File Swapping: So
Sue Me
July 6, 2003
by Bob Parks
Better
put your heads under the covers and hope the bogeyman will go away!
The Recording Industry Association of America (RIAA) is pissed off.
"We'd much rather spend time making music
then dealing with legal issues in courtrooms. But we cannot stand by
while piracy takes a devastating toll on artists, musicians, songwriters,
retailers and everyone in the music industry."
– RIAA president Cary Sherman
They have some nerve.
Sure, file swapping is technically stealing. But the record business
has ripped off its own musicians and consumers for decades, and when
the industry starts losing money, it’s time to get payback. Maybe they
should try looking in the mirror first before publicly threatening to
track down and prosecute petty thieves when they’ve been ripping off
everybody so a few non-talented suits could suck off the artistic tits
of legends long since gone.
Full Disclosure
Besides being an opinion columnist, I am a songwriter, producer, percussionist,
synthesizer programmer and have been since 1979. Still waiting for my
big break….
Song Rippers
For a long time,
record companies screwed older musicians by charging them for, among
other things, the recording sessions (to be paid for off the top of
sales), new instruments, food, drink, and any other expenses they could.
The companies sometimes paid those musicians a one-time few hundred
dollars (big money to broke musicians in the 50’s) and pocketed millions
in sales made to this day with digital re-releases and re-packaged box
sets.
“Online music piracy through illegal file-sharing is killing the business
as we know it today, and songwriters like myself won't be able to write
the songs if there's no way for us to make a living. It's the only job
I know how to do!”
– Lamont Dozier, legendary songwriter
(Stop! In The Name Of Love)
Nowadays, record companies charge musicians for recording sessions,
even though the companies keep the master tapes, convince them of the
need to embrace MTV and make a few $2-5 million promotional videos.
The band later has to re-pay those costs first off the top before they
see any money. Some companies even charge the artist for the costs of
promotion, which can also be in the hundreds of thousands of dollars.
And when all is said and done, the artist is lucky to receive even 10%
of the record sales.
Some record companies have what are known as “9-5 composers” whose
sole job it is to write hit songs according to “formulas”. Some are
paid a “kill fee” and some get royalties as well. This is money that
doesn’t make it to the artists, and some groups are required to use
some of these composers even though they are quite capable of writing
their own material. This keeps the mortgages paid for friends and relatives
of senior record company personnel. The artists may come and go, but
do a search of some obscure composer names and see all the different
places they appear….
“If you create something and then someone takes it without your
permission, that is stealing. It may sound harsh, but it is true.”
– Mary J. Blige, multi-Platinum award winning artist
I find it amusing: today’s R&B and hip-hop artists lecturing us
about obeying the law. How many of them illegally carry guns, beat their
girlfriends (the ones they artistically refer to as “bitches”
and “hos”), shoot their rivals on the street and in the studio, beat
up company employees, commit gang rape, and more. When was the last
R&B, hip-hop award ceremony that didn’t need to have the police
called?
Content
Why would someone break the law and download a song rather than pay
for the CD? Simple: with the exception of maybe two high-profile songs,
the other 15 or so probably suck. And the CD still costs near $20.
Today’s compact disks hold up to 80 minutes whereas yesterday LP’s
held only 46. There’s almost twice the room to fill and today’s talent,
to be quite generous, is questionable.
“Downloading… it’s petty theft for those that don’t have the guts
to go ahead and shoplift.”
– Marcus Hummon, songwriter and playwright
I remember paying $14 for Stevie Wonder’s “Songs In The Key Of Life”:
a double album with a bonus 45 tucked in a sleeve. There was a line
around the corner and it was an album everyone had to have. Now why
would someone want to pay an additional $6 today for Brittany Spears
or Justin Timberlake?
A few short decades ago, you could play an entire album at a party.
Almost any Stones album, Earth, Wind & Fire, The Eagles, K.C. &
The Sunshine Band, The J. Geils Band, Harold Melvin & The Blue Notes,
Boston, The Ohio Players, and lots more.
Watch your average commercial today. Are they playing a hit song from
last year or 20 years ago? I’ll bet anyone out there over 30 can name
10 hits from the 70’s and 80’s. The 90’s get a bit murky…. Can someone
name me 10 hits from last year? How about five?
As I’ve pointed out on many previous columns, this is what it takes
to be a songwriter today:
1. Sit down and create a song from dead air. Tough, but most satisfying.
2. Go to Tower Records, find a Rhino Records’ Greatest Hits
of the 60’s or 70’s CD, take a song painstakingly written
using Method 1, extract an eight measure “hook” from a song, loop it
indefinitely, and get some rapper to talk over it in an attempt to “make
it his own”. The more profane, violent, and juvenile the sexual references,
the better.
The record companies aim their product at kids 14-17 (the teen demographic).
One problem guys: this demographic, for the most part, ain’t got no
money. The music industry is relying on a hard sell off MTV hopefully
(for them) resulting in persistent whining and nagging from spoiled-brat
kids to get the $20 from parents who know better.
What do parents know? They’re just the ones who have to listen to their
kids play one song over and over and over, later just to leave that
CD face up on the floor to be run over by a skateboard.
“Without copyright protection and the royalties it insures, artists
and songwriters will have no long-term bankable financial security whatsoever.”
– Hugh Prestwood, number-one Country Music hit songwriter
Personally, I would love to be writing and performing songs for a living.
I would much rather be on stage slowly going deaf, but taking in the
adrenaline rush of playing to thousands of people who are singing my
song along with the band. I’d much rather be doing that instead of eking
out a living, and writing columns that I feel a passion for but have
yet to see any monetary reward.
Bottom line, Hugh: no one owes me a living in the music business just
because I write songs. One small suggestion: if the record industry
wants to make more money, MAKE A BETTER PRODUCT!
We, the adults in this equation, who give the our brats the money so
Christina Aguilera can over-sing every line, pierce her genitals, and
tell us how cool she is, bought a lot of the music we download before.
We ditched our records since y’all stopped making turntables. We re-bought
a lot of our old record collections on CD, so we really bought those
albums at least twice. But the industry expects us to pay more for music
with inferior content and album art that you need a magnifying glass
to read even if you still have 20/20 vision.
“It hurts artists, songwriters and everyone else who brings music
to the public, and we will hold those who engage in this activity accountable.”
– RIAA spokeswoman Amy Weiss
The music industry had better watch out whom they threaten. Those who
are doing the majority of the downloading are kids with little or no
earning power. It’s the parents who have to deal with the out-of-control
“artists” who have our daughters dressing like porn stars, and our sons
like thugs.
The music industry produces videos that portray young girls doing almost
obscene gyrations while being eye-candy for young males cruising the
streets while flashing gang signs. When a crime is committed, the industry
is the first to deny responsibility.
Now, they produce garbage and issue ultimatums when they can’t meet
a bottom line.
Good music sells. People will want a pristine version, physically hold
it, enjoy the album art, and play it over again. An mp3 is instant gratification,
but it’s a lot better than being made to look the fool again: buying
an expensive CD with one or two good songs on it, and a near worthless
trade-in value.
Only a dumb business would sue its customers to force them to buy more
of a lousy product.
The record industry is dumb. So sue me.
Bob
Parks
Bob Parks is a former Republican
congressional candidate (California 24th District), Navy veteran,
dad, graphic designer, producer/composer, and New England Patriots fan.
Bob can be heard Saturdays and Sundays at 8pm Eastern, 5pm Pacific on
the Los Angeles-based June Cain Miller radio talk show (KRLA 870am),
or live online at http://www.krla870.com/.
|