Making fun of Courtney Love
Making fun of Courtney Love is fun, but i'm not here to do that. She managed to say something sensible though perhaps idealistic. She wrote an article in which she describes how ridiculous the record industry is, how bands are totally abused by labels, and how MP3s can benefit bands and fans more than the traditional system of music distribution. I will, for once in my life, give props to Courtney Love.
In defense of the MP3, she says:
Story after story gets told about artists -- some of them in their 60s and 70s, some of them authors of huge successful songs that we all enjoy, use and sing -- living in total poverty, never having been paid anything. Not even having access to a union or to basic health care. Artists who have generated billions of dollars for an industry die broke and un-cared for.
They're the rightful owners, originators and performers of original compositions.
This is piracy.
She contrats this with the alleged piracy going on in peer to peer networks where kids trade songs. She argues artists are getting ripped off not by the indie kid in South Dakota, but by the record label in LA. Agreed. It's a power struggle between those with power and those needing to sign a recording contract to pay the bills.
Courtney touches on an issue I have always felt strongly about: even as a musician, I have no issue with downloading MP3’s. They’re in everyone’s interest. If a band really strikes me, I will see their shows and buy their albums. Before the advent of the MP3, I would rarely buy a cd unless I heard most of it by borrowing a friend’s copy. Now, I can download an entire album and have the option to buy a copy if I want the improved sound quality and liner notes.
She goes on:
Let's not call the major labels "labels." Let's call them by their real names: They are the distributors. They're the only distributors and they exist because of scarcity.
Agreed. Labels don’t produce anything but marketing. They may pay radio stations to play a single and they might spot the cash for a tour, but the band normally has to pay all that money back. And since they only made a penny or two on each album sold, paying back hundreds of thousands won’t be easy unless their debut album sold millions of copies. (Not likely).
As for copyrights and contracts, she says:
When you look at the legal line on a CD, it says Copyright 1976 Atlantic Records or copyright 1996 RCA Records. When you look at a book, though, it'll say something like copyright 1999 Susan Faludi, or David Foster Wallace. Authors own their books and license them to publishers. When the contract runs out, writers get their books back. But record companies own our copyrights forever.
Well, not forever, but for a long time. Here’s an extreme example of one record label and how it handled contracts. Factory Records (Joy Division, New order, etc.), a Manchester, England label founded by Tony Wilson, did not hold the rights to the bands’ music. Instead, it simply acted as a promoter and distributor.
More specifically, the contact went something along the lines of, "Everyone is free to go when they choose and no one is contractually obliged to stay." Wilson signed his name in blood. He was quoted as describing his philosophy as: ‘the band owns everything, the label owns nothing, and everybody can fuck off.’
I’m not suggesting all record companies function like Factory- that would be ridiculous. But they could easily adopt some of the basic philosophies: the band owns the copyrights to the music, the label functions solely as distribution vehicle, and the label gives the band a fair cut of the profits.
Labels could then build a name for themselves as signing certain kinds of bands that project a desired image/message. The label would then market itself as purveyor of that image. Apparel, events, cd packages, member programs, and so on. There is no need to gouge into the band's revenue to turn a profit.