The Best Music & Business News Recap – Week of 4/25/16

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Must Read Music & Business Articles From Last Week

Music Business News:

  • The Best Music & Business News Recap (Week of 4/18/16)–
  • Final Words From Prince: Stop Stealing My Music–
  • Prince Fans Pay Tribute Buying 1M Tracks, 240k Albums In USA–
  • Sony Seeks $750,000 After Fake Evidence Emerges In Lawsuit–
  • Led Zeppelin Is About to Win Its Stairway to Heaven Case–
  • Judge Assigns Administrator For Prince Estate–
  • Beyoncé’s Lemonade & Prince Dominate Mid-Week Chart–
  • Ticketfly Scores 2 Big Wins In New York City–

DIY or DIE ~ What You Need To Know To Succeed In The Music Industry:

  • Why Every Musician Needs A Website & What It Should Include–
  • Artist Images: A New Chapter In Revenue–
  • 3 Tips for Building Relationships With Hip Hop Bloggers–
  • How To Take A Headshot That Reflects Your Personal Brand–
  • How To Make Money From Your Music On YouTube–
  • Emmerge Mixes Email With Task Management on iOS–
  • Don’t Waste Money on a Lawyer: 5 Legal Steps for Every New Artist–
  • The Best Productivity Tools for Entrepreneurs–

Streaming Music:

  • What a Record Label With 2.5M YouTube Streams Actually Earns–
  • Beyoncé Lemonade Release Available For Download On Apple Music, Amazon &, GooglePlay–
  • One of MTV’s Biggest Stars Says YouTube Exploits Musicians–
  • Can Rhapsody Survive Against Spotify, Apple, Tidal, SoundCloud & Google?–
  • Spotify Slams Tidal Saying Streaming Music Exclusives Are Bad For Fans–
  • Apple Music Hits 13 Million Subscribers–
  • Tidal Exclusives Causing Major Piracy Craze–
  • Spotify Acquires CrowdAlbum–
  • The Contract Songwriters Are Signing With Spotify–
  • Streaming Music War: Apple Music vs. Spotify–

General Career & Business Tips:

  • Your Mindset Helps Ensure Success In Your Music Career–
  • Music Business Growth Hacking 101: READ If You Are Serious About Your Music Career–
  • Things Which Separate Career Musicians From Hobby Musicians–
  • 7 Resources For Finding A Job In The Music Industry–
  • 7 Self-Defeating Psychological Habits That Stymie Success–
  • What’s Working in Indie Music Today: Lessons In Success from New Artist Model–

Social Media & Marketing Tips:

  • 4 Key Snapchat Marketing Secrets From DJ Khaled–
  • 7 New Tools That Will Streamline Your Marketing Campaigns–
  • 3 Social Media Fan Scenarios That Musicians Get Wrong–
  • How Long Should A Teaser Video Be?–
  • Know About Live Video Social Media’s Latest Craze–
  • If You Use Bandcamp Or Soundcloud You MUST Tag Your Music–

Other Important News:

  • Compulsory Licenses Must Require Display Of Songwriter Credits–
  • Prince Observations–
  • What Record Stores Will Look Like In the Future–

Follow @MusicBizNetwork on Twitter, Like Us on Facebook, Follow Us on Google + & Connect With Us on Ello & LinkedIn for daily industry updates!!! Check out the rest of our site for more information about us!




The Best Music & Business News Recap – Week of 4/18/16

Music Business Weekly Recap Logo

Must Read Music & Business Articles From Last Week

Music Business News:

  • Coachella Files Lawsuit Against L.A. Marketing Firm For Scalping Wristbands–
  • Bombshell Emerges In “Stairway to Heaven” Plagiarism Case–
  • 10 Years of Music Industry Change In 10 Seconds Or Less–
  • An Independent Release Is #1 Album In USA–
  • Record Store Day 2016: What Was Hot, What Was Not–
  • Top Vinyl Sales: Record Store Day 2016–
  • Bandpage Adds AllMusic Integration–
  • Shazam For Brands wants to be the catch-all QR code of the future–
  • Facebook Launches Its Version Of Content ID–
  • Prince Dead At 57: Icon Passed Away Suddenly– 
  • How Prince Pioneered The Fight For Independence From Record Labels–

DIY or DIE ~ What You Need To Know To Succeed In The Music Industry:

  • Key Questions To Get The Most Out Of Your Live Event–
  • Want To Get On The Cover Of Rolling Stone? Follow These Tips–
  • 8 Common Ways Small Businesses Waste Money Marketing–
  • Content-Release Tricks From 4 Video Streaming Giants–
  • Finding An Audience In The College Market–
  • Get An Honest Opinion Of Your Music–
  • 8 Unusual Options For Booking Live Shows–
  • Ten Rules For Musicians On The Road–
  • Self Evaluation (Quiz): Are You Set To Succeed In The Modern Music Business?–
  • Design 101: How To Make Great Graphics Without Design Skills–
  • 7 Questions to Ask Freelancers Before You Send Them Work–
  • 5 Simple Ways To Become More Involved With Your Local Music Scene–

Streaming Music:

  • $15M Reasons Not to Launch a Streaming Music Service– 
  • SoundCloudGo Launch Leaves Unanswered Questions–
  • Sony/ATV Signs Multi-Territory Deal With SoundCloud–
  • Kanye West & Tidal Sued Over Life of Pablo Exclusive–
  • Why Prince Hated Spotify YouTube SoundCloud AppleMusic Deezer & Rdio–

General Career & Business Tips:

  • The 4 Signs It’s Time to Quit Your Day Job–
  • Why Rushing Actually Slows You Down–
  • The 3 Most Important Phrases In the Entrepreneurial Vocabulary–

Social Media & Marketing Tips:

  • When It Comes To Social Media On Mobile There’s Facebook & Everybody Else–
  • Best Post Times: Facebook & Twitter 2016–
  • 7 Insider Tips And Tricks For Musicians On Facebook–
  • Social Media Is Too Important To Be Run By The Marketing Department–
  • 5 Steps To Creating An Effective Music Marketing Plan–
  • Facebook Changing Your Timeline Again: Tips To Save Your Traffic–
  • 9 Powerful Ways to Use the Pareto Principle in Marketing–
  • Integrating Your Digital & Offline Local Marketing Campaigns–
  • Facebook Live: 6 Best Practices–

Other Important News:

  • House Passes Bill To Sabotage Net Neutrality–

Follow @MusicBizNetwork on Twitter, Like Us on Facebook, Follow Us on LinkedIn & Connect With Us on Ello for daily industry updates!!! Check out the rest of our site for more information about us!


The New Music Seminar Is HIRING!!!

The New Music Seminar  is currently looking to hire Sales Team Representatives and a Promotions/Marketing Director. Job descriptions are posted below for your review and convenience.

Sales Team Reps

Microsoft Word - NMS Sales Team Job Description 2013.docx

Promotions/Marketing Director

Microsoft Word - NMS Promotions Manager Job Description 2013.doc Microsoft Word - NMS Promotions Manager Job Description 2013.doc

For more information please contact:

About The New Music Seminar

From the co-founder and director of the original legendary New Music Seminar comes a conference for the Next Music Business.  Artists have never had so much power to control their own careers and build their success. The New Music Seminar’s mission is to create a music business in which talent can rise to its highest potential based solely on its merit, without regard to its financial resources or connections. To help artists and their representatives achieve success. To create a new economic model that better rewards both artists, their investors and those in artist services. This affordable event gives artists and their representatives the knowledge, tools and connections to step into the tomorrow’s music business today.

Featured Member: CrowdBands “You Run The Label”

About Crowdbands

Crowdbands is a crowdsourced, online record label and entertainment company.  Our community of members guides the company by voting democratically on decisions pertaining both to the label and the career decisions of our artists.


We launched in early January, and the first artist on our platform is the Donnas (see the accompanying press release).  We are actively looking to add more artists to our roster, and we have several in the pipeline.


We seek to redefine the traditional record label model and to shake up the industry’s take on artist development and artist-fan interaction.  Find out more about us and our mission here.


Join the Crowdbands Community

We are turning to you – the members of the Music Business Network, the current and future music industry professionals, the die-hard music enthusiasts – to contribute your knowledge and passion to what we are trying to accomplish.  We know that you are taking an increasingly active role in discovering and connecting with artists, and we want to empower you further.  We want you to make active career decisions for our artists, and for our company itself.


Gain valuable music industry experience, play the role of a record label executive and join our community.  Read more information about membership privileges, and join Crowdbands today!


The Donnas

The Donnas are an American female rock and roll band formed in 1993 in Palo Alto, CA when all four band members were in eighth grade.  The current lineup is Brett Anderson on lead vocals, Allison Robertson on guitar and vocals, Maya Ford on bass, and Amy Cesari on drums.


The Donnas have released eight albums to date, and are currently in the recording process on their newest album that is due out this summer.


Donnas Photos and Videos:

Press Coverage

Below are a few notable mentions of Crowdbands in the press:


Contact Information

Crowdbands, LLC

27 West 24th Street, Suite 404

New York, NY 10010

(212) 924-1266


Tom Sarig, Co-Founder:

Peter Sorgenfrei, Co-Founder:

Contact information regarding Jobs and Partnerships can be found here.





The Boston Music Conference September 2010

The Boston Music Conference (BMC) is a two-day conference that offers various educational forums, networking opportunities, and exclusive music industry events. The BMC will be held Thursday, September 24th and Friday, September 25th, 2009.

The mission of the Boston Music Conference is to educate and empower aspiring talent and entrepreneurs by providing them with the information and tools necessary to pursue a career in music and entertainment.

The Boston Music Conference will bring together 1500+ participants from around the country, including artists, entrepreneurs, entertainment personalities, students, major music industry label and corporate representatives as well as publicists and marketers.

The schedule of events for 2010 includes workshops, panel discussions and Q&A with top industry executives, showcase performances, an all-star concert bash as well as various social and networking events.

Check Out The Website For More Info:

New Music Seminar NYC Event Schedule

Opening Night Party

Where: Santo’s Party House- located at: 96 Lafayette Street (one block south of Canal Street)

What: Meeting and Networking with like minded individuals in the music industry– Co-hosted by comedians Margaret Cho and Rob Cantrell. Come network at the cocktail reception and meet the attending delegates, set up meetings for the convention and help celebrate the start of the New Music Seminar. The NMS Opening remarks will kick off the start of the evening showing the latest trends, where the business is at and where it will be going to give you valuable information to succeed.

Time/ Schedule:

6:00 –  Registration Opens

6:00-8:00 –  Cocktail Reception

8:30 – Live Performances

Day 1 of The Seminar 7/20/10

Where: Webster Hall- located at: 125 East 11th Street (between 3rd and 4th Avenue)

What: A day of getting educated by top professionals (via panels, lectures, breakout sessions, workshops, and seminars) about the current state of the music industry and its future.

Time/ Schedule:

8:30 AM – Registration Opens

9:45-10:30 – Keynote Address

11:00-12:30 – The Next Music Business Unveiled

The game has changed, traditional radio, charts, retail, music video is fading. A new world of opportunities for developing artists to do redefine success and do it themselves has emerged. Moderator: Ariel Hyatt (Ariel Publicity & Cyper PR) Panelists:Eric Garland (Big Champagne), Jay Frank (CMT), Mike Doernberg (ReverbNation), Gwen Lipsky (SoundThinking)

1:00 – Gibson Guitar Giveaway

All registered delegates at NMS NYC 2010 are automatically entered into the drawing to win a Satin White Gibson SG Raw Power Guitar (valued at $1,284)! Must be present to win.

1:30-3:00 – TED style Lectures

Four 18-minute talks, on how artists, no matter where they are at in their career, can make more money.

  • 1:30 – Tony Van Veen (Discmakers, CD Baby)
  • 1:50 – Bob Cramer & Phil Antoniadis (Nimbit)
  • 2:10 – Martin Atkins (Tour: Smart, Invisible Records)
  • 2:30 – Ralph Simon (Mobilium)

3:30-5:00 – Second Movement The future of media

In a world beyond the concept of CPM and reach and frequency, how will new artists break? The web is truly worldwide and potentially infinite. As media migrates to the web over the next 10 years, how will that change what breaks and how? Moderator: Peter Kafka (All Things) Panelists: Joe Kennedy (Pandora), David Goodman (CBS Interactive), Courtney Holt (MySpace Music)

8:00 – “ARTIST ON THE VERGE” Finals at Santo’s Party House

Come network and hear the hottest Artists who are the finalists from a national talent search who have met the criteria of rising above the noise ceiling and doing it on their own without the help of a major or major independent label. The winner will be announced on Wednesday, July 21st at NMS and receive over $25,000 worth of musical equipment, services and consultations from the new leaders of the music industry and other valuable prizes to take their career to the next level. Your NMS Badge gains you complimentary admission at the door.

Day 2 of The Seminar 7/21/10

Where: Webster Hall- located at: 125 East 11th Street (between 3rd and 4th Avenue)

What: A day of getting educated by top professionals (via panels, lectures, breakout sessions, workshops, and seminars) about the current state of the music industry and its future.

Time/ Schedule:

8:30 AM – Registration Opens

10:00- 11:30 – Third Movement: Your Live Tour: How to Rise Above the Glut, Get Beyond the 300 Ticket Barrier, Make More Money and Prepare for the Warfare That Lies Ahead:

How to get to the 300 ticket mark in multiple markets or gain the coveted opening act slot and make money as a touring musician. Learn the simple steps, do’s and don’ts and secrets from those who are making the decisions. Moderator: Martin Atkins (Tour:Smart, Invisible Records) Panelists: Corrie Christopher (Agent, VP APA), Michael Donovan (Sr. Talent Buyer, AEG Northeast)

11:30- 1:00 – Breakout Session 1

  • Tom Jackson (
  • Corey Denis (Not Shocking)
  • Linda Lorence-Critelli (SESAC)
  • Ralph Jaccodine (Manager)
  • Shannon Schlappi (Rockdex)
  • Rick Goetz (Musician’s Coaching)
  • Ariel Hyatt (Ariel Publicity/Cyber PR)
  • Marc Jacobson, Esq (Legal)
  • Dave Rosenheim (Jambase)
  • Chris McDonald (Indie Feed)
  • Jay Frank (Author, Future Hit DNA/CMT)

12:00- 1:30 – TED style Lectures

Four 18-minute talks, on how artists, no matter where they are at in their career, can make more money.

  • 12:00 – Michael Doernberg (Reverbnation)
  • 12:20 – Chris Vinson (Bandzoogle)
  • 12:40 – John Simpson (Soundexchange)
  • 1:00 – TBD

1:30-2:30 – Lunch Break

1:30- 3:00 – Breakout Session 2

  • Kissy Black (Lotus Nile)
  • Cassie Petrey (Crowd Surf)
  • Dameon Guess (Jakprints Merchandise)
  • Brian Carpizo (Eventric)
  • Michael Kauffman (Rightsflow-Limelight)
  • Joe Serling, Esq (Legal)
  • Darren Gallop (Marcato Digital Solutions)
  • Emily White (Manager, Whitesmith Entertainment)
  • Phil Sarna (Phil Sarna Business Mgmt)
  • Pam Workman (Workman Entertainment)

2:30-4:00 – Fourth Movement: The Creative Conundrum

Increasing your odds with radical differentiation. Panelists: Steve Van Zandt(E Street Band), Tom Jackson (

4:30 – Bar Opens and Cocktails Served

4:30- 6:00 – Fifth Movement: The Breaks

Artists discuss mentors and miracles. How they first broke through. Life changing moments. Moderator: Margaret Cho (Comedian)

6:00-6:30 – Closing Remarks

Announcement of the winner of the NMS “Artist on the Verge” Contest

Closing Party

Where: Santo’s Party House- located at: 96 Lafayette Street (one block south of Canal Street)

What: Meeting and Networking with like minded individuals in the music industry

Cost: Your NMS Badge gains you complimentary admission at the door.

Time/ Schedule: 8:00PM

Please go to for more information , watch the EPK and see past events which were held in New York, Chicago and Los Angeles.

The New Music Seminar NYC-7/19/10-7/21/10 If You Don’t Go To Any Other Industry Events This Year YOU SHOULD GO TO THIS ONE

This year The New Music Seminar (NMS),  is expanding into a multi-day conference and event from July 19th to July 21st at The NMS Revolution Hall @ Webster Hall in New York City.

The two day, three night conference will include a symphony of five “movements” (focused discussions) over the course of two days, 8 TED-style presentations from key industry leaders, 22 mentoring sessions, nightly musical performances and ongoing networking opportunities.

The New Music Seminar is the must-attend conference for the emerging new music industry.  The Seminars will address both the artists’ dilemma of breaking out from the ever-growing glut of music releases and the development of a new business model for a sustainable music business.
NMS featured “players” (speakers) for the upcoming New York City conference will  include: Eric Garland (Big Champagne), Joe Kennedy (Pandora) Mike Doernberg (Reverbnation), Courtney Holt (Myspace Music), David Goodman (CBS Interactive), Little Steven (Underground Garage and the E Street Band), Ariel Hyatt (Ariel PR), Corey Denis (Not Shocking), Linda Lorence, (SESAC),  Jay Frank (CMT), Gwen Lipsky (Sound Thinking), Tom Jackson (, Martin Atkins (Tour: Smart), John Simson (Soundexchange),  Corrie Christopher (APA), Chris Vinson (Bandzoogle),  and Tony Van Veen (Discmakers).  More to be announced shortly.  The Artist Movement “conducted” by Margaret Cho will feature superstar artists discussing how they got their break and tips on how to apply what worked for them.
NMS founder Tom Silverman explains, “The New Music Seminar is the epicenter of a new movement. The NMS is the creative crucible where new ideas are hatched and new collaborations formed.  The New Music Seminar is a meeting of the architects of the next music business; the creators, the investors, the technological visionaries, those for whom music is a passion that they cannot do without.”

About The New Music Seminar

From the co-founder and director of the original legendary New Music Seminar comes a conference for the Next Music Business.  Artists have never had so much power to control their own careers and build their success. This affordable event gives artists and their representatives the knowledge, tools and connections to step into the tomorrow’s music business today. Delegates all receive the New Music Business Guidebook filled with important do’s and don’ts by the experts, tips, information, forms and essential websites and blogs.  Important exhibits by sponsoring companies will help artists with their careers and there will be amazing networking opportunities throughout the event.

In the 80’s and 90’s the New Music Seminar was the catalyst for change in the Music Industry and became the largest music conference in the world.  SXSW,Canadian Music Week, Winter Music Conference and many others were off-shoots of the New Music Seminar.

NMS is back again to usher in the next music business with a curriculum that presents a new paradigm.   The next music business will be based on the relationship between artists and fans and how to manage and monetize that relationship; new deals, new economics, new relationships, new technologies, a whole new mindset.  Other conferences talk about topics only relevant to superstars such as Beyonce’s sponsorship deals and getting a song in Grey’s Anatomy.  NMS teachs artists and their representatives how to get to 50 miles an hour on their own, inexpensively and how to develop enough revenue sources to build a real career.  NMS also gives every attending delegate the NMS New Music Business Guidebook, which is stuffed with valuable forms, do’s and don’ts, promotion and marketing tips, useful web sites and more. NMS Partners participate in creating the materials for this book to assist others in the industry along with the artists, but it also helps them promote their businesses.  Other conferences have ads, an agenda and delegate information while the NMS Guidebook is a resource that can be used over and over again.

For more information or to interview Tom Silverman or Dave Lory contact WE + PR – Pam Workman at (646) 351 6700/ email: pam@workmanentertainment

To Purchase Your NMS tickets NOW go to:


Legal & Ethical Obligations of Musical Content Production & Distribution Companies

Legal Obligations

The music industry has some legal obligations when it comes to releasing violent, hateful, or sexually based content. The first amendment protects free speech (with limitations) therefore enabling them to release whatever content they desire. In the United States people are allowed to say what they want without fear of being arrested or censored. The only types of speech that are excluded from first amendment protection are: obscenity, fighting words, defamation, child pornography, perjury, blackmail, threats, “incitement of imminent lawless action, and solicitations to commit crimes.”[i] The determination of what classifies these subject matters as unprotected have been decided by the courts and reasonable tests have been derived to evaluate and control this particular kind of content. Below is a brief overview the Miller v. California case and the obscenity test derived from it, which help in determining what is not protected under the first amendment.


This case centered on an individual, Marvin Miller, distributing unsolicited pornographic, mail order, adult material. Miller lost the case, which set precedent for determining what is and isn’t obscene. A three pronged test was established to establish what is considered to be obscene. All three parts of this test must be violated in order to be convicted for obscenity; (1) the average person must find it offensive (as defined by community standards), (2) the work must depict or describe sexual content or excretory functions, and (3) the work must lack serious artistic, literary, political, or scientific value.

Although record companies are not legally obligated to do this, they comply with rating and stickering standards for their mature material. In 1985, Tipper Gore, wanting to take the, “element of surprise out of buying an album,”[ii] created the Parents Music Resource Center, so that the public was made aware of explicit and mature content. By stickering all of their products with this notice, labels are meeting their ethical obligations to the public by informing them about the content. If the public decides to purchase it and then rationalizes the terrorism of others because of it, that is their decision—the label fulfilled their ethical duties by warning them.

Ethical Obligations

Record companies do not have an ethical obligation to control the violent, hateful, or sexual content of the products they release because they are businesses. In business, the goal is to make as much money as possible. In this particular case if the music, whose lyrical content consists of the subjects mentioned above, is in demand and sells well, companies should release it (without regard to the subject matter). If an individual in upper legel management takes issue with the lyrical content, it is most likely that in a large company (like Sony, Universal Music Group, EMI, and Warner Music Group) his ethical objections to releasing the music will fall on deaf ears (because the company is more concerned about their bottom line). Aside from that, with all of the downsizing that has recently occurred, it is also possible that an individual who objects to the release of that material will get fired.

For smaller indie labels, the owner might ultimately decide what to distribute and release under his company’s name, rather than putting that duty into another’s hands. In this case, if the owner decides that the lyrical content conflicts with his own personal ethics (and he doesn’t care about his company’s bottom line as much as he does about his own perceived personal ethical obligations) he may choose not to release the material (or even sign the group creating the material). The fact is the recorded music industry is a business and their goals of generating the most revenue possible trumps ethical obligations any day in their minds.

The recorded music industry should, however, be aware of what’s going on with national and regional tragedies but they’re have been no empirical, “studies that have documented a cause-and-effect relationship between violent or sexually explicit lyrics and adverse behavioral effects.”[iii] Unfortunately, when tragedy occurs, grieving individuals want explanations as of to why it occurred. When these individuals can not accept or rationalize what has happened, they seek to blame someone else (due to guilt, denial, and shock). They’re looking for a scapegoat and unfortunately the majority of the time that scapegoat happens to be the recorded music industry.

The fact is that these tragedies occur because of biological and environmental factors, which determine the individual’s behavior. Record labels can not reasonably predict what some sociopath or unstable individual’s reaction to their music will be. They can’t control the behavior of others and therefore shouldn’t feel like it’s their fault or be blamed for releasing these types of music to society.

Charles Manson blamed The Beatles’ music for his ordering the murders of many individuals. It was derived from his belief of an impending intense race war that he thought The Beatles affirmed through their music. Charles Manson’s actions were not derived from listening to The Beatles. They were derived from his having anti-social personality disorder, “which is the clinical term for sociopath or psychopath.”[iv] Music did not cause his actions; his mental health issues did.

There have been many songs (like Blondie’s ‘One Way Or Another,’ The Police’s ‘Every Breath You Take,’  and Cheap Trick’s ‘I Want You To Want Me,’)  that at first glance seem about loving someone else and longing to be with them but, when the lyrical content is analyzed the songs are really stalker anthems. But, the public desired these tracks and no real harm was caused from their distribution. Below are select excerpts from each of the songs.

One Way Or Another Lyrics[v]

I will drive past your house/ And if the lights are all down/ I’ll see who’s around … One way or another I’m gonna find ya/ I’m gonna getcha getcha getcha getcha…One day, maybe next week/ I’m gonna meetcha, I’ll meetcha…And if the lights are all out/ I’ll follow your bus downtown/ See who’s hanging out…I’ll walk down the mall/ Stand over by the wall/ Where I can see it all/ Find out who ya call/ Lead you to the supermarket checkout/ Some specials and rat food/ get lost in the crowd

Every Breath You Take Lyrics[vi]

Every breath you take/ Every move you make/ Every bond you break/ Every step you take/ I’ll be watching you…Every single day/ Every word you say/ Every game you play/Every night you stay/ I’ll be watching you

I Want You To Want Me Lyrics[vii]

I want you to want me./ I need you to need me./ I’d love you to love me./ I’m beggin’ you to beg me.

In situations where labels are publically scrutinized for the release of the material and get blamed for the tragedy, they must attempt to control the negative press (so they don’t get boycotted and lose revenue) by doing PR damage control. They must release some sort of statement that expresses their condolences and sympathies for the victims of the tragedy, while at the same time stating that they aren’t responsible for the actions of an individual who misinterpreted the lyrical content. Yes, labels should be aware of the potential reactions to the music they release and sympathize with individuals affected by the tragedy but the music they released did not impose duress on anyone that led to them committing a heinous crime. It is because of the fact that people choose to purchase and listen to the materials distributed by the labels, that labels are not responsible for the actions of their consumers. A well known quote by Denis Leary (noted below) appropriately illustrates the ridiculousness of the music industry being blamed for tragedies.

“Explain it to me. Heavy metal bands on trial because kids commit suicide, what is that about? Judas Priest on trial because my kid bought the records, and he listened to the lyrics, and he go into Satan… ALLALALALALALLALA! Well that’s great. That sets a legal precedent. Does that mean I can sue Dan Fogelberg for making me into a pussy in the mid ’70s, is that possible, HUH?”[viii]

[i] What Types of Speech Are Not Protected By The First Amendment? 9 May 2010. First Amendment Center. 9 May 2010. <;.

[ii] Parents Music Resource Center. 2 May 2010. Wikipedia. 9 May 2010. <;.

[iii] Effects of Music on Human Behavior. 12 June 2006.  9 May 2010. <;.

[iv] Debunking Myths Surrounding Charles Manson. 9 May 2006. The Framing Business: Writings of Gavin C. Schmitt. 9 May 2010. <;.

[v] One Way Or Another Lyrics by Blondie. 1 Jan. 2010. Pop Culture Madness. 9 May 2010. <;.

[vi] Every Breath You Take Lyrics by The Police. 1 Jan. 2010. Pop Culture Madness. 9 May 2010. <;.

[vii] I Want You to Want Me Lyrics by Cheap Trick. 1 Jan 2010. Pop Culture Madness. 9 May 2010. <;.

[viii] Memorable Quotes For No Cure For Cancer. 1 Jan. 1992. IMDb. 9 May 2010. <;.

The DMCA (Digital Millenium Copyright Act)- An Overview and Case Study

The Role of the DMCA

The DMCA’s role is to protect copyright and intellectual property holders and ensure that they get paid for their works. It sets forth rules and consequences for those who circumvent DRM and illegally obtain copyrighted material. The purpose of the DMCA is to ensure that copyright holders get paid for their works, as well as, to make consumers and companies aware that if they don’t outright pay for obtaining the copyrighted material, the copyright holders can pursue civil actions against them and get compensated at a much higher rate (than they would have paid if they had not obtained it illegally). If the DMCA didn’t exist, the incentive to possess a copyright would decrease and potential copyright holders might have not develop new technologies and products (because of fear of not seeing payment for their efforts), which would stifle overall economic growth in the U.S. The DMCA also sets forth the notion that digital broadcasts for sound recordings will be paid for (via a statutory license) and also states that royalty rates will be set by law at fair market value which, ensures compensation for musicians, publishers, and record labels.

The DMCA & The YouTube/Viacom Lawsuit

The DMCA will be the primary legal act that will govern the ruling of this case. According to the DMCA, YouTube is a service provider. Viacom should not win the lawsuit because YouTube is technically not breaking any laws (including those set forth in the DMCA). The DMCA asserts that a service provider must adopt and implement a policy to remove infringing material (which they have). The DMCA also limits the liability of service providers who solely act as a data conduit (which YouTube is). According to the DMCA, YouTube does qualify for this liability limitation for the following reasons:

  • The transmission of videos is initiated by users (a person other than YouTube)
  • YouTube doesn’t select any of the material that is posted (the transmission is carried out through an automatic technical process—user uploading)
  • YouTube doesn’t determine the recipients of the material (users log on and choose what they’d like to see), and
  • YouTube transmits videos (material) without modifying its content.

According to the terms of the DMCA, YouTube is not doing anything wrong and can’t be held liable for the actions of its users.

A Brief Note About Performance Royalties

According to copyright law, a public performance of a piece of music occurs when music is, “recited, rendered, or played, either directly or by means of any device or process.”[i] “Performance royalties are derived from the public performance of a song, most commonly on radio, television,”[ii] and in bars, clubs, and venues.

A music or video download is not a performance. Downloads are considered to be the equivalent of purchasing a physical product (be it a CD, Music DVD, or a CD Single). A digital performance, as defined by the Copyright Royalty Board, is considered to be the streaming of a track to a user. The digital performance occurs when a song or video is broadcast and consumed simultaneously (as it is with streaming content).  A download, on the other hand, typically isn’t consumed until after the music/video is on the computer or mobile device.

The only way a video download could be considered a performance is if consumers download TV shows or movies that contain music (which was not paid for as an online performance). For the original airing of shows and movies, synch licenses were negotiated, however if online synch terms were not negotiated (and a movie or TV show containing that music is downloaded) a performance royalty is owed to the copyright holder.

[i] When A Performance Isn’t A Performance. 13 Apr 2007. The Register. 27 Nov. 2009. <;.

[ii] Publishing Primer. 1 Jan 2002. Wixen Music Publishing Inc. 27 Nov. 2009. <;.

The Shift From The Industrial Information Economy to The Networked Information Economy

Information Economics

In an industrial information economy select groups of people control the distribution of information. All information in an industrial information economy is distributed through media outlets and costs companies and individuals exorbitant amounts of money (to obtain coverage). At the end of the 1990’s and beginning of the 2000’s, the widespread use of the internet jump started a transformation from a strictly industrial information economy into a networked information economy. In a networked information economy, many people are able to (as opposed to select groups) distribute information to many other people. The networked information economy allows for more individuals’ voices to be heard because capital constraints are reduced. The networked information economy democratizes the distribution of information. A networked information economy improves individuals’ abilities to “(1) do more for and by themselves, (2) do more with loose affiliations with others, and (3) do more in formal organizations that operate outside the market space.”[i] The networked information economy differs from the industrial information economy by enabling culture to be more transparent and flexible. The networked information economy facilitates this because larger, more diverse groups of individuals (than in an industrial one) are distributing information.

A strictly industrial information economy allowed major record labels to have great power in making or breaking an artist. Major labels (particularly in the 1990’s) controlled the distribution of information about particular releases and had the money to get mass media coverage. Their control of information distribution, through their ability to garner mass media support, allowed them to attract widespread public support (reflected in high sales) for their artists’ releases. After the shift (from the industrial information economy to the networked information economy) started to occur, major labels and mass media outlets began to lose their ability and influence in attracting mass public support for their releases. The reason why this happened is because potential consumers’ attention became more fragmented and many people stopped paying strict attention to mass media. The networked information economy allows for unsigned artists to attract the attention of potential fans directly (through sites like MySpace and YouTube). In a networked information economy, music fans and other non mainstream media personnel are also given the opportunity to discuss, promote, critique, and market these smaller, less known artists to other like minded individuals (through using blogs, newsgroups, and social networks). The networked information economy helped to create a opening for musicians, that didn’t rely solely on major labels and mass media, to become successful.

Information Production Strategies

The industrial information economy, as it pertains to the music industry, primarily relies on rights based exclusion information production strategies. The networked information economy is more open in lending itself to non-exclusion market information production strategies. Artists have historically been “romantic maximizers,” (authors and composers who sell to publishers) seeking to obtain monetary gains from the direct creation of content. In the new, networked information economy, (although being a romantic maximizer is still an option for artists) it is more likely for an artist to reap greater benefits from being “scholarly lawyers” (individuals who make money from the production of information but not from the exercising of their exclusive rights). In a networked information economy an artist (and labels) lack the strong distribution control that once allowed the romantic maximizer, Mickey, and RCA models to dominate the industry. In a networked information economy, if an artist solely relies on being a romantic maximizer, they will spend most of their time trying to protect their work from being distributed illegally and will not be able to achieve the maximum benefits offered by the networked information economy. However, if an artist shifts from being a romantic maximizer to being a scholarly lawyer, they will be able to focus less on direct sales of their music and more on the promotion of themselves and their music (thereby enlarging their fan base). Fans would be able to spread the artist’s music to other potential fans and thus increase the money he or she would make from touring, live performances and merchandising. If the artist’s musical information were able to travel freely (without cost restrictions) they would potentially be able to attract a wider fan base and achieve greater brand awareness.

Competing for the Future

According to Hamel and Prahalad, in order to compete for the future one must, “(1) change the fundamental rules of engagement in the industry, (2) redraw the boundaries between industries, and/or (3) create entirely new industries.”[ii] Hamel and Prahalad state that one must understand is that “the short term and the long term are tightly intertwined,” and that the “future is now.” If artists are focused solely on their present endeavors and not thinking about their future (business wise), they will ultimately fail. Another thing Hamel and Prahalad state is that one must learn to forget the past. Artists must recognize that the days of the superstar, quadruple platinum selling artists are over. Until an artist can recognize that the environment no longer allows for that, they will fail to meet their goals.

Artist Insights

The transition from a strictly industrial information economy to a networked information economy has made it easier for new and independent artists to reach potential fans. Websites like, MySpace, YouTube, twitter, and facebook have enabled them to network with their current and potential fan base and achieve popularity. In order for an artist to earn a living five years from now he or she must be able to reach their fan base directly, change their content distribution strategies, follow trends and foresee future ones.

In recent years, it has become easier for artists to create, distribute and promote their music without large initial investments. The use of home audio recording equipment, digital distribution and social networking sites has made this possible. No longer does an artist need to be signed to a record label to be successful. An artist needs to have an understanding of their target market and know how to reach them effectively, through their web presence. Knowing how to properly navigate the myriad of internet music sites will help an artist to reach and grow their fan base. An artist must constantly find creative ways of interacting with fans on the various web platforms they utilize, keep up with growing platforms, and understand how consumers actually use them. If an artist can do these things, they will be successful in continually gaining recognition from potential consumers.

In order for an artist to earn a living 5 years from now, he or she must change their content distribution strategy. Historically artists have pursued the “romantic maximizer” strategy for producing and exploiting their content. This strategy has become increasingly less effective in recent years. Music consumers are no longer interested in strictly obtaining musical content (as demonstrated by the continual decrease in sales of recorded music).

With the transition to a networked information economy, information and ideas have become more free flowing than ever before in history. This shift has also made it increasingly difficult for artists to track the exchange of their music from person to person. If an artist seeks to have a long-term career in the music industry, they must adapt their content distribution strategy. Their strategy can no longer rely on charging potential consumers for the distribution of their work and attempting to stop potentially infringing activities. Their strategy must switch to a “scholarly lawyer” strategy. If an artist allows their recorded music to change hands at no cost, they are more likely to stimulate the demand for their other music goods (because more people have the ability to access it). The increased exposure that this encouraged sharing would generate would directly link to an increase in purchases of other music goods that the artist has to offer. Adapting this strategy would increase attendance at their live performances and would increase the demand for their music to be featured in television shows and in movies.

An artist must be able to follow trends and foresee (or create) new ones, in order to be successful in the future. If an artist acts solely as a follower, they will be at the mercy of innovators and will eventually lose sales and fans to them. If an artist is a trendsetter, then they won’t run the risk of losing consumers because they will continually be changing and adapting to consumer needs and desires. An artist must understand their current and future consumer base in order to successfully adapt for the future. If an artist starting out now wants to be successful 5 years from now, they must take steps away from what most other artists in the industry are doing (like focusing on the direct sales of music) and focus on what most other artists aren’t doing. They must recognize the shift away from recorded music and capitalize on the goodwill and promotion that they could get by giving their music away for free.

[i] The Wealth of Networks. 1 Feb. 2009. Yochai Benkler. 1 Feb. 2009. < >.

[ii] Hamel, Gary & C.K. Prahalad. Competing for the Future. Boston: Harvard Business School Press, 1996.