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<title>Techdirt. Stories about &quot;tunecore&quot;</title>
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<image><title>Techdirt. Stories about &quot;tunecore&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 30 Jan 2013 15:52:50 PST</pubDate>
<title>TuneCore Fires Last Remaining Founder, Gets Into Ridiculously Petty Fight With Jeff Price</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130130/12151521828/tunecore-fires-last-remaining-founder-gets-into-ridiculously-petty-fight-with-jeff-price.shtml</link>
<guid>http://www.techdirt.com/articles/20130130/12151521828/tunecore-fires-last-remaining-founder-gets-into-ridiculously-petty-fight-with-jeff-price.shtml</guid>
<description><![CDATA[ Last summer, we wrote about some of the bizarre happenings at TuneCore, a very cool and useful service that has helped more musicians actually <i>make money</i> than probably any other service out there, ever.  It basically became the de facto standard for musicians who wanted to get their music into the various top digital music stores.  TuneCore was founded by Jeff Price -- who is known for being opinionated and not afraid to share his opinion.  This rubs some people the wrong way, but even when I've disagreed with Jeff, I've always found him to be completely genuine in his singular belief that the most important thing to him was to help artists as much as possible.  Many people who have dealt with TuneCore over the years quickly realized that Jeff <i>was</i> the driving vision and heart behind the company.  However, last summer, he was <a href="http://www.techdirt.com/articles/20120815/15194320063/inexplicable-jeff-price-pushed-out-tunecore-despite-tremendous-success-helping-artists.shtml">pushed out</a> under questionable circumstances with no explanation from the company or its board  (who has maintained a pretty uniform wall of silence).
<br /><br />
Over the last few days, it seems that more has developed, which raises some serious questions about the priorities of TuneCore management and its board. What has become clear (and confirmed from multiple sources) is that TuneCore's lawyer from the law firm of O'Melveny &#038; Myers, contacted Price to say that it was "investigating" whether or not he had "faked" a $500 invoice from a trip.  Apparently, the invoice came from a bed and breakfast that Price stayed at <i>because it was cheaper than a hotel</i>, and where he paid cash, because the operator of the BnB offered a discount that way. TuneCore's lawyer is arguing that no legitimate lodging would send a Microsoft Word document as an invoice -- and thus, he must be faking it.  One wonders just how much TuneCore is spending on its lawyers to "investigate" a single invoice for a $500 reimbursement.
<br /><br />
The situation led TuneCore co-founder Peter Wells to send every shareholder at the company an email arguing that this was a ridiculous move, a waste of time and money and clearly just an attempt to embarrass or intimidate Jeff.  It also raises serious questions about TuneCore's priorities at the moment.  Is it about serving artists, or about attacking their founder and fired CEO Jeff Price?  The full letter Peter sent is included at the bottom of this post, but this key line is the important one: "We at TuneCore ask artists to trust us with their music, their money and their relationships with iTunes and Amazon and more. How can we ask them to trust us if we act like this towards our own?"
<br /><br />
As I was trying to learn more about the details behind all of this, the other shoe dropped.  The third co-founder of the company, and the only remaining co-founder still employed by TuneCore was fired earlier today, with some believing it was some sort of retaliation for Peter's email to the shareholders, and as the company continues to try to maintain a wall of silence.
<br /><br />
Jeff Price, too, is upset about this whole situation.  He told me that his main concern is that this whole thing is a distraction for the company, and that he feels he has "an obligation to the artists to have TuneCore reach its potential."  He also noted that the fact that the company is focusing on this is "heartbreaking" before going on to note:
<blockquote><i>
The idiocy here is beyond me.  It just makes me so sad.  I get called out for being on a company business trip where I saved the company money. It's just so strange.  I don't get it.  Why is the company spending  its money this way?  What's the end game?  How does this benefit the company?  If they're capable of doing this to me, what are they doing for artists?
</i></blockquote>
As for the supposed "faked" invoice, I've got an email from the woman who runs the bed and breakfast, explaining that she rents out her place via AirBnB, and that for "return guests" that they liked, they would often just deal in cash with invoices (which they report as income) and charge a slightly lower rate (I assume to save on the AirBnB fees).  She confirms Jeff stayed and that while a Word doc is not very "formal" -- it is legitimate.  Thus, it appears that this was, indeed, a case of Jeff saving TuneCore money.
<br /><br />
Others -- including shareholders and customers of TuneCore -- are speaking out, and many are quite concerned about the direction of the company.  Gian Caterine, who for years was TuneCore's CFO was incredulous about the accusations against Jeff and quite worried about the future of the company itself.  Regarding the idea that Jeff might fudge a $500 bed and breakfast invoice, Gian found that to be "ridiculous."
<blockquote><i>
Jeff is the "king of coach."  He's such a frugal guy.  Of all the criticisms you could have about Jeff, stealing $500 is not on that list.  It's ridiculous.
</i></blockquote>
But his much larger concern was what all of this meant for the company.
<blockquote><i>
It looks like the company has lost its path.  There's no one left at TuneCore that has any meaningful background in music.  Jeff was always the spokesperson for musicians' values. There's no evidence that the company has any vision, and I can only see this leading to a loss of credibility among artists.... There's a big, big issue with vision and leadership now.  They have not articulated a vision and there's no one with the necessary experience left to help.... I don't know if it's ignorance or arrogance, but the damage is pretty severe.
<br /><br />
Rather than pointing fingers at Jeff, they need to get on with it.  The whole situation leads me to believe that there's something <b>really</b> wrong that has nothing to do with Jeff.
</i></blockquote>
Another shareholder, Joel Morowitz, who helped co-found Jeff's previous company, the indie label SpinArt, was similarly angry about the attack on Jeff and what it meant for TuneCore.
<blockquote><i>
Personally, and as a shareholder, I am absolutely disgusted by these allegations against Jeff. It reeks of desperation and diversion. I have known Jeff for over 30 years, and while no person is perfect, I can personally attest to his high ethical standards, especially with regard to his tenure at Tunecore.  More than anyone, you know how much time and effort he put into it. And now, after building Tunecore into the undisputed leader in the field, and quite literally, changing the model of the music industry, they now shout "lack of confidence" and "mismanagement"!?  It just doesn't wash...and they know it. They have never been forthcoming about Jeff's termination.
</i></blockquote>
He further pointed out that having a law firm investigate a $500 reimbursement is nothing more than "wasting valuable time and resources," questioning just how much the law firm was charging for such an investigation: "the sum of the bill is most likely far greater than the amount being disputed."  Again, he is at a loss as to why there's this focus on attacking Jeff:
<blockquote><i>
I am so saddened that this situation has devolved into a stalemate. Instead of focusing on the continued growth and diversification of Tunecore, they have chosen to turn this into a battle against Jeff.  It is abundantly clear that whatever the real reasons are for Jeff's termination, Tunecore has been on the decline since his departure. Jeff was certainly not without controversy in the public eye, but no visionary CEO ever is.  He was the clearly best person for the job.  What do we have now?....a company with no vision, no direction, low morale, and most importantly, no effective leadership.  
</i></blockquote>
I've also been speaking to a few TuneCore's customers, who have expressed similar concerns.  Andy Richards, who notes that he was TuneCore's 23rd customer way back in the beginning after randomly finding them online, notes that Jeff always struck him as "an extremely driven and passionate entrepreneur, but above all, a music fan who truly respected the artists with whom he worked."  Furthermore, he notes that he's still on TuneCore, and hasn't seen any direct changes yet, but he's "definitely keeping an eye on things and will jump ship if I don't like what I see."
<br /><br />
Disputes between startup management and investors is nothing new.  We see it in the startup world <i>all the time</i>.  Sometimes it does just make sense to bring in new management, but for companies built around driven and visionary CEOs, such changes can be quite problematic, especially when they leave a complete void where the vision used to be.  The fact that TuneCore now seems focused on simplistic and petty disputes about a $500 reimbursement -- even to the point of accusing Jeff of having faked the invoice seems to raise serious questions about just what the company is focused on these days.
<br /><br />
Over the past few days, I've reached out to every single board member at TuneCore, along with key remaining members of the management team.  I've heard nothing from the board.  However, just as I was about to go to press with this story, I heard from a PR person (he apparently leads the "crisis communications" team at his PR firm) who told me that he didn't think this was a matter that the press should be concerned with as it's a "private" issue.  He then issued a further statement:
<blockquote><i>
Tunecore focuses on its core business of helping artists reach their fans and consumers.  It is expanding into Japan, Canada and on campuses, and has several exciting initiatives on the horizon which will increase its value to its artists/customers.  The matter of the dispute is one more appropriately handled behind closed doors with the parties&#8217; attorneys, and if necessary, in a courtroom.  It is not for public consumption, nor does it have any bearing on its work toward its core mission.
</i></blockquote>
The company offered no comment at all on Gary Burke being fired, saying there was nothing to say on the matter.
<br /><br />
Again, disputes between management and investors are a common plotline in the startup world.  But this one seems particularly messy, and unfortunate, given the large role that Price and his cofounders played in turning TuneCore into such a large player in the space.<br /><br /><a href="http://www.techdirt.com/articles/20130130/12151521828/tunecore-fires-last-remaining-founder-gets-into-ridiculously-petty-fight-with-jeff-price.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130130/12151521828/tunecore-fires-last-remaining-founder-gets-into-ridiculously-petty-fight-with-jeff-price.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130130/12151521828/tunecore-fires-last-remaining-founder-gets-into-ridiculously-petty-fight-with-jeff-price.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>destroying-its-credibility</slash:department>
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<item>
<pubDate>Wed, 15 Aug 2012 15:43:46 PDT</pubDate>
<title>Inexplicable: Jeff Price Pushed Out Of TuneCore, Despite Tremendous Success In Helping Artists</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120815/15194320063/inexplicable-jeff-price-pushed-out-tunecore-despite-tremendous-success-helping-artists.shtml</link>
<guid>http://www.techdirt.com/articles/20120815/15194320063/inexplicable-jeff-price-pushed-out-tunecore-despite-tremendous-success-helping-artists.shtml</guid>
<description><![CDATA[ We always talk about how various industries are changing such that gatekeepers are <a href="http://www.techdirt.com/articles/20120730/04581519877/patton-oswalt-explains-that-there-are-no-more-gatekeepers-entertainment.shtml">history</a> and <a href="http://www.techdirt.com/articles/20110927/01281116105/no-internet-doesnt-do-away-with-middlemen-it-just-changes-their-role.shtml">enablers</a> are the future.  One of the most impressive enablers around in the music industry has been TuneCore, a company built up over the last half-decade or so to provide artists with direct access to various digital distribution channels that were previously closed to them.  TuneCore, co-founded and run by Jeff Price, had a singular vision of doing everything to make life better for musicians.  They didn't take a cut of the royalties -- you just paid a flat-fee to use their service.  They had <i>very</i> clear reporting and payments for artists -- basically the exact opposite of how major labels worked.  Most recently, they set out to revolutionize the publishing business, and were well on their way towards that goal as well.
<br /><br />
And, because of that, TuneCore, in many ways, surprised much of the industry while upending much of the industry.  Many of the core functions that artists previously relied on labels for, TuneCore did better, in a more useful way, without asking the artists to hand over all their copyrights and 85% of their revenues.  It became such a standard thing that almost every indie musician I spoke to used TuneCore, and many big-name musicians started moving in that direction as well.
<br /><br />
The company was founded by Jeff Price, Peter Wells and Gary Burke a little over six years ago, and achieved some impressive things in that time.  Jeff, as CEO, was pretty famous for his outspokenness -- and we've <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=jeff+price">quoted him</a> multiple times.  He was certainly quick to point out all of the fallacies of the old RIAA way of doing business, which upset some of those legacy players, but it was clear from the beginning that what Jeff Price wanted most was to help artists.  He, unlike so many, recognized the challenges <b>and the opportunities</b> musicians faced, and wanted to help get them past the challenges and reach the point of enjoying the opportunities.
<br /><br />
I only met Jeff for the first time a few months ago, and saw him one more time after that, but he was one of those people that never seemed to stop focusing on a singular goal: making things better for artists, and helping them embrace what the internet enables.  And from everything I've seen and heard, he was amazingly successful in doing so.  Multiple artists I've talked to have spoken highly of TuneCore and what it enabled them to do.  I didn't always agree with Jeff on everything (though I probably did more often than not), but even when we disagreed, it seemed to be over our interpretations of which way forward would actually be best for the artists themselves.
<br /><br />
So I was surprised to find out that <a href="http://artistcore.blogspot.com/2012/08/an-open-letter-from-tunecore-founder_15.html" target="_blank">Jeff Price (and Peter Wells) have both been pushed out of TuneCore</a>.  I've spoken to a number of people associated with the company, and all of them are shocked and dismayed that Jeff and Peter are gone from the company.  I've tried, multiple times, to get the main VC backing the company, Gill Cogan from Opus Capital, to comment on the situation, to no avail.  But, many, many people stepped up to speak out strongly on Jeff's behalf.  You can read Jeff's open letter linked above, in which he talks about all the company accomplished:
<blockquote><i>
Under our tenure, TuneCore took significant market share away from the traditional major labels. As of July, 2012, TuneCore artists represent over 4% of all US gross digital music sales revenue and have sold over 610,000,000 units of music generating over $310,000,000 in gross music sales. More than four songs a second are sold on iTunes somewhere in the world by a TuneCore artist. Through the execution of the vision and the trust of the artist, TuneCore achieved about 40% of the market share of EMI and 25% of the market share of Universal in regards to digital music sales in the United States.
<br /><br />
We were also able to attract artists across the spectrum: from emerging artists to the older legends and the new legends. Artists such as Drake, Soulja Boy, Sonic Youth, Nine Inch Nails, Zac Brown Band, Hoodie Allen, Civil Wars, Lecrea, Boyce Avenue, Kelly, Colt Ford, Ed Sheerhan, Alex Day, Aretha Franklin, Jay Z, Girl Talk, Blood On The Dancefloor, Jason Mraz, Nice Peter, Tiesto and hundreds of thousands more used TuneCore to place number one albums and songs on iTunes, Amazon and many other digital stores, breaking the control of the traditional industry while democratizing it.
</i></blockquote>
I spoke to Jeff to get a bit more background.  While no one is willing to say why or how Jeff and Peter got pushed out, it seems pretty clear that this was not what Jeff wanted -- and not what many people involved with TuneCore wanted.  Jeff highlighted how everything he's done has been about focusing on the artist, and you can tell that he's worried that the company may no longer be able to do so (though, of course, he doesn't say that directly):
<blockquote><i>
We started the company with a mission and philosophy to make the world a better place for artists. I believe the success TuneCore has had under our guidance is based on never losing sight of that mission and philosophy.  Stay true to the DNA of the company and no matter how the market changes you can adapt with a rock solid foundation.  As the Founder and CEO I tried hard to instill my beliefs and passion into every aspect of the company, to never let the employees or board of directors forget the mission, the "why" of TuneCore's existence.   My hope is the philosophies, vision and mission statement that have allowed the company to succeed are so entrenched that it continues on the path created for it.  Serve the musician.  Thats how you, the artist, the shareholders, the digital music stores and the consumers win.
<br /><br />
The challange becomes when a company loses that vision.  Neither Peter or I are even remotely in the league of Apple or Steve Jobs, but you look at what happened to Apple when John Sculley came in as CEO.  He changed the Apple vision from making "insanely great easy to use products" to one of "making money at any expense".  When Jobs came back and reinstituted his vision Apple soared again.  Its the vision that drives the success and revenue, not the other way around.  We did everything we could to instill the vision as deeply as we could.  We just hope it sticks.
</i></blockquote>
I reached out to Peter, as well, who seems equally baffled by the situation, noting that the company had been doing great, hitting all of its goals (and more):
<blockquote><i>
Astonishing success under the original regime, really--that's been TuneCore these last few months. We fulfilled our promise to create a Publishing side, with a new office in Burbank, CA, and it represents another revolution for artists, the next step along the path we started along when the company launched. Back in New York, things have been fantastic, up to and including a launch of the new look of the TuneCore home page, which Gary, Jeff and I helped shape and which I think is superb. This real success makes me all the more puzzled at very recent developments
</i></blockquote>
Peter noted that he was saddened about losing his own job, but that his reaction to Jeff being pushed out was on another level altogether:
<blockquote><i>
"Stunned" doesn't begin to describe it. Okay, so the company asked me to leave--I can accept that, I'm a founder at heart, the company is no longer a startup, perhaps it's time to move on. But Jeff is the heart and soul of TuneCore, and frankly, its brains. No one knows this space like he does, especially when it comes to publishing. I said earlier that TuneCore was having astonishing success--it is, and that's due to a lot of hard work from a lot of brilliant people (whom Jeff found and convinced to come on board). It's also due to Jeff's vision and leadership. Why on earth would Jeff be asked to leave? Why now, in the face of so many successes, and on the cusp of doing for publishing what he'd already proven he could do for distribution? It makes no sense.
</i></blockquote>
I reached out to some others who were intimately involved with TuneCore from the early days onwards, and they too are somewhat shocked at this turn of events.  One of the original advisors to the company, George Howard, who is an executive VP at Wolfgang's Vault, told me that Jeff was astoundingly good at accomplishing what he set out to do with TuneCore:
<blockquote><i>
Jeff is one of the few people who has genuinely moved the business forward.  So many people talk about what the business could/should/might be, but Jeff actually had a vision and brought it to fruition with his founding and running of TuneCore. That's the key: bringing something to fruition.  Jeff actually gets things done - implementing a vision via his role as CEO. In so doing, he, by creating a system that provided access to thousands and thousands of musicians who had - prior to Jeff's implementation of a vision - been denied access by industry gatekeepers, undeniably changed the music business for the better.
</i></blockquote>
Similarly, Dick Huey, a long-time music business insider, who was an early advisor to TuneCore, seemed equally surprised at the removal of Jeff, and reiterated some of the things he'd been able to accomplish in spite of all the odds:
<blockquote><i>
TuneCore was all Jeff.  I remember the dinner where he first ran the idea past me, along with the old company name.  I thought the idea sounded radical (it was), I thought there was a fair chance it wouldn't work (I was wrong), and I knew I wanted to be involved as an advisor (I am).  Jeff didn't doubt the idea from the outset, and since we started talking about this, I'm not sure I've met a more tireless leader who is more singularly focused on executing on his vision.  I feel pretty strongly that Jeff came onto this concept in a moment in time, just at the outset of artists starting to realize that digital distribution could be for everyone, not just signed artists.  And he executed, and built what I consider to be a successful, remarkable, and growing business.  I believe there are few individuals who could have delivered on this business idea the way Jeff has done for TuneCore.
</i></blockquote>
Huey also went to great lengths to highlight the many, many things that Jeff accomplished with TuneCore that most others wouldn't have bothered with, or wouldn't have even thought to bother with.  He detailed how he got Apple to allow TuneCore to be a key entry point to the iTunes store for unsigned (and signed) artists, taking control from the gatekeepers.  He talked about establishing better standards for reporting and payment.  He talked about all of the many artists that TuneCore helped to be able to make a living.
<br /><br />
When I asked Huey if he was comfortable with TuneCore without Jeff at the helm, he didn't hold back on his concerns:
<blockquote><i>
I'm extremely concerned about the direction of the company without Jeff at the helm, as a shareholder in TuneCore, especially given the lack of information available about  why he is no longer there.  It should be clear from my responses to your questions that I consider Jeff Price to be the man who started or drove every major initiative at TuneCore of which I'm aware.  I've heard no announcement of a new CEO, and I'm suspect that Jeff could even be properly replaced, given his unusual and unique combination of outspokenness, deep industry knowledge, wholehearted commitment to the company and to its staff.  Jeff made you a believer, and even if you didn't believe, detractors largely respected his vision and commitment.  
</i></blockquote>
I've been interested in companies that help enable artists for a long time, and I've seen over and over again that these companies almost always succeed on the strength of their leadership -- a leadership that is committed to going to incredible (and seemingly impossible) lengths to actually help content creators, rather than feeding an old industry that looked to feed gatekeepers.  I was surprised when I started to hear rumors of Jeff's ouster, and in talking to a bunch of folks, I've yet to find anyone who seems to think any of this makes sense.
<br /><br />
I've spoken to some other people as well and may do some followup on this.  In Jeff's open letter, he notes that he and Peter "look forward to continuing to change the industry on a global scale" and hints at something new coming soon.  Peter, too, seemed eager to get started on something new, so I get the feeling this won't be the last we hear from the two of them, though I do wonder what will become of TuneCore without their leadership.<br /><br /><a href="http://www.techdirt.com/articles/20120815/15194320063/inexplicable-jeff-price-pushed-out-tunecore-despite-tremendous-success-helping-artists.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120815/15194320063/inexplicable-jeff-price-pushed-out-tunecore-despite-tremendous-success-helping-artists.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120815/15194320063/inexplicable-jeff-price-pushed-out-tunecore-despite-tremendous-success-helping-artists.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-good-news-for-artists</slash:department>
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<item>
<pubDate>Mon, 25 Jun 2012 12:06:00 PDT</pubDate>
<title>Some Facts &#038; Insights Into The Whole Discussion Of 'Ethics' And Music Business Models</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120625/01011219455/some-facts-insights-into-whole-discussion-ethics-music-business-models.shtml</link>
<guid>http://www.techdirt.com/articles/20120625/01011219455/some-facts-insights-into-whole-discussion-ethics-music-business-models.shtml</guid>
<description><![CDATA[ I know we've written a few times now about David Lowery's now infamous <a href="http://www.techdirt.com/articles/20120619/11493419390/david-lowery-wants-pony.shtml">shaming of an intern</a> because she apparently doesn't give him enough of her money, but that story keeps getting attention.  Thankfully, a lot of that attention comes in the form of people from all over the music business popping up to explain (1) how Lowery's factual claims are false , (2) his ethical claims are silly and (3) it's time to get with the future, rather than pine for a mythical past that never existed.  Here's a collection of some of the more interesting such posts.
<br /><br />
First up, we have Jeff Price from Tunecore -- the company that helps thousands of artists release and sell music.  Jeff has more data on how artists make money than probably anyone else alive.  And he says that <a href="http://blog.tunecore.com/2012/06/the-intern-the-artist-the-internet.html" target="_blank">nearly all of Lowery's factual claims are wrong</a>, or at best, misleading.  Here's a snippet, but the whole thing is worth reading:
<blockquote><i>
Well here&#8217;s some truth about the old industry that David somehow misses.
<br /><br />
Previously, artists were not rolling in money. Most were not allowed into the system by the gatekeepers. Of those that were allowed on the major labels, over 98% of them failed. Yes, 98%&#8232;.
<br /><br />
Of the 2% that succeeded, less than a half percent of those ever got paid a band royalty from the sale of recorded music.
<br /><br />
How in the world is an artist making at least something, no matter how small, worse than 99% of the world&#8217;s unsigned artists making nothing and of the 1% signed, less than a half a percent of them ever making a single band royalty ever?
<br /><br />
Finally, as much as I hate to say it, being an artist does not entitle the artist to get money. They have to earn it. And not everyone can.
</i></blockquote>
This is a point that Lowery and his friends always ignore: because they don't count all the bands that failed under the old system.  Those artists don't matter to them.  The fact that those guys can make <em>some</em> money today where they made $0 before means nothing to them.  The only artists who count are the artists who used to make lots of money, but don't make much money any more.  Another example of Lowery being wrong that Price responds to is the claim that recorded music revenue to artists has been going down.  Price has data:
<blockquote><i>
This is empirically false. Revenue to labels has collapsed.  Revenue to artists has gone up with more artists making more money now than at any time in history, off of the sale of pre-recorded music.
<br /><br />
Taken a step further, a $17.98 list price CD earned a band $1.40 as a band royalty that they only got if they were recouped (over 99% of bands never recouped).
<br /><br />
If an artist sells just two songs for $0.99 on iTunes via TuneCore, they gross $1.40.
<br /><br />
If they sell an album for $9.99 on iTunes via TuneCore, they gross $7.00.
<br /><br />
This is an INCREASE of over 700% in revenue to artists for recorded music sales.
</i></blockquote>
Yeah, but you have to actually work at it now.  Go read Jeff's entire writeup.  It's pretty damning for Lowery.
<br /><br />
Next up, we've got famed musician/producer <a href="http://www.electricalaudio.com/phpBB3/viewtopic.php?f=4&#038;t=59318&#038;start=20#p1482891" target="_blank">Steve Albini's response</a>, in which he notes that Lowery's facts are wrong and he's pining for a past that doesn't exist and ignoring all sorts of new opportunities:
<blockquote><i>
In addition to vastly overstating the generosity of record labels toward artists in the old paradigm, Lowery openly sneers at the booming avenues for income that define the new music industry, merchandising and live performance.
<br /><br />
As is true every time an industry changes, the people who used to have it easy claim the new way is not just hard for them but fundamentally wrong. The reluctance to adapt is a kind of embarrassing nostalgia that glosses over the many sins of the old ways, and it argues for a kind of pity fuck from the market.
<br /><br />
It's doomed thinking. When it became obvious that the studio recording industry was not going to remain an analog domain, we built Electrical Audio to be as self-sufficient as possible so we could continue to use those methods we thought had important advantages despite changes in the greater industry. We didn't whine at the moon and expect the rest of the industry to indulge us. We also bought a Pro Tools rig to accommodate the sessions that weren't going to be done in the analog domain regardless.
<br /><br />
Adapt to conditions or quit. Bitching is for bitches.
</i></blockquote>
Next up, we've got successful "internet-era" musician Jonathan Coulton, who Lowery and his friends are claiming wrote a post supporting them.  But that's only if you read the beginning, where Coulton claims that he agrees with Lowery.  If you actually read the whole thing, Coulton's point is much more clear.  He agrees that artists should get compensated, but <a href="http://www.jonathancoulton.com/2012/06/20/emily-and-david/" target="_blank">scolding your customers is no way to do it</a>.  In fact, he talks about how exciting the future is going to be where more and more stuff is available for download for free, and how that will shake up lots of industries, beyond just music -- and just how <i>exciting</i> that is:
<blockquote><i>
This is my bias: the decline of scarcity seems inevitable to me. I have no doubt that this fight over mp3s is just the first of many fights we're going to have about this stuff. Our laws and ethics already fail to match up with our behaviors, and for my money, those are the things we should be trying to fix. The change is already happening to us, and it's a change that WE ARE CHOOSING. It's too late to stop it, because we actually kind of like a lot of the things that we're getting out of it. 
</i></blockquote>
My one quibble with Coulton is that he seems to accept it as fact that artists make less money these days.  His <a href="http://www.techdirt.com/blog/casestudies/articles/20110515/23234814274/another-exception-jonathan-coulton-making-half-million-year-with-no-record-label.shtml">own experience</a> and number from folks like Jeff Price above show that's simply not true.  It may be true that the small circle of folks, like Lowery, who had some success in the past under the old system, and who then fail to adapt, may make less money, but that's the nature of a competitive marketplace.
<br /><br />
Former record label guy Ethan Kaplan, whose insights we've <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=ethan+kaplan">discussed before</a>, also weighed in with a more <a href="http://www.blackrimglasses.com/2012/06/22/are-we-really-still-discussing-this-or-my-response-to-david-lowery/" target="_blank">philosophical take</a>, which is worth reading too.  He makes two key points.  As a guy who ran technology for Warner Music, he certainly has first hand knowledge about the role of innovation in the music business, and according to him, innovation was seen as a problem, because it broke the gatekeeper basis on which the old labels were built:
<blockquote><i>
Innovation was antithetical to value for content, as it diminished the use of accessibility  to increase relative worth.
</i></blockquote>
Get that?  He's pointing out that the labels' entire model was built on them being the gatekeeper -- limiting accessibility, in order to artificially suppress supply to keep prices high.  The problem with innovation is that it inevitably moves towards greater efficiency.  And that means pulling down artificial barriers.  In the end, that's what Lowery is really complaining about, even if he doesn't realize it.  He and his friends who once had some success as musicians face a more difficult world not because of unethical kids or because of technology... but because the way they used to make money was based on an artificial barrier that limited supply and competition, and allowed them to artificially inflate prices.  It was good for them, but sucked for everyone who was kept out of the market.  Why do you think this same crew is now arguing for a <a href="http://www.techdirt.com/articles/20120609/18110619264/new-elitism-file-sharing-created-pop-music-removing-gatekeepers-is-killing-culture.shtml">"new elitism"</a> and directly <a href="http://www.techdirt.com/articles/20120621/01282619409/why-do-people-who-always-ask-us-to-respect-artists-seem-to-have-so-little-respect-artists.shtml">insulting artists</a> who succeed through more open means?  It's because they want to go back to a limited supply.  That's not happening.
<br /><br />
And that brings up Ethan's second key point.  There is no right to make money:
<blockquote><i>
It is not a musician&#8217;s god given right to make money from their art. No one ever said this would continue as is.
<br /><br />
This is a hard lesson. It doesn&#8217;t mean that copyright isn&#8217;t important. It doesn&#8217;t mean that artists can&#8217;t make money. It just means that it&#8217;s not a given, nor is it the responsibility of others to make this possible.
</i></blockquote>
No one has ever had a "right" to make money from what they create.  They have a right to try to do so.  And many people have figured out how to do so under the current system.  Those complaining don't seem to understand that you don't just get to sit back and have people give you money.  You have to work at it, every day.  That's the lesson <a href="http://www.techdirt.com/blog/casestudies/articles/20120502/15324918745/how-amanda-palmer-built-army-supporters-connecting-each-every-day-person-person.shtml">Amanda Palmer</a> provided everyone with her <a href="http://www.techdirt.com/blog/casestudies/articles/20120601/01173819160/amanda-palmer-raises-12-million-kickstarter-crowd-goes-wild.shtml">massively successful</a> fundraising.  She didn't raise that money based on any "ethical" arguments or anything having to do with copyright at all.  In fact, she's <a href="http://www.techdirt.com/articles/20120524/02293219056/amanda-palmer-steve-albini-piracy-it-only-helps-musicians.shtml">explained</a> how infringement has always <i>helped</i> her.  She's able to do that because she <i>works hard every single day</i> to not just create great music, but to connect with her fans at a very deep level.  She doesn't scold her fans -- she celebrates them.  And because of that, she can make a ton of money and her fans love her for it.
<br /><br />
Finally, we've got musician Travis Morrison, who was in a decently successful band (Dismemberment Plan) for a while and now works for the Huffington Post.  He points out that this argument that there's some sort of ethical issue with the "kids these days" ignores the fact that <a href="http://www.huffingtonpost.com/travis-morrison/hey-dude-from-cracker-im_b_1610557.html" target="_blank">past generations got music for free too</a>, and for him, it was a huge boost to both his fandom and his desire to become a musician:
<blockquote><i>
Music is so important to people. It is majorly important to young people. And to me? Literally somewhere below water and air but above food. And I just went for it. I bought a lot of music; I got a lot of free music from whatever sources were at hand; I just had to have it by any means necessary. If you duped a copy of a Dismemberment Plan record in college or something, it's cool. I guess I'd like to have the money, but you know what, I hope you just listened to it with even 1/10 of the consciousness I gave to the music I listened to as a kid--copied, stolen, or bought. And you know, maybe take some of the sermonizing from my peer group with a grain of salt. I think some of them did some of the things I did. Or... maybe a lot of them.
</i></blockquote>
He's basically reinforcing the original point that Emily made and which kicked this whole thing off.  Access to music and compensation of artists are two separate issues.  The fact is that people know that the technology today enables access to pretty much every piece of music around.  And it's a shame that we try to suppress that.  The issue of compensation is somewhat separate from that -- and plenty of smart musicians are figuring it out.  But arguing that access automatically means you need to compensate musicians at a high level (remember, Spotify's no good according to this bunch) or it's "unethical" just doesn't make sense, and has never made sense.
<br /><br />
This debate has been interesting, but I'm glad to see that tons of people who live directly in that world have been coming out to correct the many inaccuracies in Lowery's post, which a few too many people took as gospel without understanding the details.<br /><br /><a href="http://www.techdirt.com/articles/20120625/01011219455/some-facts-insights-into-whole-discussion-ethics-music-business-models.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120625/01011219455/some-facts-insights-into-whole-discussion-ethics-music-business-models.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120625/01011219455/some-facts-insights-into-whole-discussion-ethics-music-business-models.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-needed</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120625/01011219455</wfw:commentRss>
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<item>
<pubDate>Fri, 9 Mar 2012 09:58:00 PST</pubDate>
<title>How Big Music Companies Are Stealing Hundreds Of Millions In Royalties From Artists</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120305/04332117978/how-big-music-companies-are-stealing-hundreds-millions-royalties-artists.shtml</link>
<guid>http://www.techdirt.com/articles/20120305/04332117978/how-big-music-companies-are-stealing-hundreds-millions-royalties-artists.shtml</guid>
<description><![CDATA[ It's no secret that various major labels and big music organizations have a history of <i>not</i> paying artists what they're owed under the law.  We've covered plenty of examples of fancy "accounting" to avoid having to pay, such that even big stars claim they never see royalties.  However, Jeff Price, over at Tunecore has uncovered what may be an even bigger scam on the publishing/songwriting side of the business, creating a <a href="http://blog.tunecore.com/2012/03/the-global-songwriter-shell-game.html" target="_blank">giant shell game, wherein major labels are getting hundreds of millions in royalties</a> that are owed to songwriters, but are never paid.  
<br /><br />
The details are <i>quite</i> complex.  Jeff's post has all the details, but let's just focus in on one key part of it.  Basically, outside the US, digital music services need to pay <i>two</i> separate licenses to US songwriters -- one for reproduction rights and one for public performance rights (we won't get into why there are two separate rights and how they collided back together in digital music, as that's a different rant for a different day).  However, almost no one actually buys both licenses.  Typically they just get one (the reproduction right, as provided as a compulsory rate via ASCAP/BMI/SESAC) which they then pay through a local collection society.  Technically, that means digital music services outside the US need to directly negotiate deals with US songwriters for the public performance right.  But they don't do that.
<br /><br />
Instead, they just <i>pretend</i> that the reproduction license they have covers it.  And then, the local collection society <b>arbitrarily</b> split the reproduction license into components, pretending some of it is for the ASCAP/BMI/SESAC and some of it is for the public performance license... even if no such license has been secured (as it rarely is).  Then, to make it even crazier, the local collection society skims its own take off the top for administration (despite having no right to the money in the first place) and then passes the money on... to the major labels.  Jeff lays out an example:
<blockquote><i>
You are a member of ASCAP, BMI or SESAC.  These three organizations are in a relationship with other performance rights organizations around the world to collect and pass back and forth Public Performance royalties.
<br /><br />
Your song sells via download in Japan (the same scenario plays out in just about every country).
<br /><br />
The digital store pays the songwriter&#8217;s money to the local collection agency in Japan (called JASRAC) for the right of Public Performance. JASRAC has the right to issue licenses and collect money for the songwriter&#8217;s Public Performance as the right of Public Performance was passed to it by ASCAP/BMI/SESAC.
<br /><br />
Now here&#8217;s where it gets really screwed up:
<br /><br />
JASRAC arbitrarily splits the money paid by the digital store between mechanical royalties and Public Performance. For example, JASRAC decides 70% of the money it got paid by the digital music service for Public Performance goes to mechanical royalties and 30% of the money goes to Public Performance royalties.
<br /><br />
There is no basis in copyright law for how the split is determined. The split differs from country to country and from collection agency to collection agency. It is based on who sits on the board of directors at each collection agency. If there are more publishers on the board, the split goes more toward mechanicals; if there are more songwriters, the split favors Public Performance.
<br /><br />

Important: JASRAC does not represent the songwriter for Reproduction and has no right to split the money paid to it by the digital store. Nevertheless, the collection agencies ignore this (and apparently so do many digital music services).
<br /><br />
For the mechanical royalties, JASRAC takes around 15% of the songwriter&#8217;s money as an &#8220;administration&#8221; fee despite not administering it (not to mention it had no right to the money in the first place).
<br /><br />
Then, as the songwriter never joined JASRAC to get the mechanical royalties that JASRAC had no right to collect, <b>JASRAC gives the songwriter&#8217;s money to Warner Bros., EMI, Sony, Universal and others based on each company&#8217;s market share in that country</b>.
<br /><br />
In other words, they give some portion of the songwriter&#8217;s money from Public Performance away to other entities. Eerily close to stealing the songwriter&#8217;s money&#8230;
</i></blockquote>
He goes on to point out that it's effectively impossible for a songwriter to actually get this money that is required by law to go back to the songwriter.
<br /><br />
Jeff has been on the warpath about this, trying to get back the royalties songwriters signed to Tunecore are owed.  If you heard the story last month of Amazon <a href="http://www.hypebot.com/hypebot/2012/02/amazon-mp3-pulls-all-tunecore-tracks-in-eu-uk-distributor-alleges-payment-issues.html" target="_blank">suddenly taking down all Tunecore music</a> in Europe, you might reasonably put two and two together to recognize that someone wasn't getting all the licenses required...
<br /><br />
This is unquestionably a complex legal issue, with a variety of different separate rights under copyright law, which collide in slightly awkward ways online, combined with different laws in different jurisdictions on a global internet.  The root of the problem is how copyright law itself is setup -- which is that each time a new technology comes along, regulators duct tape on a different "right" to handle things, and assume that they've fixed the issue.  But that leaves us in a bit of a mess today where the internet is sorta like a sale, sorta like a license, sorta like a performance, etc... and then there's a big mess.
<br /><br />
A true solution would be to recognize that the way copyright law is set up today is a huge Frankenstein-beast, but that seems unlikely to happen.  In the meantime, however, this level of complexity appears to have opened up a way for the major labels to effectively just steal (and yes, in this case it is stealing) a ton of money from songwriters by more or less laundering the money through the complex and nearly impossible to understand international collection society system.  As Jeff summarizes, the whole thing is pretty crazy:
<blockquote><i>
The digital store has not gotten the right to Reproduction and has never paid the songwriter the money he/she is owed.
<ul>
<li>The collection agency has taken the songwriter&#8217;s Public Performance royalties, split them into two, taken a % of the royalty it does not represent and then has made it impossible for the songwriter to get what&#8217;s left over.
</li><li>Other entities that have no right to the songwriter&#8217;s royalties knowingly take the royalties from the collection agencies.
</li></ul>
From the portion of the money JASRAC was legally allowed to collect and arbitrarily assign to the Public Performance royalty, it takes somewhere between 15% &#8211; 25% of it as an administrative fee (it is not clear how much as they will not reveal the exact % they take from a particular source) and then about 6 &#8211; 12 months later, JASRAC passes it back to ASCAP/BMI/SESAC.
<br /><br />
ASCAP/BMI/SESAC then takes an international administrative fee of around 3.7% of what&#8217;s given to them and then splits the Public Performance royalty in half, assigning 50% of the money to the songwriter and 50% of the money to the &#8220;publisher&#8221; (side note: there is no basis in copyright law for this, but it was done to protect songwriters in publishing deals).
<br /><br />
ASCAP/BMI/SESAC then pays the songwriter 50% of the leftover Public Performance royalty 6 &#8211; 12 months after having gotten it (almost two years after it was generated) and the other 50% gets sent to the publisher; if the songwriter is both the songwriter and publisher, the songwriter receives both payments. If the songwriter is in a publishing deal, the publisher payment goes to the other entity that takes another 10% &#8211; 50%. This entity then sits on it for another 3 &#8211; 6 months before finally sending the remaining royalty back to the songwriter close to over three years after it was generated.
<br /><br />
No one can follow exactly what is going on due to the complexity, lack of transparency and audit trail, and time delays. In the process songwriters&#8217; royalties are either being taken from them or not paid to them in the first place.
<br /><br />
It&#8217;s one hell of a global copyright shell game that funnels songwriter money into the pockets of everyone but the songwriter.
</i></blockquote>
Yeah, and all the folks profiting then talk up in the press about how they're doing so much to "protect" artists and musicians?<br /><br /><a href="http://www.techdirt.com/articles/20120305/04332117978/how-big-music-companies-are-stealing-hundreds-millions-royalties-artists.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120305/04332117978/how-big-music-companies-are-stealing-hundreds-millions-royalties-artists.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120305/04332117978/how-big-music-companies-are-stealing-hundreds-millions-royalties-artists.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>follow-the-bouncing-ball</slash:department>
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<item>
<pubDate>Fri, 10 Feb 2012 18:38:00 PST</pubDate>
<title>TuneCore: RIAA Has Become A Part Of The Problem For Artists</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120209/17243617721/tunecore-riaa-has-become-part-problem-artists.shtml</link>
<guid>http://www.techdirt.com/articles/20120209/17243617721/tunecore-riaa-has-become-part-problem-artists.shtml</guid>
<description><![CDATA[ For many years, I've used TuneCore as one of the key <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=tunecore">examples</a> of the new generation of middlemen who served as <a href="http://www.techdirt.com/articles/20110927/01281116105/no-internet-doesnt-do-away-with-middlemen-it-just-changes-their-role.shtml">enablers</a> rather than gatekeepers for artists.  The company has a clear record of really helping tons and tons of artists make money from their music in ways that were entirely impossible for most of those artists previously.  It's a true success story.  That's why I have to admit that I was somewhat disappointed in late 2010 when TuneCore's CEO Jeff Price <a href="http://blog.tunecore.com/2010/09/us-congress-and-your-music.html">came out in favor</a> of COICA, the problematic predecessor to SOPA and PIPA.  Thankfully, since then it appears he's realized the error of his ways.
<br /><br />
Beyond his continually awesome series of posts providing tons and tons of useful data that the legacy recording industry has totally ignored, he's written a <a href="http://blog.tunecore.com/2012/02/what-the-riaa-wont-tell-you-tunecore%E2%80%99s-response-to-the-ny-times-op-ed-by-the-riaa-ceo-cary-h-sherman.html" target="_blank">brilliant response to Cary Sherman's NYT op-ed</a> that we've been <a href="http://www.techdirt.com/articles/20120208/01453517694/riaa-totally-out-touch-lashes-out-google-wikipedia-everyone-who-protested-sopapipa.shtml">discussing</a>.  Price points out that the real disinformation campaign has been from the RIAA, and the key point is that <i>the RIAA does not represent artists</i>, but rather it represents the major labels, who very frequently have agendas that are at odds with artists:
<blockquote><i>
<p>The RIAA has become part of the problem of protecting copyright due to its occasional less than honest approach to things.&nbsp; You just can&#8217;t take what the RIAA says at face value as their agenda is not clear&#8212;is it to protect copyright or is it to protect the interests of its label members at any cost?
</p><p>After all, this is the same organization that had the RIAA employee Mitch Glazer attempt to sneak language into a bill on Capitol Hill changing the definition of &#8220;work for hire,&#8221; depriving artists of their rights (<a href="http://www.austinchronicle.com/music/2000-08-25/78379/" target="_blank">there&#8217;s a great article about this in the Austin Chronicle</a>).</p>
<p>Now add to this that as the RIAA demands that its label members&#8217; copyrights be respected and properly compensated, its members have knowingly taken hundreds of millions of dollars of other peoples&#8217; songwriter royalties over the past few years. &nbsp;Knowingly taking money generated from the copyrights of others&#8212;aka <a href="http://blog.tunecore.com/2011/07/how-they-legally-steal-your-money.html" target="_blank">&#8220;Black Box Money&#8221;</a>&#8212;sounds eerily like stealing.
</p></i></blockquote>
Furthermore, he notes that the RIAA's strategy here now puts it at odds with what's actually best for musicians.  He goes on to point out that SOPA/PIPA in their original forms might have actually been the end of a service like TuneCore:
<blockquote><i>
<p>However, if the original SOPA and PIPA bills were passed years ago, TuneCore most likely would not have existed, and power would still be concentrated with the old regime; they would have found a way to slow the market shift away from them. In the guise of &#8220;protecting copyright&#8221; the original SOPA bill would have provided the RIAA unilateral and almost unchecked power to kill the new emerging industry.</p>
<p>All the RIAA would have had to do is claim that music distributed by TuneCore was infringing on its label members&#8217; copyrights. With limited to no due process, TuneCore could have been shut down <a href="http://www.techdirt.com/articles/20111208/08225217010/breaking-news-feds-falsely-censor-popular-blog-over-year-deny-all-due-process-hide-all-details.shtml" target="_blank">just like </a><em><a href="http://www.techdirt.com/articles/20111208/08225217010/breaking-news-feds-falsely-censor-popular-blog-over-year-deny-all-due-process-hide-all-details.shtml" target="_blank">Dajaz1</a>.</em></p>
<p>And I can assure you, from time to time TuneCore gets illegitimate and wrongful claims of infringement by the RIAA (and some of its label members).</p>
</i></blockquote>
No matter how much the legacy players in the industry want to claim that it was "just Google" that helped kill the bill, there's simply no way anyone can credibly claim that TuneCore is a Google puppet.  In fact, I think it's clear that TuneCore has been one of the most useful tools out there for getting artists <i>paid</i>.  And it's coming out strongly against the RIAA on this one, highlighting the key point that too often gets lost in this debate.  The RIAA represents the gatekeepers, not the artists.  This has never been about protecting content.  It's always been about protecting gatekeepers.<br /><br /><a href="http://www.techdirt.com/articles/20120209/17243617721/tunecore-riaa-has-become-part-problem-artists.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120209/17243617721/tunecore-riaa-has-become-part-problem-artists.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120209/17243617721/tunecore-riaa-has-become-part-problem-artists.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>indeed</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120209/17243617721</wfw:commentRss>
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<item>
<pubDate>Mon, 28 Nov 2011 12:50:00 PST</pubDate>
<title>Just Because New Artist Platforms Aren't Minting Millionaires Doesn't Mean These Platforms Have Failed</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20111126/02262616900/just-because-new-artist-platforms-arent-minting-millionaires-doesnt-mean-these-platforms-have-failed.shtml</link>
<guid>http://www.techdirt.com/articles/20111126/02262616900/just-because-new-artist-platforms-arent-minting-millionaires-doesnt-mean-these-platforms-have-failed.shtml</guid>
<description><![CDATA[ Last week, the Tunecore blog, in a display of openness you won't find at most major music sites or labels, <a href="http://blog.tunecore.com/2011/11/tunecore-artists-music-sales-july-2011.html" target="_blank">made publicly available its sales numbers for July 2011</a> (one of the slower months for music sales) in order to point out just how many artists were making money.
<br /><br />
As is to be expected, a small percentage of artists made thousands of dollars while many others made far, far less. Tunecore was braced for the inevitable criticism, however.
<blockquote><i>
But for all those that may comment suggesting most are making less, my response is, you've got to be kidding me. These artists, all of them, are outside of the traditional system. Some are earning hundreds of thousands and some are earning $20.
<br /><br />
And this is bad because...?
<br /><br />
With the music industry democratized more artists are making more money than ever before. All of this money you are seeing is going directly into these artists' pockets; this is money they would have never ever seen before.
<br /><br />
Now add the songwriter money on top of this money.
<br /><br />
Someone needs to explain to me why an artist earning something vs. nothing is a bad thing, as I truly cannot understand that logic. As far as TuneCore, as I have stated over and over, it's your music that causes it to sell. It's up to you to decide if the services and fees TuneCore charges work for you.
</i></blockquote>
Well, Paul over at Digital Music News must have read nothing but the spreadsheet, because his post attempts to explain the "and this is bad because..." part (while glossing over the "something vs. nothing" angle) by <a href="http://www.digitalmusicnews.com/permalink/2011/111123tunecore" target="_blank">pointing out that 99.9% of the artists listed make less than minimum wage</a>.
<blockquote><i>But now, it turns out there's an even more depressing figure: 99.875% - or nearly all - of Tunecore artists are making less than minimum wage through the platform, based on revenue figures recently shared by the company.
<br /><br />
And that only counts revenues - not costs for creating content or annual fees owed to Tunecore. It also assumes that Tunecore revenues are being paid to one, solo artist, instead of being divided by a group.
</i></blockquote>
DMN takes issue with Tunecore's claim that more artists are making money than ever before, simply because "more money" doesn't equal "a lot of money." It even goes so far as to implicitly suggest that artists were better off with the old system, running through a set number of gatekeepers, by quoting Paul's (Tunecore) "democritization of music" line before asking, "But is this really true?"
<br /><br />
Tunecore CEO Jeff Price came firing back, <a href="http://www.hypebot.com/hypebot/2011/11/blogger-criticizes-artists-for-making-money-tunecore-ceo-jeff-price-responds.html" target="_blank">pointing out what's wrong with arguments that new systems don't work</a> because everybody's not making thousands of dollars.
<blockquote><i>
Paul, why do you put down artists for making money? These artists did it on their own, drove every sale, earned every penny without having to give up their copyrights or sacrifice control, something never before possible in the history of the modern music industry. I published the numbers in response to statements claiming artists cannot can sell music without a major label. So why on earth are these tangible, actual results being painted as failures?
</i></blockquote>
Why are they painted as failures? Just ask regulars in our comment threads. These solutions "don't scale." Which tends to mean one thing: not everyone is making tons of money, therefore the system is a failure. But averaging numbers doesn't present the whole picture, as Price points out.
<blockquote><i>
The "average income" formula you created may be the most useless, meaningless statistic I've ever seen. Here's an example as to why:
<br /><br />
An artist that makes $20 a year in music sales sits alone in a room. Average made per artist = $20. Now an artist that makes $1,000,000 a year enters the same room. Average made per artist = $500,010.
<br /><br />
So what did we just prove exactly? Same thing you did; nothing.
</i></blockquote>
With this "argument" broken down, what exactly is someone who points out miniscule sales numbers trying to tell the artists? Is it a backhanded attempt to paint the artist as "screwed" by Tunecore? Or is it something even worse?
<blockquote><i>
The truth is, most artist don't make that much in music sales a month, and we all know it. Most make much less. So what exactly is the point of your article? Are you saying that artists should give it up, as it's a tough business? What exactly is your news story? Drop your guitar and go work at a fast food restaurant?
</i></blockquote>
Price goes on to point out what should be blatantly obvious, but often gets ignored during this sort of conversation: it's ALWAYS been a small percentage of artists that become very successful. This isn't new. This has always been true of the music business.
<blockquote><i>
The "odds" of becoming a household name in music during your lifetime, of becoming a superstar, have always been microscopic, and we all know it. But until recently, every single one of the artists who "made it" and did not "make it" were forced through a system of gatekeepers, opinion-shapers, cultural and business guardians that took their copyrights and took advantage. Are you advocating a return to that system?
<br /><br />
It can take years, thousands and thousands of dollars of investment, endless hours of work and sacrifice before something finally gives and the stone wall you've been banging your head against finally cracks. Your pseudo, baseless "analysis" suggests independent artists can't "make it". Bullshit.
</i></blockquote>
Price says the best thing you can do is arm artist with as much information as possible, rather than attempting to scare them away from doing what they love with the insinuation that making music just isn't worth it.
<blockquote><i>
Tell them the truth: it's hard, it's going to be tough, most of you won't become a superstar. Here's the information you need to know, here are the options, it's up to you to make it happen. Go into this with eyes wide open. No promises.
<br /><br />
So some artists made a "mere $1,280" a month from digital music sales (this is a put down?). Newsflash, many made less, but had they gotten those sales while signed to a traditional record label, they'd have gotten no money and, most likely, six weeks after street date, they would have been dropped. That's the fate of 98% of the acts that came through the majors alone.
</i></blockquote>
As he points out, the spreadsheet shows artists making thousands of dollars a month, which was conveniently ignored in order to shout, "THIS DOESN'T WORK!" 6,000 artists who would have made next to nothing (or nothing at all, if not recouped) are all making money. Things are getting better for the artist, but those who align themselves with the old system seem to think that because the music industry isn't awash with millionaires, new platforms are failures.
<br /><br />
The fact is that the old systems won't work anymore and even in their prime, they weren't any better at turning artists into millionaires than the current systems. The real downside is that those who claim to be "for the artist" are often the first ones to paint the bleakest picture possible. How does that help?<br /><br /><a href="http://www.techdirt.com/articles/20111126/02262616900/just-because-new-artist-platforms-arent-minting-millionaires-doesnt-mean-these-platforms-have-failed.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111126/02262616900/just-because-new-artist-platforms-arent-minting-millionaires-doesnt-mean-these-platforms-have-failed.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111126/02262616900/just-because-new-artist-platforms-arent-minting-millionaires-doesnt-mean-these-platforms-have-failed.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>making-money-with-art-has-never-been-easy</slash:department>
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</item>
<item>
<pubDate>Tue, 8 Feb 2011 10:30:23 PST</pubDate>
<title>If Artists Don't Value Copyright On Their Works, Why Do We Force It On Them?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110207/02222612989/if-artists-dont-value-copyright-their-works-why-do-we-force-it-them.shtml</link>
<guid>http://www.techdirt.com/articles/20110207/02222612989/if-artists-dont-value-copyright-their-works-why-do-we-force-it-them.shtml</guid>
<description><![CDATA[ In William Patry's book, <a href="http://books.google.com/books?id=_bOYZa_NCdkC&#038;printsec=frontcover&#038;dq=moral+panics+and+the+copyright+wars&#038;hl=en&#038;src=bmrr&#038;ei=bMRPTcTGEYiisQPXrOmRCg&#038;sa=X&#038;oi=book_result&#038;ct=result&#038;resnum=1&#038;ved=0CCcQ6AEwAA#v=onepage&#038;q&#038;f=false" target="_blank"><i>Moral Panics and the Copyright Wars</i></a>, there's an excellent chart that highlights the fact that many content creators who have copyright available to them clearly don't value that copyright very much.  The chart looks at the rates of copyright renewals in 1958 and 1959.  As you hopefully know, back then, you had to register your work to have it covered by copyright, and you had to renew it to keep that copyright.  Yet a huge percentage of content creators simply <i>chose not to renew</i> their copyrights, because they knew there was little or no value in the copyright itself.   Depending on the type of product, the lack of renewals paints a pretty stark picture: only 7% of books had the copyright renewed.  Only 11% of periodicals.  Only 4% of "works of art."  Music was only 35%.  In fact, the only type of work that had a renewal rate higher than 50% was movies, which came in at 74%.
<center>
<img src="http://i.imgur.com/BwpBg.png" />
</center>
If looked at with a common sense filter, it seems obvious that this suggests that the content creator clearly is no longer getting any benefit out of the copyright at that stage, and thus reverting the work to the public domain makes the most sense.  So it was quite disappointing when we changed our laws in 1976 to the point that people didn't even have to register their copyrights in the first place, and never had to review, but that they <i>automatically</i> get a copyright for a ridiculously long amount of time (much longer than was available in 1959).  Now, you <i>can</i> still register, and there are significant benefits to copyright holders for doing so, so many people still do.
<br /><br />
So it's interesting to see Tunecore ask the musicians who use its service <a herf="http://blog.tunecore.com/2011/02/soundcheck-results-copyrighting-your-music.html" target="_blank">whether or not they register their copyrights</a>, with only 56% saying they absolutely do (found via <a href="http://www.hypebot.com/hypebot/2011/02/tuncecore-poll-shows-44-of-musicians-dont-copyright-their-music-.html" target="_blank">Hypebot</a>, who incorrectly suggests that the others don't get a copyright at all):
<center>
<img src="http://i.imgur.com/ZpzPN.jpg" />
</center>
What's fascinating here, of course, is this means that there are 44% of the musicians on Tunecore who don't really see the need to have a registered copyright, and yet they still end up with a copyright which they're unlikely to ever use or enforce.  That suggests a system way out of whack with the stated purpose of copyright law.  This is content that can and should be available to make the public domain more fruitful and to enable new creative works -- and yet it gets locked up anyway, even though the very people copyright law is supposed to protect clearly don't value what copyright gives them.  So why do we still automatically give them copyrights, thereby harming the public domain, while adding little to no benefit to the content creators themselves?<br /><br /><a href="http://www.techdirt.com/articles/20110207/02222612989/if-artists-dont-value-copyright-their-works-why-do-we-force-it-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110207/02222612989/if-artists-dont-value-copyright-their-works-why-do-we-force-it-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110207/02222612989/if-artists-dont-value-copyright-their-works-why-do-we-force-it-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>questions-to-ponder</slash:department>
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<item>
<pubDate>Thu, 15 Jul 2010 13:12:00 PDT</pubDate>
<title>Don't Dismiss Musicians Who Forge Their Own Path</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100715/00310210223.shtml</link>
<guid>http://www.techdirt.com/articles/20100715/00310210223.shtml</guid>
<description><![CDATA[ We recently wrote about <a href="http://www.techdirt.com/articles/20100713/00121510187.shtml">Tom Silverman's interview</a> where, in the course of "predicting" the future of the music business, he took some potshots at services like TuneCore for being just for "hobbyists."  In that article, he basically said that TuneCore users were just "clogging" the system:
<blockquote><i>
80 percent of all records released are just noise -- hobbyists. Some companies like TuneCore are betting on the long tail because they get the same $10 whether you sell one copy or 10,000. Who uses Photobucket and Flickr? Not professional photographers -- those are hobbyists, and those are the people who are using TuneCore and iTunes to clutter the music environment with crap, so that the artists who really are pretty good have more trouble breaking through than they ever did before.
</i></blockquote>
As I noted in my original post on the interview, I thought Silverman was making a big mistake in dismissing those "hobbyists," since a bunch of them seemed to be making a decent living -- and the numbers were growing.  I also found the "crap" comment to be pretty obnoxious.  We see that type of comment here all too often.  We'll point to some unique content creator who is doing something impressive, and the response (often from angry industry insiders) is that "yeah, but the content is crap."  It's a funny sort of reaction.  It's as if these people are so afraid that others with better business models will drive them out of business that they need to pre-emptively mock the quality -- even if the content seems to be exactly what a certain market is looking for.  There are lots of content creators that we talk about whose content I don't personally care for.  But my personal opinion on the quality of the content is meaningless.  It's a question of personal tastes, and if there's an audience for the content, then, clearly something's working right.
<br /><br />
I wasn't the only one who felt that the "cluttering with crap" comment was out of line.  TuneCore's Jeff Price (who has been having quite a back-and-forth with Silverman lately) <a href="http://blog.tunecore.com/2010/07/boy-oh-tommyboy-80-of-you-make-music-that-is-crap.html" target="_blank">issued quite the sarcastic apology</a>, while mocking the idea that only Silverman gets to decide what is quality music:
<blockquote><i>
We're sorry that the fact that people are buying music from TuneCore Artists is stopping people from buying music that Tommy likes. If Tommy could only control what music you get exposed to you would be more inclined to buy his music. It's actually a brilliant strategy: limit choice, force the releases you want to sell down people's throats, control what music is exposed by the media outlets (like radio and MTV) and then take all the money from the sales that come in. Oh wait, my mistake, that's the way it was in the old music industry, and 98% of what the majors labels released failed. I guess limiting choice does not make music sell. 
</i></blockquote>
Price also points out that Silverman's claim that this is "clogging" the market is ridiculous.  It's not like people can't find what they want.  If that's a problem, it's a problem of filters, not a problem of too much music.  I tend to listen to some fairly obscure music in some specific genres, and sure there are acts in those areas that I don't think are very good, but it's pretty easy to quickly figure out who is good and who is not and move on.  Claiming that "bad" artists somehow hurt good artists is ridiculous.  You hear it all the time in various industries, but it's the same silly story all over again.  More content creators don't take anything away from good content creators.  Good content creators can and do still thrive.<br /><br /><a href="http://www.techdirt.com/articles/20100715/00310210223.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100715/00310210223.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100715/00310210223.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>subjectivity</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100715/00310210223</wfw:commentRss>
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<pubDate>Mon, 25 Jan 2010 08:01:00 PST</pubDate>
<title>Finding The Long Tail In Music</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100124/1752357883.shtml</link>
<guid>http://www.techdirt.com/articles/20100124/1752357883.shtml</guid>
<description><![CDATA[ In the past we've had an ongoing discussion with some folks on this site concerning whether or not it's now a better time to be a musician than before the internet became central to everything music-related.  We've argued that today there are more options and more opportunities for bands than ever, and that's only a good thing.  It doesn't mean that every band will be a success or can make a living.  That's never going to be true (and has never been true, either).  Many will still fail, but there are more tools and opportunities that if you learn to embrace them, you can absolutely do much better than you ever could under the old system -- which <i>required</i> massive backing to become successful.  It was the <a href="http://www.techdirt.com/articles/20100110/2253577696.shtml">golden lottery ticket</a> story of musical stardom.
<br><br>
Last week, we wrote a post about an interview with Tommy Boy Entertainment boss, Tom Silverman, claiming that <a href="http://www.techdirt.com/articles/20100118/0136297786.shtml">just 14 unsigned artists</a> "broke the obscurity line," -- which was defined as sales of 10,000 albums.  Amusingly, three days after this post, I met Silverman on an airplane over the Atlantic... and only realized it was him when he started talking to the guy seated next to me <i>about my post</i> not realizing who I was (small freaking world).  We had a brief, but quite enjoyable conversation, and while I see his point, I'm still not convinced his conclusion is correct on the issue of breaking artists (his view of business models, however, seems right on).   Meanwhile, in the comments to our post, Peter Wells from TuneCore <a href="http://www.techdirt.com/article.php?sid=20100118/0136297786#c226">disputed Tom's numbers</a>.  Since then, both have expanded on the discussion.
<br><br>
Tom <a href="http://musiciancoaching.com/music-business/state-of-the-music-industry-part-3/" target="_blank">provided more details on the number of totally independent success stories</a> (decreasing the sum from 14 to 12 due to the fact that they had mischategorized 2 of the bands) over at the <a href="http://www.musiciancoaching.com/" target="_blank">MusicianCoaching.com</a> site.  He then went on to claim that the long tail doesn't seem to be working for the music business:
<blockquote><i>
Clearly the ease of making and distributing music does not benefit "breaking" music.  Breaking music requires mass exposure which requires luck or money or both. I can say with great authority that less new music is breaking now in America than any other time in history.  Technology has not helped more great music rise to the top, it has inhibited it. I know this is a bold statement but it is true.
</i></blockquote>
Certainly bold words, though they did not address my original criticism with the point -- which is that number of albums sold is a poor measure of "obscurity" (or non-obscurity, as the case may be).  As I said then: "You don't have to sell albums to become well known, and just because you're well known, it doesn't mean you sell albums. It's not the best proxy for figuring this stuff out."  This week, at Midem, musician Hal Ritson of The Young Punx put it much more succinctly: "Sales are not how you measure success any more.  You figure out how to get as many people as possible to hear your music, and then you figure out if you're profitable."  Also, I still think it's wrong to only count totally independent artists in this list, because many artists signed to labels (both indie and majors) may use new technology to help breakout (with or without massive support from their labels).
<br><br>
Either way, even beyond that, it looks like Silverman's numbers may be suspect.  <strike>Peter Wells</strike> Jeff Price (from Tunecore) followed up Peter Wells' comment on our site with a <a href="http://blog.tunecore.com/2010/01/how-people-use-neilsen-to-hurt-musicians.html" target="_blank">super detailed post</a> about the problems with Silverman's numbers -- which rely on Nielsen SoundScan data, which <strike>Wells</strike> Price notes is massively incomplete.  He quickly names multiple artists who sold hundreds of thousands of tracks, which aren't measured by SoundScan, and suggests the real issue isn't that new artists can't break, but that the measuring system doesn't take into account how they break these days.
<br><br>
I have to say that <strike>Wells'</strike> Price's post is quite convincing.  It's incredibly well-detailed and provides multiple examples of clearly successful (and hardly obscure) artists that aren't counted by Silverman's method.  I still think that the points raised by Silverman about new business models in his original interview were <i>dead on</i> (and even he made the point that sometimes it made sense to release albums totally for free and use other ways of getting money -- which under his own definition would have made them impossible to "break out.").  But it seems like there's an awful lot of evidence that our original assertion is still true: there are plenty of artists that are, in fact, breaking out thanks to new technologies -- and many are able to do so without a label.  Whether or not it's "harder" to break out today due to increased competition may be another issue, but I'm not yet convinced this is a real problem.<br /><br /><a href="http://www.techdirt.com/articles/20100124/1752357883.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100124/1752357883.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100124/1752357883.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-out-there</slash:department>
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<pubDate>Fri, 22 May 2009 15:55:00 PDT</pubDate>
<title>TuneCore, Amazon Team Up To Make It Even Easier &#038; Cheaper For Bands To Sell CDs</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090522/1513314986.shtml</link>
<guid>http://www.techdirt.com/articles/20090522/1513314986.shtml</guid>
<description><![CDATA[ Continuing the <a href="http://www.techdirt.com/articles/20090519/0213544923.shtml">theme</a> of this week about the new ecosystem of companies out there making it ever and ever easier for musicians to do everything a label used to do for them, comes the news (submitted by zealeus) that <a href="http://www.wired.com/epicenter/2009/05/amazon-to-unveil-on-demand-cd-printing-service-with-tunecore/" target="_new">Amazon and TuneCore have teamed up to make it incredibly easy and cheap to sell CDs on demand</a>.   TuneCore is a very popular service with indie bands, helping them get their content onto various music services -- and now they're adding the ability to do incredibly cheap CDs-on-demand via Amazon.   The whole thing costs a grand total of $31/year.  Wired does some math, and recognizes that at a price point of $8.98 for the CD, a band only needs to sell <i>nine</i> CDs a year to break even.  Nine.  While some may say the CD market is dying, if you can offer it at almost no cost to the band, why not have it as an option?<br /><br /><a href="http://www.techdirt.com/articles/20090522/1513314986.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090522/1513314986.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090522/1513314986.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>label?-what-for?</slash:department>
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