The problem with DRM

DRM (digital rights management) is a set of technologies used by publishers and copyright holders in an attempt to try and control how their content is used, both physically (as far as copy protection for CDs etc.) and digitally via technical protection measures, a "wrapper" of specific code added to the material that restrict the use and access of the media on certain electronic devices.

The wikipedia page on DRM is a good place to start for a quick overview.

In 1998, the US Government passed the DMCA (Digital Millennium Copyright Act), an amendment to US copyright law, which basically outlaws the circumvention of DRM systems.
http://www.copyright.gov/legislation/dmca.pdf

One of the main controversies surrounding DRM is the notion that it may interfere with the fair use doctrine, an integral part of US Copyright Law, that allows reproduction of copyrighted material under certain conditions:
Copyright act of 1976, 17 U.S.C. § 107. Limitations on exclusive rights: Fair use

The major players in digital music, iTunes, Napster, RealNetworks, and Microsoft, all incorporate some form of proprietary DRM into their systems, which can create problems for users that wish to access the music across platforms, or on remote devices, even while operating underneath fair use guidelines. The main question is, as long as the online providers have control as to the use of their products, do we really own the music we purchase?

The Electronic Frontier Foundation has put out a simple guide to let folks know exactly what restrictions are implied when purchasing music online from the major companies, and also places like emusic.com, where people can buy DRM-free music:

The Customer is Always Wrong: A User's Guide to DRM in Online Music

Happy Birthday!

OK so today (7/01/07) is my 33rd Birthday! So as a present to myself, It is also going to mark the official launch date of this here blog. Look, mom! Baby is a blogger!

I have already been posting for a couple of days, just to let some content build up, but yeah, this is a beginning. To read the purpose of this whole mess, you can scroll down to the bottom, or go here.

Even in the last couple of days I have been reading a lot and learning some stuff and thinking about it, so the ball is rolling.

Welcome!

A rumination...

There is a distinction between the record industry and the music business. The medium (CD, LP, etc.) exists as a vehicle. And that is what labels, distributors and brick-and mortar retailers are in the business of selling. But the music is an intangible, and as we see, it is quickly becoming divorced from these little wafers of plastic and vinyl.

Granted, mp3s sound shitty in comparison to records and even CDs, but their value is in their convenience, and that they can be a more direct mode of communication between artist and audience. (not to mention they can be found all over the place for free or close to it).

I don’t think CDs or LPs will be totally wiped off the planet, but they’ll be out there only as a premium product, within a very select market, for fans who want something extra. The music itself will be available with abundance from countless sources. I’ve seen the analogy comparing it to bottled water. I mean anyone can go to the sink and get as much water as she wants for free, but yet through intelligent marketing, against all practical logic, folks still buy the bottled stuff by the truckload because it has it’s own set of perceived benefits. And music on a physical medium that we can touch, feel, see and experience (with superior sound quality) will have a place. Or think about it like a t-shirt. You can get a blank one for a dollar at the thrift store, but I will gladly fork over $10 for one to help a touring band out, and other people will pay hundreds for a fancy designer shirt that basically performs the same function.

The other side of the coin is “Why buy the cow when you can get the milk for free?” I think downloading is really lazy for the most part. I am very nostalgic for the days when I would save up my allowance and go ride my bike down to the record store to buy that old Black Flag tape. Back then, you had to have a certain level of commitment to the record before you even bought it. And sometimes you gambled and lost (Fine Young Cannibals). I think a lot of people put downloading to good use as a tool to try before they buy and help make better decisions with their money, and there is nothing wrong with that. But on the other hand, I’m sure most folks are totally OK with being cheap and lazy, and there really isn’t any way to stop that from happening.

Record labels as we know them (including mine) are most likely headed towards the same fate as the ice wagon. The wolves of obsolescence are howling at the door. It's sad, and folks tend to balk at change, but it's a fact of life, nature, evolution. They are dinosaurs. The distribution channels are inefficient, the pricing strategy is unfair on both ends, and the whole system is all fucked up and bloated. The whole methodology is being shaken to its foundations, and honestly what I see happening is that the whole industry is going to have to shift from product based to a service based approach.

OK so this is where it gets interesting. What new problems and opportunities arise as music itself comes full circle, and returns to a primarily intangible state of being, as something that simply exists out there in the world without being doled out to us on a $18.99 platter?

Well, first of all, there is an opportunity to make the physical medium something that stands on its own two feet, as a piece of art, or a novelty or whatever, so that when folks buy a record, sure it’s about the music, but the thing itself will have to be something special and collectible enough to warrant the price tag. That is the only way I see the product aspect surviving, but then that’s only going to be a piece of the pie, that, on par with t-shirts, stickers, and posters or whatever.

But what else now? Will the label simply be an irrelevant useless middleman mucking up the stream? If music is free and out there for the fun of everyone, then what’s the point? Well, the internet is absolutely mind-boggling. It’s literally an open door to the entire world. At least as far as information and entertainment is concerned, anything and everything is just a few keystrokes away. Honestly, its way too much for anyone to handle. So, as is human nature, folks are going to find or create their own comfort zones, and really, we’re all panning for gold, trying to find that tiny nugget of value among so much clutter.

At this moment, the record company ceases to be about records, and becomes a signifier for people to follow, a true label, just like the good housekeeping seal of approval. “Hey, we like this band, and we will put our mark of quality up there.” But then also, it will be a sponsor, and help these guys with advertising, marketing, and exposure. It can act as the nexus point for a network between artists and fans. And then, by association, a label helps the audience filter through all the junk out there to find something special, hopefully. And so therefore the focus shifts to that of a service. As the doors are being opened, it can be the label’s job to throw out the welcome mat.

Obviously, this more intimate business model won’t really work for a giganto corporate media conglomerate, that’ll just as soon sell you a CD as it’ll sell you a tube of toothpaste. The concept of the poochy faced pop star being blasted into everyone’s ear via ClearChannel and selling ten million records are gone. People are way to savvy to follow that line these days, one can hope. This is built for the niche markets, the places in our economy where people still have passion, integrity and ideals. The initiative is to create self-sustaining pockets of interest, where all sides work together, share a common philosophy, and are focused on the same goal. That way, everyone has a vested interest in what happens, and we can all share the reward. The fans will have music that they truly care about, the artist will have a devoted audience, and the label will be there, as a service provider, to keep the system together and keep the pathways open.

Hello

Well look at me, I have started a blog.

Question #1: Why?

Well, here's the deal. I co-own a record label called Sick Room Records, LTD and I have born witness to a lot of turmoil, recently, in the business. Rather than just sit back and watch, I have decided to do some research, read up on a few topics, and basically try to figure out a place for myself in this crazy mixed up world of culture, trends, media, new economies, etc. So, this, I hope is going to be a way for me to document my process of discovery, and share my opinions, views and thoughts.

Also, in my forays onto the internet, I sometimes stumble across some interesting news or tidbits of web junk that I would like to share from time to time, maybe even a band or two...

Question #2: So then this is just a promotional deal for some mediocre indie label?

Not at all. I mean, I really like doing the label, and for all practical purposes it rules my life. so, some content about what we are doing as a business is probably going to slip in every once in a while. I love my bands, and I think they are great, so why not let people know about them? With that said, though The Circular Ruin is going to be an independent entity, with its own purpose.

Question #3: So you think you're smart?

Hell no. I'm not an academic, a social critic, a pundit, or an expert on anything at all really. I am just trying to figure my own head out. As I read and think about stuff, then maybe, hopefully, I might be able to pass on an insight or two. So if some MA candidate wants to spew out all her critical theory all over me and pop all of my balloons then whatever. I am not claiming any authority...

So yeah my intention is just to collect some news and commentary that all loosely revolve around a theme. Hopefully other people will find it interesting.