The Rights & Wrongs of Trading MP3 in the Singapore Context (Part 2 of 2)
The Alternative View
In a similar vein, Oakier who wrote about copyright laws in Boycott-RIAA.com (read the Notion of Copyright Laws above) explains, “We are atrophing creatively, and the industry blames declines on file sharing. Take a close look at what is being shared, and you'll see why they really are scared. Sure, top 40 hits are being shared, but I could hear those on the radio, and for free, and the industry wouldn't be yelling bloody murder. They are upset because they created a monopoly, where little music couldn't break in. These walls are falling, despite the best lobbying money could buy. Digital is cheaper, and old music that isn't even being manufactured anymore is being shared on file networks. This also is acting as a distribution channel for artists that might never have had a way to get their music out before now. This scares them in a way that is irrational. Simply look at their reaction to internet radio and you can see what their real beef is, control.”
Like Janis, Oakier’s opinion is that even if file trading promotes sharing popular MP3, it is not exactly hurting the industry much because radio is already playing them for free.
Both of them seems to agree that record companies are eager to close down P2P because it opens up possible exposure to consumer who downloads new or old music; unavailable through retail, thereby creating competition.
Labels are worried that P2P would enable consumers to bypass them; buy straight from the artists; effectively killing the need for large corporations.
These are the large corporations, who sign 10 new acts; and gets to only break 1 into the market. Their errors are passed unto consumers in the form of higher CD prices.
There is another view that record companies should counter illegal P2P MP3 trading by offering music downloads through legalised portals; and offering MP3 at a low price as compared to retail. This view presupposes that people will download tracks they have sampled and wanted to buy. Consumers, motivated by the low price, would download from a legitimate site which promises the real thing; rather than download from another party through P2P who could be sending him a fake or incomplete track. Hence, record companies and consumers benefit ideally.
E) More Thoughts on P2P
I believed I have only scratched the surface on the difficulty in understanding the conflicting issues surrounding online music trading. Given I had never worked within the music industry; I am only able to cover grounds based solely on my interest as a music fan.
More thoughts certainly have to go into thinking about copyright laws, its fairness to consumer, and the artistes because it is apparent the major labels have greater power in the argument in terms of changing public opinion and waging a war against the music lovers.
An article from P2P.net contributed by Rafael Venegas highlights the injustice of the system:
Rafael who has a lawsuit against one RIAA member, Sonolux Records, was awarded $200,000 for 16 records with songs composed by his late father, Guillermo Venegas.
His argument is that despite one of the records being sold for 5 million copies, the company only has to pay $12,500 for it whereas RIAA is entitled to as much as $150,000 against an individual for downloading or sharing a single song. He also questions the money which is being awarded to RIAA; and whether it actually benefits the artist which it claims to represent since there is no way to channel them back to the rightful party.
Even though it appears that MP3 trading is the problem, copyright laws actually lie at the crux of the argument because it reveals the music industry’s inability to figure out a way to effectively balance the relationship among the consumer, artiste and record companies.
Copyright laws have to genuinely protect the welfare of the artists. If any damages are awarded, then a system has to be created whereby it is pass on to the artiste. Artiste should be given more power in negotiating for their royalties and better contractual terms.
For the consumer, it means they should be able to access or sample music before buying what they like. Record companies overtly went overboard when they released “copy-protected” CD. These formats cannot be played in certain DVD players or computer, which is unfair to consumer who might not be able to play it with his system. With this technology, consumers are unable to make their personal compilation or mix tape; ridiculing the notion of acquisition.
Large record companies, who has greater power, should be prevented from monopolising or dominating the market using unfair practices to block out and eliminate the smaller players.
On the statistic’s front, interestingly, market research firm Music Forecasting (MF) surveys revealed RIAA lawsuits has prompted as much as 58 per cent of illegal downloaders to reduce their downloading behaviour in September as compared to last month. The research also throws up other interesting data. 40 per cent of those who downloads only do it to help them make acquisition whereas a further 13 per cent said they are unable to buy music at market prices. 35 per cent of consumers do not want to pay for an entire CD given they only like one song in it; and hence – using the Internet to download. On the other hand, recently released Ipsos-Reid survey of US college students proves that many are still downloading songs illegally with only 2% paying for it.
To demonstrate the harm done by P2P and illegal MP3 trading, RIAA reveals CD music sales fall by 15.8% during first half of 2003. However, 1000 record shops in the U.S. were closed during the same period and many stores have also sell other merchandise due to reduction in demand for music CDs.
As seen, as much as the argument by record labels that MP3 downloading directly hurt CD sales; the counterarguments are valid as well.
The plethora of information, views and statistics indicated that there is inconclusive evidence to pinpoint P2P as a contributor to falling album sales; or even if it does, hurts or destroy the music industry.
While there are no cases in Singapore whereby anyone is caught for downloading illegal MP3 and being sued for it by the RIAS or any record companies, it is possible that it might happen.
The music industry would need to prove that that downloading music files through P2P is equivalent to music piracy or injurious to copyright owners. (That is why I highlighted that record companies would need to prove that trading of files would “affects prejudicially the owner of the copyright concerned”)
F) The Singapore Context: How can we promote Singapore music?
Singapore pop music does not get enough support from various mass media. The reluctance of radio to play local music is especially important as the medium can most easily expose the local songs. The DIY concept, while applaudable, sadly, reaches out most of the time, to the same supporters.
Unlike theatre groups in Singapore, who has offer joint press statements with regards to certain issues concerning the arts; bands or musicians tend to keep to themselves and are loosely grouped. Independent musicians need to form more cohesive and formal structures to promote a collective interest and develop a more united front when it comes to promoting and making statements about Singapore music.
A formal group would not just organize gigs but activities that might allow them to break through and reach beyond their usual followers. E.g. Getting Singapore filmmakers or theatre practitioners to use their music for soundtrack.
Recognising MP3 as a way to promote Singapore music is equally important. Musicians should not be afraid of sharing their music with P2P networks, as a means to get further exposure.
The lack of printed publications is a problem when it comes to critiquing Singapore music; essential for the scene to mature. Due to the large start up cost in printing a solely music magazine, and with the imminent demise of the Arts Magazine, one proposed solution is for independent arts practitioners, film-makers, writers and musicians to look into pooling resources and publish a multi-disciplinary arts magazine that is truly independent and critical; and which is aimed at promoting local arts.
Singapore music scene needs a boost but the lack of official and strong support means that musicians need to do it themselves. The energy has to come from the ground.
