The Recording Industry Association of America (RIAA) would like you to believe that their recent legal victory over Jammie Thomas in the first RIAA copyright infringement lawsuit to ever go to trial will convince every illegal file sharer now to think twice. But the truth is that file sharing (legal or illegal) will forever be a staple in the digital age.
The funny thing is Thomas was guilty, as is every file sharer. There’s no way to spin it as anything but illegal (unless it’s legally authorized a la Grooveshark or Joost). In a post trial interview, one of the trial’s jurors bluntly gave their reasoning as for the guilty verdict. You can trust the honesty and legitimacy: "We wanted to send a message that you don't do this, that you have been warned."
Will most illegal file sharers really believe that what they’re doing is wrong? Maybe. Probably not, though. And P2P will continue.
Why?
If you believe this outdated 2002 statistic, “54% [of teens] ‘see nothing wrong’ with downloading music from the Internet.” There’s an obvious moral disconnect here.
But after repeated losses, I think the RIAA has given up on trying to go after primary school kids since no decent person would ever think that suing 12-year-old girls is cool.
What then.
Copyright infringement lawsuits are really hit-and-miss. The RIAA doesn’t find many people or groups willing to cooperate, even in academic circles. Maybe they should finally heed the advice many people and many groups have stressed for a long time. Maybe it's high time they embraced downloading and computer usage.
Lawsuits don’t gain you any sympathy and all those piracy ads get annoying and seem more ridiculous (see the hilarious spoof from The IT Crowd here). There are many options that the industry could turn to instead.
Glamorize the product. Enhanced CDs worked to a point. So did DualDiscs. But the industry didn’t push DVD audio or any other type of high-definition music. It couldn’t and didn’t know how to embrace the digital revolution. It was still stuck in the 2-D world.
Article comments
1 - Glen Boyd
I prefer the CD format as well Tan, because I prefer something tangible that I can actually hold in my hands. But I also agree that the record industry is missing the boat by not embracing the technology, and especially by biting the hand that feeds by going after their own customers.
I maintain that there is still a significant portion of the audience that uses downloading primarily to sample new music before they buy the physical product -- it's like taking that new car out for a test drive before purchasing. I paid $5. for the new Radiohead album because I wanted to hear the music. If they do put out a physical CD (as is rumored to happen next year), I will still buy it. Most of the Radiohead fans that I know, will do the same thing.
The way that the record industry has been tanking over the past several years should also tell them that the way to go is to develop acts for the long term, rather than trying to quickly cash in on the flavor of the moment, or the latest cookie cutter boy band. Those types of groups never last while a band like The Rolling Stones, an artist like Springsteen or Dylan, or even bands like Radiohead and NiN for that matter, always stand the test of time.
It aint rocket science, although when you eliminate the music guys from the music labels (as has happened over the past decade of corporate mergers) -- well, what you see is what you get.
Good article Tan.
-Glen
2 - Donald Gibson
Along the same lines as what Glen mentioned, here's my gut response to artists and record companies regarding the illegal downloading situation:
Make albums that have more than one surefire radio hit, perhaps an album that sounds like a cohesive effort.
Maybe if record companies returned to developing quality young acts while still promoting their proven ones, people would be more willing to purchase an entire album (digitally OR physically) instead of downloading a myriad of random tracks by various artists, many of which won't have a career in a few years.
-Donald
3 - Karl Adams
Great article Tan...
I realize that you only included your prediction about Dance music being the "next craze" as a side note, but I find your opinion intriguing... You should consider writing a future article on this subject...
4 - Glen Boyd
Couldn't have said it better myself. I knew that you were a smart man, Gibson.
-Glen
5 - Sterfish
I think this article is spot on. I can't really add anything to the conversation.
As to that side note about dance music becoming big with hip-hop's decline, I'm not so sure about that. Add me to the list that would like to see a full-fledged article about that to support that thought. I bet it would be fascinating reading.
6 - Dr.Jimmy
The age of the album is over. The major labels are the last ones to grasp this concept. The single is what the kids want and the marketplace always eventually gets what it wants.
The major labels decided to drag their feet in regards to downloading hoping it was maybe a fad, they're now paying the price for their ignorance.
7 - Tom Johnson
Has dance music ever really gone away? It seems to have maintained a pretty even level of high popularity because it is throwaway music that feeds off of the single format.
I don't think the album is ever going to go away. It may disappear for pop/dance formats, which is probably for the better since those genres tend to be the ones that focus on one particularly noteworthy song on each album anyway, but rock, metal, jazz, etc., that really embrace the album format as an art because they make statements, and the fans of those do too. I can only see the album dying out when those fans are completely gone - and that's going to be a long, long time from now.
8 - Tan The Man
Thanks all for the input. I might have to put my money where my mouth is and write about dance now... Oh the expectations.
9 - daryl d
Excellent article. I wish dance music would make a comeback. I do miss the days of the CD. I miss the day a new cd came out by my favorite artist and going to Tower Records at midnight on Tuesday to get it. I miss putting a CD in my stereo and hearing the songs for the FIRST time. That hasn't happened in ten years.
The live concert experience is going to be the big money maker in the future. Everything else will revolve around it.
10 - daryl d
On a side note, I miss Rock music too. But it has peeped its head a lot more in the past couple years, where I don't think I can name a big dance hit in the past year that isn't hip-hop influenced. Rock music will always live no matter what, but Dance music, in America at least, seems on its death bed.
11 - Artemisian
I'm embracing this digital format boom, in truth. I already downloaded all my music, and purchased CDs if I liked what I heard, or if I trusted the artist enough to know I'd like it. I don't think the album format will ever die though, as /so/ many people adore a good album. It has more weight than a single, or a lone song; it's an experience. Even if it's in mp3 format, I think albums will still be around.
12 - Fritz
A very good article. I think one big problem the record companies have is it's not about the artist; the record companies rip the artists off and put them in debt and everyone knows this, so there is little sympathy for the record companies. as I've said before, I think solutions like Radiohead used might work because I think the fans will want their fav bands to stay in business.
13 - Lloyd Shugart
This topic is really confusing the real issue.
The internet and ability to sell/download music is the outgrowth of the past, including orgs like RIAA....but it is also the future that takes some of the power of those groups like RIAA, and puts it in the hands of the copyright author/owners and intended true beneficiary of copyrights...the authors...in your case the music makers.
I am going to suggest that any music author that wants to make a living from their music support the groups like RIAA....WOW....It goes like this, the ability to sell/download music over the internet.....is making the cost of getting your music into the ears of your listeners, cheaper to the listener. When the need of the middle man is gone, it results in more income to the musician in the end...this serves all involved.
Let the orgs like the RIAA pay to protect the industry....from their past gains. They are well capitalized to pay the costs of this protection for you now. I can tell you that as a single/independent musician you will not be able to afford the litigation costs. If the internet music sell/download is allowed to collapse into "Anything On The Net Is Free......You will forfeit your right to make money from your work independently.
I am not a music maker...I am a photographer...and I support the true core value of copyrights...."which is give the creators the chance to give to the public by protecting their right to the financial gain from the work".
Lloyd Shugart