Labels Lose File-Sharing Argument

Labels Lose File-Sharing Argument
April 29, 2008 - Legal and Management

By Susan Butler, N.Y.

Major labels have been hit with a setback in Arizona today, where a federal District Court judge denied their motion for a summary judgment filed against alleged Kazaa file sharers Pamela and Jeffrey Howell.

Contrary to some other court decisions, this court held that making a music file available in a Kazaa shared folder is not an unlawful distribution of a copyrighted work. To infringe the right of distribution under copyright law, the owner must prove the "actual dissemination of copies or phonorecords," the court held.

In other words, copyright owners must prove that the file was actually downloaded by someone.

Click Here for full story.

Time will tell how this court decision will play out in the music business.

Music Conference Lists, Music Industry Connection, Music Money

Music Business in Sac Town

Below is a music business repost reply that I gave on a music industry forum online concerning a producer/artist feeling that Sacramento, CA artist don't get noticed.

You probably need to do some collabs with cats in the Bay Area. Once people know you from that they'll want to find out about more of what's going on in Sac-Town. You also want to give folks a number of reasons to come to Sac in the second place. Examples below:

1) Help promote local music showcases, talent shows & indie concerts
2) Organize a monthly round table discussion about the music business
3) Bring local indie media, artists & labels together for a recurring event and it will grow
4) Upload youtube videos of various industry related events and watch the word spread

At the end of the day you have to define getting noticed. Be careful though there are a number of noticed one-hit wonders. Once you decide what getting noticed is then mash on that until it happens.

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Music Business Power of Networking

Previously, I read and heard about xing.com, but it wasn't until I was on a conference call with Allen Johnston the Music Specialist that I decided to open an account. Upon opening a xing.com profile I joined the music business group that lead me to read a post by Peter Fosso. The post by Peter Fosso lead me to learn about music2deal.com.

According to the site Music2deal.com is the international networking community for the music industry. Here you can offer & find music and connect with other industry professionals around the world. The various communication tools of music2deal.com are designed to suit the needs of music professionals, making your business more effective and providing you with new business opportunities. The music2deal international network with local representatives helps you to promote your artists and music as well as to enter new markets. And you keep 100% of any deals you make. Music2Deal does not take a cut.

This music business blog is not an endorsement of Peter Fosso nor music2deal.com. However, it's a resource worth exploring. As you know the music business has changed for the better and those that are able to seek new opportunities are in the greatest position for success. Perhaps music2deal.com will help you create global music industry connections and make money from your efforts.

Bigger Music Business by JaWar

Is the world getting larger or smaller? Are you making more or less money? Are your fans and clients close or far away? Are you a local business with an international presence? The Internet and mobile technology has made it easier and cost effective for a start up or small company to participate in the global music business within a relatively short time frame. Essentially, as fast as you are able to set up a payment system, website or web-page you can have a global presence.

If you're selling merchandise you may use a company like Cafepress to market, distribute and sell merchandise. If you're selling books you may use the Make Money Self Publishing Process to convert your existing or future work into an ebook. If you're selling music you may use any one of the 80+ digital distribution companies found in the Los Angeles Music Industry Connection Book to sell your music online. The possibilities are many and continue to grow making the barrier to entry relatively low.

As I've stated before money is not the true hurdle for their exist many investors seeking secure methods to help their investments grow much faster than the rate of inflation. If your start up business will help them achieve this goal you are that much closer to finding an investor. So, money is not the issue. One must posses a burning desire, a practical written plan and daily execution of that plan.

Chuck D once said to "think globally and act locally." As an entrepreneur, business owner or start-up media company you'll want to learn how to expand your reach and tap into the international music business. Visit the sites mentioned throughout this blog and at global music business to jumpstart your international presence and make money online.

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Future of the Music Business

Below is from a discussion on a forum on Brian M. Cox's website the Studio Exposed. The forum is entitled -Where will Music Be in the Next 10 Years?

ORIGINAL POST BY STEALTH -25 EIGHT PRODUCTIONS:

"Remember back in like 1999 -2000 when everybody was trippin off Napster? Now there are all kinds of peer sharing networks and things of that nature, to where in all honesty nobody with a computer and internet access has to BUY an album if they want the music.

And then with Itunes and others like it, all you have to do is buy a single off an album and you got your favorite songs without buyin the whole album! Doesn't that hurt the industry? I remember the only way you could get singles was to go to a store and actually buy the single! Lol...its crazy now man...for real...

At this rate, I don't see how the industry is gonna survive. Or maybe its just changing.....but in my opinion its not for the better....

What's your thoughts? This is extremely important to all of us, because this is the line of work that we are all choosing for ourselves, so its definitely something to think and talk about..."

JAWAR'S RESPONSE TO ORIGINAL FORUM:

According to Urban Network Digital Sales will account for 40% of the music purchased by 2012. Don't be fooled by the media hype -Chuck D said "can't trust it!"

No sells hurts the music industry, changing sells only means a changing business model. Those who refuse to change will be put out of business i.e. Tower Records and other major & mom and pop record stores and distributors, etc.

There's a new type of company that is emerging from the flames. This company is a media company that encompasses audio-visual experience. This company overstands the need to build solid-brands in niche markets. This new type of company then markets & promotes its' brand using many of the existing and emerging technologies to come for optimum exposure. Fans want more than merely music now they want a total experience. Those brands -artists, producers, songwriters, etc. that can deliver will emerge as the new leaders in the music industry those that don't will perish.

As we expand our creative imagination will learn to tap a wealth of resources to keep our brands, music and businesses moving forward. For instance, two to three years ago this site didn't exist. However, Studio Exposed gives Bryan M. Cox and others the ability to find and sign new talent. The Studio Exposed gives aspiring new talent the ability to network with peers from around the world.

The question now is how does one get paid. If you look to the right of the screen you'll see ads on Studio Exposed. The owners of Studio Exposed and/or the web developers get paid from those ads. It would be wise to have your own website so you too can have such ads and make money online. For full details CLICK HERE!



In addition, if you had an additional product or service that was a bit different but beneficial to your peers you could make money online. For instance, the Music Industry Connection Book Series gives a wealth of practical information on the business of music.

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Music Biz: Who You Know What You Know?

Below is my post to a forum on the Studio Exposed asking -Is it What You Know or Who You Know as it relates to getting on in the music business?

Often who you know gets you in and what you know keeps you in. Since we tend to do business with companies and people who we are familiar with it makes sense to brand, market, promote, publicize and sell yourself to as many people in your target market as possible to accomplish your goals and realize your potential.

No man can stop creative imagination and the burning desire backed by a practical plan and daily execution. To increase your music business contacts download the Music Industry Connection Book Series today.



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Are R&B Recording Artists Lazy?

With all the R&B Recording Artists seeking to further their music careers I rarely see them aggressively branding, marketing and promoting themselves at music conferences. Most of the Atlanta Music Showcases rarely have R&B Recording Artists performing unless it's sponsored by ASCAP, BMI or SESAC.

It seems that Hip Hop & Rock Recording Artist will aggressively brand, market, promote and perform their music whenever they can even if it means paying to perform in a music showcase or talent show. Rarely are R&B Artist seen aggressively pursuing their music career with the same intensity as Hip Hop & Rock Artist.

To this I ask are R&B Artist lazy? If not what can be done to ensure they play an active role in aggressively attending music conferences, music showcases and industry networking events.



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Distribution vs. Record Deal

Below is my response to a music business question asked in a Word on the Streets Magazine Forum about which is better a distribution deal or record deal.

A distribution deal is better than a record deal as the record business is quickly being phased out. By distribution I mean tapping into some form of Digital Marketing System that gives one a greater reach than they would have on their own, wherein they maintained creative control and rights to their name, likeness, image and copyrights. A distribution deal should only be sought after when a media company (formerly record label) has created a significant buzz with clients (end users/consumers). At this point distributors will seek you ought for a piece of the pie. As everyone wants something good to eat and to be on the winning team.

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Why are CD Sells Decreasing?

A question was asked on a Word on the Streets Magazine Forum -What are CD Sells Decreasing? Below is my response to the question.

CD sells are also down because consumers have less discretionary income and more things to spend it on. For instance, video games, dvds and a host of other things that may now entertain them. In addition, during the 90's the record business saw historic sell increases because fans were replacing their existing catalog of vinyl and cassette tapes with CD while buying new releases. Remember than in the 90's the economy was reportedly doing better than it is now -people had more money. Record companies also continued to inflate CD prices while the cost of production decreased significantly due to better technologies and economies of scale (the more of something you produce the less it cost per unit). After awhile consumers old music catalog began to be replenished with the new CD format, lessening the need to buy more CDs.

At the end of the day there are plenty of factors that have nothing to do with downloading that caused CD sales to be greatly reduced over the years. Downloading has been the scapegoat, but I suggest that declining CD sells would have occurred even if downloading was not a factor given all the other conditions mentioned. I'd strongly suggest reading Does Music File Sharing Boost Sells and Is Your Music Business Global?


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Music Industry Connection, Music Money, Radio Music Conference

Is Your Music Business Global?

Is the world getting larger or smaller? Are you making more or less money? Are your fans and clients close or far away? Are you a local business with an international presence? The Internet and mobile technology has made it easier and cost effective for a start up or small company to participate in the global music business within a relatively short time frame. Essentially, as fast as you are able to set up a payment system, website or web-page you can have a global presence.

If you're selling merchandise you may use a company like Cafepress to market, distribute and sell merchandise. If you're selling books you may use the Make Money Self Publishing Process to convert your existing or future work into an ebook. If you're selling music you may use any one of the 80+ digital distribution companies found in the Los Angeles Music Industry Connection Book to sell your music online. The possibilities are many and continue to grow making the barrier to entry relatively low.

As I've stated before money is not the true hurdle for their exist many investors seeking secure methods to help their investments grow much faster than the rate of inflation. If your start up business will help them achieve this goal you are that much closer to finding an investor. So, money is not the issue. One must posses a burning desire, a practical written plan and daily execution of that plan.

Chuck D once said to "think globally and act locally." As an entrepreneur, business owner or start-up media company you'll want to learn how to expand your reach and tap into the international music business. Visit the sites mentioned throughout this blog and at global music business to jumpstart your international presence and make money online.

Music Industry Connection, Music Conference, Music Showcase

Does Music File Sharing Boost Sells?

Yesterday, April 3, 2008, I reported that Jay-Z embraces the new (now) music business model as evident in his departure from resigning a recording contract with a major label and signing to Live Nation one of the biggest concert promoters in the world. Today, April 4, 2008 I report that you (my readers) and I are more on track with the new (now) music business model than you might have thought. For a full recap on how Jay-Z embraces the now music business model, click here.

Major record labels have long publicized that music file sharing has negatively affected CD sales and the music business for so long that most of us have believed the hype. Chuck D –Public Enemy Front Man (multi-platinum selling Hip Hop Group)/Community Activist once said “Don’t Believe the Hype.”

According to The iNDImag Report...

• The senior Google executive poached by EMI's new owners to overhaul its global digital strategy said yesterday that file sharing, for so long deemed the scourge of the music business, was "not necessarily bad".

• Since the rise of Napster, the music industry has blamed file sharing and peer-to-peer networks for the continuing slump in CD sales. With digital sales failing to bridge the gap, it is desperately searching for a new business model.

• "There is academic research that shows file sharing is a good thing for artists and not necessarily bad," said Merrill. "We should do a bunch of experiments to find out what the business model is."

• Previously, the music industry has rubbished studies that claim file sharing can have a positive effect on music sales. "I think people will pay," Merrill said. "There is evidence that people we think are not buying music are buying music. They're just not buying it in formats we can measure." This article was intentionally shorten for space. To read it in its’ entirety click here.

More New (Now) Music Business Model Articles:

• Mobile Music Business
• Downloads Soar in Coming Year
• Music Business Booms; Record Business Bust
• Should You Give Your Music Away
• Music Industry Connections
• My Music Conferences
• Get Music Money
  

If you want to stay ahead of the curve you must have vision, desire and execute through repetitive daily action. As a motivational speaker, author and business consultant I speak on Monetizing Your Web Presence (helping you make money online) and Internet Marketing Solutions. For details on future seminars visit moneyonlineseminar.com.

Are you a Songwriter in the Music Business?

In 2007, Willie Hunter, Barry Brown and I presented the Music Therapy 101 Music Business Seminar during the Atlantis Music Conference in Atlanta. The presentation was dynamic and touched a number of people. I challenged everyone in the seminar to start a blog within 30 days. In a room filled with a few hundred people I know of one person who not only started their blog within 30 days, but has been relentless in updating it on an ongoing basis.

Thedy B an attorney/songwriter has a music business blog: Hits-A-Million, filled with great information, resources and contacts. Thedy B embraced the idea that when it comes to the Internet, Search Engine Optimization (SEO) and Making Money Online that "Content is King." Over the past few months I've watched her songwriter blog blossom into this dynamic resource for songwriters, music producers and other aspiring music business professionals. Some of her music business blog topics include:

• ASCAP Writer's Roundtable
• 25 or More Places to Network
• Network Anyway
• Your Network Determines Your Network
• Do's & Don'ts of Networking at Music Conferences

People often asked me who are some of my clients/students? Do my teachings really help? Can you truly make money online? Thedy B -attorney/songwriter and publisher of Hits-A-Million Songwriter Blog has demonstrated that the teachings truly help and in time you too can make money online. Keep in mind before Thedy B heard me speak during the Atlantis Music Conference she wasn't very familiar with blogging nor had any idea how she too could make money on the Internet.

The Hits-A-Million Blog has at least three ways for Thedy B to monetize her web presence. In addition, she is able to set herself apart from other aspiring songwriters by adding value to the music industry.

Music Industry Connection, Hits-A-Million, Music Conference

JaWar & Andre 3000 on Music Biz Panel

I'm a bit late announcing this one family, please forgive me. In any event it appears that the JaWar -Motivational Speaker, Author & Business Consultant Brand continues to grow and reach new heights. On Friday, April 4, 2008, Andre "3000" Benjamin-Outkast, Jason Geter-Grand Hustle, JaWar-Music Industry Connection, Barry Brown-Bar Red Entertainment, Chris Young-Aarow Records, Sol Messiah-Universal Zulu Nation and DJ Dee Mello-Entreprenegro will speak on a music business panel entitled the Positive & Negative Effects of Hip Hop and Rap Music Today. The panel will be held during the Annual Black College Radio Convention in Atlanta, GA.

Future music conferences I'm scheduled to speak at include the Atl Record Pool Hip Hop/R&B Music Conference, the Radio Music Conference and S.U.M.C. (Southeastern Urban Music Conference).

I want to confirm the rumors that outside of the music business I speak at other conferences, give workshops and seminars on how to make money online and self-publishing your own book. All of my speaking engagements are fused with direction of personal achievement (motivation) for guests. It has been my experience that conference, workshop and seminar guest have the best time when they learn the nuts & bolts of any subject using a practical approach, have fun and are some how inspired by the presenter. Since, learning this it has been my sincere intent to deliver a dynamic presentation every time. If you're interested in scheduling me to be a featured speaker at your event call 678-887-4656.

Music Industry Connection, Music Conference, Music Showcase

Jay-Z Embraces Now Music Business Model

According to the Urban Network Jay-Z in Line to Strike Mega Deal with Live Nation. Yes, this is the same Live Nation that recently inked a deal with Mega Pop & Rock Stars Madonna and U2. We've been telling you that the old music business model no longer works. With so many areas to brand, market, promote, publicize and advertise a recording artist brand one should look to the new or now music business model.

While not yet completely defined the now music business model is one that embraces the changing climate of technologies that allow for a recording artists brand to be promoted, distributed and sold using a number of methods. The now music business model overstands that a recording artist may not sell 10,000,000 million or 500,000 physical copies (CD/albums) with music on it, but that same recording artist may sell 100,000+ downloads of a single, have their own social networking site with 250,000+ fans, sell merchandise direct to fans from their own website or blog, monetize (make money) their entire web presence, have special live performances that may only be viewed through a membership based website, etc. The point is that the now music business model is as fluid as the technology it uses. It embraces change. It learns from consumer/fan behavioral as opposed to attempting to alter it. Jay-Z apparently embraces the now music business model as seen by his actions to enter a new deal with Live Nation.

Urban Network Reports:

"The pundits have been predicting it for months, and now the New York Times confirms it. Jay-Z is on the verge of closing a deal with a concert promoter that rivals the biggest music contracts ever awarded. The multi-Grammy winning rap superstar plans to depart his longtime record label, Def Jam (where he also was most recently president), for a roughly $150 million package with the concert giant Live Nation that includes financing for his own entertainment venture, in addition to recordings and tours for the next decade. The pact, expected to be finalized this week, is the most expansive deal yet from Live Nation, which has angled to compete directly with the industry’s established music labels to distribute recordings, sell concert tickets, market merchandise and control other aspects of artists’ careers." CLICK HERE to read the full article.

Music Industry Connections, Music Conference, Music Money