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Breaking news, guys. Like, b-r-e-a-k-i-n-g. You may have heard about that stunt Radiohead pulled last week, giving away their music for whatever you feel it’s worth. Well now the pundits are out and have declared DRM dead. Or something!

But seriously, this Wired column opines that, now with DRM-free music everywhere it’s likely that music subscription services will be the victim. Reason being, if all of your MP3s are DRM-free, it opens the door for upstart companies that specialize in online jukeboxes. One such service, MP3tunes, searches users’ hard drives for DRM-free MP3s then automatically uploads them to its servers. You’re then able to listen to the music anywhere there’s an Internet connection. Why pay for something when you get it for free? I’m pretty sure that’s Generation Y’s motto.

Dying DRM Means More Freedom for Music Fans [Wired]

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You are a thief. How does that make you feel?

The big record labels are getting brazen. Really brazen. Today marks the opening of the first trial between the RIAA and a person it says illegally downloaded music. The problem for the RIAA is this person, and by person I mean damned hero, has decided to fight back. The RIAA has acted like a bully in most cases it’s pursued so far, so it’s great to see someone taking a stand.

But what’s coming out of the trial is more important than the trial itself. In testimony before the court, Jennifer Pariser, the top litigator for the Sony-BMG Music Group, was asked if she thought the act of copying a song off a CD a consumer owns should be allowed, which is how most of us get our music onto our Zunes or iPods. Her answer is nothing short of astounding. She state, under oath, that “when an individual makes a copy of a song for himself, I suppose we can say he stole a song.”

There you go, sportsfans, you’re now all dirty little thieves. Every single one of you. So are your friends, colleagues, lovers, and probably your parents as well. At least according to Sony-BMG.

Sony BMG’s chief anti-piracy lawyer: “Copying” music you own is “stealing”
[Ars]


Filesharing verkort populariteit en helpt indie-labels

Volgens een studie in Management Science zorgt filesharing voor het verkorten van de doorlooptijd van albums in de Amerikaanse Billboard Top 100. Nummers van onafhankelijke muzieklabels zouden er echter baat bij hebben. Voor het onderzoek, waarover Ars Technica bericht, werd gemeten hoe lang albums in de hitparade staan gedurende verschillende periodes. Een belangrijk tijdsvak is bijvoorbeeld …

If you are into the social music scene, bookmark ContraStream, a new music discovery engine, and go back to it on September 3 when they launch.

The site promises to help users find good music quickly. Artists upload indie music and others vote on it Digg-fashion to push the good stuff to the top of the site. It is at least somewhat similar to iJigg, which also lets users vote, Digg-like, on music.

ContraStream will leverage the user-generated voting data to create let users search/browse popular music. Each artist and album also gets its own dedicated page on the site.

In an effort to “keep the music indie,” users are encouraged to flag music that is “too mainstream.”

See more at Scopetech.

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Music2.0 and the Future of Music is yours – if you can resist the temptation of becoming just another music cartel.

On June 29, 2007, while at London Calling, I was invited to speak to a small group of indie record label leaders at the annual AIM / WINgathering in London. I took this opportunity to take a good look atwhat needs to happen in order for the independent music companies toactually take advantage of the new music economy that is unfoldingright now.   So… some of my thoughts are shared below.

 Today I want to present my views on what I like to call “Music2.0”– the next generation of the music industry that is being created as wespeak. This new model is dramatically different: many old ways of doingthings, many old relationships, and many outmoded traditions cannot andwill not survive.

I want to seduce you, the leaders of the independent musicindustry, to go down this new road with me, to take a leap, to leavesome of your assumptions and your ‘religions’ aside, and to make boldmoves – because this is required to turn this ship around.

Scott Fitzgerald, the famous novelist, said: “Thetest of a first-rate intelligence is the ability to hold two opposedideas in the mind at the same time, and still retain the ability tofunction”.  This will clearly be the music industry’s challenge going forward!

Technical and economic innovations have, for the past 10 years,stripped away many traditions, social and economic hierarchies andmonopolies in the music industry, and if there is one thing we can sayfor sure I guess that would be that it’s now show-time:the music industry is finally reaching a major inflection point; 10years after the first .com ventures shook the ground. It took a lotlonger than we all thought but it’s hitting much harder now: CD salesare down between 20 – 40% YTD, and digital sales are not making up thedifference, any time soon – and the one-horse race with iTunes clearlyis a dead-end.

We are very quickly nearing a point to where we are forced to diveinto what I like to call “Music2.0” – a new ecosystem that is not basedon music as a product, but music as a service: firstselling access, and only then selling copies.  An ecosystem based onubiquity of music, not scarcity.  An ecosystem based on mutual trust,not fear.

As Don Tapscott says, in his great book “Wikinomics” ,we can think of Web1.0 – the ‘old’ web - as some sort of digitalnewspaper, while Web2.0 is a canvas that allows information to be putup, shared, changed, and remixed. It’s about the interaction, thesend-and-receive options that make it useful and ‘special’.  And inmusic, it’s always been about interaction, about sharing, aboutengaging – not Sell-Sell-Sell right from the start.

Stop the sharing and you kill the music business –it’s that simple. When the fan / user / listener stops engaging withthe music it’s all over. Today, you urgently need a canvas for musicnot a one-way product (such as the CD).

Let’s face it: most ‘leaders’ of the major record companies as wellas some independents are, by and large, still in denial about the factthat their unit-sales-based model is utterly broken and crashingquicker than they can fathom, and many still hope for some magical technology solution to solve a business problem.

Billions of $$ have already been lost due to misguided strategies,outdated policies, and lack of true leadership. Forgive me, but it’stime to get your act together and do whatever it takes, not just whatfits comfortably into your current landscape – this is a make-it orbreak-it moment.

Record_industry_horse_trabiHow come many societies and PROs / MROs are still at a total loss whenit’s about ‘licensing the un-licensable’ (as my dear friend andcolleague Jim Griffinputs it)?  1000s of companies with innovative business models are leftunlicensed, by default (or shall I say by design?), and most of themhave given up on even trying. Major money is left on the table due totardiness and internal squabbling.  Many of the traditional musiclicensing organizations have utterly failed in their mission of makingmusic available – in fact, they have, by non-action, succeeded to make it unavailable. What you need now is action not continued excuses.

Today, we have the paradox situation that any startup that wants touse music will not even try to go legal right from the beginning, sincethere is no reasonable way of doing so. Look at the biggest exits inthis turf, during the past 2 years: myspace, youtube, last.fm – eitherthey did not bother with proper music licenses, or it was unclear ifand where and when they would even need one. Non-compliance succeededand was handsomely rewarded.

The music industry must admit that it has failed to act. Theirleaders’ clueless-ness, incomprehension and general lack of willingnessto embrace true change allowed the paying for music to becomevoluntary. Congrats.

Don Tapscott points at the year 2006: the losers built digital musicstores, and the winners built vibrant communities based on music. Thelosers built walled gardens while the winners built public squares. Thelosers were busy guarding their intellectual property while the winnerswere busy getting everyone’s attention.  Warner Music Group’s stocknose-dived from $30 to $14 in less than one year; Google rose from $323to $526, Apple went from $50 to $127.

For the independent music industry, the question is: which side doyou want to be on? Do you want to become another ‘major player’, andstay stuck in music1.0, or do you want to lead the way into music2.0?

In this context please allow me give you a glimpse of the future, so that you can make some decisions based on what is coming.

1.    Within 18 months, in many key music territories around theglobe, wireless broadband networks and device-to-device ad-hoc networkswill connect every conceivable device with each other, as well as withgigantic online content depositories – or shall I say switch-boards -that will contain every imaginable song, film, or TV show.

If you think ‘sharing’ is a big deal now, wait another 2 years – itwill be 100x as fast and enabled on every single device (not justcomputers). 3 Billion+ cell phones and 1 Billion+ music players willconnect seamlessly to each other.

Wireless broadband access and devices will become so cheap,super-fast and ubiquitous that sharing content will become the defaultsetting, at very high speeds and with anyone that is close by. Search – Find – Select – Exchange. Click and get.

How can you monetize this? By licensing participation –and the networks and the devices that enable it.  You must license theuse of any and all music on these networks, and make irresistible,irrefutable and compelling blanket offers to those that run it. Theselicense deals must be conversations not monologs. Not a stick to theISPs but a huge, shining and attractive carrot.

2.    10s of 1000s of new TV, online video, and gaming channels willbe born in the next 2-3 years – and all of them will need music to gowith the visuals. Millions of songs will be synched to video – thismarket will positively explode. It may well be that those B2B licensingrevenues end up being more than 50% of your future income.

However, exploiting these opportunities will only be possible if anefficient and frictionless system for transactions is available – thisis, imho, where the huge opportunity for the Merlin initiative (where AIM is a member) lies.Think ebay+ chemdex +ricall + pumpaudio+.  Every $ invested in betterB2B processes will make 10s of 1000s for music rights holders… whilethey sleep, or better yet, make more music.

Scarcity_gerd3.    Streaming music, on demand, will be everywhere. On every website,every widget, every mobile, every device – supported by ads,sponsorships and commissions on transactions. Performance-based incomewill surge beyond your wildest imaginations, But again, only if youfinally chose to play ball, to participate, to make irresistiblelicense and rate offerings, create reliable standards and go flat-outfor liquidity not try to maintain artificial scarcity.  BMI’s revenueshave grown from $630 Million in 2003 to $779 Million in 2006 – not badconsidering the overall demise of the recorded music market, at thesame time!  So read my mouse: It’s not the copy of the recording that makes all the $$$, it’s the use. In fact, the use of your music is the next big format you have been looking for.

4.    Rich media (i.e. ads with music, video, animations, audio etc)will become the default advertising format for online advertising,representing yet another huge growth opportunity for music. Soon, 10%+of all ad-spending will be on the Internet; and 16% of all Internet adsin 2009 will be rich media. With an estimated $ 700 Billion of globalad spending by 2009, that means $70 Billion for online ads, and over$10 Billion spend for rich media ads. 100s of millions of $$$ for musiclicenses!

5.    Digital radio will deliver 100% time- and place shifted musicexperiences, stopping only a tiny bit short of becoming another iTunes.The reality is that net radio is just another Tivo for music. Radiowill indeed become the feels-like-free, on-demand music box, onceagain: the only remaining ‘Radio1.0’ factor will be that it willcontinue to be curated and expert-produced, as well as taking in socialrecommendation and smart technology agents. The best radio stationswill become very strong brands (Radio 1, KCRW etc), out-doing what usedto be record labels. How will you license Radio2.0 if you insist onstaying with a per-copy model?

6.    All music companies will become video companies, too – musicwill be multimedia, by default (music + video + audio + text + games).If you aren’t already diversifying into video and TV you really should.

7.    China, India, South America and Africa will explode with newmodels of usage rights – bundles and flat rates based on access. Andguess what: they will indeed have those $100 computers that Negroponte is trying to bring to them!

But again, you will not have truly liquid (i.e. efficient,low-friction, vastly scalable) markets until you allow, support, andenable them.  You must swing this ship around, because right now, themusic industry is failing miserably: failing on technical and onlicensing standards, on flexible pricing offerings, on competitiveness,on compatibility, on being trusted, on transparency.

The music industry’s past was based on:
•    Control
•    Exclusivity
•    Monopoly
•    Closed-ness
•    Guarding / Protection
•    Secrecy / Non-Transparency
•    Territoriality

Your future – if you chose to go there – is based on:
•    Openness
•    Total transparency
•    Peering
•    Sharing
•    A truly global outlook
•    Liquidity

I predict that as much as 60% of this new music business -  and withthat I mean a $100 Billion music business - will be independent within3-5 years –  but only  if their leaders don’t follow the major labelsinto LIKING CONTROL MORE THAN INCOME.   Update: watch this movie clip for more details ;)

Here are a few of my favorite bottom lines:

Timepersonoftheyear20061)    The media ecosystem of the future is frictionless. That meansmusic anytime, anyhow and anywhere, ranging from free and ‘feels likefree’ to bundled, up-sold and premium’ed. Your job as a music companyis to do away with the friction, not to add to it, or even to re-insertit: on the Internet, every hurdle is treated as damage, and the trafficis simply routed around it.  Create friction and be side-stepped.

2)    It’s all about participation not prevention. Because of theutter impossibility of maintaining any real hurdles, it is absolutelycrucial that you find ways to participate in any and all forms ofcommerce that use music. Charge smartly for access but make musicavailable the same way that cell phone operators make cell phonesavailable: a very low-cost, irresistible way of engaging people… andsell-up from there. Whether it’s streaming on demand, remixes andmashups, play-listing and social network music applications, toadd-music-to-video, to digital radio – being part of it is what it’sall about.

3)    Let’s face it: the web is like a giant Tivo, a huge recorderor DVR - all performances are or can be recorded, all broadcasts reallyare deliveries. You need to stop distinguishing between music ‘to keep/ own’ and music ‘to listen to’ – our users have done this a long timeago! License the USE. Share revenues. THEN upsell to ownership.

4)    Copyright is the principle, usage right is where you monetize.Usage is where you need to focus your energies, not the ‘protection ofIntellectual Property’. This is a tough spot but again… do you wanttotal control, or do you want revenues?

5)    Very few things end completely when new inventions are takinghold – usually, the market just grows larger. And it will be nodifferent here. Yes, the fax machine and the Internet killed the Telexand telegraph, but we still have books even though we have Xeroxmachines. CDs will decline, and may fade out  completely, eventually,but nothing you do in digital music will completely wipe out physicalmedia. This is just another format, and it’s called ACCESS. And evenbetter: after you provide access, you can sell ownership again, too(think HD!)

6)    Remember that the only real limit to growth, in music and inmedia, is TIME. Media consumption will rise and rise and rise, as theofferings become cheaper and more ubiquitous, and as more of the “Digital Natives”consume multiple media at the same time. You are now engaged in abattle for the wallet and the clock – but the clock comes first.  Mindshare means time-spend means money spend!  Again, this is whereattention translates into money, and this is why the first objective isto get attention, and only then to get money. The biggest problem formost artists (and their labels) is obscurity not piracy!

7)    Engage not enrage: stop anything that enrages the users. And do it now.

8)    Guess what: you can compete with free because whatyou can offer is not free. Yes, a copy of a file is free. A CD burnedfrom another CD is free, a USB stick’s content copied to my computer isfree. But the real-life connection to the artist, the experience thatis happening around the music, the added values such as videos, films,games, chats, books, concerts and merchandising, the context (!!!) -all of that must not be free. You must stop the obsession with tryingto make money merely from selling copies, and instead provide access,because only the legitimate and authorized source (i.e.agent-label-manager) can provide the whole bundle of values that theusers, fans, the people formerly known as consumers, will buy.

Music2.0 is an unprecedented opportunity, very much like when musicwhen from acoustic to electric. Everyone wants music. More music isused on more platforms, all the time. An unprecedented hunger for musicthat you need to fulfill!

Finally, here are some challenges that I believe a music industry led by Independents must embrace.

1)    Once released, a recording becomes, in reality, available bydefault and must be made ‘usable’ under a default license – all elseequals tacitly conceding that it’s free to use without permission. As aresult of such a new ‘default license’, some rightsprinciples that we have gotten used to probably won’t translate in thisenvironment – such as the moral right of deciding where you music isbeing performed or maybe even otherwise used. However, I don’t thinkthis will apply to commercial use in films or ads - unlike the privateor semi-private use in UGC and web-generated content, and of course, topublic performance.

2)    The traditional definition of ‘copyright’ and ‘intellectualproperty’ can, for the time being, not be the sole key to monetizingyour creations. Because it is no longer about copies, it’s no longerabout the right to copy, it’s no longer about reproduction – it’s abouthow music is being used and how to participate in those much largerrevenues.

Call it ephemeral copies, tethered downloads, rented media,streaming, buffering, caching, storing, time-shifting, downloading,ripping or whatever – the fact is that digital technology has done awaywith the distinction of a so-called performance being different than aso-called DPD (digital phonographic delivery). All computers - and thatmeans all cell phones, too ! – are by definition copying machines. Asoverwhelming as this may sound, you must therefore discard the idea ofcharging more to ‘keep’ music, as opposed to just ‘listening’ to it asin radio. Instead, you must focus on charging for added values (such asa better way to keep the music ;), and on collecting revenue at everypoint of access, and then go from there. I don’t want to get into mygood old ‘music like water’ rant again, but charge for music likeutility companies charge for basic water & electricity service, andthen charge more for all the other options. The bottled water businessis a $100 Billion industry!

3)    Your revenues from selling ‘copies of songs’ will soon dwindledown to maybe 30% of your total income – the rest will be revenues fromlicensing, sync, performance, bundling, flat rates… revenue sharing andthe many other streams that are yet in their embryonic stages. Get busycreating and supporting those new revenue streams!

4)    You can’t afford exclusive rights representation at high ratesany longer, unless these institutions give you 100% coverage and aflawless solution.

5)    Forget territories except for when serving local repertoire(which is on the rise, too). Most talent is global, and your audienceis global, or at least virtually local. Internationalize right from thestart and build systems that will support that. Build a worldwidelicensing and B2B-transactions system that makes all repertoireavailable for all types of use, and build it quickly.

6)    Resist the temptation to do as the major labels have done(e.g. extract huge one-off payments, extort equity shares, license atunreasonable rates, refuse access for no reason but for market controlconcerns, sue their own customers etc) – that is a certain death wish.In fact,  now you can force them to follow you!

7)    Resist all attempts at locked / protected formats, and go for open systems.

Music_marketing_syndication)    Bundle and package music in new ways: with other services, withother products. And prepare for the Flat Rate because this is certainlycoming.

9)    Remove any and all hurdles to complete market liquidity:pricing inflexibility, lack of standards (technology), lack oflicensing transparency, territorial differences, monopolies.

10)    Embrace outsiders to jumpstart the music business. NiklasZennstrom disrupted the telecom business, Hotmail changed email,Stanford dropouts started Google – the innovation often comes from theoutside.

Call me a Utopian, call me a Dreamer, call me a ruthless Optimist, but I think this is the Future of Music.

Gerd Leonhard, Basel, Switzerland, July 1, 2007

See lots more from Gerd at his Blog.


MusicGiants: WMA Lossless Music, DRM-Free

MusicGiants To Go DRM-Less
MusicGiants isn’t the most well-known online music download service out there, but they’ve been pumping out WMA Lossless files since 2005. Until a couple weeks ago, all of the super hi-res files were locked down with Windows Media DRM, but no more! Right now you can only get Paul McCartney’s Memory Almost Full DRM-free in truly bit-for-bit identical quality to a CD, but by this fall, MusicGiants will release lots more titles that you can pirate share at will. (The company hasn’t done an official press release yet, but MusicGiants CEO Scott Bahneman recently spilled the beans to Stereophile.)

It sure makes the iTunes Music Store’s 256Kbps AAC files look pretty wimpy, and it even trumps 7 Digital’s DRM-less 320Kbps MP3s. Will you hear the difference? If you have a super hi-fi audio rig at home then it’s a good bet you will. If you have an iPod, then no, because the iPod can’t hang with any WMA format.

That officially makes MusicGiants’ files the highest-resolution DRM-less downloads around. Which begs the question: When will Steve Jobs let us download Apple Lossless files on the iTMS? Another question: When will more portable players support WMA Lossless?

MusicGiants Floats High-Rez Files without DRM [via Stereophile]


YouTube To Test Copyright Screening Technology

YouTube is preparing to test new video identification technology that will identify copyrighted material as it is uploaded.

The test will be held in conjunction with Time Warner and the Walt Disney Company in about one months time.

According to Reuters, the “video fingerprinting tools” scan for unique attributes in video clips that identify them as being copyrighted material. Media companies are then notified of the infringing material and are given the choice between having the video removed or keep it up as part of a revenue-sharing deal with YouTube.

The new video identification technology has been developed in response to repeated criticism alleging that the Google owner video hosting leader provides a safe haven for copyrighted material. That and over the over $1billion claimed in multiple law suits from various copyright holders.

The move by YouTube to implement its own copyright screening platform comes despite reports in February that YouTube had abandoned development plans and were set to exclusively use the Audible Magic platform.

It’s an understandable move by YouTube, but as Michael Arrington wrote in April, there are plenty of other choices for those seeking to view copyrighted material. New technologies may keep law suits at bay but ultimately viewers simply find the material they are looking for elsewhere.

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Digital Music Rules of the Road for Artists

Here is an useful list for success in the immediate future:

-    Utilize MySpace and otherwebsites to its full potential and don’t be afraid to “give your musicaway for free”. If one million people listen to your songs online,don’t see it as you just lost 1 million dollars in potential sales. Seeit as you just got radioplay in 100 markets.

-    You have tolearn new ways of viral marketing, including widgets and blog searchengines and don’t be afraid to experiment with putting your music innew places and contexts.

-    Look at what the most progressive record labels are doing with their artists, like Canadian Nettwerk and Barenaked Ladies and try to copy it.

-  If you play a live gig, make sure people know about it. It may seemlike a no-brainer, but it isn’t always. I don’t know how many goodshows I have missed just because I didn’t know about it. Do all you canto get in Flavorpill and other online publications. Send emails toeveryone you know and make sure everyone that shows up signs your emaillist.

-    Press vinyl copies. This might be the last thing youthink about doing, but DJs love vinyl and so do music lovers. Press afew copies and distribute them to your favorite DJs, clubs and critics.

-  Don’t sign a record deal. This may seem like a weird suggestion, butstay indie as long as possible. You want to make sure the odds are inyour favor when you finally sign with a big label or it can be ablessing in disguise.

More here from Digital Media Wire


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