RIAA - are these 'our guys'?

[Jules]

Who We Are
Executive BiosRIAA MembersBecome A MemberRIAA Board of DirectorsThe Recording Industry Association of America (RIAA) is the trade group that represents the U.S. recording industry. Its mission is to foster a business and legal climate that supports and promotes our members' creative and financial vitality. Its members are the record companies that comprise the most vibrant national music industry in the world. RIAA members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States.
In support of this mission, the RIAA works to protect intellectual property rights worldwide and the First Amendment rights of artists; conducts consumer, industry and technical research; and monitors and reviews state and federal laws, regulations and policies. The RIAA® also certifies Gold®, Platinum®, Multi-Platinum™, and Diamond sales awards, as well as Los Premios De Oro y Platino™, an award celebrating Latin music sales.

[Jules]

Question - From a self promoting music artists point of view in the USA, is the RIAA 'our people' or are they "their people"?
(meaning the record companies)

Internationally, does an independent artist ever have anyone going into battle for them at a governmental level?

Does an independent artist WANT anyone going into battle for them at a governmental level?

Are the independent artists rights 'weak' due to lack of big business and commercial muscle power?

Does all the money of record labels actually 'buy' them anything of any real use on a legislative level? If so what? And will that always be out of reach for the independent artist or hold them back?

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?

[Derek Sivers]

Originally Posted by Jules

is the RIAA 'our people' or are they "their people"?

Clearly "their"! The RIAA is Warner Music, Sony, EMI, and BMG. That's it.
They use musicians to get sympathy in their lawsuits, then NEVER give any of their lawsuit-won money to the musicians.
They are clearly not on our side.

Originally Posted by Jules

Internationally, does an independent artist ever have anyone going into battle for them at a governmental level?

Future of Music Coalition (definitely for the musician)
The Home Page (indie labels, not musicians, but closer)
If anyone knows of others, I'd love to hear about them.

Originally Posted by Jules

Does an independent artist WANT anyone going into battle for them at a governmental level?

Musicians should have a voice in government, definitely. I think most governments only hear from the RIAA lobbyists, and think that the RIAA has musicians' interest in mind. But that couldn't be further from the truth. I really do like the work of Future of Music Coalition (I'm on the Board of Directors.)

Originally Posted by Jules

Are the independent artists rights 'weak' due to lack of big business and commercial muscle power?

Partially that, but also due to bad self-perception. Artists often thinking they have no power, not realizing they do.

Originally Posted by Jules

Does all the money of record labels actually 'buy' them anything of any real use on a legislative level? If so what? And will that always be out of reach for the independent artist or hold them back?

There's so so so so so so much to say about this that I have to just punt, and point you to the Future of Music website that has many articles, resources, and research about this subject : FMC | Articles

Originally Posted by Jules

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?

Independent artists waiting for a bus to take them somewhere (for someone else to do something for them) will be Waiting for Godot.

Independent artists who...

• realize the great value of their music
• know that lack-of-money can be a benefit
• find a creative angle
• do innovative things that the massive corporations can't afford to do
• and NEVER wait for someone else to make something happen for them

... will always do well.

[Jules]

Very interesting,

Actually I invited Jenny Toomey from Future of Music Coalition to join you all for this Q &A. I just discovered that I overlooked replying to a spam blocker email, so perhaps she will get in touch. Fingers crossed.

Thanks for your insight into this

[PeterTuneCore]

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