Chicago Reader

The Hat-in-Hand Plan 

With file sharing eating their lunch and no new revenue model in sight, artists are exploring new—and old—ways to get paid.

FreeMusicMagnum.jpg

Of all the changes in music distribution over the past decade, the biggest by far is that the technology is now commonplace to allow consumers to acquire music online without paying for it. Defenders of this practice, myself included, have described it as the harbinger of a revolution. We predicted that making music free on the Web would render record labels, management firms, and other industry power brokers unnecessary, allowing artists to build followings without relying on middlemen. Though it wasn't clear what new economies would arise to replace artist revenue lost to vanished record sales, we were confident a healthy and equitable system would evolve.

Needless to say, things aren't going quite that way. Though some emerging artists have certainly made file sharing work for them—the Black Kids and Drake, off the top of my head—they've by and large used free music to build their brands and secure traditional record deals. Many free-music advocates—again, myself included—are beginning to acknowledge not only that its promise hasn't been fulfilled but also that the doomsday scenarios seem to be coming true, as both major labels and independent artists struggle to survive. In a December blog post for Tiny Mix Tapes entitled "2009: Fuck Love, Let's Make Dystopia," Chris Ruen sums up this souring outlook by calling the practice and philosophy he ascribes to most file sharers "freeloading."

"Freeloading says that music is free because it 'feels' free, because it can be had for free," he writes. "Freeloaders say no expressed idea or recording has an intrinsic value. It's like water, everywhere and naturally occurring. Music is everyone's, so we're justified in taking it. No artists' labor has an intrinsic 'monetary' value, and we all need to just get over the dirty concept."

Of course, no form of labor has an intrinsic monetary value; what it's worth depends on how much people can be persuaded to pay for it. If the product of your labor can be converted into digital data, they can easily choose to pay nothing. Speaking as someone who made a record in 2009—my band Mannequin Men spent much of the year recording and promoting Lose Your Illusion, Too, on the now more or less defunct Flameshovel label—I'm a little jealous of people whose artistic output can't be downloaded.

My experience with Lose Your Illusion was a big part of the reason my opinion about free music changed so dramatically over the course of this past year. It was the first album I'd been involved with that had a real label backing it up and covering the bills—all my previous records had been self-funded, self-released DIY projects—and as such it was the first one where the music didn't "feel" free. Somebody else's money was on the line.

When Illusion leaked via RapidShare shortly before its release date, at first it felt pretty good. Someone obviously thought the album was good enough to upload, and someone else thought it was good enough to download. Surely this would generate some positive word of mouth—when the record came out it might even sell better as a result. That never happened, though. I kept track of more than a dozen file-sharing links, eventually counting more than 1,000 downloads. I'm not sure yet how many copies have actually sold, but I do know it's fewer than that. Vinyl stock was still sitting on Flameshovel's shelves when the label packed up its offices late last year. (It's now strictly a back-catalog operation, with no new releases planned.)

Maybe people just didn't like the album enough to buy it. Maybe the important thing is that it got heard, whether they liked it or not. But seeing it posted online so many times was demoralizing. Nobody doing the posting ever contacted the band to check if the leak was intentional, and I can't imagine they were thinking about Flameshovel's tiny staff trying to steer the sinking ship. That really kneecapped my idealistic enthusiasm for file sharing.

Ruen still hopes "freeloaders" can be convinced to change their ways. He thinks it will help to remind file sharers who traffic in independent music that it comes from labels that most of them claim, in other contexts, to want to support. Ruen proposes that independent record labels borrow some tactics from companies that sell fair-trade coffee—he's betting that many file sharers have ethical qualms and can be lured away from BitTorrent by a guarantee that their money is going to a label that does its business in a transparent, artist-friendly fashion.

But curtailing file sharing is probably like trying to repack Pandora's box. It's one thing to get someone to pay a 20-cent premium to feel slightly better about the coffee they were going to buy anyway; it's another entirely to get them to pay for a cup when there's a place next door giving it away. How much guilt does someone have to feel in order to forswear the nearly limitless amount of high-quality music freely available online?

It might not even be worth trying to find out. Maybe musicians should simply accept that their music is stripped of whatever monetary value it once had and busy themselves looking for those alternative sources of revenue that haven't materialized yet. Free streaming music accompanied by ads—already offered by services like Spotify—might be a solution. Corporate patronage, either through sponsorship or licensing, might be another, but few people seem sanguine about it. Ruen thinks sponsorship is just as bad for musicians as being signed to a major. And DJ Shadow, in a blog post early this month, dismisses corporate cash as unreliable—for most companies, supporting musicians is merely a form of brand extension, to be abandoned when money gets tight.

"Conventional wisdom amongst my peers," Shadow writes, "has been remarkably short-sided [sic] over the last decade: 'Yeah, CD sales are down, but all the money is in licensing.' Not anymore. 'Yeah, licensing money is down, but the video game industry is killing it.' Less so these days, according to recent data. 'Well, the real money is in touring.' Really? When was the last time you saw a 'new,' post-record company artist headline a major music festival? At this rate, we'll be stuck with Coldplay for decades (no offense intended)."

Gothy neocabaret singer-songwriter Amanda Palmer has a fan base that's something like the ideal music 2.0 audience that the free-music movement dreamed every artist would have: midsize at best, geographically scattered, but incredibly devoted. Though by her own account her 2008 solo album sold more than 30,000 copies, she might as well already be living in a world where music is free—she hasn't seen a penny in royalties and doesn't expect to. Fortunately for Palmer, her fans are eager to go along with her oddball money-making schemes—in an impromptu webcast-based auction she held in May, they bought a bunch of stuff lying around her apartment, from instruments to costumes used in video shoots to the wine bottles she and her assistant emptied during the sale.

Palmer, a former street performer, has no qualms about asking listeners to put a dollar value on her music. In a September blog post she writes that hat-in-hand solicitation is what's going to finance nonstars in the future. "Artists will now be coming straight to you (yes YOU, you who want their music, their films, their books) for their paychecks," she says. "Please welcome them. Please help them. Please do not make them feel badly about asking you directly for money. Dead serious: this is the way shit is going to work from now on and it will work best if we all embrace it and don't fight it."

Direct artist appeals make an end run around some popular freeloader rationalizations—that file sharing only hurts faceless record-company suits, that there's no point buying albums to support musicians because labels always screw them out of their cut. The question that's concerning artists more and more, though, isn't whether to attach a price tag to what they do—it's how to make that price tag stick.

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Myles - I appreciate you covering this topic. And even more so I appreciate your admission that you changed your opinion on freeloading after you had been on the other side of the coin. I have been a musician for 30+ years and I have run a small label for 10 years now here in Chicago. I also worked for a Chicago indie label for a few years. I've never supported the concept of freeloading because its simply wrong. People have a slew of reasons why they can justify the action but at the end of the day they do it and get away with it because they can. Software is in the same boat as music. We all don't run around in grocery stores and other retail outlets stealing whatever we can get our hands on. Why? Because you wouldn't get away with it. If we could all download food for free we would right!

Freeloaders argue that bands can make their money from touring, selling t-shirts and other creative money making ideas. But a lot of the artist on my label don't tour and don't even play live (or play live infrequently). And there are a lot of other bands that do the same. Bands and music should not be forced to gig, tour and do all of the other things they 'should' be doing to make money just because people want their music for free. It is not the public's decision to say who's music is free. Its the parties involved in making the music and bringing that music to the public to say whether it is free or not. Everybody in the food chain of making music gets paid for creating that music - why doesn't the band? The one party that these freeloaders claim they are supporting doesn't get their cut. The studio owners get paid, the CD plant gets paid, the graphic artist gets paid - why not the band? The band works to put all this together only to be taken advantage of by those who feel they deserve the music for free.

Bottom line is its stealing and its wrong to download music for free unless the artist and all parties involved have chosen to give it away. And people do it because they can. No argument or excuse they give justifies it. You may hate the big labels, retail chains and whoever else but that doesn't give you the right to steal. And I hope people change their minds about it soon.

Thanks,
Robert Hyman
Lens Records

Posted by lensrecords on | Report this comment

I would add big corporations are often the only ones making money from free music. Because those free files require costly equipment and access to get and play them.

Freeloaders may not recognize this as their mp3 player was a gift and/or their internet bill doesn't seem like a content cost. It doesn't change how big money is being generated and, unlike the old evil system, the artist has no claim to it at all.

I'm glad MR acknowledges the issue, but wonder why it took so long.

It was pretty clear the benefit for musicians was free distribution, not free content. Eliminating the middleman meant musicians could charge less for music while keeping more of the profit and consumers could buy more while spending the same or less.

At the very moment of this new age of commerce between artists and audience, free content evangelists attacked it with a false dichotomy of free vs. the old evil system.

Free advocates tend to brush off the money issue with at best unexamined ideas. Claiming "t-shirts and touring" could make up for selling albums ignored how production costs had dropped while the live and merch business is getting more costly and corporate.

The majority of bands always had trouble just breaking even and many do it for the loveand lose money. Freeloading, however, makes things even harder while shifting what money is left into even more priveleged hands.

I'm also tired of arguments involving celebrities who still benefit from the old system. This includes Amanda Palmer. Maybe her new album isn't paying royalties, but the industry paid her to record it, for tour, travel and promotional expenses as well as income from prior work. Despite her complaints, she's not giving her album away.

Palmer should realize her limited success with passing the hat shows how unlikely it is to work for lesser knowns. She might at least consider promoting other options - like France's attempt to collect royalities from companies which profit from mining free content.

Posted by My Opinion on | Report this comment

Hey Miles,

As a guy who ran an indie label in my youth (and lost money doing it...ask Phil M.), I'm certainly sympathetic to the plight of labels. In particular, the smaller ones that invest time, money and resources into raw talent and shepherd artists toward greater heights than they might have achieved on their lonesome. They’ve had a large hand in developing some of world’s most iconic artists of the last 50 years.

That being said, I think we all just have to accept the reality that communication technology hath wrought on recording technology and simply move on. Changing laws or attaching criminal status to the listener isn’t going to bring the recording industry back. And really, was it a business model that was ever going to succeed long term? Since the advent of recorded music, it’s been a constant struggle for the labels and artists to distribute recordings without them being exploited. The internet simply delivered the death blow that tape decks and CD burners couldn’t muster.

Obviously the hard part of it all is the money. Like most people bred of the baby boomer generation and beyond, musicians (and many writers) feel a sense of entitlement that was never enjoyed by previous generations. They want to consider themselves artists focused on creativity. They also want a nice big house and money to send their kids to college. Those competing priorities never worked for our great grandparents, but could be satisfied in the post-WWII economy because of the recording industry. It took awhile, though like many other industries recently, the recording bubble has finally burst. Like our great grandparents, we're back to passing the hat and hustling for a living. The ride on the 'Intellectual Property' train was great while it lasted.

I don't view it as a bad thing. The vast majority of artists would make their art even if they have to pay to do it. I like to think that performance art, musical and otherwise, is enjoying a golden age. Watch any concert footage from the 70's and even the best productions seem like two monkeys smacking flint rocks together compared to the light and sound productions that people almost take for granted today. Touring is hard work, but at least musicians tend to get a higher percentage of the entertainment dollars than they ever did from recording deals. And they get to express their art directly to the consumer, without necessarily getting Wal-Mart involved.

Cheers,

Max Wagner
Promoter

Posted by MaxDubleU on | Report this comment

Hey Max! Thanks again for putting out that Afflictions record. Them was some good times. Sorry we sucked so bad at selling our own music!

Posted by Philip Montoro on | Report this comment

No apologies necessary my man. I, like most of my brethren who've decided to take chances and work with talented and creative people, have no regrets. I simply can't put a price on the things I've learned or the friends I made. Finances are only one metric of success. If money was all that mattered, we'd all be stock brokers. Janet Style was a great accomplishment, record sales be damned. I'm still taking chances on creative people, and don't plan on stopping any time soon.

Posted by MaxDubleU on | Report this comment

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