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Common Musical Sense

An Intellectual Call to Arms against the Recording Industry, Radio Deregulation, and Media Consolidation
and their Threat to our National Culture and Democracy

by Joshua A. Cohen

 

                A culture cannot forever survive under the unyielding weight of commerce. Like other forms of art, Music cannot maintain its cultural relevance and vitality when detained by the fetters of economic efficiency and financial decision-making. Perhaps if Music were just a form of fleeting entertainment, its vigor would not be of such consequence and thus its discussion of little national import. However, throughout history and to this day, Music continues to be a vital element of communication and an essential tool that people use to understand themselves, their society and their place in the world. With so central of a role in self-identity, the dissemination and appreciation of musical expression is perhaps as important to a vibrant democracy as other forms of exchanging ideas, such as free speech, protest and public debate. It would be heretical to suggest that the exchange of ideas should be reserved exclusively to the realm of private business and marketed as just another commodity. Likewise, the idea that musical communication should be abandoned to the vagaries of economic measures of value and the constraints of market efficiencies, should be equally offensive to American sensibilities. While the sale of Music certainly has a long history in our country, within the last decade major developments in media consolidation and deregulation have so restricted forms of Music dissemination that these changes have come to represent a major threat to the vibrancy of our civilization itself. Perhaps nothing short of a revolution in the marketplace will be necessary to help us take back the Music from the Industry and put it in its rightful place in our cultural and democratic heritage.

The Political, Sociological and Psychological Need for Music

            There will be some that will question the importance that I have thus far placed on Music, so before describing the events that led to the current crisis and outlining the revolutionary steps needed as a remedy, let us briefly review the place Music holds in society. Some years ago, the Soviet Union had just fallen. Images coming from the newly formed independent states showed us citizens celebrating in the streets, gathering to play guitar and to sing and organizing outdoor festivals and rock concerts. Indeed, rock Music which for some time had been illegal in the Soviet Union , emerged from the underground during the period of Glasnost prior to the fall of the communist state and blossomed in the times immediately following its collapse. This was a unique moment to peer into the psyche of the ex-Soviets as they were confronted with the sudden loss of their country, their economic system and indeed their place in the world. I strongly believed that the Music that was emerging at the time could hold the key to revealing that psyche. Being a student, I applied for a University grant to undertake such a research project; I would go to the ex-soviet republics to gather recordings and lyrics and undertake an analysis of a culture and society in transition. While my proposal was selected as one of the final under consideration, one of the professors on the committee charged with selecting the grantees simply could not see the academic merits of the project. During the final interview he stared at me intently and declared, “It sounds like you want to ride around in a van and listed to rock Music.”

Perhaps this professor had never been inspired enough by Music to make a major change in his life, a political decision or simply an internal resolution on how the world should be interpreted. Or perhaps, I had been wrong all along. Could it be that Music was only of political interest prior to the collapse of the Soviet Union in as much it was held hostage by the wider ideological battle between the superpowers during the cold war? It certainly could not be denied that the Soviet Union at times throughout its history had suppressed and even outlawed certain genres. First jazz and then rock Music were viewed as decadent bourgeois Music, not compatible with the communist system. Song lyrics were likewise subjected to strict scrutiny for their possible offensive ideological content.  

Still Music does not need to be overtly ideological or a pawn in a wider geopolitical battle to necessarily have political or sociological import. A fine example in the Soviet context was the bard Bulat Okudzhava, who came to prominence in the1950s and 1960s. Okudzhava was originally a poet, who begun accompanying his poetry recitals with simple melodies and a few guitar chords. Though never aspiring fame, Okudzhava’s small Musical gatherings and concerts were captured on tape recorders, whose recent advent in the Soviet Union at the time made it possible for people to copy tapes and pass the songs to friends. Soon Okudzhava’s Music was resonating throughout the Soviet Union , a truly revolutionary and democratic phenomenon in a country where the official unions produced all the music, where all official songs were subject to strict censorship and where the state held a monopoly on the distribution and dissemination of Music.  

For the most part Okudzhava’s lyrical content did not seem obviously political. His Music did not question the existence of the Soviet state, its economy or its forms of repression. And it was not Okudzhava’s precise lyrical content or even his guitar skills that endeared him to millions, but rather his ability to capture the spirit of his people. At the time the nation was being barraged with an official music whose purpose was didactic and overly optimistic. Okudzhava, on the other hand, tried to explore the true realities of love, war and homeland, both positive and negative, and thus his Music was able to help the Soviets understand their true place in the world. As Okudzhava himself explained “the serious listener forgives the performer’s ineptness in playing and the not-so-good, perhaps, melody – if there is intonation; if only human fate can be felt in a song. Only then does it appear as an object of art.” It seems that this intonation had been totally lost in Soviet music prior to the emergence of Okudzhava. As Vladimir Frumkin writes in his introduction to the songbook Bulat Okudzhava 65 Songs, “It seems that in a thoroughly organized and ideologized society not only are economics, morals, politics and art degraded, but also speech and song. It is as though people forget how to freely express themselves. Melody and speech lose their richness and spontaneity, the tone becomes mechanical and still. It is no longer nourished by living thoughts and emotions, and struggles to conceal its absence in an exaggerated pathos, or a saccharine imitation of intimacy.”  

Examples of Music asserting its power in the face of extreme repression can be found in the United States as well. During the founding of our country, slave holders in many cases did not allow dancing and drum playing among their slaves, important cultural traditions in their native Africa . Still those same slaves were allowed to attend church services where they could sing hymns and psalms. The slaves would bring those songs back with them to the agricultural fields. Singing to help ease working conditions and to coordinate group efforts was tolerated as long as the songs did not contain lyrics deemed threatening to the slave holder. The hymns and psalms were transformed into Negro Spirituals which spoke not only messages of the gospel, but incorporated secular concerns, reflecting the human condition of slavery. The Spirituals thus helped the slaves not only to work, but to express their personal feelings and hopes, and, in turn, to console those around them. During the period of increasing abolitionist fervor, these Spirituals took on greater political significance. “Follow the Drinking Gourd” contained instructions to slaves on how to find the North Star and follow their path to freedom. “Wade in the Water”, likewise instructed runaways to pass through streams to help throw off the scent used by dogs trying track the fleeing slaves.  

Within the last century, Music has had no less resonance within our culture and political landscape. Woody Gutherie, author of “This Land is Your Land” is one of the preeminent founders of social commentary Music in this country. Getting his musical start during the Great Depression, Gutherie penned wonderful Dust Bowl Ballads, championing the plight of migrant workers. When he moved east he struck a chord with unions and leftist organizations, writing pro-labor and anti-fascist songs. Of his importance, John Steinbeck wrote “Woody is just Woody...He sings the songs of a people.  And I suspect that he is, in a way, that people...There is nothing sweet about Woody, and there is nothing sweet about the songs he sings.  But there is something more important for those who will listen.  There is the will of a people to endure and fight against oppression.  I think we call this the American Spirit."  

 The torch of Woody’s songs of political protest was passed forward to other great American singers, notably Pete Seeger (“If I had a hammer”), who’s work helped spur the resurgence of the popularity of folk Music in the 1950s and 1960s. His songs of protest and justice helped bring Music to the fore of the labor, peace, civil rights and then environmental movements. Seeger helped gather and popularize the song “We Shall Overcome” a variation of two old Negro spirituals. The song became an anthem of the civil rights movement and its message of intense optimism and righteousness continues to inspire individuals of diverse movements who nonetheless share an intensity of conviction in their beliefs.  

Still we don’t need to look exclusively at overtly political Music to appreciate the extent to which Music has had our national character. Lyrically, early rock-n-roll appears to be anything but revolutionary. How could songs about cars, girls and good times be threatening to the status quo? The first revolutionary aspect of the advent of rock-n-roll is that it emerged from African American Rhythm and Blues during a time of racial segregation. Stations such as the high-powered WLAC in Nashville began playing blues and R&B records at night for black audiences. With a transmission that on a clear night would span the northern and southern borders of the United States , white teenagers were turned onto the exciting new sounds that R&B had to offer. As Robert Palmer summarized in his text Rock-n-roll: An unruly history, “It was more sexually explicit than any mainstream pop, it had a more forceful beat for dancing, and it seemed to mirror more directly the flux and frenzy of the times as seen through a teenager’s eyes. America was changing, and change is the essence of the adolescent experience.”

 The sociological effects of the popularization of rock-n-roll were wide-spread, though certainly hard to quantify. White youth began encountering blacks and dancing in the same concert halls when going to see their favorite rock-n-roll acts, many of whom in the early days, were themselves African Americans. Certainly these experiences had to inform these youths’ racial attitudes as they would mature during the time of the civil rights movement. The advent of rock-n-roll was also accompanied by an increased purchasing power of American youth, and the increased independence and mobility that the automobile provided. These factors coupled with the physicality of dance-oriented rock-n-roll only served to reinforce changes in sexuality, sexual attitudes and gender roles. Indeed, the history of rock Music, folk rock, psychedelic rock, R&B, disco, funk, punk, hip-hop and a multitude of other popular genres, is rife with examples of how the Music developed hand in hand with, and served to reinforce other social movements and changes in attitude on a wide variety of subjects, including community, race, gender, drugs, environment, creativity and ethics.  

Finally, moving beyond political and sociological arguments, who among us has not been influenced at some point in his or her life by a particular song on a personal level, touched emotionally or emboldened to make a decision or to set off on a new path in life? As humans are part logical and part emotional beings, Music often serves to tip the balance in a decision-making process that pits the two sides of human motivation against each other. Furthermore, Music’s comforting familiarity can also serve to reinforce traditions and community values, and thus its role in religious, ethnic and even secular ritual is undeniable. Throughout history Music has served these purposes, inserting itself into the fabric of almost all life experiences. Though the desire for musical discovery is often strong in adolescence as it is a period of intense growth and self-discovery, evolution in one’s understanding of the world, and the necessity of new important decisions, is a constant process. As such, one does not outlive the psychological need for Music; in short, Music’s importance to our culture in no way diminishes with age.  

            However, if this is true, why is it that evidence would suggest that new musical acts produced by the Recording Industry are intended to appeal primarily to the teenage/youth markets? Market data released by the Recording Industry Association of America (RIAA) for the year 2000 shows that consumers between the ages of 15 and 24 accounted for 25.4% of total record sales. United States Census estimates for the same year show that those age groups represented just 13.9% of the population. What can explain this difference? Possibly one will argue that because adolescence is a time of such intense growth, and so central to the creation of one’s self-identity, that Music is that much more important in one’s life at that stage. Even if we accept this premise (which itself is somewhat questionable), if one were to analyze the types of purchases made by the different age groups, I believe that data would be much more revealing of the over-exaggerated importance that youth groups have in the sale of new musical offerings. Though the RIAA does not publish such data, a recent informal survey of the latest albums attaining Gold and Platinum status, as reported by Billboard Magazine, indicated that nearly half of those albums contained Music that had been originally released more than a decade ago. A sampling of the acts included the Righteous Brothers, Marvin Gaye, The Temptations, Neil Diamond, Don McClean, the Who and Lynyrd Skynyrd. Most of those titles were “Best Of” collections or re-releases of older albums. Given this fact, one cannot help but believe that a large percentage of the records purchased by older adults is in fact on older musical acts and songs. This further suggests that a preponderance of the new musical acts is marketed to the youngest Americans.  

Could it be that older Americans are simply set in their ways and not interested in listening to new Music? It seems absurd to think that by the age 24 Americans have been exposed to all the musical and lyrical themes they will need in order to confront the multitude of life changes and stages that face them in the future. Indeed, empirical evidence indicates that while Music still holds an important place in the lives of people in their 30s, they have been frustrated by the lack of new material within the last several years. The rock group Fitehouse recently conducted a survey of 160 individuals in Baltimore City , to analyze the perceived variety in the musical marketplace. When asked how they would rate the variety of new musical acts and musical offerings within the last couple of years, while just 16% of those in their 20s responded that the variety has been poor or very poor, that figure jumps to an astonishing 33% of those in their 30s.  

While the RIAA tracks attitudes with respect to the general value of Music, asking consumers if they view CDs as a good value for the money, those studies do not query individuals on the perceived value of the offerings themselves. Thus while the RIAA can track a percentage drop in sales, the reasons for those decreases are not always evident. The RIAA has taken to blaming file sharing for much of these losses, but there is little analysis as to the influence of the perceived poor variety of the offerings. One can imagine developing concepts like those used in the measure of unemployment; an unemployed person who gives up looking for employment because there are no perceived viable offerings is considered a “discouraged worker”. Likewise we can imagine a measure of discouraged listeners, individuals who have given up purchasing Music because the offerings are so poor.  

I believe that such measures would show that the current number of discouraged listeners is at an all time historical high. To test this hypothesis, the recent Fitehouse survey of Baltimoreans asked individuals 20 years of age and older how accurate the following statement described them: “The current offerings of new music or so poor that I am discouraged from even going to the record store or looking for new acts.” A surprising 26% of all those interviewed indicated that the statement was either very accurate or accurate. Another 31% responded that the statements was somewhat accurate, indicating that the lack of variety of new Music and acts is probably a significant factor in the recent slump in industry sales. The RIAA should seriously consider its failure to provide that variety as a causal factor of its recent woes and not just put the blame on file sharing.  

Of course, were the RIAA to charge a statistician with challenging my above arguments, they could surely put them into sufficient doubt so as to prove some other point. However if the RIAA were to go back and look at historic growth rates in the purchases of new Music and acts, I am confident the results we prove me correct. Indeed, prior to the advent of rock-n-roll in the 1950s, and the accompanying surge in teenage buying power, most new Music was purchased by adults. There is no reason to believe that the older American’s cultural and psychological need for new Music and new acts has fallen that dramatically since the 1950s. Rather the conclusion must be that there is nothing new that is speaking musically to this rather large segment of the population.  

The Origins of Crisis  

            What else can explain the implicit rise in the Discouraged Listener index of Americans 30 years and older? A confluence of events in the 1990s served to severely restrict the variety of available Music and its dissemination. For years now, a relatively few companies have accounted for the bulk of all Music sales in the United States . Throughout the history of recorded Music, as smaller independent labels started to have success, those companies were acquired or forced by economic realities to enter into distribution agreements with one of the national distribution companies.  In the late 1980s and the 1990s, however, a series of events led to major consolidation in the industry and the loss of autonomy for many of the so-called “indie” labels.  

If one looks at the case of Universal Music Group, the degree and speed of recent consolidation is truly mind-boggling. In 1989 Polygram acquired Island records and in 1990 it bought A&M records. That same year MCA acquired Geffen records. In 1993 Polygram took over Motown and the following year it purchased 50% of Def Jam records. In 1995, Seagram acquired 80% of MCA, which itself gained control of 50% of Interscope in 1996 (the same year Polygram’s took an additional 10% of Def Jam). Then in 1998 Seagram acquired Polygram, merging it with MCA into the Universal Music Group, a company that now controlled the sale of roughly 25% of all recordings worldwide. As Moses Avalon explained in his text Confessions of a Record Producer, this event sent shockwaves throughout the industry “The MCA sale sparked huge restructuring at Warner Bros. Records and EMI Records. Both of these giants consolidated, letting go hundreds if people. The Time Warner Corporation eliminated many of their sub-labels, allowing smaller companies direct contracts with the parent label/distributor, Warner Bros. Records. EMI followed by dissolving several of its middle management divisions and became EMD.”  

By 1999, five major record companies had a de facto oligopoly over the distribution of Music in the world (accounting for more than 90% of the music sold on the planet). The Big Five distributors, WEA (Warner, Elektra, Sire, Atlantic ), Universal, Sony, EMI and BMG are in turn owned by the largest media companies in the world, AOL/Time Warner, Vivendi, Sony, EMD and Bertelsman AG, respectively. The result of the consolidation and the process of restructuring to achieve economies of scale meant not only the disappearance of many independent distributors and labels, but also loss of autonomy for those “indie” labels belonging to one of the Big Five. As a result, most labels have had to answer more directly to their parent media conglomerates and generate predictable revenue streams. Of course, satisfying corporate accountants and share-holders with short-term profits is not compatible with risk taking, long-term artist development or musical variety. (This pressure was only intensified during the 1990s as unrealistic gains made by dot com firms at the time caused many companies to search for methods of boosting their short-term profitability). Again, while no concrete statistics exist on the subject, discussions with both consumers and individuals with experience on the inside of the business indicate that pressures for short-term profits has lead to a significant decrease in the amount of time that labels are willing to spend on developing the careers of artists; in short, if an act does not soon produce a hit, it is dropped from the label. Keith Moerer in his article “Who Killed Rock Radio?” analyzed this phenomenon, speaking to a variety of executives and consultants in the record and radio industries. Excerpting from his article illustrates that the negative influence of the bottom-line on artist development is openly admitted by industry executives:  

The record industry went through its own wave of consolidation in the late 80s and early 90s, when new multi billion-dollar empires such as Time-Warner were built and artist-oriented labels such as Warner Bros. Records were dismantled. A&M Chairman/CEO [Al] Cafaro says the need to keep short-term label profits high has never been more intense – an not just because most record companies now answer to Wall Street: “Thanks to the use of SoundScan by journalists and broadcasters to quantify who’s hot and who’s not, the industry has developed a Hollywood blockbuster-type mentality, with an emphasis on who opened big and what records quickly ‘fail’. But some artists have to develop off the radar screen. You need space to make certain things happen.”  

By emphasizing short-term hits and abandoning artist development, record companies are only cannibalizing their own future sales. When CDs emerged as a new format in the 1980s, many American adults began replacing the vinyl collections of their favorite artists with the new format. This was a real boost in the arm for the industry. However, by focusing on short-term hits, who will those in their 20s and 30s be purchasing years from now when format changes or increased purchasing power inspires them to complete their musical collections with the missing titles from their youth? The Fitehouse music survey asked participants the following question: “When you purchase music, are you more likely to buy CDs of acts that have been around for at least 10 years or those that have emerged more recently” For those in their 20s, the majority (54%) indicated that they purchased principally acts that had emerged within the last 10 years, though a considerable number (46%) indicated that they in fact acquired music of acts that have been around for at least 10 years. For those in the 30s the figure for 10-year or older acts is even higher, coming in at 62%. While many arguments can be made as to what these figures indicate with regard to current musical variety, it is clear that consumers tend to form allegiances to certain acts; by emphasizing the short-term buck and not developing artists’ long-term careers, the Recording Industry is not only neglecting the proclivities and desires of the listening public, but it is jeopardizing is own future revenue.  

The situation went critical with the passage of the Telecommunications Act of 1996. Increased deregulation meant that a firm like Clear Channel Communications was able to go from owning 40 stations to more than 1,200 nationwide (reaching more than 110 million listeners each week)! With play lists being centrally programmed, gone are the days when bands or small labels could bring their songs to local stations in hopes of generating a regional hit. With such concentrated power to make or break a CD, increased focus has had to go into making sure that a CD will make it into Clear Channel’s rotation. The business of the Independent Music Promoter blossomed further. These companies, hired by the labels to “encourage” radio stations to play their material, help the labels avoid violating payola (pay-to-play) legislation and allow the labels to distance themselves from the Independent promoters in cases where their forms of inducement are found to break those laws. With independent promoter fees upward of $300,000 to get a song on the air, it is clear that the barriers to access to our nation’s airwaves are prohibitively high for small labels and independent bands. This fact, coupled with the requirement that acts go immediately national (and spend money on in-store promotions, advertisements etc.) further heightens the costs of producing a profitable act.  

 So, precious capital that could have been invested in a wider range of acts is redirected into a few number of bands with the hopes of making back the investments with bigger sales of the “anointed few.” In short, microeconomic decision making coupled with media concentration has resulted in a significant decrease in the variety of Musical acts and a national homogenization of our musical culture. The Recording Industry is putting its dollars into an ever diminishing number of similar-sounding acts and those acts are being rammed down the throats of American listeners. Furthermore, given the heighten pressure to produce short-term profits, record companies have put a disproportionate amount of their capital into teenage/youth acts, as this market is more easily manipulated through marketing and thus lends itself to the generation of predictable revenue streams. The result has been the wholesale abandonment of large segments of the American population and thus the intensification of the discouraged listener phenomenon among those above the age of 25.  Were Music just a form of entertainment, this would not be a problem. However, Music is an integral part of our Political, Sociological and Psychological landscape. As such, what we are living through is nothing short of a Culture in Crisis. In short, the media companies’ threat to the vibrancy of our culture has surpassed their usefulness to our capitalist marketplace.  

Defending our Democracy: The Need for Revolution  

We are on the cusp of a revolution in the way music is disseminated, and it is our responsibility as citizens and stewards of our national culture to see that this revolution comes to fruition. There is a battle between the old and new guard going on right now, and it is still not clear which way things may go.  

 On one side can be found many professional musicians, unsigned or independent bands (such as Fitehouse, www.fitehouse.com) and organizations like The Future of Music Coalition (www.futureofmusic.org), The Recording Artists Coalition (www.recordingartistscoalition.com), Free Press (www.mediareform.net), Americans for Radio Diversity (www.radiodiversity.com), the American Federation of Musicians (www.afm.org)  and the Boycott the Recording Industry Association of America website (www.boycott-riaa.com), to name just a few. On the other side can be found the record companies, their lobby group -- the Recording Industry Association of America (RIAA) and the media conglomerates. Of course the former group of organizations do differ on certain issues, nonetheless, more and more they’ve been coming together to represent the interests of both artists and the listening public and to counteract the lobbying power of the media conglomerates.  

 On April 30, 2003 the philosophies of many of the above groups coalesced in a letter directed to Michael Powell, the Chairman of the Federal Communications Commission. In the letter, signed by 30 major recording artists, the Coalition called on the FCC Chairman to open up the issue of further deregulation of media ownership to public debate before the FCC goes ahead with its planned June 2nd vote on the matter (indeed, many take it as a foregone conclusion that the FCC will vote to further ease ownership regulations – allowing, for example, one company to own newspapers, radio and television stations in the same town). The letter to Chairman Powell concludes:  

We believe the record demonstrates both the value of existing media ownership rules and the dangers in permitting widespread consolidation of ownership. We also believe the FCC has been negligent in listening to important stakeholder groups, like musicians, recording artists and radio professionals, to ensure their testimony is on the record. The de facto boycott of field hearings by you and Commissioners Abernathy and Martin makes us question how interested some commissioners are in understanding the public’s interest in these matters. Finally, a refusal to allow Congress and the public to view and debate your specific proposal would be a tremendous disservice to the American public and the citizens who depend on these media structures for their livelihoods.

We strongly urge you to give the public a true voice in these policies, which will forever alter the way citizens receive their news, information and entertainment.  

The letter skillfully summarizes that what is at stake is the free flow of information necessary to a vibrant democracy. It is the obligation of all Americans that love Music, culture, variety and democracy to contact the FCC and demand an open hearing on the deregulation issue. This is but the first step needed to save our national culture.  After we have halted the process of further media consolidation, we must then act to reverse it. The dissemination of Music must be democratized.  

Several positive developments have occurred which hold promise for this process. Firstly developments in technology, digital recording and the falling prices of computers have opened up a world of possibilities for bands whose only hope for recording their music used to be through contracting expensive studio time or holding out for the rare chance of being discovered and offered a record contract. So, faced with no local media outlets and an increasingly risk-averse Recording Industry, bands have been forced to go organic: make and sell the CD themselves. The advent of the Internet and e-commerce has facilitated this process. While local acts are still more likely to sell their own CDs at local performances, the structure is in place for bands to seek some form of national notoriety and to get their music directly to their listeners, no matter where there location on the globe. In short, the Recording Industry’s grip on international distribution has been loosened. While already well-known recording artist such as Prince have already used this new structure to totally circumvent traditional record labels, it is only a question of time until smaller acts develop a way to take advantage of the technology to render the record companies irrelevant.  

            Rather than re-evaluating its role in the economy and understanding what services it might  provide in a quickly changing marketplace, the Recording Industry has responded to the new economic realities by filing suit against University students and other individuals in an attempt to hold on to its reign of mediocrity. The Recording Industry Association of America has tried to take control of the debate by framing it as a clear-cut legal and ethical question of copyright infringement. Still, this simplification of the issue clouds the real issues at hand. To start with, the RIAA has been trying to convince the public that file sharing is a form of stealing from the artists. For most artists, however, there is very little money in a major label record contract. Unbeknownst to many listeners, the costs of recording and producing a CD and many of the subsequent promotional expenses are actually charged back to the artists. Artists receive an advanced from the record company to pay the expenses, but then are responsible for paying those advances back before they can see any profit from the sales of their recordings. With a multitude of accounting tricks, many artists will have to sell at least a million copies before they can even break even. Courtney Love, in her article “Courtney Love does the math” published in the on-line magazine Salon.com, likens the process to Sharecropping. Moses Avalon in his book Confessions of a Record Producer, likens a major label deal to having a credit card with a 66% interest rate. I would liken it to playing the lottery or a scratch off game. You will most likely lose. Some very small part of the population wins the lottery, thus fomenting the myth that it could happen to you.  

Certainly songwriter royalties are more favorably administered than performance royalties, but the fact of the matter is that file sharing in general hurts a limited number of very large acts. Many smaller acts see a lot of potential in file sharing for expanding their fan base and generating revenues in other areas. Of course, the Recording Industry is the biggest looser and thus wants to convince the public that we are hurting the artist and by violating copyright law, de-incentivizing the production of art. To begin with, the current economic incentives are illusory at best (what band in their right mind would find Sharecropping or getting a loan from a veritable loan shark as an attractive incentive). If we really want to incentivize artistic production, and “Promote the Progress of Science and useful Arts” (as the Constitution posits as the basis of copyright law) then the current Recording Industry Regime is the real threat to variety and production, not file sharing.  

Here are the real issues at hand that the RIAA is trying to cloud: Firstly, the forms of musical distribution have changed and those changes are irrevocable. The Recording Industry finds itself in a historical position much like the one it confronted in the 1920s, when free radio represented a threat to its position in the entertainment marketplace and likewise had the initial effect of reducing record sales. Of course, while labels initially tried to prevent their artist from appearing on radio broadcasts, they eventually learned how to use radio to bolster their sales. Similar fears arose with the advent of recordable cassette tapes. The fact of the matter is that developments in technology have generally helped to increase the dissemination of music and thus have been beneficial for artists and the listening public. Increased dissemination has had positive economic effects for artists that can make a living off a multitude of sources such as touring, selling merchandise, publishing books, or even selling CDs or multimedia packages to collectors that want to get close to the artists and will not be satisfied with an MP3 file. Similarly, there are many artists who feel that it is more important to express themselves artistically and to disseminate their art than to necessarily benefit economically from their efforts (how else could one explain Musicians continued tendency to sign up for “Sharecropping” deals). As Pete Seeger expressed in a 1967 interview about Woody Gutherie (appearing on www.woodygutherie.com “When Woody Guthrie was singing hillbilly songs on a little Los Angeles radio station in the late 1930s, he used to mail out a small mimeographed songbook to listeners who wanted the words to his songs, On the bottom of one page appeared the following: ‘This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do.”  

 Of course the Recording Industry is quick to remind us that the music business must be lucrative in order to survive (Perhaps they are more ideologically in step with the 18th Century British author Samuel Johnson who claimed that “No man but a blockhead ever wrote, except for money”). It is clear the even with the recent changes in technology, there will be money to be made in Music. If the Recording Industry cannot find a way to participate in this market, rather than lamenting that its capital is not being sufficiently rewarded, it should do the proper capitalist thing and go out of business. If it does take this path, it will have no one to blame but itself. As Harry Shearer suggest in a recent editorial in the New York Times, the Industry simply doesn’t understand its market:

Many people over the age of 25 have been moaning for years, correctly, that nobody is putting out records for them. These people have families, church and community meetings to attend, golf to play and cooking to do. They have careers and disposable incomes. All this makes them far more likely to opt for the convenience of stopping by the record store than trying to figure out how to work Kazaa or Gnutella or any of the other strangely named avenues of Internet commerce avoidance.  

            Nonetheless, perhaps some Music listeners may see the fall of the Recording Industry as a little overwhelming and thus to be feared. Many have complained that the problem with the Internet in general is that there is too much information and little organization or verification to its validity. While Librarians can catalog and prioritize information in a physical library, making it a safe place to do research, the Internet is the intellectual equivalent of the Wild West. Similarly, some may say that while the role of the record company in physical distribution may become superfluous, they nonetheless have a role to play for organizing, selecting and filtering the overwhelming supply of mediocre music. If this is indeed one of their roles, then they have failed us miserably. The Industry’s continued emphasis on short-term profits and their consequent focus on a small number of potential mega-hit makers, has proven that they are not worthy of our respect as competent arbiters of good Music.  

 If society still demands that some group make sense of the multitude of offerings and present the options to the listening public, that group will have to come from outside of the Recording Industry. One would hope that local media, alternative papers and free local radio could serve as that initial filter for scouting talent, however, as we have seen, local radio programming is a thing of the past. Likewise, local papers face a multitude of pressures to provide greater access and attention to acts that belong to major labels. In cases where a local paper belongs to a larger media conglomerate, there may be pressures to review those acts and CDs which in turn buy advertising space in their papers. In some cases the pressure may be blatant (though not public, to be sure). In other cases, the pressure may be more subtle: if a particular act is suddenly advertised throughout a paper and other local media, writers may be enthralled by an artificial buzz and thus inclined to review that CD. It is unlikely that these pressures will wane anytime soon. Still, there is another form of pressure that we may be able to battle: the predominant myth that acts coming from major labels are somehow better or more legitimate than those coming from smaller labels or no labels at all. It will take the discovery of some non-affiliated talent, but when this happens, there will be much excitement and incentive on the part of papers to get involved in the process of talent scouting (as a successful discovery of a hit act will generate accolades for the paper).  

            Now let us consider Clear Channel’s recent decision to sever ties with “Independent Music Promoters,” companies hired by record labels to lobby for air time (in many cases ‘buying the stations off’ with perks and other forms of compensation). With this decision, the Recording Industry is deprived of one of its major tools for guaranteeing hits. I can foresee a future in which companies like Clear Channel discover that there is good unsigned talent out there or good talent belonging to labels that could not afford the estimated $300,000 per song need to hire an Independent Promoter. When they do, they may begin scouting directly for new songs or start using independent scouting companies to find that talent. Of course, this process would in no way compensate for the harm that is done to variety by the great concentration of ownership that companies like Clear Channel represent, still it would be a positive change for increased democratization. Ultimately re-regulation of ownership or a voluntary de-centralization of the play-list decision making-process would be necessary as well.  

 However, given the unlikelihood of the reversal of recent trends in economic decision making in near future, we will need to seek alternative avenues of music dissemination other than traditional radio stations. Internet radio, also known as streaming radio, offers an exciting option for counteracting the process of media consolidation. It will take some time for this to come to fruition, as a technology gap certainly exists between segments of our population. Nonetheless, when televisions first emerged in the United States , no one imagined that they would become a staple of every American home. Likewise the percentage of homes with computers and broadband connections to the Internet will certainly continue to rise. Of course, Internet radio stations will face similar economic pressures to capture listening audiences as traditional radio stations do: pressures to maximize listenership at commercial radio stations have led to a process where a very small number of “potential hits” make it into rotation (the repetition guarantees hits and minimizes the chances someone will change the channel, at the expense of variety and the eclectic tastes of those not falling into the mean). Internet radio, however, can take advantage of the lack of physical barriers to expand its listenership, and thus can serve more niche markets (which although spread out physically, in their entirety represent significant populations). As advances in wireless broadband continue (such as 802.11b and 802.11a wireless Ethernet), we can foresee a future which brings broadband streaming radio to America ’s highway systems and thus with it the highly coveted drive-time market. This would be a phenomenal advance for the democratic dissemination of Music. Already the advent of satellite radio and its fee-based subscription also provides an exciting option to bland commercial driven radio.   

An Action Plan to Save our Culture  

In conclusion rather than allowing the Recording Industry to frame the debate and convince us that file sharing is somehow a threat to incentives in the musical marketplace, we need to step back and look at the larger picture: the threat that the Recording Industry and media consultation represent to the vibrancy of our culture. Once we appreciate what the real issues are, we can center our energies where they need to be focused. To summarize, the current regime is antiquated and must be overthrown. The initial steps that we must take are the following:  

1. Halt the continued de-regulation of media ownership of our precious airwaves. Those airwaves belong to us, the citizens of this country, not to the free market. They are vital to the free exchange of ideas and the strength of our democracy.  

2. Support advancements in digital media and find ways to use the technology to benefit the musicians and the listeners. If these developments are not compatible with our current Recording Industry, let that industry die a peaceful death.  

3. Develop novel forms of scouting and discovering talent that are more de-centralized and that do not rely on the myth that the Recording Industry is somehow uniquely qualified to spot talent and music that will be useful to our society. This myth is false.  

4. Seek new democratic forms of dissemination and support lifestyle and technological changes that will ultimately increase musical variety. Expanding the wireless Internet can serve to replace the airwaves’ monopoly on our ears, hearts and minds. Only by breaking this monopoly can we increase the exchange of musical and lyrical ideas that will in turn strengthen our Culture, Society and our Democracy.  

Joshua A. Cohen has always wanted to be a pamphleteer. He considers it to be one of the noblest professions to come to us from our American heritage. Josh takes particular inspiration from Thomas Payne, the author of the original "Common Sense," who drifted from job to job until he found his life's purpose in Pamphleteering. While Josh hopes to find the inner peace that Payne did as a Pamphlet pusher (until he died broke in a NY gutter) , he looks more to Samuel Adams for his fashions cues (who by the way, was not really a brewer -- he too drifted between jobs).

 

 

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