The History of the Music Industry vs The Future of Music
June 1, 2000
The history of the American Music Industry is a disheartening one, which
largely details the exploitation of artists and musicians by opportunists
and those without the musicians' best interests at heart.
For too long musicians have had too little voice in the manufacture,
distribution and promotion of their music on a national and international
level and too little means to extract fair support and compensation for
their work.
Manufacturing and distribution monopolies concentrate the power of over
90% of music sold into the hands of five labels. With huge media mergers continuing
to consolidate the decisions of what to play and promote, it becomes more
and more difficult for artists to gain exposure through the few remaining
coveted radio spots.
Historically, musicians have had one of two unattractive choices:
Align themselves with major label exploiters and agree to unfair
compensation in the hopes of one day reaching a national audience;
or
Resign themselves to working with indies and a life in the shadows.
The Good News
Recent advances in digital music technology are loosening the stranglehold
of major label, major media, and chain-store monopolies. Digital download
and online streaming technology offers musicians a chance to distribute
their music with minimal manufacturing and distribution costs, with immediate
access to an international audience. Songs that would never be programmed
through currently-existing narrow commercial channels are slipping through
the radio industry programming stranglehold and gaining exposure, thanks
to the new breed of file-sharing programs.
The Bad News
As these technologies advance, their very accessibility threatens many
of the traditional revenue streams (like mechanical royalties) which compensate
musicians, often without substituting new payment structures.
The Media and Policymakers
Most media attention to this issue polarizes discussion, focusing either
on the exploitation of artists by the major labels or on the exploitation
of the artists by Internet applications that encourage unauthorized copying.
Artists are presented with a false and unnecessary choice, support traditional
notions of artists' rights and be called a money-grubbing luddite; or
support new technology solutions and be accused of ignoring the plight
of those artists left behind. This rhetoric pretends to speak for the
artists, but in effect just continues to promote the viewpoints of moneyed
interests like The Record Labels or The Technology Companies while it
obscures some of the more promising new possibilities.
The Future of Music
We build this organization as an attempt both to address pressing music-technology
issues and to serve as a voice for musicians in Washington, DC, where
critical decisions are being made regarding musicians' intellectual property
rights without a word from the artists themselves.
No longer will corporate media and big money be able to frame the
discussion of music solely in terms of their industries, as we draw
together the strongest voices in the technology and independent music
communities to address questions of music in the marketplace with
a clear-eyed focus on the interests of the artists.
No longer will business interests or lobby groups for business interests
drown out the voices of the musicians on whose art they have built
an industry.
No longer will idealistic techies and idealistic musicians find themselves
locked into opposing sides of an issue that profoundly affects both
of our communities.
We begin this organization with the intention of addressing three pressing
areas of concern.
Piracy / Technological Innovation
The Future of Music Organization is founded on the belief that creation
is valuable and should be compensated. Here we are speaking of both
musical creation and technological creation. By drawing together advocates
for musicians' rights and innovators in Internet technology, we will
work to move the discussion away from the narrow privacy vs. piracy
discussions that dominate the general media, toward practical solutions
leveraging the strengths of digital download technology on behalf
of the artists. Our work will encourage the development of innovative
Internet music business models to guard the value of musicians' labor
and ensure that artists will continue to be paid for their compositions
and performances despite drastic changes in methods of distribution.
The RIAA's Conflict of Interest
The Recording Industry Association of America is a special interest
group that claims from time to time to lobby on behalf of musicians,
but it is funded by, and represents the interests of, the major record
companies - the same corporations traditionally known to be the primary
exploiters of the musicians that the RIAA claims to represent. The
RIAA simply cannot be trusted to serve two distinct masters - the
record companies and the artists. An important example is the "work
for hire" issue: the RIAA pushed legislation that gives major
labels the right to own musicians' master tapes in perpetuity, changing
an existing law that allowed some artists to regain the rights to
their masters after 35 years. By advocating for this language, even
while claiming to have the artists' interests at heart, the RIAA made
it clear that it is compromised, and cannot be left to its own devices
in the policy-making arena.
In a more frightening development, the RIAA is attempting to step
beyond its traditional lobbying role in order to enter the music-licensing
business by collecting and distributing royalties from webcasts. While
there is clearly a need for an organization to manage these royalties
(webcasting royalties could result in more money than currently collected
by BMI and ASCAP combined), the Future of Music has no confidence
in the RIAA's ability to represent the voice of musicians or to collect
and distribute artists' royalties from the major labels who fund the
RIAA.
The Future of Music therefore advocates for an impartial and accountable
organization to guard the value of artists' webcasting royalties.
By standing in opposition to the RIAA we hope to give voice to the
concerns of musicians who are simply not represented by an organization
whose core mission is promotion and protection of the record industry
agenda.
SDMI
The Secure Digital Music Initiative (SDMI), spearheaded by the RIAA,
was an attempt to pull together a limited group of powerful consumer
electronics manufacturers; PC manufacturers, and record labels to
develop a copyright-enabled alternative to the MP3 format. It is viewed
by many as a misguided and desperate scramble by those in the existing
music business monopoly to maintain their stranglehold on the channels
of distribution through the application of a standardized encryption
or watermarking program.
As with most technologies that are conceived and developed in a
no-feedback vacuum, without the desires of potential consumers in
mind (not to mention an understanding of the limits of encryption
technology), it was destined to fail. As much has been said by Executive
Director Leonard Chiariglione, whose comments at the May 2000 SDMI
meetings revealed a combination of infighting between competing business
interests and fatal flaws in the group's structure, which requires
all decisions to be made by consensus. While SDMI members bicker and
veto proposals based on the personal financial interests of their
multi-national corporations, consumers are presented with narrow,
confusing options that alienate them and thus do more to promote piracy,
which becomes the only viable mode of digital transfer for the great
majority of the world's existing music.
The Future of Music believes SDMI is a perfect example of what happens
when industry attempts to legislate technological advances without
the crucial input of musicians and programmers.
FMC Announces Upcoming Events Fall 2008 "What's the Future for Musicians?" seminars in New York and Chicago; Washington, D.C. Policy Day and Policy Summit set for 2009.
August 5, 2008 Press release | Event Page
FMC Commends FCC's Comcast Decision On August 1, the FCC ruled that Comcast violated net neutrality principles; the decision is a positive step in preserving the open internet. August 1, 2008
Public Enemy Frontman, Production Team and Insiders Discuss Landmark Album On July 17, FMC and Pitchfork Music Festival will host a free discussion about Public Enemy's It Takes a Nation of Millions to Hold Us Back at Chicago's Cultural Center, featuring Chuck D, members of PE's production team and music media experts.
July 8, 2008 Press release | Event Page
FMC Files Brief to Protect Creative Expression
FMC and the Center for Creative Voices in Media filed a brief at the Second Circuit Court of Appeals, arguing that the FCC's indecency policy has a chilling effect on creativity and expression and deprives the public of access to protected speech.
July 2, 2008 Press release | Indecency amicus brief (PDF)
Wilco, Bright Eyes, Aimee Mann & more "Rock the Net" on Compilation CD
Thirsty Ear Recordings to release album on July 29 to benefit FMC's "Rock the Net" campaign for net neutrality.
June 2, 2008 Press release | Rock the Net
Musicians Get the Hint About Health Insurance
Two Raleigh concerts in memory of musician Drew Glackin; proceeds go to Glackin's family and Future of Music Coalition's Health Insurance Navigation Tool
April 10, 2008 Press release FMC's HINT program
New York State Music Education Events Examine Crucial Issues Facing Artists Forums in Rochester (April 28), Syracuse (April 29) and Albany (April 30) to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres.
March 25, 2008 Event details | RSVP
Pop Rockers OK Go "Tour" Congress in Support of Net Neutrality
Damian Kulash and Andy Ross discuss the importance of open Internet structures to musicians; Kulash testifies before House Judiciary Committee.
March 13, 2008 Press release
Spoken testimony
Written testimony
Rock the Net
New York State Music Education Events Examine Crucial Issues Facing Artists Kick-off forum in Buffalo on April 2 to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres. March 7, 2008 | Event details
Philly Bands Rocking for Net Neutrality February 23 Sugar Town show at Tritone in Philadelphia will showcase lady rockers and DJs, as well as musicians' support for net neutrality. February 15, 2008
OK Go and Bonerama Rocked DC for New Orleans Musicians Bands also champion FMC's "Rock the Net" campaign for net neutrality February 2 benefit show at DC's 9:30 Club raised over $8,000 for New Orleans musicians. Bands played cuts off their new benefit EP, You're Not Alone, available on iTunes on February 5. February 4, 2008
Upcoming Washington, DC show and benefit EP from OK Go & Bonerama
On February 2, OK Go and Bonerama will play a benefit at D.C.'s 9:30 Club in support of You're Not Alone - an EP to support Sweet Home New Orleans and Al "Carnival Time" Johnson. January 21, 2008
Successful New Orleans Concerts Aid Big Easy Musicians
Last week, two benefit concerts raised over $6,000 for Sweet Home New Orleans - a coalition of non-profit organizations that helps find affordable housing and provides rental assistance for the city's musicians - and Big Easy music legend Al "Carnival Time" Johnson.
January 15, 2008 Press release | Event details
Ann Chaitovitz Appointed
FMC's New Executive Director A proven leader in musician and public policy issues, Chaitovitz replaces founding Executive Director Jenny Toomey January 3, 2008
Concerts for New Orleans Musicians Bring Artists Together Two New Orleans shows and upcoming benefit CD from OK Go and Bonerama January 2, 2008
FMC's Jenny Toomey Appointed Program Officer for Ford Foundation
Kristin Thomson to Serve as FMC's Interim Executive Director Michael Bracy to Chair FMC Board of Directors November 26, 2007
Seattle "Rocked the Net" Rep. Jay Inslee advocated network neutrality; joined by rocker Matt Nathanson, Reclaim the Media, FMC and local music business representatives October 31, 2007
Rock the Net: Campaign for Net Neutrality Rocks Seattle
Teleconference with Rep Jay Inslee on Tuesday, Oct 30. Matt Nathanson performs at Seattle's Crocodile Café on Tuesday, Oct. 30 October 26, 2007
Future of Music Policy Summit to Tackle Critical Issues at the Intersection of Music, Law, Technology and Policy Sen. Byron Dorgan and Sen. Ron Wyden to Deliver Keynote Addresses
Mac McCaughan, Bob Mould, Marybeth Peters of the U.S. Copyright Office and More Than 90 Other Panelists Confirmed. September 10, 2007 Summit home page Press Credentialing
AT&T's muting of bands points toward a pattern of silencing political speech Content monitor did not edit out 20 instances of curse words during Pearl Jam webcast, despite AT&T claim it hires monitors to block "excessive profanity". August 13, 2007
Top musicians, lawyers, technologists confirmed for FMC's 7th annual Policy Summit August 13, 2007 Press Release Summit home page Press Credentialing
FMC Statement on AT&T Silencing Pearl Jam's lyrics during Lollapalooza webcast August 9, 2007
FMC Statement on Federal Trade Commission Report on Net Neutrality June 29, 2007
FMC files testimony with House Small Business Committee on CRB Webcasting Rates June 27, 2007 Press Release | Testimony
Clear Channel strips local, independent artists of digital performance royalties
FMC has discovered that Clear Channel's online application for local and independent artists to submit their music for airplay on each of its stations requires the artist to approve a licensing agreement that does away with their digital performance right. June 22, 2007
Low Power Radio Gets New Push in Congress
Congress introduces bills to create hundreds of new low power FM radio stations to cities and suburbs across the country. June 22, 2007
FMC Announces Dates for 7th annual Policy Summit
September 17-18, 2007
GWU Betts Theatre, Washington, DC June 11, 2007
FMC Organizes "Musicians Bringing Musicians Home II"
A Benefit Concert on May 27 at New Orleans' Tipitina's for Sweet Home New Orleans featuring: Indigo Girls, Damian Kulash of OK Go, Jim James of My Morning Jacket, Matt Nathanson, Pamela Z...and special guests
May 23, 2007 Press Release | Details
Congressman Mike Doyle to address conference on music, law and technology
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 25, 2007
A2IM Endorses Rock the Net Campaign
American Association of Independent Music urges its label members to join the campaign for network neutrality. April 17, 2007
Music Mashes with Policy at upcoming Technology and IP Policy Day
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 16, 2007
FMC Applauds FCC's Payola Settlement
Payola agreement by FCC and big broadcast chains represents a major - but tentative - step toward once again opening the nation's airwaves to local music and voices. April 13, 2007
Rep. Edward Markey, Ted Leo kick off "Rock the Net"
Nearly 150 artists and labels have already signed onto campaign for net neutrality
March 27, 2007 Press Release | Rock the Net
Major Artists To Join Launch of Rock the Net Campaign for Net Neutrality March 23, 2007
FMC Statement on FCC's "Rules of Engagement" On Payola March 5, 2007
FMC Files Reply Comments in FCC Media Ownership Proceeding January 16, 2007
FMC Statement on FCC Payola Settlement
FMC's statement on FCC's reported consent decree with the broadcast industry in regards to payola. January 16, 2007
Radio Station Ownership Consolidation Shown to Harm Musicians and the Public
FMC study shows that the rapid consolidation of the commercial radio industry that followed the Telecommunications Act of 1996 has led to a loss of localism, less competition, fewer viewpoints and less diversity in radio programming in media markets across the country.
December 13, 2006 Press release Report details
FMC Organizes Musicians Bringing Musicians Home Benefit concert at New Orleans' Tipitina's on November 6th featuring Steve Earle, Mike Mills, Allison Moorer, Tom Morello, Boots Riley, Corin Tucker and special guests.
October 23, 2006 Read press release Read press coverage
Job
Losses Associated with Radio Consolidation Undermine Localism and Diversity FMC, Newspaper Guild and Consumers Union urge FCC to take employment effects
of their policies into account during upcoming review of media ownership rules August 9, 2006
FMC Releases Research on Employment and Wage Effects of Radio Consolidaton August 9, 2006
FMC on Preserving the Dynamism of the Internet Opinion Piece on ABC News June 29, 2006
FMC Statement on Senate Commerce Committee Vote in Support of LPFM June 28, 2006
FMC Statement on FCC Media Ownership Proceeding June 21, 2006
Indie-rock revolution, fueled by net neutrality Op-ed by FMC's Jenny Toomey and Michael Bracy June 13, 2006
Pearl Jam Donation To Help Musicians Help Themselves Proceeds From Washington, DC Appearance to be Donated to FMC Artist Research
Council May 25, 2006 Press Release
FMC signs on letter to preserve net neutrality May 17, 2006
FMC Announces Dates for Sixth Annual Future of Music Policy Summit
October 5-7, 2006 Media Advisory May 15, 2006
FMC Statement on Release of Feingold's Radio and Concert Disclosure
and Competition Act of 2005 November 18, 2005
FMC Sends Letter to Senate Commerce Committee in Support of a
Public Performance Right for Sound Recordings October 19, 2005
Top Names in Music, Law, Technology and Policy Return to Debate Critical
Issues at Fifth Annual Future of Music Policy Summit
September 6, 2005 Media Advisory | Policy
Summit home page
FMC Announces Health Insurance Navigation Tool
August 9, 2005 HINT Home Page
FMC Press Release: Music Mashes with Policy at DC Policy Day April 8, 2005
FMC's Michael Bracy Testifies in front
of House Judiciary Committee on "Digital Music Interoperability" April 6, 2005
FMC files comments at US Copyright Office on "Orphan
Works"
Comments also ask Copyright
Office to consider status of out-of-print recordings March 25, 2005
FMC Sends Letter to Senate Stating Concerns about S 193, Broadcast Decency Enforcement
Act March
10, 2005
FMC and artist groups file joint reply comments at FCC on localism in broadcasting,
MB Docket 04-233
January
3, 2005 PDF of document
