This is an unedited transcript of Courtney
Love's speech to the Digital
Hollywood online entertainment conference, given in New York on
May 16.
Today I want to talk about piracy and music.
What is piracy? Piracy is the
act of stealing an artist's work without any intention of paying
for it. I'm
not talking about Napster-type software.
I'm talking about major label recording contracts.
I want to start with a story about rock bands and record companies,
and do some recording-contract math:
This story is about a bidding-war band that gets a huge deal with
a 20
percent royalty rate and a million-dollar advance. (No bidding-war
band ever got a 20 percent royalty, but whatever.) This is my
"funny" math based on some reality and I just want to
qualify it by saying I'm positive it's better math than what Edgar
Bronfman Jr. [the president and CEO of Seagram, which owns Polygram]
would provide.
What happens to that million dollars? They spend half a million
to record their album. That leaves the band with $500,000. They
pay $100,000 to their manager for 20 percent commission. They
pay $25,000 each to their lawyer and business manager.
That leaves $350,000 for the four band members to split. After
$170,000 in taxes, there's $180,000 left. That comes out to $45,000
per person.
That's $45,000 to live on for a year until the record gets released.
The record is a big hit and sells a million copies. (How a bidding-war
band
sells a million copies of its debut record is another rant entirely,
but
it's based on any basic civics-class knowledge that any of us
have about
cartels. Put simply, the antitrust laws in this country are basically
a joke, protecting us just enough to not have to re-name our park
service the
Phillip Morris National Park Service.) So, this band releases
two singles and makes two videos. The two videos cost a million
dollars to make and 50 percent of the video production costs are
recouped out of the band's royalties. The band gets $200,000 in
tour support, which is 100 percent recoupable. The record company
spends $300,000 on independent radio promotion. You have to pay
independent promotion to get your song on the radio; independent
promotion is a system where the record companies use middlemen
so they can pretend not to know that radio stations -- the unified
broadcast system -- are getting paid to play their records. All
of those independent promotion costs are charged to the band.
Since the original million-dollar advance is also recoupable,
the band owes $2 million to the record company. If all of the
million records are sold at full price with no discounts or record
clubs, the band earns $2 million in royalties, since their 20
percent royalty works out to $2 a record. Two million dollars
in royalties minus $2 million in recoupable expenses equals ...
zero! How much does the record company make? They grossed $11
million. It costs $500,000 to manufacture the CDs and they advanced
the band $1 million. Plus there were $1 million in video costs,
$300,000 in radio promotion and $200,000 in tour support. The
company also paid $750,000 in music publishing royalties.They
spent $2.2 million on marketing. That's mostly retail advertising,
but marketing also pays for those huge posters of Marilyn Manson
in Times Square and the street scouts who drive around in vans
handing out black Korn T-shirts and backwards baseball caps. Not
to mention trips to Scores and cash for tips for all and sundry.
Add it up and the record company has spent about $4.4 million.
So their profit is $6.6 million; the band may as well be working
at a 7-Eleven.Of course, they had fun. Hearing yourself on the
radio, selling records, getting new fans and being on TV is great,
but now the band doesn't have enough money to pay the rent and
nobody has any credit. Worst of all, after all this, the band
owns none of its work ... they can pay the mortgage forever but
they'll never own the house. Like I said: Sharecropping. Our media
says, "Boo hoo, poor pop stars, they had a nice ride. Fuck
them for speaking up"; but I say this dialogue is imperative.
And cynical media people, who are more fascinated with celebrity
than most celebrities, need to reacquaint themselves with their
value systems.When you look at the legal line on a CD, it says
copyright 1976 Atlantic Records or copyright 1996 RCA Records.
When you look at a book, though, it'll say something like copyright
1999 Susan Faludi, or David Foster Wallace. Authors own their
books and license them to publishers. When the contract runs out,
writers gets their books back. But record companies own our copyrights
forever.The system's set up so almost nobody gets paid.
* The RIAA *
Last November, a Congressional aide named Mitch Glazier, with
the support of the RIAA, added a "technical amendment"
to a bill that defined recorded music as "works for hire"
under the 1978 Copyright Act. He did this after all the hearings
on the bill were over. By the time
artists found out about the change, it was too late. The bill
was on its way to the White House for the president's signature.
That subtle change in copyright law will add billions of dollars
to record company bank accounts over the next few years -- billions
of dollars that rightfully should have been paid to artists. A
"work for hire" is now owned in perpetuity by the record
company. Under the 1978 Copyright Act, artists could reclaim the
copyrights on their work after 35 years. If you wrote and recorded
"Everybody Hurts," you at least got it back to as a
family legacy after 35 years. But now, because of this corrupt
little pisher, "Everybody Hurts" never gets returned
to your family, and can now be sold to the highest bidder.Over
the years record companies have tried to put "work for hire"
provisions in their contracts, and Mr. Glazier claims that the
"work for hire" only "codified" a standard
industry practice. But copyright laws didn't identify sound recordings
as being eligible to be called "works for hire," so
those contracts didn't mean anything. Until now.Writing and recording
"Hey Jude" is now the same thing as writing an English
textbook, writing standardized tests, translating a novel from
one language to another or making a map. These are the types of
things addressed in the "work for hire" act. And writing
a standardized test is a work for hire. Not making a record. So
an assistant substantially altered a major law when he only had
the
authority to make spelling corrections. That's not what I learned
about how government works in my high school civics class. Three
months later, the RIAA hired Mr. Glazier to become its top lobbyist
at a salary that was obviously much greater than the one he had
as the spelling corrector guy. The RIAA tries to argue that this
change was necessary because of a provision in the bill that musicians
supported. That provision prevents anyone from registering a famous
person's name as a Web address without that person's permission.
That's great. I own my name, and should be able to do what I want
with my name. But the bill also created an exception that allows
a company to take a person's name for a Web address if they create
a work for hire. Which means a record company would be allowed
to own your Web site when you record your "work for hire"
album. Like I said: Sharecropping. Although I've never met any
one at a record company who "believed in the Internet,"
they've all been trying to cover their asses by securing everyone's
digital rights. Not that they know what to do with them. Go to
a major label-owned band site. Give me a dollar for every time
you see an annoying "under construction" sign. I used
to pester Geffen (when it was a label) to do a better job. I was
totally ignored for two years, until I got my band name back.
The Goo Goo Dolls are struggling to gain control of their domain
name from Warner Bros., who claim they own the name because they
set up a shitty promotional Web site for the band. Orrin Hatch,
songwriter and Republican senator from Utah, seems to be the only
person in Washington with a progressive view of copyright law.
One lobbyist says that there's no one in the House with a similar
view and that "this would have never happened if Sonny Bono
was still alive." By the way, which bill do you think the
recording industry used for this amendment? The Record Company
Redefinition Act? No. The Music Copyright Act? No. The Work for
Hire Authorship Act? No.How about the Satellite Home Viewing Act
of 1999? Stealing our copyright reversions in the dead of night
while no one was looking, and with no hearings held, is piracy.
It's piracy when the RIAA lobbies to change the bankruptcy law
to make it more difficult for musicians to declare bankruptcy.
Some musicians have declared bankruptcy to free themselves from
truly evil contracts. TLC declared bankruptcy after they received
less than 2 percent of the $175 million earned by their CD sales.
That was about 40 times less than the profit that was divided
among their management, production and record companies. Toni
Braxton also declared bankruptcy in 1998. She sold $188 million
worth of CDs, but she was broke because of a terrible recording
contract that paid her less than 35 cents per album. Bankruptcy
can be an artist's only defense against a truly horrible deal
and the RIAA wants to take it away.
Artists want to believe that we can make lots of money if we're
successful. But there are hundreds of stories about artists in
their 60s and 70s who are broke because they never made a dime
from their hit records. And real success is still a long shot
for a new artist today. Of the 32,000 new releases each year,
only 250 sell more than 10,000 copies. And less than 30go platinum.The
four major record corporations fund the RIAA. These companies
are rich and obviously well-represented. Recording artists and
musicians don't really have the money to compete. The 273,000
working musicians in America make about $30,000 a year. Only 15
percent of American Federation of Musicians members work steadily
in music. But the music industry is a $40 billion-a-year business.
One-third of that revenue comes from the United States. The annual
sales of cassettes, CDs and video are larger than the gross national
product of 80 countries. Americans have more CD players, radios
and VCRs than we have bathtubs. Story after story gets told about
artists -- some of them in their 60s and 70s, some of them authors
of huge successful songs that we all enjoy, use and sing -- living
in total poverty, never having been paid anything. Not even having
access to a union or to basic health care. Artists who have generated
billions of dollars for an industry die broke and un-cared for.
And they're not actors or participators. They're the rightful
owners, originators and performers of original compositions.
This is piracy.
* Technology is not piracy *
This opinion is one I really haven't formed yet, so as I speak
about Napster now, please understand that I'm not totally informed.
I will be the first in line to file a class action suit to protect
my copyrights if Napster or even the far more advanced Gnutella
doesn't work with us to protect us. I'm on [Metallica drummer]
Lars Ulrich's side, in other words, and I feel really badly for
him that he doesn't know how to condense his case down to a sound-bite
that sounds more reasonable than the one I saw today. I also think
Metallica is being given too much grief. It's anti-artist, for
one thing. An artist speaks up and the artist gets squashed: Sharecropping.
Don't get above your station, kid. It's not piracy when kids swap
music over the Internet using Napster or Gnutella or Freenet or
iMesh or beaming their CDs into a My.MP3.com or MyPlay.com music
locker. It's piracy when those guys that run those companies make
side deals with the cartel lawyers and label heads so that they
can be "the labels' friend," and not the artists'. Recording
artists have essentially been giving their music away for free
under the old system, so new technology that exposes our music
to a larger
audience can only be a good thing. Why aren't these companies
working with us to create some peace? There were a billion music
downloads last year, but music sales are up. Where's the evidence
that downloads hurt business? Downloads are creating more demand.
Why aren't record companies embracing this great opportunity?
Why aren't they trying to talk to the kids passing compilations
around to learn what they like? Why is the RIAA suing the companies
that are stimulating this new demand? What's the point of going
after people swapping cruddy-sounding MP3s? Cash! Cash they have
no intention of passing onto us, the writers of their profits.
At this point the "record collector" geniuses who use
Napster don't have the coolest most arcane selection anyway, unless
you're into techno. Hardly any pre-1982 REM fans, no '60s punk,
even the Alan Parsons Project was underrepresented when I tried
to find some Napster buddies. For the most part, it was college
boy rawk without a lot of imagination. Maybe that's the demographic
that cares -- and in that case, My Bloody Valentine and Bert Jansch
aren't going to get screwed just yet. There's still time to negotiate.
* Destroying traditional access *
Somewhere along the way, record companies figured out that it's
a lot more profitable to control the distribution system than
it is to nurture artists. And since the companies didn't have
any real competition, artists had no other place to go. Record
companies controlled the promotion and marketing; only they had
the ability to get lots of radio play, and get records into all
the big chain store. That power put them above both the artists
and the audience. They own the plantation. Being the gatekeeper
was the most profitable place to be, but now we're in a world
half without gates. The Internet allows artists to communicate
directly with their audiences; we don't have to depend solely
on an inefficient system where the record company promotes our
records to radio, press or retail and then sits back and hopes
fans find out about our music.
Record companies don't understand the intimacy between artists
and their fans. They put records on the radio and buy some advertising
and hope for the best. Digital distribution gives everyone worldwide,
instant access to music. And filters are replacing gatekeepers.
In a world where we can get anything we want, whenever we want
it, how does a company create value? By filtering. In a world
without friction, the only friction people value is editing. A
filter is valuable when it understands the needs of both artists
and the public. New companies should be conduits between musicians
and their fans. Right now the only way you can get music is by
shelling out $17. In a world where music costs a nickel, an artist
can "sell" 100 million copies instead of just a million.
The present system keeps artists from finding an audience because
it has too many artificial scarcities: limited radio promotion,
limited bin space in stores and a limited number of spots on the
record company roster. The digital world has no scarcities. There
are countless ways to reach an audience. Radio is no longer the
only place to hear a new song. And tiny
mall record stores aren't the only place to buy a new CD.
* I'm leaving *
Now artists have options. We don't have to work with major labels
anymore, because the digital economy is creating new ways to distribute
and market music. And the free ones amongst us aren't going to.
That means the slave class, which I represent, has to find ways
to get out of our deals. This didn't really matter before, and
that's why we all stayed.
I want my seven-year contract law California labor code case to
mean something to other artists. (Universal Records sues me because
I leave
because my employment is up, but they say a recording contract
is not a
personal contract; because the recording industry -- who, we have
established, are excellent lobbyists, getting, as they did, a
clerk to disallow Don Henley or Tom Petty the right to give their
copyrights to their families -- in California, in 1987, lobbied
to pass an amendment that nullified recording contracts as personal
contracts, sort of. Maybe. Kind of. A little bit. And again, in
the dead of night, succeeded.) That's why I'm willing to do it
with a sword in my teeth. I expect I'll be ignored or ostracized
following this lawsuit. I expect that the treatment you're seeing
Lars Ulrich get now will quadruple for me. Cool. At least I'll
serve a purpose. I'm an artist and a good artist, I think, but
I'm not that artist that has to play all the time, and thus has
to get fucked. Maybe my laziness and self-destructive streak will
finally pay off and serve a community desperately in need of it.
They can't torture me like they could Lucinda Williams. You funny
dot-communists. Get your shit together, you annoying sucka VCs
I want to work with people who believe in music and art and passion.
And I'm just the tip of the iceberg. I'm leaving the major label
system and there are hundreds of artists who are going to follow
me. There's an unbelievable opportunity for new companies that
dare to get it right. How can anyone defend the current system
when it fails to deliver music to so many potential fans? That
only expects of itself a "5 percent success rate" a
year? The status quo gives us a boring culture. In a society of
over 300 million people, only 30 new artists a year sell a million
records. By any measure, that's a huge failure. Maybe each fan
will spend less money, but maybe each artist will have a better
chance of making a living. Maybe our culture will get more
interesting than the one currently owned by Time Warner. I'm not
crazy. Ask yourself, are any of you somehow connected to Time
Warner media? I think there are a lot of yeses to that and I'd
have to say that in that case president McKinley truly failed
to bust any trusts. Maybe we can remedy that now. Artists will
make that compromise if it means we can connect with hundreds
of millions of fans instead of the hundreds of thousands that
we have now. Especially if we lose all the crap that goes with
success under the current system. I'm willing, right now, to leave
half of these trappings -- fuck it, all these trappings -- at
the door to have a pure artist experience. They cosset us with
trappings to shut us up. That way when we say "sharecropper!"
you can point to my free suit and say "Shut up pop star."
Here, take my Prada pants. Fuck it. Let us do our real jobs.
And those of us addicted to celebrity because we have nothing
else to give will fade away. And those of us addicted to celebrity
because it was there will find a better, purer way to live. Since
I've basically been giving my music away for free under the old
system, I'm not afraid of wireless, MP3 files or any of the other
threats to my copyrights. Anything that makes my music more available
to more people is
great. MP3 files sound cruddy, but a well-made album sounds great.
And I don't care what anyone says about digital recordings. At
this point they are good for dance music, but try listening to
a warm guitar tone on them. They suck for what I do. Record companies
are terrified of anything that challenges their control of distribution.
This is the business that insisted that CDs be sold in incredibly
wasteful 6-by-12 inch long boxes just because no one thought you
could change the bins in a record store. Let's not call the major
labels "labels." Let's call them by their real names:
They are the distributors. They're the only distributors and they
exist because of scarcity. Artists pay 95 percent of whatever
we make to gatekeepers because we used to need gatekeepers to
get our music heard. Because they have a system, and when they
decide to spend enough money -- all of it recoupable, all of it
owed by me -- they can occasionally shove things through this
system, depending on a lot of arbitrary factors. The corporate
filtering system, which is the system that brought you (in my
humble opinion) a piece of crap like "Mambo No. 5" and
didn't let you hear the brilliant Cat Power record or the amazing
new Sleater Kinney record, obviously doesn't have good taste anyway.
But we've never paid major label/distributors for their good taste.
They've never been like Yahoo and provided a filter service.
There were a lot of factors that made a distributor decide to
push a recording through the system:
* How powerful is management?
* Who owes whom a favor?
* What independent promoter's cousin is the drummer?
* What part of the fiscal year is the company putting out the
record?
* Is the royalty rate for the artist so obscenely bad that it's
almost 100
percent profit instead of just 95 percent so that if the record
sells, it's literally a steal?
* How much bin space is left over this year?
* Was the record already a hit in Europe so that there's corporate
pressure to make it work?
* Will the band screw up its live career to play free shows for
radio stations?
* Does the artist's song sound enough like someone else that radio
stations
will play it because it fits the sound of the month?
* Did the artist get the song on a film soundtrack so that the
movie studio will pay for the video?
These factors affect the decisions that go into the system. Not
public taste. All these things are becoming eradicated now. They
are gone or on their way out. We don't need the gatekeepers any
more. We just don't need them.
And if they aren't going to do for me what I can do for myself
with my 19-year-old Webmistress on my own Web site, then they
need to get the hell out of my way. [I will] allow millions of
people to get my music for nothing if they want and hopefully
they'll be kind enough to leave a tip if they like it. I still
need the old stuff. I still need a producer in the creation of
a recording, I still need to get on the radio (which costs a lot
of money), I still need bin space for hardware CDs, I still need
to provide an opportunity for people without computers to buy
the hardware that I make. I still need a lot of this stuff, but
I can get these things from a joint venture with a company that
serves as a conduit and knows its place. Serving the artist and
serving the public: That's its place.
* Equity for artists *
A new company that gives artists true equity
in their work can take over the
world, kick ass and make a lot of money. We're inspired by how
people get paid in the new economy. Many visual artists and software
and hardware designers have real ownership of their work. I have
a 14-year-old niece. She used to want to be a rock star. Before
that she wanted to be an actress. As of six months ago, what do
you think she
wants to be when she grows up? What's the glamorous, emancipating
career of choice? Of course, she wants to be a Web designer.
It's such a glamorous business! When you people do business with
artists, you have to take a different view of things. We want
to be treated with the respect that now goes to Web designers.
We're not Dockers-wearing Intel workers from Portland who know
how to "manage our stress." We don't understand or want
to understand corporate culture .I feel this obscene gold rush
greedgreedgreed vibe that bothers me a lot when I talk to dot-com
people about all this. You guys can't hustle artists that well.
At least slick A&R guys know the buzzwords. Don't try to compete
with them. I just laugh at you when you do! Maybe you could a
year ago when anything dot-com sounded smarter than the rest of
us, but the scam has been uncovered. The celebrity-for-sale business
is about to crash, I hope, and the idea of a sucker VC gifting
some company with four floors just because they can "do"
"chats" with "Christina" once or twice is
ridiculous. I did a chat today, twice. Big damn deal. 200 bucks
for the software and some elbow grease and a good back-end coder.
Wow. That's not worth 150 million bucks. ... I mean, yeah, sure
it is if you'd like to give it to me.
>* Tipping/music as service *
I know my place. I'm a waiter. I'm in the service industry.
I live on tips. Occasionally, I'm going to get stiffed, but that's
OK. If I
work hard and I'm doing good work, I believe that the people who
enjoy it are going to want to come directly to me and get my
music because it sounds better, since it's mastered and packaged
by me personally. I'm providing an honest, real experience. Period.
When people buy the bootleg T-shirt in the concert parking lot
and not the more expensive T-shirt inside the venue, it isn't
to save money. The T-shirt in the parking lot is cheap and badly
made, but it's easier to buy. The bootleggers have a better distribution
system. There's no waiting in line and it only takes two minutes
to buy one. I know that if I can provide my own T-shirt that I
designed, that I made, and provide it as quickly or quicker than
the bootleggers, people who've enjoyed the experience I've provided
will be happy to shell out a little more money to cover my costs.
Especially if they understand this context, and aren't being shoveled
a load of shit about "uppity" artists. It's exactly
the same with recorded music. The real thing to fear from Napster
is its simple and excellent distribution system. No one really
prefers a cruddy-sounding Napster MP3 file to the real thing.
But it's really easy to get an MP3 file; and in the middle of
Kansas you may never see my record because major distribution
is really bad if your record's not in the charts this week, and
even then it takes a couple of weeks to restock the one copy they
usually keep on hand. I also know how many times I have heard
a song on the radio that I loved only to buy the record and have
the album be a piece of crap. If you're afraid of your own filler
then I bet you're afraid of Napster. I'm afraid of Napster because
I think the major label cartel will get to them before I do.
I've made three records. I like them all. I haven't made filler
and they're all committed pieces of work. I'm not scared of you
previewing my record. If you like it enough to have it be a part
of your life, I know you'll come to
me to get it, as long as I show you how to get to me, and as long
as you know that it's out. Most people don't go into restaurants
and stiff waiters, but record labels represent the restaurant
that forces the waiters to live on, and sometimes pool, their
tips. And they even fight for a bit of their tips. Music is a
service to its consumers, not a product. I live on tips. Giving
music away for free is what artists have been doing naturally
all their lives.
>* New models *
Record companies stand between artists and
their fans. We signed terrible deals with them because they controlled
our access to the public.
But in a world of total connectivity, record companies lose that
control.
With unlimited bin space and intelligent search engines, fans
will have no trouble finding the music they know they want. They
have to know they want it, and that needs to be a marketing business
that takes a fee.
If a record company has a reason to exist, it has to bring an
artist's music
to more fans and it has to deliver more and better music to the
audience.
You bring me a bigger audience or a better relationship with my
audience or get the fuck out of my way. Next time I release a
record, I'll be able to go directly to my fans and let them hear
it before anyone else.
We'll still have to use radio and traditional CD distribution.
Record stores aren't going away any time soon and radio is still
the most important part of record promotion. Major labels are
freaking out because they have no control in this new
world. Artists can sell CDs directly to fans. We can make direct
deals with thousands of other Web sites and promote our music
to millions of people that old record companies never touch.
We're about to have lots of new ways to sell our music: downloads,
hardware bundles, memory sticks, live Webcasts, and lots of other
things that aren't even invented yet.
>* Content providers *
But there's something you guys have to figure
out. Here's my open letter to Steve Case:
Avatars don't talk back!!! But what are you going to do with real
live artists? Artists aren't like you. We go through a creative
process that's demented and crazy. There's a lot of soul-searching
and turning ourselves inside-out and all kinds of gross stuff
that ends up on "Behind the Music." A lot of people
who haven't been around artists very much get really weird when
they sit down to lunch with us. So I want to give you some advice:
Learn to speak our language. Talk about songs and melody and hooks
and art and beauty and soul. Not sleazy record-guy crap, where
you're in a cashmere sweater murmuring that the perfect deal really
is perfect, Courtney. Yuck. Honestly hire honestly committed people.
We're in a "new economy," right? You can afford to do
that. But don't talk to me about "content." I get
really freaked out when I meet someone and they start telling
me that I should record 34 songs in the next six months so that
we have enough content for my site. Defining artistic expression
as content is anathema to me. What the hell is content? Nobody
buys content. Real people pay money for
music because it means something to them. A great song is not
just something to take up space on a Web site next to stock market
quotes and baseball scores. DEN tried to build a site with artist-free
content and I'm not sorry to see it fail. The DEN shows look like
art if you're not paying attention, but they forgot to hire anyone
to be creative. So they ended up with a lot of content nobody
wants to see because they thought they could avoid dealing with
defiant and moody personalities. Because they were arrogant. And
because they were conformists. Artists have to deal with business
people and business people have to deal with artists. We hate
each other. Let's create companies of mediators. Every single
artist who makes records believes and hopes that they give you
something that will transform your life. If you're really just
interested in
data mining or selling banner ads, stick with those "artists"
willing to
call themselves content providers. I don't know if an artist can
last by meeting the current public taste, the taste from the last
quarterly report. I don't think you can last by following demographics
and carefully meeting expectations. I don't know many
lasting works of art that are condescending or deliberately stupid
or were created as content. Don't tell me I'm a brand. I'm famous
and people recognize me, but I can't look in the mirror and see
my brand identity.Keep talking about brands and you know what
you'll get? Bad clothes. Bad hair. Bad books. Bad movies. And
bad records. And bankrupt businesses. Rides that were fun for
a year with no employee loyalty but everyone got rich fucking
you. Who wants that? The answer is purity. We can afford it. Let's
go find it again while we can. I also feel filthy trying to call
my music a product. It's not a thing that I test market like toothpaste
or a new car. Music is personal and mysterious. Being a "content
provider" is prostitution work that devalues our art and
doesn't satisfy our spirits. Artistic expression has to be provocative.
The problem with artists and the Internet: Once their art is reduced
to content, they may never have the opportunity to retrieve their
souls. When you form your business for creative people, with
creative people, come at us with some thought. Everybody's process
is different. And remember that it's art. We're not craftspeople.
>* Sponsorships *
I don't know what a good sponsorship would
be for me or for other artists I respect. People bring up sponsorships
a lot as a way for artists to get our music paid for upfront and
for us to earn a fee. I've dealt with large corporations for long
enough to know that any alliance where I'm an owned service is
going to be doomed. When I agreed to allow a large cola company
to promote a live show, I couldn't have been more miserable. They
screwed up every single thing imaginable. The venue was empty
but sold out. There were thousands of people outside who wanted
to be there, trying to get tickets. And there were the empty seats
the company had purchased for a lump sum and failed to market
because they were clueless about music. It was really dumb. You
had to buy the cola. You had to dial a number. You had to press
a bunch of buttons. You had to do all this crap that nobody wanted
to do. Why not just bring a can to the door? On top of all this,
I felt embarrassed to be an advertising agent for a product that
I'd never let my daughter use. Plus they were a condescending
bunch of little guys. They treated me like I was an ungrateful
little bitch who should be groveling for the experience to play
for their damn soda. I ended up playing without my shirt on and
ordering a six-pack of the rival cola onstage. Also lots of unwholesome
cursing and nudity occurred. This way I knew that no matter how
tempting the cash was, they'd never do business with me again.
If you want some little obedient slave content provider, then
fine. But I think most musicians don't want to be responsible
for your clean-cut,
wholesome, all-American, sugar corrosive cancer-causing, all white
people, no women allowed sodapop images. Nor, on the converse,
do we want to be responsible for your vice-inducing, liver-rotting,
child-labor-law-violating, all white people, no-women-allowed
booze images. So as a defiant moody artist worth my salt, I've
got to think of something else. Tampax, maybe.
>* Money *
As a user, I love Napster. It carries some
risk. I hear idealistic business people talk about how people
that are musicians would be musicians no matter what and that
we're already doing it for free, so what about copyright? Please.
It's incredibly easy not to be a musician. It's always a struggle
and a dangerous career choice. We are motivated by passion and
by money. That's not a dirty little secret. It's a fact. Take
away the incentive for major or minor financial reward and you
dilute the pool of musicians. I am not saying that only pure artists
will survive. Like a few of the more utopian people who discuss
this, I don't want just pure artists to survive. Where would we
all be without the trash? We need the trash to cover up our national
depression. The utopians also say that because in their minds
"pure" artists are all Ani DiFranco and don't demand
a lot of money. Why are the utopians all entertainment lawyers
and major label workers anyway? I demand a lot of money if I do
a big huge worthwhile job and millions of people like it, don't
kid yourself. In economic terms, you've got an industry that's
loathsome and outmoded, but when it works it creates some incentive
and some efficiency even though absolutely no one gets paid. We
suffer as a society and a culture when we don't pay the true value
of goods and services delivered. We create a lack of production.
Less good music is recorded if we remove the incentive to create
it. Music is intellectual property with full cash and opportunity
costs required to create, polish and record a finished product.
If I invest money and time into my business, I should be reasonably
protected from the theft of my goods and services. When the judgment
came against MP3.com, the RIAA sought damages of $150,000 for
each major-label-"owned" musical track in MP3's database.
Multiply by 80,000 CDs, and MP3.com could owe the gatekeepers
$120 billion.
But what about the Plimsouls? Why can't MP3.com pay each artist
a fixed amount based on the number of their downloads? Why on
earth should MP3.com pay $120 billion to four distribution companies,
who in most cases won't have to pay a nickel to the artists whose
copyrights they've stolen through their system of organized theft?
It's a ridiculous judgment. I believe if evidence had been entered
that ultimately it's just shuffling big cash around two or three
corporations, I can only pray that the judge in the MP3.com case
would have seen the RIAA's case for the joke that it was. I'd
rather work out a deal with MP3.com myself, and force them to
be artist-friendly, instead of being laughed at and having my
money hidden by a major label as they sell my records out the
back door, behind everyone's back. How dare they behave in such
a horrified manner in regards to copyright law when their entire
industry is based on piracy? When Mister Label Head Guy, whom
my lawyer yelled at me not to name, got caught last year selling
millions of "cleans" out the back door. "Cleans"
being the records that aren't for marketing but are to be sold.
Who the fuck is this guy? He wants to save a little cash so he
fucks the artist and goes home? Do they fire him? Does Chuck Phillips
of the LA Times say anything? No way! This guy's a source! He
throws awesome dinner parties! Why fuck with the status quo? Let's
pick on Lars Ulrich instead because he brought up an interesting
point!
>* Conclusion *
I'm looking for people to help connect me to more fans, because
I believe fans will leave a tip based on the enjoyment and service
I provide. I'm not scared of them getting a preview. It really
is going to be a global village where a billion people have access
to one artist and a billion people can leave a tip if they want
to. It's a radical democratization. Every artist has access to
every fan and every fan has access to every artist, and the people
who direct fans to those artists. People that give advice and
technical value are the people we need. People crowding the distribution
pipe and trying to ignore fans and artists have no value. This
is a perfect system. If you're going to start a company that
deals with musicians, please do it because you like music. Offer
some control and equity to the artists and try to give us some
creative guidance. If music and art and passion are important
to you, there are hundreds of artists who are ready to rewrite
the rules. In the last few years, business pulled our culture
away from the idea that music is important and emotional and sacred.
But new technology has brought a real opportunity for change;
we can break down the old system and give musicians real freedom
and choice. A great writer named Neal Stephenson said that America
does four things better than any other country in the world: rock
music, movies, software and high-speed pizza delivery. All of
these are sacred American art forms. Let's return to our purity
and our idealism while we have this shot. Warren Beatty once said:
"The greatest gift God gives us is to enjoy the sound of
our own voice. And the second greatest gift is to get somebody
to listen to it." And for that, I humbly thank you.
- - - - - - - - - - - - - Courtney Love