tag:theconversation.com,2011:/global/topics/music-distribution-7431/articlesMusic distribution – The Conversation2015-08-03T13:28:13Ztag:theconversation.com,2011:article/454152015-08-03T13:28:13Z2015-08-03T13:28:13ZThe case against Happy Birthday copyright protection<figure><img src="https://images.theconversation.com/files/90584/original/image-20150803-6019-1md2nq3.jpg?ixlib=rb-1.1.0&rect=6%2C288%2C4281%2C2387&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/spool32/5045502202/in/photolist-8FRw2h-4ey1C-5obtFf-DMS2L-5D3F8U-9tCRQj-5crqb2-9z8Bc3-95nFdL-48kjFF-eeq5b-5bPPE6-9z5A6n-7ia96j-8knXY2-6ZgExV-6qUJsd-6A26Yj-53ERcK-9Yfq9a-53K6h5-m9ryeX-aWeyjv-5Bxx8S-eivTBt-eivTy6-bmhQ9h-6vUf64-dWVBFt-4mtUWK-4o1DCi-4smxnV-6c6qVq-4GHnLf-267coR-cPhDnL-bC2a4D-5fwGdr-ynoT6-dBHdmm-52cCXH-7UE6D8-5ZkQoC-4w2qD-7rYfWu-7i6fiV-fs8eZi-5bPJri-5D3F8S-rCSjJa">Will Clayton</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span></figcaption></figure><p>It’s probably one of the most well-known songs the world over: “Bon anniversaire”, “Tanti auguri a te”, “Happy birthday to you”. And for the past 80 years it has been under copyright, which is now owned by the publisher Warner Chappell. They earn an estimated <a href="http://www.theguardian.com/music/2015/jul/28/happy-birthday-worlds-most-popular-song-not-under-copyright">US$2m a year from royalties</a>, which are paid for the right to use the classic song in films, television, radio, advertising. But a court challenge could soon change all this.</p>
<p>Filmmaker Jennifer Nelson, who was making a documentary about “Happy Birthday” and <a href="http://time.com/3976577/happy-birthday-copyright-history/">its long history</a>, filed a lawsuit against Warner Chappell in 2013 in the US. The suit followed a charge of US$1,500 to use the song in the documentary. As well as seeking the return of this charge, Nelson’s case is fighting for the song to be declared part of the public domain.</p>
<h2>Long history</h2>
<p>The song’s history dates back to 1893 when two sisters, Patty and Mildred J. Hill, introduced it to Patty’s kindergarten class in the US state of Kentucky. Students then apparently began spontaneously singing it at birthday parties, changing the lyrics to “Happy Birthday”. Copyright was registered in 1935 after another lawsuit over its usage.</p>
<p>But now the copyright is under threat from new evidence that shows the song printed in a songbook from 1927. As this was an authorised publication, which took place without copyright notice or symbol – the argument goes – under the US copyright law of the time the melody and lyrics must be considered as part of the public domain (current copyright law does not require such formalities: protection is automatically acquired upon creation of the work). The only copyright still left would just protect certain specific piano arrangements of the song and additional lyrics that are not in common use.</p>
<p>Should such evidence be considered relevant, the US court could soon make a decision that throws out the decades-old copyright for “Happy Birthday”. Naturally, this would constitute quite a blow for Warner Chappell as the song would become freely usable, even commercially. Plus, the company might be forced to pay back millions of dollars to refund the people who have recently been licensed the song.</p>
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<figcaption><span class="caption">A common alternative to using the classic “Happy Birthday” song.</span></figcaption>
</figure>
<h2>An excessive system</h2>
<p>It’s difficult to predict which decision the court will make. What is certain, however, is that this case highlights the excessiveness of the copyright system. Many will wonder whether it is really fair to continue protecting one of the most famous songs in popular culture for more than 120 years after the melody was first composed. </p>
<p>In fact, the enduring protection is due to some technicalities of copyright law, including an extension of the copyright term <a href="http://www.copyright.gov/legislation/s505.pdf">granted by the US Congress in 1998</a>. This increased the length of time that works remain protected under copyright and has been nicknamed the <a href="http://artlawjournal.com/mickey-mouse-keeps-changing-copyright-law/">Mickey Mouse Protection Act</a> as it contributed to keeping the cartoon copyrighted for several more years. If Nelson’s lawsuit is unsuccessful, the song’s copyright will not expire in the US until 2030 (though it will enter the public domain in the EU by December 31 2016).</p>
<p>Copyright protection is good if it encourages the making of creative and artistic works. Yet one may rightly wonder whether such a monopolistic right turns out to be unjustified when copyright is “surgically” extended after the work is created and a disproportionately long protection is eventually secured.</p>
<p>There is also an argument that the Hill sisters drew on melodies and lyrics of other 19th-century folk songs. It lends itself to the idea of a freely borrowed melody, lyrics and title, used and rearranged throughout the century, which has then been monopolised and profited on.</p>
<p>We could even go as far as saying it is an affront to free speech. The song is performed by millions of people everyday and yet film directors rarely show complete singalongs of “Happy Birthday” in movies, either substituting it with other public-domain birthday-celebrating songs or avoiding the song entirely.</p>
<p>This case confirms once again that the copyright system needs to be fixed in order to avoid works that seem to belong to the public domain from being monopolised. It is no surprise that the “Happy Birthday” case was used as a prime example by US Justice Breyer when arguing against the 1998 extension of copyright protection. In his argument, “Happy Birthday” was a clear case of an overly-generous protection of copyright – and the law may soon back him up.</p><img src="https://counter.theconversation.com/content/45415/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Enrico Bonadio does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>It’s one of the best-known songs in the world and it’s the copyright preserve of music publishers Warner Chappell. But possibly not for much longer.Enrico Bonadio, Senior Lecturer in Law, City, University of LondonLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/399642015-04-17T05:24:01Z2015-04-17T05:24:01ZBack on record – the reasons behind vinyl’s unlikely comeback<figure><img src="https://images.theconversation.com/files/78216/original/image-20150416-5628-6s1t8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Object, artwork, memory.</span> <span class="attribution"><span class="source">www.shutterstock.com</span></span></figcaption></figure><p>In a music buying industry now dominated by iTunes and music streaming sites such as Spotify, Napster, Pandora and Jay-Z’s recently released Tidal, the CD and physical music store are reportedly in sharp (and potentially terminal) decline. But a curious development in music consumption has seen vinyl, the format ostensibly rendered extinct by the compact disc with its “perfect” digital sound, make an unlikely, but significant cultural and commercial comeback. </p>
<p>In an era in which even digital album sales have fallen, vinyl has bucked the trend. In 2014, record sales grew by <a href="http://www.forbes.com/fdc/welcome_mjx.shtml">more than 50% to hit more than a million</a>, the highest since 1996 – and the upward curve has continued in 2015. </p>
<p>Of course, there were those who never lost faith in the format. Vinyl is at the heart of <a href="http://recordstoreday.co.uk/">Record Store Day</a>, an event created in 2007 when some 700 independent record stores in the US combined to celebrate music retailing and the passion for music collecting. Now also a firm fixture in the UK, on April 18 Record Store Day annually collaborates with musical artists to release special edition CDs and vinyl that are strictly exclusive to the day. The event is now even more buoyed in the wake of the renewed enthusiasm for tracks on wax. </p>
<h2>Retromania</h2>
<p>On one level, this resurgence could simply be the latest manifestation of a contemporary condition – what the music commentator Simon Reynolds dubs “<a href="http://books.google.co.uk/books/about/Retromania.html?id=i3RieOqRzUEC">retromania</a>”. Old bands are reforming, new artists building their sounds and looks on classic acts, and enthusiasm for the fashions and cultural paraphernalia of the past is endemic. The revival of vinyl could be similarly motivated by mere nostalgia for the antithesis of digital streaming: large and fragile discs in cardboard sleeves that manifest a distinctly un-digital crackle when played on the similarly redundant technology of the record player. </p>
<p>But nostalgia is arguably only part of the story. Because the demand for vinyl in the UK has been so pronounced it has recently spawned an official vinyl LP album and singles chart, <a href="http://www.musicweek.com/news/read/first-official-uk-vinyl-charts-launched/061448">launched</a> on April 13. Significantly, the first #1 album of the chart was Future Hearts by the contemporary US pop/punk band, All Time Low. The majority of the <a href="http://www.bbc.co.uk/news/entertainment-arts-32251994">Top Ten</a> is similarly modern: Sufjan Stevens, Turbowolf, Nadine Shah and James Bay, but with a suitable nod to the old guard with the presence of Van Morrison. </p>
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<p>In a wider context, the <a href="http://www.officialcharts.com/chart-news/uk-s-first-official-vinyl-charts-launch-as-vinyl-sales-soar-in-2015__8906/">highest-selling albums of 2015</a> so far do reflect a distinctive fusion of nostalgia, with classic albums by bands such as Led Zeppelin, Pink Floyd and Bob Dylan mixing with modern acts such as Arctic Monkeys, Noel Gallagher’s High Flying Birds and Royal Blood. But long-established established artists of the calibre of Madonna, Daft Punk, Björk, and Jack White are also present within the resurgence and are releasing vinyl versions of their new albums. So, if nostalgia is not the sole driver for vinyl’s significant commercial comeback, what is?</p>
<h2>Warm and fuzzy</h2>
<p>A major technological characteristic cited in the comeback of vinyl is its distinctive lack of audio cleanness and perfection – what fans call the “warmth” of the vinyl sound. This apparent audio feature is produced by the flaws inherent within analogue sound production, due to – as sound engineer <a href="http://wwww.theguardian.commusic/2015/jan/07/-sp-vinyls-difficult-comeback">Andreas Lubich explains</a> – “distortion, and in the best case, harmonic distortion”. </p>
<p>The sound of vinyl is also arguably more immersive. This is a factor explored by DJ, Colleen Murphy, who has set up a series of <a href="http://classicalbumsundays.com/about/">public listening events</a> in a variety of locations chosen to maximise the acoustic impact of the music (including churches). LPs are played in their entirety, a key element in the contemporary pleasures of the format. </p>
<p>The revolutionary design feature of CD players was their ability to enable listeners to skip tracks and reshuffle albums. Vinyl, on the other hand, was and is different. Track skipping is a tricky business and, due to the fragility of the discs, you run the risk of dropping the stylus and causing damage. Consequently, the album as a track-by-track experience (as intended by the artists and central to the listening experience of classic LPs such as Dark Side of the Moon) has returned. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/78239/original/image-20150416-5657-fx1dia.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/78239/original/image-20150416-5657-fx1dia.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=466&fit=crop&dpr=1 600w, https://images.theconversation.com/files/78239/original/image-20150416-5657-fx1dia.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=466&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/78239/original/image-20150416-5657-fx1dia.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=466&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/78239/original/image-20150416-5657-fx1dia.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=585&fit=crop&dpr=1 754w, https://images.theconversation.com/files/78239/original/image-20150416-5657-fx1dia.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=585&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/78239/original/image-20150416-5657-fx1dia.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=585&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">An altar to music?</span>
<span class="attribution"><span class="source">from www.shutterstock.com</span></span>
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</figure>
<p>Media artist Jesse England also subscribes to this sense of “reverence” for the complete album immersion – he goes as far as to describe record players as “altars” for music. He has even invented a <a href="http://www.wired.com/2015/04/bluetooth-disc-plays-digital-music-like-vinyl-record/">vibrating plastic disc</a> that enables people to play digital music (via Bluetooth) on any record player, giving it that distinctive imperfect analogue sheen.</p>
<p>Similarly, the vinyl “renaissance” has led to the production of technological analogue/digital hybrids, such as portable attaché case-style record players that include USB ports for digitally recording vinyl, crackles and all. </p>
<p>Vinyl not only sounds different, but it also has a possessive quality that intangible downloads and streaming lacks. As Simon Reynolds notes, the iPod looked set to do away with “record collecting in the traditional sense”, but collecting is actually an intrinsic part of vinyl’s allure. An LP is an object and one that comes with a certain “ritual” behaviour, from the opening of the sleeve and the gentle handling of the disc, to the aesthetic qualities of the cover and the inner sleeve designs with its artwork (often considered to be art and diminished on the smaller CD case) and printed lyrics. </p>
<h2>Obstacles</h2>
<p>But it’s crucial to acknowledge that the significance of vinyl sales is not overstated. While the rise is undeniably impressive, it’s not that significant in terms of the units sold in digital formats. As Martin Talbot, the chief executive of Official Charts, <a href="http://www.bbc.co.uk/news/entertainment-arts-32251994">acknowledges</a>, the consumer-base for vinyl is “still a niche audience”. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/78243/original/image-20150416-5628-1flk5qr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/78243/original/image-20150416-5628-1flk5qr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/78243/original/image-20150416-5628-1flk5qr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/78243/original/image-20150416-5628-1flk5qr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/78243/original/image-20150416-5628-1flk5qr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=502&fit=crop&dpr=1 754w, https://images.theconversation.com/files/78243/original/image-20150416-5628-1flk5qr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=502&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/78243/original/image-20150416-5628-1flk5qr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=502&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Aladdin’s Cave for a growing pool of vinyl nerds.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/marcwathieu/13860305223">marcwathieu/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>This assessment also raises one of the most significant barriers to the triumphant return of vinyl: the manufacture of LPs. Given its near-obsolete status until comparatively recently, the technology required to manufacture vinyl has been difficult to access, given that very few factories produce records. Presses have been in short supply because they barely exist. </p>
<p>As a <a href="http://www.wsj.com/articles/the-biggest-music-comeback-of-2014-vinyl-records-1418323133">recent Wall Street Journal feature</a> reported, in 2014 90% of raw materials for vinyl production were produced by one company. This means that the future of vinyl production will require considerable investment from record companies in the re-production of expensive technology. Given the decline of the bricks-and-mortar record store within the retail landscape, distribution will also be a decisive consideration if the upsurge in demand for vinyl is to be a sustainable one.</p>
<p>But to quote Martin Talbot again on the current magnitude of vinyl sales: “To grow at the rate it is, there’s clearly something happening here.” Many other industry experts agree. It seems that many music fans are set to continue putting the needle on the record, which is very good news for the future of Record Store Day.</p><img src="https://counter.theconversation.com/content/39964/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Lee Barron does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>As Record Store Day shows, there’s a lot more to the vinyl revival than simple nostalgia.Lee Barron, Principal Lecturer in Media and Communication Design, Northumbria University, NewcastleLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/287122014-07-03T20:33:40Z2014-07-03T20:33:40ZArt is worth less in the age of Spotify – and not just financially<figure><img src="https://images.theconversation.com/files/52856/original/t442z574-1404277605.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Thom Yorke of Readiohead pulled his solo releases from Spotify in 2013, arguing that digital streaming is destroying the livelihood of artists.</span> <span class="attribution"><span class="source">EPA/ Fabrice Coffrini</span></span></figcaption></figure><p>Let’s be clear: from <a href="https://www.spotify.com/au/">Spotify</a> to <a href="http://www.pandora.com/">Pandora</a>, streamed music is killing downloads, and that’s bad for artists and music lovers.</p>
<p>The opposition between art and commerce has been a defining feature of the history of pop music. The countercultural rebellion of the 1960s, to take perhaps the most poignant illustration, was one fully permeated by romantic ideology, by a faith in the possibility of authentic art. The Beatles, the Stones, Dylan and The Doors were never simply performers but artists. </p>
<p>In a world in which almost everything had been commodified, pop stars allegedly remained champions of imagination, desire and passion.</p>
<p>How strange - indeed how mythical - those dreams of the counterculture now look. Musicians might have broken through to the other side – to paraphrase the <a href="http://www.youtube.com/watch?v=CbiPDSxFgd8&feature=kp">call to arms</a> by Doors’ frontman Jim Morrison – but it transpires that capitalism was already there and waiting.</p>
<p>The link between music and money has today been raised to the nth degree. Pop stars now routinely promote commercial brands – Bob Dylan famously made a promotional appearance for US lingerie brand Victoria’s Secret and <a href="https://theconversation.com/bob-dylans-super-bowl-ads-create-heartbreak-again-22738">lent his voice</a> to Chobani and the Chrysler in the 2014 Super Bowl. Corporate sponsorship of major artists, such as the Rolling Stones, by multinationals such as Budweiser is a major trend. </p>
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<figcaption><span class="caption">Chrysler and Bob Dylan Super Bowl Commercial 2014.</span></figcaption>
</figure>
<p>There’s also been a surge in corporate-sponsored record labels, such as Converse, Red Bull and Mountain Dew. Music, much like everything else, is just something to be marketed, manufactured, hyped.</p>
<p>Nowhere is this commercial transformation more obvious than the rise of digital music streaming.</p>
<p>In a remarkably short space of time, Spotify has become the second largest source of digital music revenue for record labels across Europe, <a href="http://www.ifpi.org/facts-and-stats.php">according to</a> the International Federation of the Phonographic Industry. But note that’s record labels, and not artists, musicians or composers.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=337&fit=crop&dpr=1 600w, https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=337&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=337&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=423&fit=crop&dpr=1 754w, https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=423&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/52862/original/6zdm3rkv-1404281058.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=423&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Spotify HQ.</span>
<span class="attribution"><span class="source">Yukino Miyazawa</span></span>
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<p>Radiohead frontman Thom Yorke was onto this early last year when <a href="http://www.theguardian.com/technology/2013/jul/15/thom-yorke-spotify-twitter">he pulled</a> his solo releases from Spotify, arguing that digital streaming is destroying the livelihood of artists across the creative industries.</p>
<p>British singer-songwriter Lloyd Cole, of Commotions fame, <a href="http://www.theaustralian.com.au/arts/music/lloyd-cole-joins-the-commotion-to-spotify-new-listeners/story-fniwj43s-1226972863679">has stated</a> the problem most plainly in an interview with The Australian: </p>
<blockquote>
<p>in the age of Spotify albums are more of a vanity project</p>
</blockquote>
<p>I asked Lloyd Cole to come to Australia to work with my colleagues at the <a href="http://www.unisa.edu.au/Research/Hawke-Research-Institute/">Hawke Research Institute</a> on these challenges – which are crucial to the future of the Australian music industry and also globally.</p>
<p>We have been crunching the numbers with Cole on the prospects of an artist surviving from royalties on Spotify. Things look bleak, to say the least. One recent estimate is that Spotify pays a majestic A$0.007 per stream. </p>
<p>That translates to 7c for every 1000 streams. Cole’s conclusion is that this is “barely enough to merit making an album at all”. </p>
<p>UK indie artist Sam Duckworth <a href="http://www.theguardian.com/music/musicblog/2013/jul/16/thom-yorke-spotify-ban-right-sam-duckworth">wrote in The Guardian</a> last year that 4,685 streams on Spotify netted him only A$32.57 – the equal of selling two CDs at one of his gigs.</p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=901&fit=crop&dpr=1 600w, https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=901&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=901&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1133&fit=crop&dpr=1 754w, https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1133&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/52859/original/5qjf2pbz-1404279953.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1133&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Beats Music is the principal competitor of Apple’s iTunes and Spotify.</span>
<span class="attribution"><span class="source">EPA/ CJ Gunther</span></span>
</figcaption>
</figure>
<p>Perhaps this might help to explain why so many emerging artists feel distressed. Perhaps it also explains why a number of established artists – from Brian Eno to Beyoncé – are limiting their exposure on Spotify to sample tracks only.</p>
<p>What it does certainly explain is that artists no longer sell but stream their work. And they do so for far less money than ever before. The entire enterprise looks insanely self-defeating.</p>
<p>At this point, I should stress that this is not a lament for some by-gone age of pop artistry. The global innovations of digital culture are here to stay, and are surely irreversible.</p>
<p>ARIA chief executive Dan Rosen <a href="http://www.businessspectator.com.au/article/2014/3/7/technology/napster-spotify-next-step-streaming-culture">has argued</a> that Spotify adds to consumer choice, expanding the range of options for consumers to access music. </p>
<p>From one angle, he is right. Online streaming services can now be added to digital downloads, free online music and other multimedia options.</p>
<p>But the point is these developments are not feasible for artists and musicians on the ground. In the age of Spotify, artistry is literally under fire. </p>
<p>In our present popular culture of streaming – where the consumer can discard, delete and disconnect at the push of a button – artistry is recast as purely episodic. The artistic worth of music today has been liquefied.</p>
<p><br></p>
<p><em>Anthony Elliott appears in conversation with Lloyd Cole for the Hawke Research Institute at MONA in Hobart on Friday July 4 at 7.00pm. <a href="http://shop.mona.net.au/single/SelectSeating.aspx?p=3022">Details here</a>.</em></p><img src="https://counter.theconversation.com/content/28712/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Anthony Elliott does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Let’s be clear: from Spotify to Pandora, streamed music is killing downloads, and that’s bad for artists and music lovers. The opposition between art and commerce has been a defining feature of the history…Anthony Elliott, Director, Hawke Research Institute, University of South AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/205082013-12-17T06:42:57Z2013-12-17T06:42:57ZEurope’s music fans sing in harmony, so why can’t industry?<figure><img src="https://images.theconversation.com/files/37874/original/2cr8pytc-1387191237.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Sing it loud in Brussels, listen to it all over Europe.</span> <span class="attribution"><span class="source">Lievan SOETE</span></span></figcaption></figure><p>Digital technology has transformed the music industry in Europe, making both distribution and piracy easier than ever. But regulators are yet to catch up with the pace of change, leaving them unable to benefit from the former or tackle the latter. </p>
<p>Policymakers in the EU have several good reasons to target inconsistencies across member states in the digital music industry. The increased circulation of music has cultural and commercial benefits. Listeners have new ways to access songs, merchandise and albums and labels can reach customers directly or through streaming services. What’s more, cultural benefits from the consumption of music in diverse languages accrue when citizens of different nations listen to music and learn about one another’s languages, heritage and perspectives.</p>
<p>There are technological, structural and logistical inconsistencies in the way music is regulated that create more barriers to consumption than the fact that the music itself is recorded in different languages. Appreciation of music does not depend on the shared cultural references in the same way as film or television. It is not exclusively interesting to the market in which it is produced and is one subtle way in which we become familiar with second and third languages and improve our regional understanding.</p>
<p>In many ways, the digital circulation of music reflects the economic and cultural values that prompted the establishment of the EU in the first place. It might even be that resolving inconsistencies in the single music market could contribute to cohesion and unity as well as making good economic sense. There are a number of issues that need to be addressed to make this happen.</p>
<h2>Pirates without borders</h2>
<p>Piracy is a big problem and one which is much more prevalent in some European countries than others. Some experience an excess of illegal downloading and sharing and are less lucrative markets for publishers and streaming services as a result. Others are striking out boldly into digital music, having recognised that this is where future revenue is to be found.</p>
<p>But what appears to be true across nations is that users switch to legal services to access music when they work well and are affordable. The success of <a href="http://www.apple.com/lu/itunes/">iTunes</a> and <a href="https://www.spotify.com/lu-de/">Spotify</a> and the growth of creative commons archive <a href="http://freemusicarchive.org/">Free Music Archive</a>, is proof of this. European regulators should be mindful of such cross-border success stories when they set the rules in the future. They could, for instance, promote the use of creative commons archives to encourage the legal streaming of music in European countries.</p>
<h2>Regional royalties</h2>
<p>Another way the marketplace for digital music functions for producers is through the collection of royalties. This is ordinarily handled by one of hundreds of collection agencies active throughout the EU, managing revenues of more than €5 billion.</p>
<p>Collecting societies manage the licensing of copyright-protected music tracks for online use on behalf of composers and lyricists and collect and redistribute their corresponding royalties. But some of these agencies struggle to make sense of the different requirements of different states.</p>
<p>In every country in the EU, the royalty agencies that collect funds for their artists have different rules and each pays artists a different rate. Sales are taxed differently in every country so it pays to hunt around to find the best country to base yourself in rather than consider yourself a truly “European” enterprise.</p>
<p>It is currently much more lucrative to base your distribution and sales in Luxembourg than many other countries, for example, as it applies a low VAT to digital sales. Removing the inconsistencies between collecting agencies and how they receive royalties from different countries could enable new organisations to enter the market. A more consistent VAT system would also be a significant step.</p>
<p>Language comes in to play here too. Given that so many different languages are used in Europe, consumers can find the process of buying and shipping music between EU nations to be frustrating, tedious or impossible. To simply access the music they want, they often have to navigate online shops that use technologically variant platforms in unfamiliar languages across uncoordinated national postal systems. While consumers appear to like listening to music from different countries, they remain less keen on buying it in a different language. The reality is that consumers are much more likely to access online music services from a storefront managed in their local tongue. That’s something for vendors to think about as they start to take a more European approach.</p>
<h2>It’s the little things</h2>
<p>There are obvious cultural, commercial and even political benefits to bringing greater consistency to the way music is distributed in the EU. Just as member states have sought to harmonise all kinds of other industries as part of their attempts to make the most out of a common market, so too should they look to making music a shared enterprise. These efforts would help strengthen the single market for music in the EU. But perhaps more importantly they could facilitate the process of harmonising cultural relations between EU member states by contributing to language acquisition and understanding. The listeners have caught on and so have the pirates. The industry too, in its own way is making progress. Now it’s time for the lawmakers to hit the right note.</p><img src="https://counter.theconversation.com/content/20508/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Philippa Nicole Barr does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Digital technology has transformed the music industry in Europe, making both distribution and piracy easier than ever. But regulators are yet to catch up with the pace of change, leaving them unable to…Philippa Nicole Barr, PhD Candidate, social sciences, Macquarie UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/187292013-10-11T03:46:33Z2013-10-11T03:46:33Z‘Doing things’ with music: the newest arm of the industry<figure><img src="https://images.theconversation.com/files/32464/original/sscdnm8q-1380860296.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Platforms that allow users to 'do things' with content could represent a new age in music distribution</span> <span class="attribution"><span class="source">Shutterstock.com</span></span></figcaption></figure><p>Even though revenues from recorded music have fallen dramatically over the past fifteen years, people across the world are not listening to less music. Actually, they listen to more recorded music than ever before. Recorded music permeates throughout almost every aspect of our daily lives. </p>
<p>Legal online music services combined with illegal online file-sharing services mean that more or less every song is available everywhere, all the time.</p>
<p>But is the notion of simply listening to music becoming outdated? </p>
<p>Legal, access-based music services such as Spotify, Grooveshark, Rdio, etc. are in their early days and are still actively searching for the optimal service and pricing structure that will allow them to compete and survive. </p>
<p>All these services share a similar structure in that they offer users unlimited access to a music catalogue for a subscription fee. Currently, the competition between these services is largely based on the size of their music catalogues and their availability on different mobile platforms. </p>
<p>However, it is reasonable to assume that eventually all of these services will asymptotically converge towards a similar music offering and will be available on all platforms and include more or less every song that has ever been recorded. </p>
<p>According to basic economic theory, the competition between similar services or products will be based on price. Profit margins will eventually shrink, and a few large players will survive and compete on an oligopolistic market. Access-based music services will, in other words, become a commodity market and behave in a similar way as the markets for sugar and petrol.</p>
<p>When the market has reached this gloomy state and the room for innovation and differentiation based on the pure access model is more or less exhausted, online music service providers will be forced to look for other ways to differentiate their services and keep up their profitability. </p>
<p>One way of doing this is to go beyond the pure access model and create services and features that provide a ‘context’ to the songs in their catalogue. </p>
<p>The context may, for instance, enable music listeners a way to search for and easily find the song they are looking for at any particular moment. It may allow users to share their music experiences with their friends, to organise their favourite music experiences in convenient ways, etc. </p>
<p>Such context-based services operate in a less deterministic and far more expansive innovation space than those services that are based on a pure access model. A provider of a context-based music service has a greater possibility to create a competitive advantage based on unique, innovative features than what is possible within the access model framework.</p>
<p>The number of context-based services grows alongside access-based music services. Today, most music services offer both access to music as well as a range of features that allow users to “do things” with that music. </p>
<figure class="align-right ">
<img alt="" src="https://images.theconversation.com/files/32469/original/rb4s6bcd-1380863146.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/32469/original/rb4s6bcd-1380863146.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=906&fit=crop&dpr=1 600w, https://images.theconversation.com/files/32469/original/rb4s6bcd-1380863146.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=906&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/32469/original/rb4s6bcd-1380863146.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=906&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/32469/original/rb4s6bcd-1380863146.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1139&fit=crop&dpr=1 754w, https://images.theconversation.com/files/32469/original/rb4s6bcd-1380863146.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1139&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/32469/original/rb4s6bcd-1380863146.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1139&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The future of the music industry depends on finding ways to take fans beyond just listening to a recording.</span>
<span class="attribution"><span class="source">shutterstock.com</span></span>
</figcaption>
</figure>
<p>The primary issue for the customer is not about getting access to music. Rather, the customers’ problem is how to navigate and ‘do things’ with the music they have access to. In essence, customer value is increasingly created by providing the audience with tools that allow them to ‘do things’ with music rather than by providing the audience with basic access to music.</p>
<p>Most online music services - such as the ones mentioned above - provide a set of context-based features. What perhaps is even more interesting is that the context-based logic is appropriated by a number of musical artists and composers that experiment with context-based concepts that go way beyond the traditional song and album structure. They create mobile applications and online services that invite fans into a creative and playful interaction where music is co-created ‘just for fun’ and not in order to create an intellectual property that can be controlled and policed.</p>
<p>These emerging tendencies raise fundamental questions about the definitions of the music industry and music organisations. Will tools and software for playing with music become recognised as a vital part of the music industry? Will it develop into a new core sector of the industry, next to live music, music licensing and recorded music? If so, what will this mean for established music companies, artists and composers? </p>
<p>When live music and music publishing increasingly became important industry sectors in the first years of this millennium, traditional record labels reinvented themselves. They built new capabilities that allowed them to serve as record labels, music publishers, management companies, live music companies, etc. They turned into ‘360-degree music companies’, which had equal emphasis on all three music industry segments.</p>
<p>If context-based services and features that allow users to play <em>with</em> music rather than merely to play music move to the centre stage of the music industry, music companies will need to add yet another new competency to their organisations. Only then will they be able to capture the growing value created by context-based music services.</p>
<hr>
<p><em>This is the fourth of our five-part series looking at the contemporary music industry. Click the links below to read the others:</em></p>
<p><strong><a href="https://theconversation.com/music-sales-are-waning-but-dont-blame-the-pirates-18426">Music sales are waning but don’t blame the pirates</a></strong></p>
<p><strong><a href="https://theconversation.com/music-streaming-revenue-structures-stacked-against-artists-18416">Music streaming revenue structures stacked against artists</a></strong></p>
<p><strong><a href="https://theconversation.com/spotify-merging-music-with-social-media-18401">Spotify: merging music with social media</a></strong></p>
<p><strong><a href="https://theconversation.com/rage-against-the-machine-music-tv-still-important-for-the-australian-industry-19100">Rage against the machine: music TV still important for the Australian industry</a></strong></p><img src="https://counter.theconversation.com/content/18729/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Patrik Wikström does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Even though revenues from recorded music have fallen dramatically over the past fifteen years, people across the world are not listening to less music. Actually, they listen to more recorded music than…Patrik Wikström, Principal Research Fellow: Creative Industries Faculty, Queensland University of TechnologyLicensed as Creative Commons – attribution, no derivatives.