What’s really keeping you from where you need to be? (It’s not piracy.)

April 15th, 2008

I spoke at a conference last weekend, where a woman in the audience was SO mad about piracy that she was physically shaking, red in the face, tears in her eyes, fuming spitting livid, asking how we can stop this rampant piracy.

I didn’t answer her concern well, but I said “More people are killed by pigs than sharks each year, but because shark attacks are more newsworthy, they seem more prevalent. Piracy gets all the attention, but I don’t think most of you in this room have lost more than $30 to piracy.” (I got a big “Booo” from the audience for this.) “Obscurity is your real enemy. Fight obscurity until you’re a household name, then piracy will be more of a problem than obscurity. Until then, worry about pigs, not sharks.

The woman got so furious about this that she screamed at me with tears in her eyes, “I HATE YOUR POINT OF VIEW, BUDDY!” (and some other angry things I forget.) From her point of view, piracy was Enemy #1 and anybody ignoring this massive threat was hurting us all.

Driving away from the event, of course I figured out what I wish I would have said in that moment:

The thing separating us from where we are and where we need to be is not piracy.

It’s always something more internal, whether writing, communicating, producing, networking, promoting, or taking a wildly different approach to marketing.

Putting so much attention and energy into fighting piracy (as if, when solved, you’ll suddenly start selling 10 times more) - is misguided effort, distracting you from what you really need to be improving.

That’s the real reason I often tell musicians not to worry about piracy. I’m not saying it doesn’t exist. But energy spent worrying about it is energy better spent working on what you know you really need to do.

http://www.flickr.com/photos/87659272@N00/2349113088/

161 Responses to “What’s really keeping you from where you need to be? (It’s not piracy.)”

  1. War-N Says:

    thank you, Thank You, THANK YOU! again!

    I don’t know how many times I’ve had this discussion with artists and folks running indie labels. It just seems so presumptuous (even conceited) to think that people want to pirate our music that much … we should all be so lucky.

    At this point, for most of us, file sharing is nothing but a huge, free marketing opportunity.

    Thanks, yet again, Derek.

  2. Indie Artists - Is Piracy Really Your Problem? - Barbarism Begins At Home Says:

    [...] What’s Really Keep You From Where You Need To Be? [...]

  3. Steve Ballard Says:

    I think that you may have received the same reaction in your other response as well Derek. Now, if you had made a statement that aligned with her own position she may have acted differently. She was there for blood from the get go and it seems you became the target of her anger over piracy.

    As you said piracy does indeed exist, but I don’t believe it will ever be stopped. In a broader sense piracy isn’t just limited to people stealing music off the internet in my opinion. There are many degrees to piracy, as in, music labels, producers, agents, etc., stealing rights, royalties and the like stealing from their own artists. You don’t hear to much about them, so I guess those could be the pigs in this business. That 16 year old that the RIAA busted for not paying for the music off the internet would be the shark.

    In either case I don’t sit and fret over it. I’m to busy pondering over my next song, how to better market myself, or that really cool piece of equipment that came out. It’s better to be constructive than destructive.

    Steve

  4. Dean Wolfe Says:

    In my current indie status I’d be flattered that someone thinks my music is worth stealing!

    “Gee, Thanks, Mr. Criminal! Can I put you on my mailing list? “

  5. Pigs vs. Sharks Says:

    [...] gently reminded an audience of musicians that “pigs kill more people than sharks” to point out how obscurity threatens more music careers than [...]

  6. Jim Kloss Says:

    Couldn’t agree more Derek. You’re right on. There’s much more I could say, but I’m too busy helping combat obscurity out here in the real world by continuing to foster an online community run radio station/wiki where independent musicians are heard and given tons of free exposure … while the so-called “PROs” are out there fishing for sharks with indie musicians’ guts.

  7. Peter Blue Says:

    Dear Derek;

    I just have started to give 2 songs away for people who sign up for my newsletter. I do get new fans this way. Once the music is out, I have no control about what is happening with them. But that has always been the same with my physical CDs. Everybody can duplicate it and share it. Sharing is a fact.
    You are absolutely right, obscurity is the enemy. If 1.000.000 people duplicated one of my tracks and shared it, it would definately give me a huge amount of on - and offline sales as well. I’d be happy. Absolutely.
    Obscurity is the absence of being noticed. Of being appreciated.
    Obscurity will make an Artist bitter in the long run.
    I have spent my hole life to become what I am, both in music and as a person, and I love to share it. I have so much to give.
    So come on take it, just another little piece of my heart now, baby…..
    You know you’ve got it - and it makes me feel good!

  8. Rich Sheldon Says:

    That woman sounds kind of like a freak. She needs to take chill pill. I’m a songwriter, but I have no problem with piracy at this stage of the game I’m in… obscurity. Someone needs to dust out their maxwell cassettes and make that woman a good mixed tape. ; )

  9. Geoff Pearlman Says:

    I ate turkey on thanksgiving with this guy but reading this I feel like I hung with Ghandi or something…well, Derek was wearing more clothes, but they’re both bald, but anyway, what I mean is, what vision! I agree with both what you said in the moment and what you thought you shoulda said later. There’s lots of pigs (and sharks) out there and songwriters need to learn what a fair deal is. It’s not giving up any of your publishing, that’s for sure.
    The murky seas of “song placement” or “supervision”, or whatever it’s called.. are swarming with more conniving and greedy pirates than the internet these days. And sadly, the current bleak view of the industry has many songwriters selling their art for much less than it’s worth. But we have to be careful not to let the bar get too low on these deals, if it hasn’t already.
    These new independent “publishers” are taking not only publishing they aren’t entitled to, but even some of the songwriters share, which NOBODY but the songwriter is entitled to. And what’s worse is some songwriters are signing to these terms. There are many resources to protect us and many famous horror stories to remind us that bad deals out there (The Beatles for one) so songwriters should know what they’re supposed to get from a deal.
    The true crimes are taking place well before someone hears 3 seconds of your song on the WB. I had one of these song sharks send their contract and in it they asked for a percent of CD sales per every 10,000 units sold and it had nothing to do with the immediate deal! They wanted all kinds of stuff like this in perpetuity! (of course I told them to go to hell, whattya think!? Jeez!)
    Songwriters have to stand up to these pig-sharks and these shark-pigs, because in any business you have to give something to get something, but some songwriters are starting to give everything and getting almost nothing. And it’s not due to internet piracy. And on that subject, I say do what you want with my files, just keep your mitts off my vinyl!!!

  10. damian erskine Says:

    yeah… I love you, man (in a very respectful and dignified way ;)

    reminds me of a quote…

    “there is no mystery, only an inability to see what’s obvious” (paraphrased, but that’s the gist)…

  11. Zane Says:

    I wonder if the independent artists who are so concerned about piracy are in reality upset that they’re not selling as many records as they like, and rationalize that in believing that piracy is to blame. That would account for someone being so physically upset.

    Anyway, I think your comments are entirely true Derek. Well the pig part is hard to believe, but I’ll take your word for it.

  12. Jorge Says:

    That’s what happens when a lobby-in-the-dark with almost unlimited funds (major labels+RIAA+whatnot) keeps hammering the “piracy” message through every possible outlet.

    Your reply in the conference was spot-on, Derek. Don’t be ashamed of it :-)

  13. Jeff (Kid Caveman) Says:

    Great article Derek! That’s a great concept, I’m not in the music business but I can apply the same logic to actual problems and perceived problems that I face and gain better perspective on what the ‘good fight’ really is for me.

    Thanks again.

  14. Melchyor Says:

    Piracy is indeed the most rampant problem Derek, you’re actually quite wrong.

    While I personally may have only “lost “$30″ it’s not all about me. Self interest doesn’t drive my disdain for piracy. Funnily enough some musicians actually care about music itself.

    So many kids simply do not care about the copyright act. What shocks many like me is that they actually believe they should have the RIGHT to take and distribute other peoples belongings.

    And yet they will gladly charge a musician $1 for a coffee, yet suggest the musician has no right to earn the money to pay for that coffee.

    That is a bigger problem than my own “obscurity”, which in the grand scheme of things only matters if I am a self-absorbed, self-centered egotist.

    This is a huge problem if artists are to remain specialised in their fields, and shame on you for trying to belittle the issue.

  15. Jonas Woost Says:

    There used to be a time when artists wanted people to listened to their music and that’s why they make music.

    I do not think those days are over but when you talk to ‘rights owners’ (ie labels) they seem to be keen on locking away their music and not expose it to music fans. This does not just apply to free downloading of music (what some people call piracy) but also only making snippets available to stream on websites or only sending out watermarked copies of promo CDs to the press or not allowing their music to be used in podcasts.

    I find this very confusing. Music wants to be heard and ‘rights owners’ will benefit from it eventually. Seems an odd way to use your energy, prohibiting people to hear your music.

  16. Christopher Davis Says:

    Piracy is not the problem, and never has been. The problems are incompetence, insincerity, and lack of commitment.

  17. Valerie Says:

    It is always easy to blame ‘the other’ factors. Staying positive really does pays off in life though and more PRODUCTIVE. I just got that ‘exciting’ idea last night. I thought of your blog post that was published a while back. I hope this excitement does not disappear while I am doing my viability process for this exciting idea… I get excited with my ideas often but find many faults with my ideas while I am doing this viability test while I am researching the market or the product closely…

  18. William Says:

    I agree with Dean. I wish my music was blowing up all over the world because it was in such high demand! I always make all the songs we release available for full streaming listen, and provide free full MP3s for things like signing up for our mailing list or other fan bonuses.

    If people took more notice, perhaps we would see better attendance at shows? Or maybe someone passes a free MP3 to a friend who then likes our music enough to buy the album?

    I don’t think piracy is a real concern at all until your bank account reaches 6 figures. More likely it’s not a factor until 7 or more.

  19. Jim Combs Says:

    Piracy and obscurity means your music not valued.

    Competence in your craft and awareness by an audience means your music is valued (by yourself and others).

    Making your music valued is what leads to rewards, whether that be monetary or just doing what you love more often and better.

    Go toward the light Carol Anne…

  20. Madalyn Sklar Says:

    I think it’s a great topic and I agree with Derek. I don’t think most indie artists have lost more than $30 to piracy. Yes, it happens. Most musicians I coach/consult with are far more interested in getting known. And just like Peter Blue commented, once someone has your music you have no control over it. It could get shared over and over.

    That is my two cents.

    Hey Derek, I’m surprised I didn’t run into you at the conference.

  21. TJR Says:

    I used to get pretty angry at piracy myself (and sometimes I still do). I used to take it very personally. And that might be where this woman was coming from.

    For me it was the arrogance of a few (this was back when I first started recording and selling my music) who actually took some delight in informing me that they didn’t need to pay for my music because they could get it for free on napster (once again, this was back in the day).

    That level of arrogance made me very angry, it made me want to support the RIAA in their efforts to sue individual users.

    In time though the sheer volume of arrogance and conceit from the RIAA and the rest of the industry began to greatly outweigh the arrogance of a few twits who thought they where being cool.

    Had the music industry learned to monetize the new technology I don’t think piracy would be much of an issue right now

    Had the music industry not abandoned the beautiful packaging of vinyl when they shifted over to the CD, I don’t think piracy would be much of an issue right now.

    Had the record labels supported artists who created great albums (as opposed to artists whose albums only had one good song on it) that Piracy would be much of an issue right now.

    Would have, could have, should have……….

    I personally still don’t like piracy, and I continue to do my best to educate respect for the songwriters whose music they enjoy.

    But I DO now think that obscurity is a bigger enemy.

    I DO now think that the RIAA efforts to battle piracy are counterproductive.

    I DO believe that (in spite of piracy) you can convince people that your music is worth paying for.

    I think it all comes down to shifting attitudes.

  22. Charles Alexander Says:

    The problem is the RIAA & the rest of the major/mainstream industry has the average Joe songwriter/artist drinking the Kool-Aid. They don’t see the RIAA getting ready to go into a bloodbath with songwriters and publishers. If the renegotiating of the stat. rate isn’t piracy - I don’t know what is. I’ll take my chances with the “pirates” - I know who the real criminals are.

  23. TJR Says:

    RE: Melchyor

    You know Melchor, I agree with you….to a certain point.

    Like you, Self interest does not drive my dislike for piracy either.

    My dislike is driven by the simple immorality of it.

    I also find it shocking and discouraging that there are so many people who have no respect for the rights (copyrights) of others.

    People who think that all music should be free for them.

    People that really don’t care if their actions affect the ability of others to make a living.

    BUT……I don’t think that Derek is trying to “belittle the issue”.

    I think he is trying to put it into a better and more realistic perspective for the indie artist.

    I don’t think He’s saying that it’s right. I think he is saying that there are more important matters to be concerned with.

    And I think that in the end, that Derek is right.

    The RIAA is being counter productive

    You and I cannot change what the rest of the world will do on their computers.

    We can only work to educate our own fan base and our own circle of friends and associates.

    But more than that, we have to work on our music.

  24. Zane Says:

    Charles and TJR, I agree with both of you.

    The RIAA isn’t really helping us. Well I at least have received any money from the RIAA’s pursuits.

    And I just don’t think that piracy is nearly as extreme as some of us make it out to be. Yes it sucks. And no I don’t think music should be free. But I think it’s more important for us to make better music, while trying to reach fans in new ways.

  25. Steven Says:

    I believe they are two almost separate populations; the people who will support the music by buying (the downloads at iTunes, etc…) and the people who thrive on file sharing of ‘free stuff’. So therefore the one population does not impact the other very much. They’re like two separate worlds.

    I also believe that the music buying population loves the ocassional ‘give-aways’ which is why I always welcome new email-list signups with an email that there are 12 free legal music downloads (of songs that I don’t SELL online) at http://www.download.com/stevencravis I love CNET’s site structure because to the right of these downloads are links to purchase my music that I have for sale. So far 348,000 total listens at download.com and over $27,000 in digital download sales through CDbaby. Objectively I think this is not bad for a ‘unknown’ ‘instrumental’ artist.

    The point that Derek makes about why worry is the most important I think. We can’t do anything about things beyond our control so we might as well keep on focusing energy forward on the next thing we can create.

    -Steven
    http://www.stevencravis.com

  26. Dave Boodakian Says:

    so true Derek - sorry to hear your audience didn’t get it… but they’ll thank you later.

  27. MisterRon Says:

    I’ll admit it…I’ve downloaded music from “pirate” sites in the past. I’ve also spent much, much more than my fair share on audio CDs and iTunes music as well, and here’s the fascinating thing about this:

    Almost every dollar I have spent on audio CDs or on iTunes music has been for artists that I never would have heard on traditional channels such as radio or television, but discovered from friends uploading their music for me to try. If I like what I hear, I support those artists by buying their records. Viral distribution is the most potent force for artists trying to break free of the rip-off big companies who control those outlets through legalized payola (excuse me, it’s called “promotional funding” these days), and sweetheart deals. And it is the artists making these end runs around the establishment that are being fought against tooth and nail under the excuse of combatting “piracy.”

    That’s why the consortium of record companies squashed the original mp3.com — because they were starting to get many “name” artists to distribute through them.

    -=-Ron-=-

  28. Circle of influence - Circle of concern | Derek Sivers Says:

    [...] Cravis made a comment on this blog saying, “We can’t do anything about things beyond our control so we might as well [...]

  29. Eli Goldberg Says:

    On a day-to-day basis, it surprises me that many musicians expect that their fans will behave different than they themselves do.

    I certainly don’t go out and buy an album unless the artist gives me some free MP3s to get addicted to first. And yet, it surprises me how many musicians think that someone will buy their CD after hearing a 30 second sample of a few songs, and fail to take advantage of putting their music on MySpace, last.fm, and so forth.

    And even though I buy *lots* of music, I certainly didn’t buy most of the music on my iPod. But when artists make it even harder to find their CD legally than through P2P software, I just don’t buy the album. And yet, I’ve seen so many publishers get furious about piracy while failing to make their music available for sale where people *actually* look, and at a price that’s worth paying.

    Personally, one the best sales tool I ever got (even better than front-page newspaper coverage in the Seattle Times) was a 24-year-old guy in Vietnam who got our music off a P2P service, and made unlicensed music videos on YouTube of our songs. Those 100,000 views have sold a good wad of CDs, and we quickly become friends!

    It’s easy to get angry for “piracy” - we want some abstract enemy to blame for not meeting our own sales goals. But I didn’t need to have done MBA studies (even though I do! ;-) to say that Derek is very wise for instead digging into understanding why our music actually ISN’T selling and FIXING IT, rather than scapegoating an unchangeable reality of our world.

    Eli Goldberg
    Owner, Prometheus Music

  30. Eli Goldberg Says:

    P.S. When I found out there were lots of folks in Israel listening to our music (but we’d only received a single sale there), I admit I was initially felt a bit cheated, too.

    But then I contacted the mailing lists all of our Israeli customers are on, and offered to bring wholesale CDs for them - all delivered in person (as well as CDs from a friend’s label in our genre that I thought they’d want). We sold about $300 in a single day - and I made a whole bunch of new friends in Tel-Aviv and Jerusalem!

    Piracy is not the enemy of the music publisher; the enemy is a failure to be creative in genuinely caring about and serving your customers, the way they want to be served.

  31. Larry Says:

    Well said, Derek!

  32. GERMANIACdotcom - The German Music Blog » Blog Archive » Attention bands and labels: Stop worrying about piracy Says:

    [...] At a music industry conference he recently spoke at, Derek Sivers, founder of CD Baby, was recently asked how to stop music piracy. Here is what he said: [...]

  33. Earl Clifton Says:

    I couldn’t agree with you more Derek. Tell you the truth, I’ve “stolen” a great number of MP3 tracks here and there and honestly that’s what made me make a buy from the band I stole from. M.O.T.O. my best example for me. I can’t get their tiny smash hits out of my head and I liked the tracks I stole so much, I ending up buying all there albums! I wish people would limewire some of our good tunes by Earl Clifton and the Pin-Ups, perhaps maybe one day.

    As a final note, I’ve got to add this. That lady may have been talking about piracy in the sense that someone stole music and then re-sold it now that’s a different story all together, I think that would be messed up

  34. Lewis Says:

    I found out awhile ago someone had pirated one of my albums, I visited the site where they had put it and it said some 1000 people had downloaded it, All I have to say about that is thanks for the free promotion, i feel its beneficial if people are downloading your music, sharing it with friends etc. Until your a well known artist I would say that people downloading your music for free is an excellent chance for people to hear you, and theres still the people out there who are honest and do buy it.

  35. John Zealey Says:

    Great article Derek, totally agree with you.

    So these folks have never used a VCR or taped something off the radio in their lives??!! Who is the pirate now then?

    Like most sport, the music industry is all about cash. Cash awalys brings out the worst in people. When people need to cash to keep their career alive, it’s an emotive subject.

    Also, music seems to be all about trying to find excuses why we’re not as successful as we think we should be!!!

    I don’t condone breaking the law but file sharing is great way for us to distribute and promote our tunes. If somebody is making cash out of our tunes without our permission, or us getting a cut, that’s maybe a different story. I am concerned that the big boys might get their way and close a lot of these avenues for folk like me, who want their material distributed in this way.

    This is the age we live in. If we wanna be involved, it’s our decision. We all know the score.

  36. Roy Stone, CONQUEST Lead Guitar Ace! Says:

    You have to take the rough with the smooth, you can play the right venue on the wrong night but you have to say “that’s 30 people who will tell their friend’s”

  37. jam Says:

    peer to peer file sharing must mostly be art that is controlled by corporations? although sites like http://www.jamendo.com have around 8000 albums that can be legally shared through torrents using the creative commons license, this is probably only a drop in an ocean full of sharks.

  38. Diego Says:

    Yes, Derek! I do totally agree with you. In fact, the emotional over reaction of the woman shows exactly what you’re pointing to: Hiding some inside failure, By the way, thank you for your action, it warmth my heart!

    Greetings

  39. Dave O'Leary Says:

    I thank you for your wise thouhgts i have always thought that if my songs were worth someone going to all the trouble of burning a disc then the song must be good its a compliment you have a fan give it away and if its good then people will pass it onto others

  40. Josh Hogan Says:

    Genius.

    As someone who runs a small label I couldn’t agree more with you. People need to learn how to roll with the punches and realize the music industry is changing.

    The old industry people and old labels are dinosaurs… they will soon be extinct if they don’t learn open their eyes (or maybe read some Seth Godin)!!!

  41. Dave O'Leary Says:

    Its a bit like this OH i have to pay all this tax bring it on i wish i was paying thousands of $ tax each year

  42. Paul Kahlil Campbell Says:

    I see people who are indoctrinated into defending third hand information all too much in the world. As someone who makes music I know we are not loosing by people sharing music. Social habits aside I do think people should be encouraged to put there money were there mouth is and purchase things they like, as choosing products is a completely subjective thing the ball is in the beholders court.

    I love that the entertainment world is changing, all and everything we make by our hands. All the entertainment, music, merch, & revenue streams can be what ever you might imagine. Spending a little time on making the money roll in is always good.

  43. Markess (DA WONDA TWINZ) Says:

    Most of the people mad about it are so worried because they know how easy it was for them to pirate some one else. But I can understand any ones fear but there is truly nothing that can be done about it.

    Me personally as long as the music is getting out there a couple of dollars lost in the matter is part of the business.

    Now if I saw a both at the flea market with about 20 bootleg copies of my CD that might be cause for a smash and grab :)

    But other then that it goes on with or without us.

    Just my thought,
    Markess of DA WONDA TWINZ

  44. Dann Russo Says:

    To all the Blackbeards and Jean Lafittes out there - my music is available for download and further pillaging like a small seacoast town (and of course sharing with all your pirate mateys) at http://www.dannrusso.com :-)

  45. RAY EAZY Says:

    I Realy Think Its A Blesing Beacuse How Else Would People Know Who WE Are ?
    Our Means A Lot To Us.
    but the fans are our consumers so they need to hear what they are going to pay for.
    It Could Also Be a Curse
    BUT THATS JUST A CHANCE IN THE MUSIC INDUSTRY
    BESIDES HOW ELSE WOULD WE GET NOTICED
    RADIO IS VERRY FUNNY ABOUT WHO THEY AIR
    SOME TIMES FREE MUSIC GIVE AWAY CAN REALY HELP US
    ALONG THE WAY. DISAGREE? LET ME KNOW @ http://raytimeonline.webs.com/forum.htm

  46. RAY EAZY Says:

    Piracy is the last thing we need to worry about.
    lets have more control and commitment to our musical works.

  47. Claude Says:

    When I die, hopefully not today, would I care about who is stealing. Like some of the other comments made if someone think what I do is worth stealling then be my guest. I will get free advertising for other stuff that I do. So use it to your benefit. Find a way so people when they have the first piracy copy they would want to go to your web site and purchase more music or meditation or whatever you do. After all, they are showing us how to live forever, so why worry.

  48. m'Arch Says:

    I fairly often have conversations with young artists in various media (music, theater, graphics…) who regularly “share” or “buy really cheap copies” of mainstream music and movies but separate those transactions from the perceived piracy of their own work because “i’m just a poor starving “indie” artist and those big guys make so much money they won’t even miss it”.

    I think, first of all, we all need to focus on making our product the best it can be, and secondly, apply the rules we tout across the board.

    As my Gramma said “if you’re working you don’t have time for complaining”, and as I always say, “A little theft is like a little pregnant, the condition overrides the degree.

  49. Matthew Wojcik Says:

    I just do my thing, a long time ago a hand written book of poems was stolden from me. I was always singing my stuff and a year later one of my songs came on the radio. Boy did thay screw it up!
    Pirates Pirates Every where
    Pirates Pirates I Don’t Care
    You steel from me
    Thay Steel from You
    So if You Cry
    I will not be Blue
    Like I said I just do my thing.
    Matthew G. Wojcik

  50. Diana B Says:

    Oh, I should know better than to jump in here, but how can I resist?

    Here’s the problem as I see it - if you’re a writer and you make your living from the itsy-bitsy 9.1 cents a tune per sale, piracy can really crush you, and here’s why…

    Most people will be lucky if they ever write a hit. If you write a hit, you might be able to make some money off it. But imagine the despair when you actually write a hit and you don’t receive a penny from the half a million copies illegally stolen?

    Well, some people would say, “Write another hit.” And if wishes were horses we all would ride.

    I’m not saying there shouldn’t be giveaways, and that a lot of groups create buzz by giving away their CDs and so forth, but suppose you’re not a performing artist? Suppose all you do is write songs? Nobody cares who the hell you are, and you’re not really pursuing fame the way a performer does…

    Here’s a question - how many readers know who Diane Warren is?

    Before I rest my case, I might add it’s hard to get royalties even when they aren’t being stolen by misguided college kids…sometimes the publisher is inept, or “forgetful”, sometimes the performance unions didn’t get the right form…

    But unless you want to totally phase out the professional songwriter, you have to fight copyright infringement. It’s the right thing to do, and I’m sure behind all the brouhaha you know it is.

  51. Suga Says:

    I couldn’t agree with you more Derek…piracy is about making money, feel good about someone wanting to make money from your music. Chances are they think it’s good and it’s one cheap form of marketing. You don’t pay for the reproduction, your music is being circulated and hopefully played..over and over and over to the point of getting to the next stage.

    Recognize!!!!

  52. Inge Berge Says:

    Much respect to you Derek, but on this one I’m not quite with you. You’re probably right in that spending lots and time and energy on fighting the inevitable is not the most constructive thing to do.

    But to implicitly come out and almost “defend” the fact that music has, for all practical purposes, become a free commodity, hmmm.. this I don’t like.

    It’s a double edged sword. I’ve had people come up to me, in person, telling me how much they love my CD, and how many people they’ve given it out to. It feels a little bit like an underhanded compliment - like “hey, your stuff is great, but it’s certainly not worth any money.” It’s a sign of the times - it’s not done with malice, just with the now ingrained idea that music - all music - IS FREE. I don’t like it.

    As artists who invest great amounts of time, energy AND MONEY into the creation of our products, I don’t think we should help perpetuate this attitude. Music should not be free. It is now, but it shouldn’t be. And we owe it to ourselves to remind people of this.

    We’re seeing an internet democratization of all processes - and content is becoming diluted because of it. Music is now solidly rooted in the “hobby” realm, more than ever, and there’s more and more amateur-ish crap flooding every corner of the market. It’s a trend I personally do not like. More is not better. More crappy free stuff on your hard drive is not the same as thriving culture.

    I think there is a need for some gate-keeper mechanisms, some arbitration of quality. I think labels still need to exist for this reason, and for labels to exist, they must be able to make money.

    Nobody will keep putting out quality products (which cost money to make) if the assumption is that it will be free to all the moment it leaves the digital gate.

    If trends continue this way, eventually we’ll be left with amateur videos of kittens playing piano on youtube as our highest form of entertainment.

    Motivations for “making music” are and should be what they have always been, personal and artistic. But continued free “exposure” of ones work cannot be the ultimate and only goal… imagine if Madonna, Prince, Pink Floyd and Bruce Springsteen had kept on playing only “exposure” gigs all their careers? At some point, the product needs to translate into money, so that in turn better, more elaborate product can be made.

    Derek, wasn’t it you who said “Fame without fortune = New car without keys?”

    Everyone in town has my music - yet I have no money. Something ain’t quite right with this picture.

  53. Jermaine Says:

    I figured I would chime in with an opinion or 10. Derek is right on the money. Not that my music is so much better but I honestly believe that the there are a few problems that aren’t being addressed. First and foremost I agree that the primary issue affecting indie artists is obscurity and lack of effective marketing. I believe that the problems with the major labels are the quality and lack of variety of the music that they are releasing AND the narrow demographic that they are marketing music to. It is interesting that teenagers before the internet made mix tapes of songs recorded off of the radio and freely dubbed albums and cassettes. I am willing to bet that piracy was more of a problem then than it is now. After all, the audio quality of an mp3 really is about the equivalent of a high end cassette recording isn’t it?

    Foley McCreary made a statement that really, really stuck in my head and it involves the “perception” of musicians. Sites like myspace are great for marketing music but it really was intended for people that didn’t have commercial websites and domain names to have their own piece of the internet. Directly interacting with fans and doing it often puts the musician on the same level as the fan. This may sound good in theory but think about it. Rock stars used to be viewed as larger than life, someone you looked up to and wanted to be like. The anyone can do it mindset that things like American Idol and Myspace created in essence ruins the mystique and makes it highly unlikely that someone is going to shell out $15 hard earned dollars for something that they no longer RESPECT as a legitimate art form. Despite the fact that you are a trained, professional musician with years of energy put into your craft, perfecting your musicianship, writing and production doesn’t register in the head of the guy that made some beats by sampling on his laptop that thinks his “music” is just as good or better than yours.

    Finally WHERE is the authentic emotional content of modern music. We all have access to recording equipment and the internet to voice our music but WHAT are we saying? What does the music mean, what kind of monetary value does it really have when there is no emotional value.

    These are just my opinions of course.

  54. Karen Stever Says:

    I really wish more musicians would spend time being humans. Building relationships and waiting for the universe to direct them. This chasing to be a “rock-star” is self-absorbed. The crying woman at the conference would be better off spending her time writing her next masterpiece. She clearly forgot what it means to make music. If your music is stolen, you’re miles ahead of the genius in his basement who has never been heard.

    ROCK ON!
    Karen
    ————–
    “Music is everybody’s possession. It’s only publishers who think that people own it.”
    ~John Lennon

  55. Daniel Says:

    Derek,
    I disagree with you about what you thought you should have said. What you said about pigs and sharks lands the plane square on the runway!

  56. Corey Woods Says:

    Derek,
    I agree with everything you said about this issue or non-issue of piracy. I have told people for a long time that downloading music for free is no different than recording it off the radio like we use to do back in the day. Although, now you can get entire albums off the net for free, but so what. If the artist and/or these Record companies had more respect for there craft or took the time to put there heart and soul into a project to make it the best album they could possiblly make, people will want to buy your album. We as consumers want to have that classic cd of our favorite artist or that classic cd from a newcomer. Thanks Derek for having the guts to let them know the truth. Peace!!!

    -Corey

  57. Hecate's Wheel Says:

    Great article, good point, and well said! Thanks for sharing. Now we are off to conquer some pigs!!! :)

  58. Mark Lane Says:

    My views on piracy are contemporay in that I don’t mind if some kid rips the songs from my MySpace music player and shares the with “all” his or her friends or even buys the CD and does the same. No problem there. Where I draw the line is when a fee is charged or advertisement revenues are generated and I am not paid and or consulted. More and more of these sites are appearing on the internet under the guise of file sharing. This is file selling albeit indirectly it is still selling. It is the equivalent of me walking into an Art gallery and ripping a piece of a painting off of the wall, selling it, and thumbing my up at the artist. Technology has changed the way we network and distribute music not morality. With that said your work i.e. the recordings and performances should create enough hype itself to generate interest in what you do. The notion that an artist should be concerned with being as popular as popular as possible is why popular music is so horrible. I think an internal examination as to why you make music at all is probably the place to find your views on piracy and those views will either confirm or expose you.

  59. Ken Waldman Says:

    Hi Derek–

    Actually, I’ve gotten to the point where I encourage folks to make copies for others–sometimes happens at a show where a couple of friends can’t decide on a CD and I just say buy different ones and share among yourselves, and burn them for others. I also figure because I put attention to the packaging itself, if they like the music, eventually they’ll want the CD itself (at least I’ve always felt that way myself).

    By the way, mid May I’ll be coming through Portland for the first time in three years. Planning to stop by the CD Baby offices and will see if it’s possible to pick up one of those credit card contraptions–finally ready for one. I have a new book coming out that’s part memoir, part travel notes, part artist how-to, and think there may be enough credit card sales out there to make me give it a try.

    Thanks!

    ———-Ken Waldman

  60. Jim Lesses Says:

    I was delighted, the day I found my song, “No Blood For Oil” on LimeWire! Delighted, because someone liked the song enough to want to make it available via that site.

    Mind you, all my songs are available in full via my website anyway, along with lyrics and chord charts, and many pages have background information to the songs themselves.

    As a non touring musician, the internet is the best method I know of letting the rest of the world hear my music. My intention is to make it as easy as possible for people to hear, learn, and sing the songs if they like them enough to do so. Who knows, one day, someone may like one of my songs enough to want to record it.

    Now that would be a really happy day.

  61. Lawrence Collins Says:

    yup… you got it right there Derek; the future of the indie music industry depends on promotion, not piracy.

    Personaly, I believe in Karma, at a fundemental, daily day to day level. You reap what you sow. The key for indi and unknown musicians is to GET YOUR NAME AND YOUR MUSIC OUT THERE!!. Give away free song samplers; lower your production costs and make your albums affordable to all; I prefer to have a 100 000 free downloads of my tunes, knowing full well that a small percentage will come back to buy- and hopefully see my shows as well-, than sit back, charge money for my tunes, and sell 3 CDs a year…

    The days of 20$ CDs are over; they’re an insult to an artist who wnats to get his art out and to people who struggle to make ends meat. Cut out the fat in the middle of the music food chain and, all of a sudden, the profit margins become much more realistic…

    sooo… for this lady you mentioned, I’d tell her to get real…

    you’re right on when you wrote “More people are killed by pigs than sharks each year, but because shark attacks are more newsworthy, they seem more prevalent. Piracy gets all the attention, but I don’t think most of you in this room have lost more than $30 to piracy.” (I got a big “Booo” from the audience for this.) “Obscurity is your real enemy. Fight obscurity until you’re a household name, then piracy will be more of a problem than obscurity. Until then, worry about pigs, not sharks.”

    get your name out there… then worry about piracy…
    peace
    L

  62. Distrakt Says:

    Well put.

    - Distrakt

  63. Hank Donahue Says:

    Derek!
    At present i am getting more material together
    to record another album while promoting the
    ones already released(of course the new album,
    when finished,will be released through CD Baby).
    In Fact, on my HostBaby Website: http://treblerecords.com/home
    page,in the section i have 2 songs for free digital downloads to
    help boost sales. There’s no time for me to worry about piracy!
    Oh-Oh, You Did It Again, CONGRATIONS!
    Hank

  64. Kelly Kubica Says:

    I am one of the owners of a small start-up indie label with only 1 artist (my brother) and 1 album.
    So, I spend a lot of time on the internet looking for ways to promote our record.
    When I found a file sharing site giving away our album for free, I just emailed them and asked them to stop.
    They did, then emailed me back saying sorry, but they really liked the record!
    That’s my piracy story.

  65. Sosa Says:

    I love this article! As a new indie label (MVB Records), we’re learning a lot about the music business. And what greater time to come into the music industry, than when the act of “PIRACY” is more feared than Saddam Hussein and Bin Laden put together lol.

    But it’s an illusion, obscurity is the real challenge. Direct your time and energy into putting out GREAT MUSIC, and getting your name out there! I’m loving the music business right now, the potential to earn is endless. What are you willing to invest!?

    $osa
    MVB Records - GREAT MUSIC

  66. Shane Mcgregor Says:

    Artists, songwriters, musicians, and indie labels all need to “accept the things they cannot change”, and “change the things they can”! Piracy will not be going away anytime soon, and none of us can change that.

    The fact that mainstream radio is controlled by, and saturated with “major label only” artists with BIG $$$ promotional budgets really “steams my clams”, especially when I have an upcoming “mainstream country” release that was recorded by top Nashville musicians that everyone hears around-the-world every day on major radio. Now I am faced with marketing an indie product that is “as good or better” than the major label fluff you hear on mainstream radio. TALK ABOUT A BIG JOB!

    The fact is…..you must concentrate on the SOLUTION not the problem! Giving thought and energy to the problem only makes it bigger. Giving thought and energy to the solution makes it bigger as well. So concentrating on piracy instead of the real issue (improving yourself, songwriting, marketing, networking, etc..) you are wasting valuble time and energy on something that is beyond your control. Direct your concerns to “strengthening your weakness” and you’ll see immediate improvements in all areas of your life. “ACCENTUATE THE POSITIVE, AND ELIMINATE THE NEGATIVE” and never give up.

    Remember….WINNERS NEVER QUIT and QUITTERS ALWAYS LOSE!!!

  67. kiai Says:

    I agree that piracy at this point should not take so much of our energy away from what we do. I’m sure I’ve lost more than $30 to piracy, but it still doesn’t bring me down. Actually, I welcome it. Because it means that more people are listening to my music and that my name is getting out there. Rock on!

  68. Ann Wood Says:

    You don’t have to kill the shark to catch the fish.

  69. Steve Deasy Says:

    As an independent artist, I can tell you that the majority of CD sales I make are by me, directly to someone who was moved enough by something I did at a performance to put their hard earned money down to take a bit of their art with them.

    Internet download and CD sales do not amount to a lot, but when they do come in it is really nice. Far more people seem to be aware of my “Lawyer Man” song than I see in actual income from it - but I seem to run into people all the time who say they have heard of me.

    One of the things labels do for artists is promotion. An indie label can spend tens of thousands promoting a song, while major labels spend hundreds of thousands. The indie artist should be grateful for whatever free promotion they can get, and not sweat about what they think they are being cheated out of.

    Yes the industry is changing, but it is changing in ways that are good for the small artist, albeit perhaps bad for the established artist, industry, and infrastructure. The Grateful Dead used to allow for sections at their concerts for people to tape, and that made their audience grow and their convert and CD sales grew as well.

    The current situation is one we can all use to build a fan base, increase our value to venues (and price we can charge or ticket sales we can generate per performance), et cetera. Better to think of our music going out as seeds that can grow our careers.

    Best,

    Steve Deasy

  70. John Myers Says:

    I agree. When that millionaire dude from Metallica said music pirates were taking food from his kid’s mouths, I knew the emotion around the issue had gotten totally out of control. I think the suits at the record labels steal WAY more from musicians than pirated music.

    Every new technology has freaked out those who had a stake in the old systems. Books to movies. Radio to television. Vinyl LPs to CDs. VHS to movies. DVDs to movies. Corporate record labels and record distribution to the internet. The irony is, people always figure out a way to make MORE money no matter what comes along.

    The internet is the greatest boon to musicians since… I don’t know what. I have never performed my music. I write and record my tunes in my dining room. But I get to publish my music on CDbaby for $35. Nobody buys my stuff, but so what? I hope it gets pirated and played somewhere. That’ll be the greatest compliment I’ve ever received.

  71. Juano Lippi Says:

    Society makes art relevant in the eyes of pop culture, not good… Society may determine the price of an apple, but the artist determines the quality of the tree’s fruit… Sharing is Robin Hood… Stealing is George Bush.

    How about this… Because I lost it and want it back… How many times do I have to buy The Beatles - White Album (over the years in various forms), before I can just copy it from my roommate without feeling guilty?

  72. Colie Brice Says:

    These words are painful but true.. The plaque of piracy has enabled many of us to evade responsibility for our out own shortcomings and failures in production, performance and promotion.

    Also, many of us supposedly pursuing music have an infinite capacity for self delusion and a grandiose, overly inflated perception of our own importance and talent. All too often we’re really pursuing ego gratification rather than art itself.

    Sometimes its difficult to discern the distinction between legitimate self assurance and ego crap - insecurity, fear, addiction etc.

    Then again, a lot of the biggest rock stars in the world tend to be people who get rewarded for acting out their issues publicly, more so than for their actual musical ability.

  73. Jim Stringer Says:

    Well put, Derek. Music “piracy” on the level of the independent artist is a free advertisment. If someone spread one of my tunes across the internet and 1 million people had it on their MP3 players, I would feel I’d run a successful publicity campaign. Only the RIAA biggies are really concerned about piracy — and that’s because of loss of control of distribution, not because of some altruistic concern for artist’s revenues.

  74. Chriostopher Bingham Says:

    I put all Gaia Consort music up on website for free. I’m selling more than ever. There is some ratio of purchases to download, but whatever it is, it’s another cd going out to someone instead of sitting in a box in my garage.

    Copyright has been taken too far. When it started in the US your copyright lasted 14 years. Now it’s the lifetime of the artist plust what, 70 years? If copyright had existed in the same way during Bach’s time, he’d have died in obscurity for “stealing” so many folk songs.

    You don’t own an idea - copyright is a limited monopoly to encourage the disemination of ideas and advance the arts and sciences. Once the idea is out in someone else’s brain, you can’t control it, and you shouldn’t be able to to. It’s called the commons - everything we as artists come up with is based on the work of the artists who came before us. Participating in the culture is both a right and a privledge, for everyone.

    None of us are entitled to eternally control the ideas we put out into the world. It’s a travesty that no sound recording will be in the public domain until 2040. Mash-ups are a new art form created by available technology that is being activley discouraged by current copyright law. MGM should not still be able to control the use of the sound recordings from “The Wizard of OZ” that was released to the public in 1934.

    If the majors could get what they want, they’d get a dollar for every time we hummed a song walking down the street.

    OUr biggest “extarnal” problem is a saturated market - every kid in the world who can play three chords wants to be a rock star - and for $3000 you can own the gear to build a home studio that’s morte functional than the equipment that Sgt Pepper was recorded with.

    How many of you are getting daily spins in commercial radio? If you know anyone that’s made more then $12 from ASCAP or BMI you know someone that’s in the top 1%. The old models are not serving the vast majority of artists, so we need to work around them and build our own.

    We’ve raised over $70,000 in the last ten years from friends and fans who want to see our music out in the world. (That Jill Sobule is getting press for being an “innovator” for doing what we’ve been doing all along is both kind of frustrating and ego enhancing at the same time. We should have used it to get press ourselves! Score one for Jill for catching the opportunity!)

    We’ve been sold the dream of being musical millionaires since Elvis. That’s benefitted the record lables who were relatively small businesses in his time, and commercial radio who thrived on the kickbacks. I can’t wait for the majors to collapse from their own weight.

    If you want to make music your life’s work, then make music. If you want to make money with it adapt to the new circumstances. It’s a really rough road for anyone, but the idea of “intellectual property” is hurting us more than helping us. Unless you’re raking it in on “classic rock” radio. But that’s NOBODY on this list.

  75. Giacomo Biondi Morra Says:

    “He who fights the future has a dangerous ennemy”, Soeren Kierkegaard

    Piracy is not the problem, it is a result from the misalignment of interests between the different parties in the music industry value chain.

    What is needed is openness and creativity from the different actors in the value chain in order to embrace the future and its constellation of new ways to enjoy music. As they have been unable to provide this in the last ten years, other new actors are emerging.

    This process has an impressive emotional impact across the chain as people feel ununderstood while many existing actors take a long time to fade away. There is a lot of tension and dissonance and it will last for a while.

  76. Larisa Migachyov Says:

    The people really panicking about piracy are the record companies, because their business model is rapidly becoming obsolete (thanks to CDBaby and other such businesses). Musicians have nothing to worry about.

    I will join the chorus and say: Please, pretty please, Mr. Pirate, can you steal my songs? Put them up on whatever illegal downloading service you subscribe to? Distribute them to the world? Pretty please?

    I will further note that my CD didn’t start selling until I put up mp3’s for download on my website. People don’t like buying a pig in a poke.

  77. Elson Says:

    I LIKE YOUR POINT OF VIEW, BUDDY!

  78. Phil Says:

    Well guys …as much as I want to believe in what you are saying, it is difficult. Very difficult. I am not in obscurity and I have quite a few products out there which are being pirated. And when I think of the 12 hour days I had, for an entire year producing my last project! The sacrifice…All the money i (and others) sank into my projects, the long years it took to get to the point of me being able to produce these projects and develop my skills (a lifetime) I go onto bit torrent and other places, I see my stuff being pirated…and it really pisses me off. Why total strangers should benefit from my “hard earned music”…is beyond me. It is disrespectful and wrong. I dont get it. Please explain to me how it is ok? Just because the industry is changing? Does that mean morality can change with respect to ownership of ones hard work? Maybe it is cooI to be pirated for someone who has no breaks at all and no exposure or opportunity “Hey at least some one is listening oh boy! That point, I dont get in the long run either. Artists have to project themselves into the future with a little more precision, foresight and belief in what they are doing is valuable. Giving away all your goods only hurts everyone. Its economics 101. Am I wrong? Maybe some people out there with more knowledge in economics can help me with this.
    I truly believe that above all it is a lack of culture that makes this happen. A lack of insight and understanding of music. An environment promoting the devaluation of art and promotion of all that is banal. This is of course something that was created in large part by “Economic machineries” ( The music “biz” being one of those who latched on to these concepts early on) and that has been going on for decades now. This is the result, the devaluation of one of life’s most beautiful and essential, thought provoking, feeling enducing, knowledge and power tools in existence. Music. Exactly what “the man” wants to happen. Can you blame people for wanting to steal it? They have no appreciation for what it takes to create it. And don’t care. Nor do they see any perceived monetary value in it. How can you see it when you don’t know better? It could be that this is a backlash for all the years of brainwashing by corporations and government driven only by profit, consumerism and power. I find most people who pirate, have an angry streak in them. “I will never pay for music… no way” - Where does that come from? I don’t get it.

    If you were pirating oil right now do you think for second you would still be walking this earth? You would be dead as a door nail. Wiped out. Or food? Or even coffee? People kill each other over that stuff all the time. The powers that be will not allow the perceived monetary or social (or whatever) value of those things to be diminished. Why musicians allow it or promote it has to do with the sad state of affair of the need to be famous. Ego. Greed. etc. Many people are soooooo desperate to “make it” that they dont care about music. All they care about is getting heard. Or seen. I don’t understand that at all. Can anyone explain that to me?

    Throughout the history of recording industry, the musician has been getting screwed. I am all for the downfall of the current way things are. It is totally corrupt disgusting and pathetic. But that doesnt mean I want to get ripped off! ohhh please mister thief can i put you on my mailing list? That i can only come to the conclusion to be a statement by some one who is totally desperate and needy.

    Where is the solution? We have to look at culture. Not at technology or marketing or bla bla….but to the soul of man and what motivates us to do what we do. that is the only true solution. Stealing will never stop until there is no need to steal.
    Some thoughts in a stream of tons of thoughts.
    p

  79. Dan Fries Says:

    the real threat to musicians isn’t piracy, or lack of motivation. the main problem facing musicians is the medium of recording itself. consider that a music “consumer” can either listen to a polished song, culled from the best of the country’s specialized songwriters, performed by the best studio musicians, recorded by the best recording engineers and producers on the most expensive gear, image glossed with the best looking “artists” photographed by the best photographers, promoted by the biggest media machines - and they can do that by pressing a button or 2 (pirated or not)
    OR
    they can spend their precious time seeking “you” - and if you’re lucky, you’re as good as the pros in ONE of the above mentioned 5 categories of selling points.. and the HUGE pool of recorded indie music makes the odds of you selling (or getting stolen) even slimmer in an already unlikely situation.
    so basically you’ve got your friends and a few quirky fans who’ve heard you play, or maybe someone who wants to construct their personality out of your image, and your mom - listening to the music you spent all that time and money recording in your home studio, or paying the local studio guy, slaving away forgetting how to play your instrument, and that you’d still like to get better at it…
    the only way out of this mess as far as I can see is to boycott recorded music. imagine a world without it.
    imagine if, every time someone wanted to hear music they had to either make it themselves, or go hear someone else do it.
    musicians might actually make a living.

  80. Phil Allen Says:

    Im with u Derek, piracy is not the biggest problem. There are many other money reducing systems in place out there for the independant musician.
    We have to find new ways around these established cash blockers.
    Hope all is well. phil

  81. Brett Houston Says:

    Well put Derek.

    It’s also amusing working with songwriters who worry so much about someone stealing their songs/ideas. I know hundreds musicians right now that can’t even give their songs away for free.
    Stealing theirs should be the least of their concerns.

    They could use that time to worry about being killed by a pig.

  82. Tod Moses Says:

    What is really going on with that woman is that she is drinking the major label/publisher Kool-Aid. The truth is that the only ones who really have to worry about piracy are those who make their money by exploiting the talents of others. Between the internet and home recording technology advances, the major labels are becoming dinosaurs and they know it. In the Sci-Fi epic Dune one of author Brian Herbert’s characters says something to the effect of “he who controls the spice controls the world. Without absolute power to control what becomes the next hit single the record and publishing industries loose their power. Once they loose their power they loose their profit base. All that they have left to fight this is emotionally charged propaganda.

    This is why when the RIAA first set out on their propaganda campaign against piracy they started with musicians and songwriters. And as they have “educated” the public, they have held up people like this woman to make their point. The truth is that the open exchange of ideas is the ultimate goal of capitalist democracy. These people do not want democracy, only blind, drunken greed.

    Many of my favorite artists (even before the days of “indie music”) were not found by listening to the radio but by making a copy of a friends new album on to cassette tape. Did I get the music for free? Yes but not really, because 1. I would not likely have purchased it to begin with, since this piracy allowed me access to even knowing it existed, and 2. because in many cases, I purchased future releases by the same artist. Sometimes 7 to 10 times.

    The sad irony is that the RIAA is cutting off its nose to spite its face. They think that controlling public consumption of music will help them to maximize profits, but all that it does is create an alienated and unmotivated consumer.

  83. Richard Cummins and the Nectarine Horse Says:

    Music ‘Pirates’ aren’t your fans anyway!

    Like shallow porn addicts they have lost their ability to COMMIT - they go from one new thing to the next, downloading so much that they could never in a million years become the loyal and committed fan/lover, etc.

    Personaly - I’m out to gain the fan and friend who has the heart to invest in me as a person, who will be with me from album one to album ten.

    THEY are the ones who will buy your record, cherish it and you. I think Phil Keaggy’s recent Indie career tells this tale in strides. You can have a living as a musician not by a necessarily humungous fan base, but by a loyal fan base.

    Richard Cummins

  84. Bill Houston Says:

    I started in the music business in my twenties, took a 40 year detour and am now back into it in my sixties. I used to think that I was writing and singing songs to make money and get girls. Now at 64 years of age I still haven’t made a lot of money and I’m currently single and liking it. So what’s the reason I’m still writing and singing songs?

    Hmmmm. Maybe it’s because I really enjoy creating things out of thin air and breathing life into them. If money and girls come my way, that’s nice but its not the real reason I’m doing this. The way I see it, I’ve been given a wonderful gift and being able to share it with others is reward enough. I say if pirates like my songs, let them knock themselves out stealing them. At least they know how to get attention. When you are an obscure artist like me, any kind of attention is better than none. From where I sit, piracy is a form of free promotion and is nothing short of unintentional flattery. Take my songs! Better still, take me with you! Hoist the Jolly Roger and give chase. Arrrrhh me hearties, it’s life on the rolling sea and the pirate’s lot for me!

  85. Tom Wheeler Says:

    Consider the practices of a music collector before dowloading existed.

    I have been collecting music for many years. I started by getting records by The Fugs, The Mothers of Invention, Captain Beefheart & The Velvet Underground etc. in the cutout bins at Kmart & Woolworths for 69-99 cents. Much of my early collection was what the record companies couldn’t sell and were dumping into the suburban shopping centers. As I entered college, I started going to used record stores and getting records people had decided to get rid of and lots of promo copies which had been distributed free. As I look at my 10,000+ vinyl collection, a huge % have stickers which read, Promo- Not for Resale, or have the corners cut or small holes punched in corner of the cover. It is the same with the 4000+ CDs I have collected.

    When I worked in used record stores for a number of years, I avoided being a buyer because I didn’t like the game of trying to get records/CDs for the least from the person selling; and then pricing them at the highest the market would bear. Though I did enjoy getting records/CDs for considerably less than the stores would put them on the shelves for.

    I resisted buying CD’s for almost 10 years after the format was introduced, because the retail price of new music almost doubled with the change. Instead, I concentrated on picking up the albums that flooded used record stores as people dumped their turntables. The first few CD’s I purchased I bought because it was music by an artist I liked, and was only available in that format. Not having a player (for several years) I would ask a friend to tape then for me.

    Along the way, I would also buy new records/CD’s by artists I had come to love; and often go see them live when they would come to town. I constantly have recommended artists for others to check out and have lent thousands of records/CDs to friends (mainly musicians), who in turn taped or burnt the music for themselves to listen to.

    Now in the age of downloading, I visit music blogs and download. In several instances, I have bought CD’s after having gotten the album from a blog because it’s by an artist I like; who has put care into the production and to my ear sounds richer than @ 320 mp3’s, which compress the low and high ends pretty miserably. In other cases, I have taken time to download music I would have not taken the risk to buy, even used, because I have limited funds to purchase music with. I have also explored genres I only had a passing interest in, but saw some albums for download… so what the heck. Occasionally, I find artists old and new I will start looking to buy… most likely used, unless they swim to the upper tier of my interest at any given time.

    Now artists, I love and feel I need to follow their output of albums, I will continue to purchase their CD’s (still not totally sold on buying mp3s). I will first look to see if a new album is available at an artist’s web site and I like buying directly from the artist. I will also frequent local stores with friendly and knowledgeable staff, I can have a dialogue with about different artists.

    I would also like to note, I have been recording music and producing albums on a small label since 1981. We have sold, given away and stored plastic in boxes in my garage for years. We continue make attempts to find a niche in the fossil record, including having a couple CD’s which haven’t sold through CD Baby (our fault not CD Baby’s). I understand the joys and frustration of musicians working on craft and attempting to express themselves through the market place. I’m still hoping some kid stumbles on our wacky little world dumpster diving on the digital highway; and has an experience similar to mine, when I pedaled home on my bike with The Fugs, ” It Crawled Into My Hand Honest,” after having grabbed it for 69 cents at Kmart.

  86. Bruce Burger Says:

    Unless you’re a huge artist whom everyone is aware of and have sold millions of units and are touring frequently, piracy probably hasn’t created as much as a dent in your success. Spend your energy making great music and getting it out there. Even though it’s easier to blame something or someone else, the buck really stops with you, the artist and that’s where you need to concentrate. If you become so popular that hords of fans are pirating your music, may the good Lord smite you with that curse. You’ll be doing so well that you’ll be able to pay your lawyers as much as you would have made from the sales in the first place and it won’t matter much either way to your purse. Fight piracy, but not at the expense and certainly not as an excuse of avoiding being a great artist.

  87. Central Pod Man Says:

    The day that I’m able to find my songs on Limewire…etc., will be a prosperous one. That will be proof that I’ve actually sold a decent amount of music!

  88. Dimension Zero Says:

    Piracy is a major issue, all you have to do is look at the recent music industry layoff numbers or talk to indie musicians/labels from the 90s.

    Everyone is selling less.

    I just used a college radio promoter “Apples and Cats” for my latest record, and asked if her work was increasing anyone’s sales. She said, “Nobody is getting sales these days.” It’s a fact and something we have to deal with.

    My favorite quote about copy-protecting audio is like trying to make water not wet. It’s impossible. You would have to put copy protection in anything that plays or records audio, including speakers, microphones, etc. It’s not going to happen. However, getting mad won’t fix anything. We have to face this reality and change our business models. Music alone doesn’t generate money anymore. What does? Touring, t-shirts, and any physical merchandise you can think of. E-mail killed the fax machine and Internet killed copyright.

    The solution is to sell something that cannot be pirated or compete with it. Check out NIN’s Ghosts strategy, brilliant. Those that do this, have a career in the music business.

  89. Derek Says:

    to implicitly come out and almost defend the fact that music has, for all practical purposes, become a free commodity, hmmm.. this I don’t like.

    Inge : sorry if I wasn’t clear. I’m not saying piracy isn’t a problem, and certainly not saying music should be free.

    I just meant that every day we have to choose what to focus on - what to get upset about - or spend our time fighting.

    For some people, such as Phil, above, piracy may be a big enough of a problem that it really is the thing keeping you from doubling your sales. But for most artists I know, piracy is not what’s keeping them from becoming successful.

  90. Nathan Rogers Says:

    So let’s have a brainstorming session about fighting obscurity on a tight (ahem - very very tight, as in ‘folk musician tight’) budget.

  91. PF Says:

    I just meant that every day we have to choose what to focus on - what to get upset about - or spend our time fighting.

    Well said. Otherwise you are simply jousting windmills like Don Quixote.

  92. Joe Velosa Says:

    Central Pod Man Says: “The day that I’m able to find my songs on Limewire…etc., will be a prosperous one. That will be proof that I’ve actually sold a decent amount of music!”

    Well, I did! And it was the most exciting moment in my recent musical history! To paraphrase: “Piracy IS the sincerest form of flattery!” When I’m making millions then I’ll worry about piracy…. or maybe not…

    Unlike ol’ Garth Brooks who was quoted saying about ten years ago how his childrens,childrens, childrens couldn’t spend the money he’s made so far and how grateful he was to his fans yet blew up when he found out music stores (remember those) where selling his used CD’s without him making a dime on them! I don’t get it…

  93. Tom Mullen Says:

    If it weren’t for piracy, I’d literally have sold dozen’s more albums. An SNL spot would surely have followed. Wake up Derek. :)

  94. Greg Spero Says:

    Most definitely. I put almost all my music free online. Aren’t we all looking for exposure? I hope that some day Piracy does become my problem…that means I would have succeeded!

  95. Kelly Says:

    This is absolutely correct..and it’s the same argument I had with Gene Simmons on his website, with pretty much the same result. In his case he finally went silent, and elected to no longer engage me when I provided facts that his argument was mono-dimensional, he no longer wanted any part of it.

    Obscurity is the nemesis of all musicians, and it’s a constant battle to get just that one more contact. That one more radio spot for airplay, the one promoter who really digs what you do enough to do something about it. Piracy comes later, when obscurity dissipates.

    I see in this thread the reactions are fairly polarized both for and against. the mistakes I made on my first album I am not interested in repeating this time around. So far, I made some ground, but it could always be better. It’s the those who do not know me I wish to reach. Period.

    Good article.

  96. marcel Says:

    Remember the 80s and 90s when everybody copied stuff onto cassette tapes? And then copied it again for a friend?

  97. kirk Says:

    How to not give a damn about piracy-

    1. Write better music.

    2. Make it sound more professional.

    3. Get it heard in more places.

    4. Stop wasting time on the internet.

    Kirk/zenpool

  98. Shedd Says:

    Give away a good product for free and surprisingly some people will always want to pay for it. I often get people on myspace emailing wanting me to send them a free CD (usually kids) so i generally mail them out one anyway, even though it costs me - the last one i sent to Italy and it cost more to ship it! - it’s nice to be heard and if people dig the tunes and share it’s even better - most artists I think do it for the joy and not the cash… looking at making any money in this business is really not going to happen - for me anyway :) - and even if I did, I would probably still give it all away. I prefer to buy music myself rather than pirate music but thats just me.

  99. Phil Maturano Says:

    Central Pod Man Says:
    April 27th, 2008 at 1:55 pm
    The day that I’m able to find my songs on Limewire…etc., will be a prosperous one. That will be proof that I’ve actually sold a decent amount of music! ———-

    OK…This person has no experience or clue about what is going on and is living in a world of dreams. This attitude only perpetuates the devaluation of art and musicians. The shortsightedness of this statement is astounding.

    Bruce Burger Says:
    April 27th, 2008 at 1:54 pm
    Unless you’re a huge artist whom everyone is aware of and have sold millions of units and are touring frequently, piracy probably hasn’t created as much as a dent in your success. Spend your energy making great music and getting it out there. Even though it’s easier to blame something or someone else, the buck really stops with you, the artist and that’s where you need to concentrate.
    ——
    Man…you are discounting all the levels of success a musician can have and not living in a world of reality. You dont have to be a million seller to be affected by this issue. Making great music does not guarantee that you will not be ripped off. BELIEVE ME. Get real brother. Talk to Artists Like Scott Henderson, Joe Lock, Lee Konitz, whatever…. talk to ANY artist who is doing high quality, ground breaking work and pouring their heart and soul into it. NONE of these arguments hold water. I have personally toured my ASS off all over the world, sold stuff at gigs and pushed like crazy and sacrificed on every level you can imagine, or maybe you cannot imagine because its all a hobby to you and your just amazed that someone listens to your stuff! Unreal. Have some vision man and project your self into the future. Do you want to be in my shoes someday? Where all the passion, time and energy you put out into the world is just downloaded for free? I dont think so. You will not like it one bit dude. Many people have actually paid for my products and I am grateful for that. But sooooo many steal it. Whatever success I and many other people have in music is because of years and years of work, contacts, gigging, touring, promoting etc etc etc. NOT because of myspace.com
    or anything else like that.
    Another thing 1) becoming successful is one thing. 2) becoming well known is another and 3) making money at what you do is another thing completely. The first two things do not guarantee that you will make money. Do some research, read biographies, read your history of music. Don’t live in this deluded mental condition that you are not valuable and you are lucky if some schmuck downloads your stuff on Limewire. Try not getting pissed when your stuff is on EVERY pirate service you know. Then sit there and tell me its cool.

    I see that some of the music community are so beaten down by the need to be recognized that they are actually feeling lucky to be ripped off. I don’t get it.

    Project yourselves into the future those of you who so smugly think its cool, tie your whole life into your music, tie all your money and time and effort, education and life experience into it and then tell me its cool to be downloaded for free. Sorry…i dont get it. There has to be a better way and the only thing i can come up with right now is the issue of respect for the arts. Respect for life and those around you. Being so self centered that you can only think of yourself and YOUR situation that you are not being heard yet or not well known yet or whatever else, will lead you to misery in the long run. Whether you become famous or not. On top of that it perpetuates the “poor little musician, here lets give him a dime” syndrome.

    Guess what guys, the thing with getting heard and looking for the next opportunity…it NEVER ends. You always have to figure out how to get financing for your next product, market your next product, how to support it after its release, artwork..haha…let alone having the discipline to sit down to create and write for what could be an extended period of your life. Months, or years. Even if you have a home studio…if its even halfway professional it will have cost you thousands to get it happening. Not to mention all the time it took you to learn how operate pro tools or reason or DP or Logic etc etc…

    then…ok …let me get ripped off just so i can get famous. Where the sense people??

    When you arrive at your supposed goal, you will see that it was not easy, that it was not something that just happened because of Limewire or any other service. Its because you busted your ass getting there. And then someone flippantly takes your stuff….hhmmmm…yeah thats cool!

    It makes no sense to get pissed about it, but what does make sense is to educate our fellow musicians and give them a sense of what really is happening. Forget about a record deal. Thats all an illusion. Especially nowadays. Get educated in your business if it is your life and try to find ways to help us all out. If you value music and want to make a living at it…selling some t-shirts is’nt going to be enough satisfaction. If you want to sell t-shirts there are better ways to do it then starting a career in music.

    Bla bla…ok
    Phil

  100. Sam Dougherty Says:

    How true. I get excited when I hear that someone is actually going through all of the trouble to copy one of my cds or songs to listen to or give away. It’s nice to have some kind of demand and it definately keeps me motivated to keep on writing and playing.

  101. Darrell Deese Says:

    I think piracy is a none issue to those that have made it in the music world but for independent artist it could goes either way if someone buys your cd and makes 10 of their friends a copy that means you now have 11 fans but that also means you just lost 10 sells-or did you? this is a very tuff subject which would you rather have 10 new fans of your music or 10 sells but for me i would have to say “sells” because not only would i have 10 new fans of my music i would also have a little more money to keep up production and thats why i believe piracy is harmful to independent artist but in reality there no way to stop it and there never will be-this subject kinda falls along with the title of my next cd called- Darrell Deese”should have kept my day job”– lol–but heres my advice if you truly love music and you want your music to be heard never give up..
    promote yourself
    advertise yourself
    make quality music
    play out as much as you can..
    focus on those that do like your music
    make a quality video put it on youtube
    and remember every thing you do will bring in one more fan…and look at it like this–the advice im giving you is something i myself have never done and thats why you have never heard of me “keep it rockin”
    Darrell Deese

  102. Jasun Hadaway Says:

    yeah, you’re right..
    actually piracy is probably helping most bands get more exposure and helping bands exit from obscurity.

    on the other hand, it is a bit harder to sell physical cds these days with everything going digital.. not sure how i feel about that.

    but even major artists have been able to still top the charts and sell records while giving away there music before the album even comes out - ie. radiohead, lcd soundsystem. sort of a self-piracy of their own record.

  103. Cathie Fredrickson Says:

    Interesting reading others comments on piracy and I remember how dumb I was for years not even recording my songs for fear of theft. How long it took me to copyright anything- though procrastination, and feeling upset by people who told me they bought a copy of my cd and made copies for all their friends and then told me that they sent them all over this country and beyond. I just wanted to earn enough to pay the cost involved in making my cd and a little more to do another one. It was amazing when I received positive input from so many people and I was actually glad about the piracy, as others where enjoying my songs. It wiped away all the fear, and I give 10 times more cds away than I sell.. Casera sera!!!!!

  104. Robert Emmett Says:

    this reminds me of a friend who is SO concerned about having his songs ripped off, he will NOT perform them even at an open-mic.
    of course he need not worry about anyone stealing his music, as no one will ever hear it in the first place.
    i think piracy is an over-inflated issue, at least on this level (the small guy trying to make a name for myself)
    ever make a mix tape for a friend?
    that is piracy.
    has that friend ever said “hey song #4 on that tape really rocked, who is that band? i want to go out and buy all their albums”

  105. Jaugernaut Says:

    I used to give my music away, no big deal - I had perhaps 250 downloads, and sold 150 CD’s. I’ve recently signed a distribution deal with a label that reqired me to remove all free downloads from websites. I’ve done so, Still nobody has noticed, so I cant say they help.

    I think the portion of people who download for free may be growing, but once a person becomes a fan, your music is worth something to them. Until that point, it might as well be silence. I think being able to capture a potential fans attention either through music, or through your storyline, something… will sell you more copies than giving your music away.

    If you are into making music for the money, downloaders will peeve you to no end, but if you make music for music sake. I think its up to you to decide if you want to offer it for free. I havent found that free full downloads advertise any better than downloaded snippetts. For an indie artist, a lukewarm fan is really a non-fan. You need people who are willing to pay you for your music. Does giving it away help? I dont think it matters.

  106. Nils Elde Says:

    hey i just got to say… i own about 200 cds and have purchased a lot of mp3s… but almost all of them were downloaded “illegally” first. i only bought them cause i knew i liked them and wanted to support the artist. who wants to shoot in the dark? FREE THE MUSIC PEOPLE!!!

    people can pirate my shit, i don’t care. i’ve even provided it to them for free over “illegal” file sharing programs

  107. Tracy DeGeer Says:

    Hi Derek, yes its interesting it always seems easier to blame some external power than look inside of ourselves and go through what ever it takes to follow our dreams. With a different mindset we can be grateful that someone values our dream and what we are doing even if they don’t back it with their money!!!

  108. Larisa Migachyov Says:

    I really do think that strict anti-piracy laws benefit the middlemen, not the musicians. A musician would make most of their money at concerts and touring and festivals and other live performance, anyway. In other words, they would just adjust their business model to reflect the new realities. A record label can’t do that, though - hence the strident antipiracy screaming.

    In reality, free recordings can be the best advertisement for a musician. I’m not famous. No one has ever heard of me. I don’t have a fancy music degree to serve as a label. I don’t have a hope of getting gigs or selling my recordings if I don’t give people at least a slight indication of what they’re getting, and whether or not I can actually play. My CD cost me something like $500 to record (solo piano recordings are cheap). It’s opened a lot of doors for me, though. I’ve already recouped my costs and then some, and gotten to perform, and to get my music heard, in a lot of places where I would not have gotten it heard otherwise.

    Yes, I do charge for my CD; every CD I sell involved a marginal cost - the cost of the CD, the cost of the jewel case, the cost of the label, that sort of thing. But if an adoring fan decides to make a copy of my CD for a friend, I do not lose any money whatsoever. I do not incur an extra marginal cost - the fan does. I do, however, get a benefit - I get another adoring fan who may come to my concert and pay for a ticket, or who may buy my next CD.

    I love my adoring fans, and I don’t want to insult them by calling them thieves. I’m too grateful that they exist at all.

  109. Kenny Whiteside Says:

    Our minds are capable of exploring so many concurrent avenues of thought, that sometimes that power is what slows us down from directing the proper focus to our immediate objectives. The world today is full of distractions and too many options. It takes strength and resolve in order to keep forging ahead even when you are not sure of the outcome.

  110. Suzannah Doyle Says:

    I feel that the more contracted focus on getting every dime for any and all music stifles the flow of things and usually benefits companies more than individual artists.

    The more expansive approach of knowing some of one’s music will be shared for free because people want to tell their friends about is a good way to get one’s music out there in new ways and to new people, and serves everyone: the new listener learns about a great new artist, the artist gets heard by more people (which most likely results in more sales), and the process of sharing some of one’s work for free just feels good.

  111. adg Says:

    piracy sux. p2p sux. i do rely on my music sales derek. we need every cd sale we can make. our cds are available worldwide in stores or online , and we are signed by a label in europe. , we are not obscure.

    so i have to disagree.

    i do not like to see my creations online on the p2p programs.

    it hurts us all. we have to pay producer,