Ugly File Sharing Debate #1

What’s Wrong With The
Music Industry?

By Jason Milburn

Jason used to run Burning Records. [Interesting note about the above graphic. If you don't recognize it, this logo was used on vinyl records back in the 80s to stave off the "home taping phenomenon," which was going to "kill music." Seeing it now provides an interesting facet of the file sharing debate, doesn't it?]

I had a revelation today while listening to the new Dashboard Confessional and Switchfoot CDs. If you’re like me, you’ve been reading Rolling Stone’s reports on the woes of the Music Industry, in the form of falling revenues and rampant online music swapping. Or maybe you’ve caught similar buzz from wherever you get your news – stores are closing, people are buying less music, and powers that be are panicking. So, I’m throwing in my two cents.

First, let me answer that nagging question leading this story: nothing. That’s right, I said there is nothing wrong with the music industry. Now, you can’t assume I’m ignorant, after all, I cited my knowledge of current conditions in the marketplace. For what it’s worth, I ran a record label for 2-1/2 years that some HM readers bought CDs from, and I keep up to date on the latest and greatest as much as I can. My CD collection count is coming up on 1,500; so I hope any comments I make about the quality of music carry a little weight. With that said, I still say there is nothing wrong, so let’s get on with the ‘why’ of it.

I’ll try and stick to three main issues regarding the industry and this topic, and I’ll be brief: Quality, Revenue, and Downloading Music Online. I’m not an expert, so take this for what it’s worth – an opinion of an avid music fan.

Quality of music: Look, there is one simple fact to keep in mind – there will always be crappy music; there will always be great music. I don’t buy into the mindset that anything from a huge corporate power sucks (and conversely that indie music is therefore generally superior). Also, anyone who poo-poo’s ‘Christian’ music as sub-par is either deaf or doesn’t listen to enough ‘secular’ music. There are some great artists out there, and there is plenty of produced meaningless noise – on both sides of the fence (if you must put one up). There will be times that you feel there is a lot of poorly made music out there, and there are times when a bunch of records come out that are genuine, moving masterpieces, and many in between. Don’t complain about the quality of music being released. Simply find the great ones and buy all their records, and quit buying everything else.

Revenue: This is the one causing all the news coverage and some serious moves by the industry, legal action against music downloading, cutting back of jobs and stores, etc. There are many factors to the problem, including economy, pricing, yes, downloading, etc, and I have no answers except that what is happening is normal cause and effect. Business is cyclical, and the economy is cyclical. Also, when you raise prices higher than people are willing to pay, then sales drop. AND when you don’t move on new technology, your sales drop. But I stick with my answer at the beginning of this article – nothing is wrong. In some ways, what is happening is a good thing. Prices are coming down, record labels are having to change to meet consumer expectations, and ultimately they will have to release music we actually want to buy (I hope), packaged and priced the way we want it.

I’m not going to cry if the local FYE shuts down, because I can walk into my local Best Buy and get the same CD for $4 less. We’ve lost a lot of mom and pop shops, but things will turn around and your niche stores will come back, and the good ones will survive. All this leads me into the hot topic of the moment:

File Swapping: Napster popularized it, faster internet connections helped it spread, and everybody jumped on board. Who doesn’t want free music? Thinking about buying a CD? “Let’s see if their songs are any good.” Or maybe you’re like many others of the computer literate crowd, just grabbing as much music as you can. I used Napster, then Kazaa for a bit, then uninstalled it for 2 reasons – it’s annoying and it’s stealing. Besides, I like buying the CD, checking out the artwork, and supporting the artist that I am a fan of, but that’s just me.

My views on this are simple. The music industry needs to catch up and offer an alternative, and price their CDs reasonably, with cool bonus materials. They are finally doing all these things. I’m looking forward to checking out the DVD that came with my Dashboard Confessional purchase. As far as the individuals getting sued for downloading music, it’s extreme, but I understand the approach of sending a message; and, after all, maybe it will wake up a generation (myself included) and force us to have a little more integrity. It doesn’t matter if CEO’s are lining their wallets with high prices, it doesn’t justify stealing. I tell this to myself, because I was right there in the beginning, but my conscience got the better of me (for the record, long before anyone took legal action).

Hard times can build character, change the way we think, take us in new directions, and hopefully strengthen us as we come out the other side. I’m betting this season for the music industry will result in better business models, and better music in the future. In the meantime, I’m spinning Dashboard and Poison The Well over and over again.

Music industry – do what needs to be done, with consumers guiding you down the road. This is one music fan that will buy a reasonably priced CD from my favorite artists any day. And about that single I downloaded a year and a half ago – I deleted it from my computer, I promise.

Copyright ©2003 HM Magazine, LLC.

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Other Stories:

• Ugly File Sharing Debate #2
• Ugly Facts & Figures of Christian Rock
• Ugly Atticus Fault Interview
• The Ugly Bruce Fitzhugh Interview
• SXSW 2002 Recap
• You Say You Want A Record Deal?

saw somethin pretty funny... downloading music is stealing and I saw this add that said" down load Christian musicFREE" hmmm... thinkin what I'm thinkin? just thought I'd share
Posted by: xBONNIEx on October 28, 2003 05:13 PM

The reason downloading music reduces income is simple - people can actually listen to an album before they buy it, and then not waste money on awful records that have one or two decent hits. The record industry has always counted on that (just look at the 80's) - get a good hit single, and the mindless masses will buy the CD of filler. Now they aren't so mindless. This article is totally right. Great job.
Posted by: Matt on October 29, 2003 10:24 AM

What I want to know is...when I go to a second hand store and buy a used CD, who makes the money there? Why are we complaining about somebody getting paid when that's not the issue - the issue is delivery and staying AHEAD of technology. The industry is stuck in a rut and college kids are just eaier to blame then themselves! The reason file sharing is popular is because the media used isn't out of date yet.
Posted by: Rob on October 30, 2003 12:41 PM

I do not really see what the point is about downloading music. In the past yes people taped music off the radio, and then burned CDs for friends and now this. Why is the record companies upset now when we have been doing this stuff for years. Is it because they are trying to rip us off by creating less quality music on the CDs and only releasing the best songs on the radio to see if we will take the bait and buy a CD that sucks. I mean I still buy CDs, but I want to buy a CD that is quality. I want to be able to listen to the CD and say now that was worth my hard earned money. CDs cost so much and rarely do I buy a CD at $16 or $19 anymore unless IT IS REALLY WORTH IT. Buying a CD used now days is the best way to go, because for what the CD IS REALLY WORTH is how the used CD stores are going to sell it. You are right that the record companies need to start creating much better music and lowering the prices, because keeping the prices up should only be for bands who have the best and superior sound, quality and talent in the business which is now starting to fade away. Rock music is not rock music today, it is all crap and because of that now wants to buy full albums anymore because bands and record companies are not taking the music too seriously. When your fans stop buying your CDs and stop supporting you, then that must tell the band and the record companies that there is something wrong in what they are doing and they should then clean up their act or they will gone as with the dinosaurs.
Posted by: Tom on November 1, 2003 03:55 PM

well put bro...rock on
Posted by: JOSH on November 10, 2003 03:32 PM

Is downloading an MP3 from MP3.COM stealing? Well let's look at it. Vivendi Universal owns MP3.COM and is also one of the big record companies. They put the download button on the site so if it's stealing their action is entrapment. I say if the MP3 comes from the record company or the bands own website then it's advertising. On the other hand if you download from a private individuals computer an MP3 by a band which is not their band that is stealing. If bands/record companies want a revenue stream from downloads they should set up a subscription site/area within their site and put exclusive content there. The internet is not going to go away so the music industry should learn to use it.
Posted by: Steve on November 12, 2003 03:40 PM

The use of tools like KaZaA, et al. isn't necessarily stealing, as implied in the article -- many people use them very legitamately. Take for example, your local indie bands. They'll record their CDs, and they'll place their music on such tools because that's where the fanbase looks for music. On another note, is it really stealing if you wouldn't have bought it anyway? The industry likens it to stealing something physical, but there is a huge in very important difference here: the amount lost. Suppose I had a device that could clone a Camaro -- and a friend willing to let me copy his -- would it be stealing to do so? Obviously not. At worst, it could be considered copyright infringement. And then it's debatable : if I wouldn't have bought the CD to begin with, is there really any damage to the copyright holder?
Posted by: Cory on November 12, 2003 05:53 PM

Let me just get one thing straight - downloading music is not stealing, and anyone who labels it as such is entirely unaware of the laws surrounding this issue. Downloading music is prosecuted under copyright infringement. So if you want to comfort your ailing conscience (and it SHOULD be ailing) by claiming that you are not stealing - you are absolutely right. You are not stealing. You are violating copyright laws. And contrary to previous posts - copyright infringement is not debatable - it is very black and white. With certain notable exceptions like MP3.com and the small artists who actually have the right and desire to place their art in the file swapping arena, if you download something protected by copyright and you did not pay for it - you are violating copyright laws. I personally don't care if you are previewing an album. I don't care if you only want one or two songs. I don't care if you don't have the money to buy the album. I don't care what your excuse is (and they are just that - excuses to justify violating the law) - you are STILL violating the law. And you are in the wrong. If that ONE song you want so badly from an album soaked in mediocrity is not worth 18-20 bucks, then you STILL don't have the right to break the law and download it. Most importantly, I think it is sad that, to me, what shoud be the biggest aspect here is being entirely neglected. Most of us are Christians. And I'm sorry, but there is absolutely no way to mediate a Christian ethic with copyright infringement. EVEN if we despise that big bad record label. Do I believe that the Beast that is record labels rips off artists and participates in an appalling practive of legalized theivery? Absolutely! Well, even if we think they are wrong, are we then as Christians justified in violating established laws and in essence depriving that same label, and occasionally the artist, of their deserved (albeit detestable) revenue? Hopefully even a lackadaisical skimming of Scripture will reveal a crystal clear, "No." It is not right to repay evil with evil - even if you think you are doing so in the name of "further the industry's technology." It's called integrity you guys. I don't understand how we as Christians can muddy such a blatant issue of right and wrong to such an egregious degree. It is wrong to download music that you do not have a right to. Period. End of discussion.
Posted by: Cade on November 12, 2003 08:33 PM

This really bothers me. I'm not stealing anything, I'm previewing before I buy. It's like those little CD listening stations at Best Buy or where ever. You listen to the songs, enjoy them, then buy the CD if you wish. I just listen to the songs I download until I have the money to buy the CD, and then I buy the CD. If I download a band that sucks, I just delete the songs and no harm done. If anything downloading has helped to INCREASE the sale of CDs (at least, in my case) because before this, I had no idea who out there was good and who was bad. I knew band names, but there was no way I was going to waste $20 on a Staind rip-off band, it wasn't worth the risk. Now that I am able to preview the band before buying their CD I own 120+ CDs and the number is still climbing. I still go to the concerts and buy the T-shirts of my favorite band. I support my favorite musicians (if I didn't, they wouldn't be there to provide me with music) and downloading music has let me figure out who I want my money to go to.
Posted by: Jon on November 18, 2003 09:59 AM

OK, the recording industry makes rules - they decide what they will pay the artist, they decide what they will charge. And we are Scripture bound to obey their rules. It's OK if they decide to rip off the artist (which they do) It's not OK if someone makes her own rules about making it OK to rip them off. There's some logic somewhere but I don't get it, except the part about the meanest wolf becoming the alpha, and that those who pay to have laws passed have the higher moral ground. The rest are Scripture-bound to follow. Then I sort of go all cross-eyed when I see the mix of values in Sony complaining of music downloads, while making a killing out of selling CD and DVD burners, which, every last one of them, will be used for legal purposes... Yes, it's not the gunmaker that should be blamed of the shot.
Posted by: Yama Ploskonka on November 26, 2003 01:13 PM

I don't think that there is anything wrong with downloading music or entire albums for that matter. Just buy the album eventually. I think the music industry needs to include extra incentives for us to buy the albums like bonus tracks available only at an exclusive web site or whatever. Something is going to change soon and someone's got to be the one to change things. Will it be you?
Posted by: Steve Oleksiak on December 2, 2003 09:24 PM

hey uhhhhh if downloading music, and storing it on your computer is stealing, then downloading music from the radio, and storing it on a tape recorder is stealing I been a thief since I was like 11 with my crappy tape recorder, I would think if it was stealing or a violation of the copyright laws, then kazaa and other file sharing networks would def. be shutdown, but they aren't because well frankly it's an open issue as of yet, What if someone has a photographic memory, then the radio and their head is violating the copyright laws, The radio stations are in a sense violating the copyright laws, they buy the albums//music, then we all sample, and download the music to our brains, I have that song, oooh baby baby it's a wild world, by Cat Stevens rolling around in my head, I can't get it to stop, It's all the same premise as the days of taping the radio, but back then, everyone was open to "freedom" to do this or that, but now everyone is so uptight and worried about every little thing, they are sue happy! Metalica has made millions upon millions offa their music, yet that's not good enough, so they lobby with "the man" to shut down audio galaxy and the likes of Napster, They sold out to "the man", they really surprised me, it's like they were lying about their image all that time, with hits like "and justice for all", and claiming they were so radical, Really they were just selling the notion, and posing for the position, when the truth came to the surface, they were just a bunch of greedy, spoiled rich people, who were worried, about some music getting downloaded for free, They never complained about their music being taped, and traded before, Music has been being taped and traded, swapped, and given out since the day tape recorders became easy access, but they never complained, until it became a hobby to lobby, to become greedier and greedier, Show me one band that's went broke due to file sharing, there is none because it's not that big a deal, not as big a deal as taping albums and giving them away as has been the habit of most of us for the past few decades. I remember taping hundreds of albums, and others doing the same, we all shared our albums, and then cd's this way, for that past 25 years, but now it's become chic to whine and dine with "the man" when you get filthy rich........ Metalica, you bunch of whining sissies, GROW UP FINALLY!
Posted by: ken ketchum on December 14, 2003 11:14 PM

Once upon a time all I listened to was Christian music, specifically metal (long live Believer and The Crucified!). Back in those days, I purchased cassettes. Since then, not only have my musical tastes grown, but so has the medium in which I listen to them (thank you, iPod!). Today I was on iTunes and downloaded Stryper's THWTD album (isn't that funny that I still call it an album?), and was wondering why other bands aren't jumping on this bandwagon (I'm talking to you, Bloodgood, Deliverance, and One Bad Pig). As I understand it, 90% of the money made from legal downloading goes straight back to the record companies, and to a much lesser extent, the musicians. I know it isn't perfect, but there are many like me who would love to be able to listen to some of the classic metal songs of the 80's and early 90's and are either unable to locate any CD or digital copy of the music or are unwilling to be taken advantage of by hucksters who would charge exorbiant prices for our memories. My point is that in this day and age, it shouldn't be a chore to get and enjoy the music I want, especially when technology can make it available to whomever wants it. Thanks for your time.
Posted by: Gary Artman on December 22, 2003 03:35 PM

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