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PeterTuneCore · 16th November 2007

I have to start from a different place. Based on anecdotal information from working at TuneCore as well as A2IM (the counter part to the RIAA for indie labels) I would argue that over 90% of music creation of all legitimate sound recordings produced and sold in the United States happens from NON RIAA members, so the RIAA represents a very small part of those that create and legitimately sell music. I don't have hard stats to back this up--no one does, I don't think.

So are they "our people"? The RIAA states that it is "the trade group that represents the U.S. recording industry" Like any group with constituents, they represent the interests of their memebers, and individual artists tend not to be members of the RIAA. However, record labels make money from selling music, as do many artists, therefore, in some instances, artists might benefit from the efforts of the RIAA. In other case, they would not. It makes the "us vs. them" position pretty much impossible to discuss, at least without narrowing the perspective a whole lot.

Internationally there's MERLIN, which just elected a board this winter. It's an independent international rights negotiating organization, sadly without a website yet. They have things starting up, expect a presence from them next year. And sure, independent artists should want someong "going into battle for the" at a governmental level, because organizations representing the interests of others who will have a different agenda will be there lobbying. We need a voice!

EDIT: MERLIN is now up and running! Check them out here: <a href="http://www.merlinnetwork.org/home/">http://www.merlinnetwork.org/home/</a>

Back in the U.S., this ties into your question about independent artists rights being weak due to lack of "big business and commercial muscle power." Independents certainly lack a voice. Orin Hatch, Senator from Utah, is in charge of the digital millennium copyright act. Legislation is made around those that testify to congressional committees. The people that get in front of congress are usually presented via lobbyists, and lobbyists get hired by institutions exactly for this reason. A voice in there for "us" would be nice.

Here's one current example of what a voice like this can "buy": the fight over rates being set for non-terrestrial streaming (Sound Exchange) was the record labels battling for that money against the publishers. Other examples can be found in copyright law and work for hire agreements

Finally, you ask, "If money talks and BS walks, will the independent artist always be walking? Or is there a chance for them to be 'catching the bus' soon?"

Artists are always on the cutting edge, more nimble and more adaptive. With direct access to media outlets (YouTube, LastFM, MP3 Blogs) and the ability to record without a label, they are able to avoid the intermediate, so the laws being passed have less relevance, and that's only going to continue. Its the labels that are getting left behind trying trying to salvage an outdated system via legislation that can not be enforced.

--Peter
peter@tunecore.com

16th November 2007	#5
PeterTuneCore Peter Wells, SVP Operations, Customer Advocate - Tunecore Joined: Jan 2006 Posts: 91	I have to start from a different place. Based on anecdotal information from working at TuneCore as well as A2IM (the counter part to the RIAA for indie labels) I would argue that over 90% of music creation of all legitimate sound recordings produced and sold in the United States happens from NON RIAA members, so the RIAA represents a very small part of those that create and legitimately sell music. I don't have hard stats to back this up--no one does, I don't think. So are they "our people"? The RIAA states that it is "the trade group that represents the U.S. recording industry" Like any group with constituents, they represent the interests of their memebers, and individual artists tend not to be members of the RIAA. However, record labels make money from selling music, as do many artists, therefore, in some instances, artists might benefit from the efforts of the RIAA. In other case, they would not. It makes the "us vs. them" position pretty much impossible to discuss, at least without narrowing the perspective a whole lot. Internationally there's MERLIN, which just elected a board this winter. It's an independent international rights negotiating organization, sadly without a website yet. They have things starting up, expect a presence from them next year. And sure, independent artists should want someong "going into battle for the" at a governmental level, because organizations representing the interests of others who will have a different agenda will be there lobbying. We need a voice! EDIT: MERLIN is now up and running! Check them out here: <a href="http://www.merlinnetwork.org/home/">http://www.merlinnetwork.org/home/</a> Back in the U.S., this ties into your question about independent artists rights being weak due to lack of "big business and commercial muscle power." Independents certainly lack a voice. Orin Hatch, Senator from Utah, is in charge of the digital millennium copyright act. Legislation is made around those that testify to congressional committees. The people that get in front of congress are usually presented via lobbyists, and lobbyists get hired by institutions exactly for this reason. A voice in there for "us" would be nice. Here's one current example of what a voice like this can "buy": the fight over rates being set for non-terrestrial streaming (Sound Exchange) was the record labels battling for that money against the publishers. Other examples can be found in copyright law and work for hire agreements Finally, you ask, "If money talks and BS walks, will the independent artist always be walking? Or is there a chance for them to be 'catching the bus' soon?" Artists are always on the cutting edge, more nimble and more adaptive. With direct access to media outlets (YouTube, LastFM, MP3 Blogs) and the ability to record without a label, they are able to avoid the intermediate, so the laws being passed have less relevance, and that's only going to continue. Its the labels that are getting left behind trying trying to salvage an outdated system via legislation that can not be enforced. --Peter peter@tunecore.com Last edited by PeterTuneCore; 19th November 2007 at 09:48 PM.. Reason: MERLIN is up!