Paying the Artist

“The chart linked to the left gives you a rather dramatic picture of the state of the art in terms of artist’s earnings from recorded music. As you can see, the picture is rather dismal. It appears that an artist’s best chance of making any kind of living at all from his own recorded songs is to sell the CD directly to the public, at gigs or online.

Music Industry – the Chart!

You can’t ignore an omission (forgivable– that’s not what the page is about): the chart doesn’t account for the role of publicity and promotion in CD sales. But it does make it clear that the trade-off, for the artist, is absurd. In exchange for access to the “star-making-machinery” of Sony or BMG, you sell a gazillion units, and then get to turn over pretty well all of your earnings to the record company. No– you don’t even “turn over” the profits– you will never even see them, for the music industry skims off almost everything– and I mean that literally– almost everything– before turning over a pittance to the artist. But then, you get to be on TV. You get promoted. You get fame. You get the girls. You get broke.

I have said this before and I’ll say it again: I believe the government should step in and set standards for contracts between musicians and record companies which guarantee that the artist receives a “reasonable” portion of royalties for every unit sold. It also needs to regulate how much the recording industry can deduct from an artists royalties for the cost of “promotion”. To me, those charges have always seemed like General Motors deducting money from the wages of assembly line workers to cover “advertising”. Why the hell should the assembly line workers pay for the cost of doing business? Especially when you find that a lot of these expenses are fees paid to shadow entities that are actually owned by the record company itself– like “image consultants”, market researchers, arrangers, and so on.

The most compelling paradox of the music industry remains this: would any artist be happy to know that his music is not being pirated? Yes, nobody’s stealing your music. You are so lucky.

So what’s a young recording artist/singer/songwriter to do? Would they really want to go back to the pre-internet lottery system: if you get chosen (by a record company) and you’re lucky and you get a contract, you get rich? And everyone else has absolutely no way to reach a potential audience.

I suspect that the current reality is what is going to work as well as anything can work in this world. New artists practice and play when they can, record their own CD’s cheaply with newly accessible technology, and sell them online and at their performances.

The music industry has never, probably, been so democratic: anybody can reach a large potential audience via the internet, post a video on Youtube, post their music at iTunes, and keep their fan base informed via Facebook.

But without the machinery of the music industry establishment, their prospects are dismal.

The 10 Biggest Scandals Today

1. That we permit corporations to advertise to children during children’s television programming. Someone is going to burn in hell for a long, long time, while trying to explain why he thought there was nothing wrong with trying to trick an eight-year-old into giving his money to General Foods or Nabisco or Hasbro. Then a host of other people will have to explain why they had a fit over Janet Jackson’s breast but didn’t mind at all that their children saw 25,000 commercials before they spent an hour in school.

2. Government subsidies (often in the form of tax breaks, which is nothing more than a disguised subsidy) to big business corporations while claiming that programs that benefit the poor create dependencies and constitute a “hand-out”. Some Republicans actually argue that an increase in the minimum wage will hurt the poor because it will force those strapped employers to lay off staff.

3. Free Trade. Free Trade is good. It absolutely astounds me that the press report, at face value, the government’s protestations that it is in favor of free trade when, in fact, it is wildly enmeshed in a host of protectionist measures, and the subsidization of agricultural and other industries.

4. Capital Punishment: there is no way to do it right because it always involves hatred and it always involves a conscious act by a government to take away life. How barbarian, really, are we?

5. The quality of television programming. I don’t think anybody even pretends, any more, that broadcasters will ever do any better than the load of crap they deliver to us every day. And it isn’t even enough that they deliberately produce utterly contemptible smut and call it “entertainment”: they also have to interrupt it every ten minutes to run ads which, unimaginably, are even more mind-numbing. Even worse, none of the major networks show any serious documentaries on anything.

6. Psychotropic drugs. Look around the room at any party. If you could ask all of the people on prescription medicines for depression or anxiety to put up their hands, you might be surprised. Surprised because you can’t remember when our society decided that instead of pursuing happiness and peace of mind we would just drug everyone. But that, in fact, is what we do. We never announced it. We never formally commenced a “program”. We did it quietly, circumspectly, discretely. The result is the same. All of us are on happy pills. We’re all on soma.

7. Third World Debt. You can argue as much as you want about teaching those people a little bit of responsibility– that’s like a 300 pound adult man beating up an eight-year-old kid in order to teach him some “responsibility”. The truth is, we are picking the pockets of the poor. The poor pay us. We wring our hands and send piddly little donations to make ourselves feel better, but the bottom line is that the poor send us more money than we send them because we are stronger and we can make them, and that’s the ugly truth.

8. The contracts the Recording Industry Association of America has been allowed to foist upon young talent.

9. Absurd awards for “pain and suffering” given out by American juries for victims of corporate malfeasance. The juries seem to be under the quaint illusion that stockholders of the recalcitrant corporations will reach into their own pockets to pay these awards. The big sub-scandal here: lawyers taking 30% or more of these awards even when they are in the millions or tens of millions.

10. Media concentration of ownership.

11. Government subsidy of professional sports stadiums.

The Artist is Ripped Off

“In the role-playing activity Starving Artist, for example, groups of students are encouraged to come up with an idea for a musical act, write lyrics and design a CD cover only to be told by a volunteer teacher their work can be downloaded free. According to the lesson, the volunteer would then “ask them how they felt when they realized that their work was stolen and that they would not get anything for their efforts.” NY Times, Sep 25, 2003

What is hilarious about this little scenario, of course, is that it is a complete fantasy. It is a comic fantasy. The most hilarious part is where they convince the students that they would actually have received any of the money that should have been paid for the CDs.

A real world scenario would run thusly: the students come up with an idea for a musical act, write lyrics and music and create a CD cover, and get signed by a major record label.

While in the recording studio, the producer, assigned by the record label, makes some suggestions for the arrangement of their best songs.  Then, of course, he convinces them to give him a co-writing credit.

Their CD sells very well because it is played on the radio– for free– and they perform on television promoting the CD– for free. They have a big advance from the record company and sign a complicated contract they don’t understand. They spend all their money in one year.

The next year, their accountants –played by a volunteer teacher, if you will– tell them they are broke.

They find out that the record company has been deducting all the expenses of recording, packaging, shipping, and promoting their CD against all their royalties. They find out that a whopping bill came from an image consultant hired by the record company on their behalf and at their expense. Then they find out that the image consultant actually works for the record company for a pittance.  They find out that the image consultant, sound engineer, label designer, photographer, and graphic artist all did the same work for several other artists signed to the same record label but who didn’t sell very many CDs at all.

They find out that they owe the record company millions of dollars.  They find out that the producer has collected a huge chunk of their song-writing royalties.

They write and compose a follow-up CD.  This time, the producer brings in a “rhythm consultant” who also takes a co-writing credit.  A record company executive doesn’t like it and demands changes. He wants it to be more pop, less art. The students don’t like the changes at all and demand artistic freedom. The record company tells them that they must change their music or they will not be allowed to release the record. Nor will they be released from their contract and allowed to switch labels to work with a producer who understands what they are trying to do.

Their CD is released on Spotify.  It is downloaded 100,000 times.  They receive a payment from Spotify of $12.53.

They find out that their work was stolen and they would not get anything for their efforts.

Now they know what it feels like to have their hard work stolen from them.

You may now resume downloading.

My Music

You have undoubtedly heard about the injunctions and the motions and lawsuits and all the legal technicalities of the Recording Industry Association of America’s battle with Napster. The lawyers must be advising the RIAA that they can have an impact on music piracy– and their bottom line– by winning a few court battles against the software giant.

What is most interesting is not who is in court today, but who is not in court today. Napster, my friends, is a scapegoat. Why did the RIAA not file the same motions, injunctions, and lawsuits against Microsoft? Why is Creative Labs sitting there untouched? Why is Yamaha unscathed? Who gave a special blessing to Samsung? Winamp? Music Match? Audio Catalyst? Sonique? Creative Labs? Philips? Iomega?

If you read the advertising for Windows ME and XP and whatever other version of Windows Microsoft is promoting these days, you may have noticed that Microsoft thinks you want to play music on your computer. It has incorporated all kinds of features to allow you to easily and conveniently rip, download, store, and play MP3 files. You can even store them in a directory called “My Music”! Microsoft is obviously trying to profit from the consumer’s demonstrated interest in pirated music.

And Microsoft isn’t the only corporation benefiting from the digital revolution in music. Yamaha makes speakers that are designed to be used with computers, and almost certainly used to play illegal music files. There are now players from Rio, Sony, Creative Labs, Iomega. How come all of these companies are off the hook?

Could it be because they have better lawyers than Napster, the tiny little upstart, does? Could it be that the RIAA is being arbitrary and selective about trying to enforce it’s copyrights? Could it be that the law is an ass, and the RIAA are even bigger asses?