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By Samuel Greengard Five Grammy Awards and
nearly 30 years in the music business haven't prepared Robert Cray for
the chaos that has descended upon the recording industry. Over the
past few years, he's watched CD sales sink and illegal downloading
skyrocket. He's seen the Web evolve into an important marketing tool,
and the link to his fans grow ever more crucial-and tenuous.
"Technology has changed everything," says the 50-year-old blues
artist. "It's not the same business it was only a few years ago."
Like many performers, Cray is eyeing the change with both
resignation and skepticism. On one hand, the ability to load one's
favorite tunes onto a portable music player or custom CD and listen on
the go is downright appealing. "Computers and the Internet have
created new ways to enjoy music," he says. On the other hand,
"Technology has made it too easy to steal music. It has become a boon
to bootleggers."
The Digital Revolution
Greetings from the epicenter of the digital revolution. These days,
music companies and recording artists are trying desperately to cope
with the fallout from digital technology. File-sharing services with
names like Kaaza, Morpheus and Grokster make it painlessly simple to
swap songs over the Internet. And the advent of CD and DVD writers on
computers allows just about anyone to create custom compilations.
All of which is causing plenty of static. According to the
Recording Industry Association of America (RIAA), shipments of CD
albums, singles and other recorded music plummeted by 15.8 percent
during the first half of 2003. In September, the music industry
responded by filing copyright infringement lawsuits against the most
serious violators. If convicted, each defendant could wind up paying
as much as $150,000 per song. Even U.S. Sen. Orrin Hatch has entered
the fray. He has proposed destroying the computers of file-sharing
fans.
"We are witnessing a profound change in the way music is
distributed, managed and consumed," says Mike McGuire, a research
director at market research and consulting firm GartnerG2. "Computers,
the Internet, broadband connections and file-sharing networks have
disrupted a business model that is almost 100 years old." And while
services such as Apple's iTunes and Real Networks' Rhapsody have shown
that a viable market -exists for legal downloadable music services,
the future of music itself is about as murky as a Louisiana bayou.
Not the Same Old Song and Dance
Just as Thomas Edison's invention of the phonograph brought music
from concert halls and taverns into the living room, this new
generation of technology is stirring a not-so-quiet upheaval. CDs,
which shoved aside the venerable LP in the early 1980s, may soon fall
into the dust bin of history. MP3s and other digital music file
formats are burgeoning. And Internet and satellite radio is redefining
the way people listen to music.
Today, consumers have more options than ever. Whether your taste
runs toward Beethoven or the Beatles, Enya or Eminem, it's clear that
the ability to manage and manipulate digital music on an assortment of
devices is quickly gaining mainstream appeal. Most new PCs now come
with drives capable of creating audio CDs. Portable digital audio
-players costing $100 to $300 are among the hottest -consumer
electronics devices, and the newest models hold hundreds of hours of
music in a pocket-sized unit.
Putting so much power in the hands of consumers-including the
ability to "rip" (copy) a CD onto a computer's hard drive, has
enormous repercussions. As the music industry has discovered
firsthand, it's next to impossible to compete against "free." While
the file-sharing program Napster may have unleashed the widespread
illegal copying of songs in 1999, it certainly didn't create the
demand. "The music industry has viewed digital music as a threat
rather than an opportunity. They have been too slow to adapt their
business model," McGuire notes.
Performers such as Marcia Ball, an Austin, Texas-based blues artist
who has recorded 10 -albums over a 30-year span, believe that the high
price of CDs and a perception of greedy music labels have further
stoked the fire. "When CDs hit the market, the thinking was that it
should have lowered the price of music because they are less expensive
to produce than vinyl. Since then, prices have jumped dramatically,
and consumers are angry," she says. Likewise, many services selling
legal downloads have attempted to command full list price for
albums-despite a far less costly online distribution model.
When a wave of file-sharing programs appeared a couple of years
ago, they hit like a tsunami. Suddenly, entire catalogs were available
to anyone with a PC, an Internet connection and the right software.
And individuals of all ages and demographics began logging on-even
though many knew what they were doing was illegal. "File-sharing
programs proved that there was a huge demand for digital music
available through online channels," says James DeLong, a senior fellow
at The Progress & Freedom Foundation, a Washington, D.C., think tank
that tracks technology and digital copyright issues.
That was the good news. The bad news was that freely exchanging
copies of songs began to hit the music labels and many in the
industry-from high-profile rock bands to rank-and-file staff-directly
in the pocketbook. In fact, it wasn't until Apple Computer introduced
its iTunes service in April 2003 that a successful online model
finally emerged. In its first week alone, subscribers downloaded 1
million tracks at 99 cents each. And when the company launched iTunes
for Windows in October 2003, eager music fans downloaded more than 1
million files within three days. The iTunes catalog has swelled to
beyond 200,000 tracks.
With royalties, usage rights and legal issues clouding the picture,
putting a digital distribution system in place is no simple task. Yet,
as Apple has proven with iTunes, it is possible to build a viable
business model. And now, a slew of other services is hoping to cash
in. BuyMusic.com offers more than 300,000 songs online, including
leading acts like the Rolling Stones, Neil Young, Elvis Presley,
Aretha Franklin and Sting. It's possible to download the music by
track or by album, burn it to CD and transfer it to a portable player.
Other services, such as Rhapsody, MusicNet at AOL, MusicNow,
PressPlay and a relaunched, pay-per-tune version of Napster, all offer
variations on the theme. For example, Rhapsody offers unlimited
CD-quality listening privileges to more than 20,000 albums for $9.95
per month. It features the Stones, U2, Elton John, Bruce Springsteen,
Simon & Garfunkel and R.E.M., as well as extensive selections of jazz,
country and classical music. Subscribers can also download tracks for
79 cents and burn them onto a CD. At present, subscribers listen to
more than 16 million audiostreams each month.
A major turning point for Rhapsody took place last summer, when the
Rolling Stones opted to make their catalog available through the music
service. The legendary rock band's appearance online is both symbolic
of the changing climate and music to industry executives' ears.
Without major bands such as the Stones and the Beatles, many consumers
aren't motivated to venture to legitimate services and spend their
money.
Nevertheless, as Bob Dylan once sang, the times they are a-changin'.
"The inevitable trend is that within five to 10 years, all music will
be distributed digitally, and physical media, such as CDs, will no
longer exist," says Sean Ryan, vice president of music services at
Real Networks' RealOne Music division. In fact, some have gone so far
as to question whether the traditional music album format will survive
at all. Without physical media-such as a LP record or a compact
disc-there's no intrinsic reason to produce a collection of songs. Of
course, an even bigger question is whether these legit services can
become profitable and rejuvenate the music industry. "The genie is
clearly out of the bottle," Ryan observes.
Spin Control
And the beat goes on. Digital music is dredging up a confusing
mélange of legal and ethical issues. Consider: In November 2002, the
U.S. Naval Academy seized 100 computers from students whom it
suspected of swapping unauthorized music files over the Internet.
Several universities have also cracked down, including Stanford and
Penn State. Meanwhile, the RIAA has begun chasing after the most
egregious violators of copyright law. In September, it slapped 261
individuals with lawsuits that could run well into the millions of
dollars. RIAA President Carey Sherman vowed to file new claims "on a
regular basis until people get the message." That was before the
American Civil Liberties Union filed a suit against the RIAA accusing
the trade association of illegally using subpoenas to identify alleged
"copylefters," violating due process and constitutional rights in the
process.
Meanwhile, new file-sharing services that can hide a user's
identity have popped up. They make it next to impossible to track down
violators and have spawned additional lawsuits from the music
industry. "Illegal copying and bootlegging have always occurred and
always will," says GartnerG2's McGuire. "Ultimately, it's up to the
music industry to come up with compelling, legal alternatives."
Although services such as iTunes, BuyMusic.com, Napster and
Rhapsody offer a glimmer of hope, McGuire believes that the music
industry must make further strides. For now, the biggest challenge is
digital rights management. Different services offer wildly different
rules and restrictions about how an individual can use a downloaded
track. Some let customers burn to a CD; others do not. Some allow a
person to put the music on a portable player; others block such usage.
"Ultimately, any type of confusion creates an obstacle to acceptance.
Consumers want simplicity and flexibility," McGuire says.
Some, like DeLong, believe that the problems of the music industry
could spill over into movies and e-books-particularly as faster
broadband connections emerge. All of which could unleash even more
pain, anguish and uncertainty, along with new capabilities and
opportunities. Says DeLong: "Today's technology is both exciting and
unsettling. It's forever altering the way people buy and listen to
music."
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