An open letter to Chris Dodd and Cary Sherman

Sirs,

I have been following the direction of legislative ideas to stop piracy for quite some time.  Although I am Canadian, I feel the need to write to you as CEOs of both the MPAA and RIAA, as you seem to be spearheading the international movements to stifle the very creativity and openness that your organizations supposedly value.

The battle over SOPA/PIPA has brought to a head the very nature of creative ventures as a whole, in the music and film industries.  Millions of people spoke out against such brutal legislative measures, and they have been put on hold…for now.  No doubt your legal teams are busy regrouping to work on American politicians to revive this horrifying assault on free speech, and if passed, I’m quite sure my government would follow.  In fact, I believe that SOPA/PIPA would have affected Canada directly, given our systems are so closely tied to yours.

My question to you is—exactly whose interests, and what interests, are you truly working for?  Mr. Dodd, you are a former U.S. senator, so we know you have the inside track to lobbying Washington.  Mr. Sherman, you and your organization have long held a reputation for assaulting your customers in the name of helping the music business.  Your statements both during the SOPA/PIPA debate and after their fall make one thing incredibly clear—you represent the interests of a few major corporations that are afraid for their existance.  You are not anti-piracy, you are anti-technology—technology which threatens a system your clients have built massive corporations around.

The MPAA, at least, is honest on their web site when they say they represent the major film studios.  The RIAA has always suggested that they represent the interests of the music industry at large, and yet, legally they only represent the major four record labels.  In fact, your organizations do nothing more than legally represent clients who are hellbent on maintaining control of the entertainment we consume, at the expense of creativity and technology.  You are losing this battle, and you are becoming increasingly desperate in your tactics to regain this control.

I am a musician and artist, and I recognize the need for intellectual property rights.  People shouldn’t be able to randomly profit off of my work, and yet the free technology of the Internet has allowed me, as an artist, to connect to people around the planet.  If someone writes me to tell me they connected deeply with my work, and they admit they found it on my download site, should I write back saying “How dare you pirate my work?  I won’t talk to you until you pay for it!”?  What good would this do me?  With digital music sales surpassing rising, now surpassing physical sales, I have to trust that this person would, in fact, eventually pay for my material?

In the case of the RIAA, when you found that ISPs weren’t as co-operative in removing web sites as you’d hoped, you began to sue individual people who had downloaded content.  Your methodolgy was so shaky, though, that you were suing young teenagers and elderly people who didn’t even own a computer.  Oh, but you did have that amnesty program where you could pay some ridiculous amount per song without litigation, or pay over $20,000 per song in the courts.  When was the last time you, Mr. Sherman, paid $20,000 to download a song legally?  And did the money go to compensate the artists who were infringed upon?  Let’s not forget that you represent companies, not artists.  When this proved to be a public relations headache, you turned to the one institution you thought you could count on—the American government.

With SOPA/PIPA, it would have made it so incredibly easy for you to stomp on web sites that allegedly contained pirated material.  I suspect that the reason the two of you so wholeheartedly supported this legislation is that it would have made it easy to stomp on independent competition as well, thus reclaiming control over what we consume.  How American.

Let’s also remember that in Canada, the companies you represent were sued for royalties they used trickery to not pay out to artists.  I guess the RIAA is just better at sweeping these kinds of tactics under the rug.  And how about that notorious blacklist regarding any film actors that spoke out against George W. Bush?  At what point did the MPAA step up to protect their actors?  You were more afraid that the backlash from conservative consumers might have affected your bottom line.

You will have to forgive me if I say that your claims of supporting the film and music industries are incredibly suspect.  Mr. Sherman attempted to equate music piracy to terrorism, a notion which should be offensive to anyone who has suffered or died under real terrorism.  Mr. Dodd, you have gone on record threatening lawmakers, who actually listened to mass concerns by most of the high-tech industry and artists alike, that you won’t support them financially if they don’t pass whatever legislation you see fit.  How dare democratically elected officials do their jobs and not what you slip money in their back pockets to do….

The fault is not in the pirates who affect your bottom line.

It’s your fault, and the fault of your client companies.

Instead of working with and embracing new technologies and new media, you have fought against it from its very conception.  Independent companies who saw the potential of technology such as the MP3 jumped at the opportunity to create new forms of art, new ways of distribution, and you sought to suppress it as a horrible alternative to physical product.  What a mess—you mean filmmakers and musicians can now make their art available to the entire world without having to sign their lives and rights over to one of your client companies?  This can’t be allowed to continue.  You have told us for years that piracy is killing you, and yet your companies continue to record profits.  You claim that physical media sales are down while neglecting to mention that digital sales continue to rise.

You have forgotten one important aspect of the Internet—the fact that it exposes all information to everyone.  We can make smarter choices in what media we choose to take in, wider choices.  This is what affects your bottom line, gentlemen—the fact that the general public is smarter and has unfiltered access to what is out there.  You just can’t pay Internet radio stations to put your product to the top of the list like you could back in the days of payola.  People are growing tired of formulaic, cookie-cutter media and finding more and more ways to access the alternative, which effectively removes your clients’ reason for existance.  And this, with SOPA/PIPA, is what you sought to extinguish—not just piracy, but creativity and competition.

Perhaps it would be best for the entertainment industry if the both of you disbanded your organizations.  Then, perhaps we could create motion picture and recording industry organizations that represented fairness to not just the major players, but all artists, labels, studios and independents so that we could all have a say in how we address industry problems.  We could engage in new technologies instead of fighting them at every turn.  We could level the playing field and allow people’s choices to determine our direction instead of antiquated manufacturing and distribution systems.

You are both thieves and liars who represent companies that steal and lie.  The only problem is, you just can’t hide it anymore.  And if the reaction to SOPA/PIPA is any indication, we’re just not buying your bullshit anymore.

Sincerely,

jason m norwood

and now we’re online….

update your bookmarks, friends, because http://www.code-000.com/ is now online! Feel free to browse the links above, including links to purchase code 000′s debut release “secret societies”. you can also follow to moonslave radio’s excellent website where you can hear my labelmates and fellow DJs play. i’ll also be updating this fairly frequently with news from code 000 and sometimes comment on all things music or let you know other releases you must hear….

launch time!

Okay, so…..I’ve advertised the page. I’m going to look at getting posts from here to transfer over to the code 000 Facebook page, as it covers two places I post updates in one fell swoop. Efficiency is the key.

As I mentioned, the basics are here but will continue to expand. Next up on my list are a [ links ] page and a page that talks about what powernoise is, where it comes from (at least from my perspective) and what it definitely is NOT. If you have any ideas or anything you’d like to see added here, don’t hesitate to jump on me with your idea. Again, dialogue is the key to just about everything…..

Integration of the designs…..

As part of my switching over to WordPress as my main way of streamlining things (so i can at least make regular updates and things!)  you’ll notice that this page has become closer to a full web site than a simple journal for the workings of code 000 and DJ Shortwave.  This site is now integrated with the [ 20 ] project, for which you will find links at the top.

On this main page, you’ll see updates on code 000, DJ Shortwave, the industrial music that has me going these days, as well as commentaries and possibly even some reviews.  Feel free to browse, and jump to [ 20 ] for my other creative projects, musical and non-musical.  Right now I’m developing things, but more and more stuff will be added daily until I’m up to speed on the WordPress sites.

Oh yeah…..and comments.  I love comments, so feel free!

hope you’re well,

code 000

Metropolis Records says “This is what we’re up against…..”

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The original article is here:  http://www.npr.org/blogs/money/2011/07/05/137530847/how-much-does-it-cost-to-make-a-hit-song?sc=emaf

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I’ve decided on something.  I believe that the unofficial creed of the major music business should be “The more things change, the more they stay the same.”  We hear everywhere that the music business is suffering due to piracy, downloading, streaming.  Read the above article and suggest that this is actually true.

Well, perhaps it is.  It’s not just obvious to the bean-counters in this business that CD sales are down, and legal downloading hasn’t completely taken up the loss.  Yes, vinyl sales are increasing dramatically, but until someone sells a million copies of an album on vinyl again, that’s still a niche market (although one I have an affinity for).  The method of major labels to produce a hit song, however, hasn’t really changed.

The above article lists the same figures we’ve been seeing since Steve Albini’s masterpiece “The Problem With Music”, just broken down a different way.  In the end, a single song cost the label $78,000.  They mention 11 songs on the album, so let’s put the entire cost of making the songs on the album at $858,000.  Add another cool million on that for all of the promotional expenses, and the label has sunk almost two million big ones on Rhianna’s latest pop opus.

What’s that?  The first $78,000 failed to create a hit?  Well, the label will keep trying.  And trying.  And spending more money on it–all money that Rhianna is expected to pay back when the game is over.  I have pretty good faith that the label will succeed.  Rhianna’s a big name, and hey….if she doesn’t make a mint off this record, the label executives will have a big pow-wow to determine why the record didn’t sell–a shift in trends with the 14-18 female market?  What’s that trend?  Okay, Rhianna, we’ll go make another record, but this time, we need to make a few adjustments to your style.

The music industry is hurting.  We don’t see it in these numbers, but the labels aren’t financing tours to the same levels that they were before, and hey….if you’re a new staffer or R&D (I prefer “research and development” to “artist and repertoire”, because R&D is essentially what these guys do), your job probably waits to hear that you worked on that new number one single, because….well, you’ll still have a job at the end of the day.

Contrast this with independent labels, the ever-surviving thorn in the side of major label executives everywhere.  In the 70′s, they co-existed happily alongside the major labels, occasionally letting one of their better sellers out into the pool of major label stardom.  In the 80′s, when the bean-counting and mass-market trends really got started, indies were the kids that weren’t supposed to thrive.  When they grew into the 90′s, the tactic changed–major labels attempted to either buy them outright and turn them into boutique labels, or gave big-money distribution deals to them.  (The catch:  “Well, you can have your say, but we’d like you to start signing bands along this line.”  As they dangle the cheque.”)  Some managed to survive with their essential sound intact, others became echoes of their new parent companies.

Starting an independent label is like starting any business–the first year is the most dangerous, and the danger exists probably into the second or third year.  The trouble is, everyone’s heard of Warner Brothers, or EMI, or BMG.  You probably have records by each of these labels in your collection somewhere.  Nobody’s heard of your indie outfit or likely the first couple of bands on them (the exception are the big bands who say “fuck you” to the majors and start their own labels).  You have to promote just to get the name out there, and then promote your artists.  What?  You don’t have a million dollars to spend on promoting one artist?  Better break out that shiny new credit card you got under the business name and hope something sticks.

What happens here is that your indie label who doesn’t have liquid gobs of cash at their disposal can’t afford to ship you to some place to play live.  I know the label I’m signed to doesn’t.  The labels do what they can, but a lot of promotion is left up to the artist.  Do I have enough money to Greyhound it all over North America to play live?  Holy hell, I wish I did.  Having to pay for a family is certainly not condusive to living the tour bus lifestyle.  But it does involve a fair amount of work no matter how you choose, or are able to, go about getting people to hear about your album and your label.  My labelmates are willing to help me and the label out, and vice versa.

Independents have that one advantage over major labels–connection with their artists.  I remember when my label head at MoonSlave Radio started talking to me about putting out an album–she hadn’t started out the label yet.  I wished her well, told her I’d send her ibuprofen for the headaches (both from running a label and having to work with me), and lo and behold….I signed the paperwork.  Having a one-to-one relationship with your label can save a lot more headaches, and even if they can’t finance a tour in the eastern US, they’ll at least help you get the connections so you can get there yourself.

Pit this up against the major label’s deep pockets, and it’s like swimming against the tide.  They have the money to create hits, and they also have the money to create culture–in essence, telling us what the next big thing is, and making it so you’re uncool if you don’t have a copy of that album.   The Internet has equalized some things to a certain extent–major labels are actually starting to panic that their target markets are becoming more intelligent, so more money goes into schmoozing with radio people and promotion to counter this by making it so you can’t get that song out of your head.  It’s becoming more cool to find new stuff on your own than waiting for a record label executive to tell you what to buy.  Now, record labels are buying up Internet domains, established web sites like My______ or whatever it’s called.  mp3.com was one of the first major indie havens for artists to expose their music online, and look what happened–major label buys out, and soon independent artists are the last thing you’ll find.

Labels like 4AD and Metropolis have managed to survive for decades by finding good music, and enjoying it first before signing it.  MoonSlave’s got a pretty good running start.  But, when you have only a small amount of cash to promote and not a million dollars, it adds up to a hell of a lot of work, and a good amount of luck, when you’re out on the field fighting Goliath to get your stuff heard.

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