize their service, but they decided against it — a move that turned out to be a monumental mistake, as we'll soon see). Unlike the peer-to-peer technologies that succeeded it, Napster was centralized: each user's computer talked to one of Napster's servers to find out what was available. Napster's destruction made that technological model impossible and forced the users, who'd gotten a taste for free access to an infinite library of music, onto services with distributed architectures (Gnutella, Grokster, and, eventually, BitTorrent) which pretty much permanently eliminated the chance for a centrally-managed mandatorily-licensed service that would generally allow them to maintain their existing business model.

Enter Apple. In 2001, Apple introduced the iPod and iTunes. The original slogan for iTunes was "Rip. Mix. Burn." The idea was that the combination of iTunes and the iPod allowed you to transfer all of the digital music on CDs you'd purchased (mostly from the major labels, of course) and transfer them to be listened to on your computer, on burned copies for your friends, and, most importantly, on your iPod which you could take with you anywhere. One of the big effects of the iPod and iTunes (and, to a certain extent Napster, before them) was to accentuate the importance of the single over the album. In the world of digital music, the unit of currency is the individual file which corresponds to a song. And one of the most marketed ways to listen to an iPod was through its shuffle mode (allowing you a randomly programmed radio consisting only of your own favorite tracks).

In 2003, Apple released the iTunes Music store. You could now buy individual songs and full albums of major label music directly inside of iTunes, which more and more people were using to manage their music collections (mostly driven by the amazing strength of iPod sales). The catalog available on iTunes came from the major labels who, at first, didn't consider iTunes to be a serious business (Apple didn't consider it one either — the service was designed as a loss-leader for selling iPods). Apple sold all songs for the same price ($0.99) and included "Digital Rights Management" with each file — software designed to limit the user's ability to make an unlimited number of copies of the file and to use them on unapproved devices, such as iPod competitors. Much to Apple and the labels' surprise, the iTunes Music Store has turned out to be a runaway hit with 3 billion songs sold so far; Apple is the third biggest music retailer in America after Wal-Mart and Best Buy. As a result, the labels have become terrified of Apple's power and have started trying to create competitors so that they might get a better deal in the process (for example, they'd like to have variable pricing which would allow them to charge more for current popular singles and less for undesirable catalog and genre material, something Apple refuses) — thus the launch of the new Amazon MP3 store and a series of others. It's worth noting here that very little of the money paid for digital downloads makes it to the artists. The labels get about 70 percent of the purchase price and artists less than a penny (and that's a best case for major artists with the clout to audit their labels to ensure they're paid at all).

(One other major change to iTunes in the last few years has come from Portland business CD Baby. They are an enormously large online distributor for self-released CDs (they are the second biggest online retailer of CDs after Amazon). They managed to make a deal with Apple to license their entire catalog for inclusion in the iTunes store. So, now, an independent artist who wants to make their music available through iTunes can do so by submitting it to CD Baby. Other services, like Amazon's new MP3 store, have licensed the catalog as well.)

In the meantime, a series of increasingly popular social networks arose starting with Friendster and culminating with MySpace. These started out as basically dating sites but gradually became teen and twenty-something hangouts. MySpace, based in LA, was especially successful in luring small local and independent bands. Despite the site's terrible technical flaws (and the fact that it is now owned by Rupert Murdoch's News Corp.) it made it relatively easy for the technically un-savvy to get their music online in a form where other people could easily listen to it, engage them in conversation, and find out when their live shows were taking place. MySpace now hosts more than 3 million artists and has started a record label that draws from that pool. It is the coin of the realm of local music scenes around the country — club booking agents, local music press, other bands, all expect artists to have a MySpace page where their music can be heard. In the last few years, major label acts have started creating MySpace pages as well, which is a little like watching your parents sing along to Hip-Hop.

In the last few years, a new phenomenon has arisen: music blogs, as we discussed. They've managed to replace the print music press as the taste-makers and trend-setters for the most influential demographic: college students and music enthusiasts. The most recent news here is that the industry has begun figuring out how to market to these online music writers by leaking advanced songs off of upcoming records and otherwise flattering them with free stuff and attention. In fact, they've become so important to the labels promotion wings that the labels can't crush them for freely distributing their music (no matter how much they'd like to) for fear of a backlash.

The main upshot of these changes has been an ever increasing ability for independent artists to distribute and promote their music without the help of a major label (one side story I'm not going into here is the death of mainstream print journalism, MTV, and locally programmed pop radio, the main venues the major labels have traditionally used to make their acts popular); and for music fans to get access to major artists' work without needing to go through the labels. The labels have so far responded by trying to lock down their music with more and more restrictive DRM (and harsher deals with their online vendors), suing individual customers for downloading, and trying to re-negotiate their relationships with their artists so they get an ever greater chunk of the non-record sales parts of the business: concert tickets, publishing, and merchandise. The result has been a 30% drop in CD sales in the last year and an ever-growing flight of major artists away from labels towards alternative distribution mechanisms (like starting their own labels or working with major retailers (like Starbucks and Wal-Mart) directly). Though with the recent news of both Sony and Warner Music Group signing on to the Amazon MP3 store things may finally be starting to change both in terms of iTunes' dominance and the attitude of major labels towards DRM.

Digital Production

Since the introduction of ProTools in the early 90s, the ability to record, mix, and master music at a professional caliber has become ever more affordable, making its way from big expensive professional institutions to home hobbyist studios and finally to every laptop made today. With a normal consumer laptop, a couple of hundred dollars in microphones and conversion gear and/or software (depending if you're making music that requires outside-of-the-computer instruments or not), a talented recording artist can make recordings that are perfectly competitive with richly budgeted major studios (though not necessarily in the same style). This has lead to a number of new musical aesthetics arising from intimate parlour music (see also the work of Juana Molina to the pastiche of sampling (see The Gray Album by DJ Dangermouse — a mashup of the Beatles' White Album with Jay-Z's the Black Album is a paradigmatic example here and the first argument of most defenders of 'remix culture'). The prevalence of loop-based composition on the computer has also done a lot to spread the influence of dance music and hip-hop into all other genres (this year, in indie rock, nearly all of the big successful records are loop-based: Animal Collective's Strawberry Jam, Battles' Mirrored, Menomena's Friend and Foe, Bjork's Volta, Radiohead's In Rainbows, Girl Talk, etc. etc.).

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Here Comes a Big Black Cloud: finale

This past weekend was the fourth annual PDX Pop Now! free all-ages festival of Portland music. I've been on the board of PDX Pop since it's inception and I feel pretty confident saying that this was the most successful year we've ever had. We moved the fest to a new venue, Audio Cinema, directly under the Hawthorne Bridge on the eastside. We had an outdoor stage for the first time (which had been a collective dream of ours since the beginning) and by far the most attendance we've seen.

Just like last year, I blogged the whole thing live on Urban Honking: Blogging the Sh*t out of PDX Pop Now! 2007. Here are my posts from a few of my favorite sets:

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So, today I'm officially an mp3 blogger. I just published my first post for Pampelmoose, a Portland-based record label, management company, and music blog run by the legendary British punker, and recent Portland transplant, Dave Allen. Dave's resume is pretty jaw-dropping, including, amongst other things, being the bassist for Gang of Four and a stint running emusic. And so it's cool to be working for him.

I'll be writing entirely about Portland music, sharing some of the great lesser known bands I've gotten to hear while working on PDX Pop. As I said in an email to Dave that I didn't quite realize he was going to post, "I have this theory that one in every six people in town is in a band. And in that pool is so much great music that not enough people hear. I will link to some of it."

Go have a look at Dave's post introducting me and my first post itself, Alan Singley: Portland's Burt Bacharach?, which is about some great new tracks Chris made recently with Alan. And let me know what you think.

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Well, I'm proud to say that because of me today was red:

goat
If you mouseover that Goat, you'll see that the most recent edition of Shorties quoted at length from my post introducing Largehearted Goat. Since I mentioned The Mountain Goats in there it was the quote itself which qualified that Shorties post for a red square.

How ironic!

Thanks to David, the Boy himself, for having such a good sense of humor about the whole thing. It made for quite a pleasant little episode.

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Largehearted Goat?

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Here's something ridiculous.

Like many people who find themselves both music- and blog-inclined, I read Largeheared Boy with some regularity. It's amongst the more influential and more professional members of the mp3-blogosphere, replacing the conventional diary-driven individual record and song responses with regular daily postings that cover a wide swath of indie culture from book reviews through music.

By far the best feature produced by Largehearted Boy is a daily segment called "Shorties" that rounds-up the best web coverage of the authors and musicians in LB's pantheon. It's a great way to make sure not to miss the newest TV on the Radio interview or the most recent entry in the debate about mp3 blog aggregators and online music sharing.

After reading Shorties for a while, I began to notice that it contained a mild irritant which, over time, really got under my skin. LB couldn't seem to go for more than a day or two without mentioning long-standing indie rock stalwarts, The Mountain Goats. Now, I have nothing in particular against The Mountain Goats. Mostly, I couldn't care less about them one way or another. But something about the absolute consistency with which LB covers them -- as if they and their new record were the single most important thing happening in the world of music right now -- started to make me crazy.

And so, eventually, I came up with a plan that was also a little crazy. The result of that plan (and just a half-dozen or so hours of work), I now present to you: Largehearted Goat, a web app that tracks the obsession of indie rock mp3 blog Largehearted Boy with the band The Mountain Goats. With just a little hand holding, Largehearted Goat watches each day's new Shorties post and indicates whether or not it, in fact, mentions The Mountain Goats, by displaying the words "Goat" or "No Goat" (on a red or green background as appropriate) with links to the relevant LB posts. On Goat Days, hovering over the box will display the relevant excerpt (works best in Safari; Firefox, it turns out, truncates title tags after the first dozen or so characters). As the days accumulate over time, the app gives a quick-glance view of LB's Goat activity over time.

Anyway, I hope that this app serves as a balm to others who share my irritation, or at least as a mild distraction.

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One of the many things that keeps me from writing more around here is the work I do on PDX Pop Now!, a free all-ages three day Portland music festival I helped found with a group of other Portland musicians and music fans three years ago.

That's why it was particularly satisfying this year that Mikey decided to add PDX Pop to UrHo's Blogging the Sh*t Out of. . . effort. BTSOO is this cool project where Mikey gets a couple of people to attend a large Portland event and then write about as much of it as is humanly possible. They started with this year's PDX Film Fest and PDX Pop was the second victim.

At first, we had these lofty ideas of giving all the bands and volunteers logins to write posts and of setting up a public blogging station where random people from the crowd could do the same, but there turned out, unsurprisingly to be more pressing practical thing to do to, you know, put on the actual festival. Plus, when it comes right down to it, who's dumb enough to want to be running back and forth to a laptop blogging twice an hour for all of a three day music festival?

Well, apparently, I am. I wrote 19 posts covering 44 of the 48 bands that played over the course of the weekend -- plus I cajoled a volunteer into writing one additional post about a band I didn't get to see -- making for more blogging than I've done here so far this year put together.

So, what did I take away from this binge bloggin? Well, there are all my new musical discoveries: Alela Diane, Evolutionary Jass Band, Please Step Out of the Vehicle, Thanksgiving, etc. Also, I think something about having to blog at festival speed was good for me. Trying to get down my ideas about bands in short between set breaks in a chaotic environment didn't leave any room for second thoughts or hesitation. While I like the longer more analytical pieces I write here, I could definitely stand to add this new ability as well.

Anyway, with no further delay, I present Blogging the Sh*t Out of. . .PDX Pop Now! 2006:

Friday

Saturday

Sunday

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