Should I be worried about piracy?
I would discourage worrying of any kind as a general principle. Worrying is a fear that something bad might happen — a negative emotional state with no external cause in reality. So on that basis, no — I wouldn’t worry about piracy.
I’d also suggest that piracy is not something that tends to happen on the scale that the mainstream media seems to suggest. Unauthorised duplication goes on, but not piracy. The idea that these two things are the same is one that major record labels tend to be quite fond of, but it bears no resemblance to either external reality, or what words actually mean.
Let me outline what I see as the differences between those two things.
Unauthorised copying is the practice of making duplicates of recorded music, usually for personal and social advantage — and most typically for reasons of convenience.
If my friend has a CD copy of a U2 record that I don’t own (for instance) and I put it in my computer and instruct my iTunes software to import that music, then that’s an unauthorised copy.
If I email a track from that album to a friend of mine, that’s another unauthorised copy. If I burn a CD from my iTunes playlist so I can listen to that album in my car, there’s another unauthorised copy.
If I then put that U2 record into my shared folder in Limewire so that my fellow peers online can download it, that’s unauthorised copying (but only if they actually download it — at present, ‘making available’ is not considered ‘distribution’).
If I scan the artwork, set up a mass CD replication production process, manufacture cheap copies of the CD and then distribute and sell the album for financial gain, then that’s piracy. Which is bad and wrong.
Now, simple economics would suggest that if I was going to invest capital in a mass replication process, then it would be U2 and their like that I would want to be mass replicating. The value of the hit, to the actual pirate, is much greater than the value of the non-hit.
So the short answer to the question about whether you should even give piracy a second thought is: Are you U2?
But that’s a flippant response and the question deserves more serious consideration. When asking ‘Should I be worried about piracy?’ the real underlying question is about whether there is a significant potential loss of income as a result of unauthorised copying. And here we’re talking about what’s generally referred to as the ‘Lost Sale’.
The Lost Sale is the idea that because someone came into possession of a track of yours as an mp3, then that is one less copy that will now be sold, thereby depriving you of your rightful income. From the artist and label perspective, it’s the sense of indignation that “all of these people now have my music - and they didn’t give me any money for it. I worked hard and invested all this money, and they’re just stealing it from me…”
It’s an understandable emotion. But it’s not a helpful approach - for three reasons:
1) Copying, as I’ve mentioned before, just happens online. You can’t legislate against it, prevent it by technical means nor force people to behave in ways that you would like them to. If you’re going to make recorded music, you have to be aware that you live in a world where this is what goes on. Refusing to accept that on principled grounds will only lead to stress and illness, and the unhelpful belief that every music consumer is a criminal.
2) The fluidity with which your music can pass from hand to hand is not an impediment to your success, but a technological advantage that you can leverage to your own ends. The overwhelming cry from the independent musician twenty years ago was ‘How can I just get my music out there?’ Problem solved. Now what are you going to do?
3) There are several phases to music that I characterise as Composition, Production, Distribution, Promotion and Consumption. All of those links in the chain are very important. I would suggest that if a technology is not cutting it for you in one part of the chain, it’s sensible to move it to another part of that same chain. That is to say, if you want mp3s to be the way that you profitably distribute music but the results are unsatisfying because of unauthorised copying, then redeploy mp3s to be the way that you profitably promote your music instead.
Now, of course, this raises more questions than it answers — and of course, things are far more complicated than I’ve laid out here — but as a general principle, it’s worth considering that rather than fret about unauthorised copying and expend time and energy in the fruitless task of preventing people from engaging in it, that time and energy can be better spent elsewhere.
And here are three more things to consider:
1) People who share your music are recommending you to people who respect their taste and opinion;
2) The vast majority of people who have unauthorised copies of your music would not have ordinarily paid for it anyway;
3) Do you really want for people who cannot afford your music to be prevented from ever hearing it?
The single most effective way to stop people from copying your music is to stop making music. If that’s not an option (and why would it be?) then accepting that this is the world in which we live is a good start towards successfully negotiating the new media environment.
Table of contents for Questions
- 100 Questions
- What’s going on?
- Can I avoid the internet and just stick to what I know?
- Should I be worried about piracy?
- How can I sell my music online?
- How do I even start?
- Do I really have to blog?
- Can independent record stores survive?
- Are CDs dead?
- How do I find time for the internet?
- Is MySpace over?
- So what should be on my MySpace page?
- How can you sell mp3s at gigs?
- Is ‘pay to play’ ever a good idea?
- What should the price of recorded music be?
- What websites should I be on? (Part 1)
- What websites should I be on? (Part 2)
- How long should song samples be?
- What websites should I be on? (part 3)
- How can I keep coming up with ideas for my blog?
- How long should music copyright be?
- Should I use auto-friend-adders?
- What’s the loudness war?
- Is the Long Tail good for musicians?
- How can I put my gigs online?
- Is the album dead?
- What file size and type?
- Can the internet help improve my playing?
- What’s the best way to manage a fan list?
- How can I sell mp3s from my website?
- So what’s with all the silence?
- How many social media platforms?!!!
- Should I do something about metadata?
- How can I get a music video?
- Demo on CD or mp3?
- What should I do with all these tapes?
- But if they steal it - how can I make money?
- Can I still be enigmatic?
- Here’s a question nobody ever asks
- Who’s doing this stuff well?
- Has music been devalued?
- Is audio fidelity important?
- Is localism important?
- What’s a Netlabel?
- When should I put my music online?
- What do you mean by web-presence?
- Is Cloud Computing the Future of Music?
- Why give music away for free?
41 Comments. Write a comment or link to this post
Peter Blue
Worry is no help. In no case. Worry gets you exactly there where you don’t want to be.
And I agree that file sharing is a reality. It was even in 1969, when we copied vinyl on our reel to reel tape machines.
The process can’t be reversed.
It looks right now, that at the same time a track is available for free or for a fee. Even at different prices if you look at the various download services.
Out of curiosity checked if our music was on mp3gle. Couldn`t find it. But of course the big names. So it doesn’t hurt me anyway.
Your definition of piracy is absolutely correct.
But what do you think of this: I have a few teenage guitar students who tell me what’s going on in their scene. They told me that there are some kids in their class that have a huge collection of tracks on their pc. They burn and sell cds and compilations.
No big financial damage. But would you call this piracy?
Apr 3rd, 2008
Andy Derrick
Cheers Dubber. That is probably one of the best articulated arguments against DRM I have read. Of course, if no-one wants to download it for free either you don’t have product, just a lot of 0’s and 1’s.
Apr 3rd, 2008
Daniel Holter
Great article, Andrew. I agree with you (and quote you) in a post at my site :
http://www.danielholter.com/2008/04/pirates-schmirates/
Beginning artists and bands should be so fortunate to grow to a scale where piracy actually affects their bottom line…. they’d be well advised to embrace all forms of getting their music heard when they’re just starting out, building their brand. Spot on, mate. Spot on.
Apr 3rd, 2008
TJR
>>>QUOTE>>>>>>>>
RE: Peter Blue
I have a few teenage guitar students who tell me what’s going on in their scene. They told me that there are some kids in their class that have a huge collection of tracks on their pc. They burn and sell cds and compilations.
No big financial damage. But would you call this piracy?
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Well yeah, if these kids are selling the stuff, then yes it is piracy.
Apr 3rd, 2008
TJR
I used to be one of those types that WORRIED about people stealing the music that I posted online for streaming….Then I discovered that if I posted it for free that no one would steal it LOL.
Seriously though, the comment: The overwhelming cry from the independent musician twenty years ago was ‘How can I just get my music out there?’ Problem solved. Now what are you going to do?
Pretty much sums it up.
The answer for me, is turn people into fans who WANT to buy your music.
I don’t really worry about unauthorized copying anymore, but that does not mean that I endorse it.
I believe that if you like the music that you have in your player, computer etc, that you should pay for it if you haven’t already.
I have never bought into the “Well I wasn’t going to pay for this anyway” line of reasoning.
“I was never going to pay for this car, so I should be allowed to take it”.
This is a perception problem though, that people have regarding music and the artists that record it.
I know that I cannot change societys perception as a whole (That is a massive effort that is beyond my means) but I can (and have) changed the perceptions of individuals.
One thing that doesn’t get mentioned in these conversations, is songwriters who are not performers, or the recording artist. They get hurt the most from unauthorized copying.
Apr 3rd, 2008
Jim Offerman
Excellent post. Sums up perfectly why I’ve decided that the music on my website should now be free - downloads as promotion, not lost sales.
Apr 4th, 2008
Howlin' Hobbit
Given the level that the majority of musicians out there (including myself) are at, we shouldn’t be worried about piracy, we should be worried about obscurity.
Apr 4th, 2008
Milton
A. Dubber: “The fluidity with which your music can pass from hand to hand is not an impediment to your success, but a technological advantage that you can leverage to your own ends. The overwhelming cry from the independent musician twenty years ago was ‘How can I just get my music out there?’ Problem solved. Now what are you going to do?”
B R I L L I A N T !!!
Apr 4th, 2008
Krzysztof Wiszniewski
I wrote an extended comment, but decided not to bother - my arguments would probably have been misunderstood anyway.
I will ask a question however, Andrew: How am I supposed to make money making music if I cannot sell it?
Apr 8th, 2008
Milton
…it is almost like the only reason some folks come around here is to disagree…From what I can tell it could be from a severe case of “tunnel vision” that this is happening.
I think a healthy debate can really bring about positive changes but I do not think knit picking selective details and harping on their contradictions to your own vision is helpful at all.
If selling audio recordings is the solitary goal (it can’t be, right?), then I can understand the perceived problem. Otherwise, I would try reading the entire posts from time to time.
Apr 9th, 2008
Jorge
Each year I’m invited to give a University lecture on Music and New Technologies. It’s amazing how you’ve put together almost everything that I talk about, in short form!
In fact, it’s a bit scary: the “three more things to consider” actually have the same words that I use! (except my lecture is in Spanish
)
Apr 9th, 2008
Steven Cravis
Andrew, this is such a great article. My favorite part is the underlying message of ‘why worry?’ since it doesn’t do anything positive, and everything is going to follow it’s course anyway.
Surrendering to that is an empowering thing. Thank you for the article.
-Steven
http://www.stevencravis.com
http://ageless.myzrii.com
Apr 11th, 2008
Matthew Bentley
Let’s tackle this one issue at a time, shall we, and make it blatantly clear why this is one man’s opinion, and not a well thought-out diatribe:
” 1) Copying, as I’ve mentioned before, just happens online. You can’t legislate against it, prevent it by technical means nor force people to behave in ways that you would like them to. If you’re going to make recorded music, you have to be aware that you live in a world where this is what goes on. Refusing to accept that on principled grounds will only lead to stress and illness, and the unhelpful belief that every music consumer is a criminal.”
Rubbish. Not every music consumer is an unprincipled menace. Not every music consumer gives a crap about other people. Treating consumers like they’re special people is ludicrous. They’re the same people that make up big corporations, small companies and universities.
They gravitate towards free and easy. Remove free, and they will go towards easy.
” 2) The fluidity with which your music can pass from hand to hand is not an impediment to your success, but a technological advantage that you can leverage to your own ends. The overwhelming cry from the independent musician twenty years ago was ‘How can I just get my music out there?’ Problem solved. Now what are you going to do?”
That’s not a critical approach. The abilities that technology give us DO NOT necessarily go hand-in-hand with the ability to rob musicians of their livelihood. However, making it “free” to download U2 means that your band, who’s giving away their stuff for cheap or free, doesn’t have a hope in hell.
” 3) There are several phases to music that I characterise as Composition, Production, Distribution, Promotion and Consumption. All of those links in the chain are very important. I would suggest that if a technology is not cutting it for you in one part of the chain, it’s sensible to move it to another part of that same chain. That is to say, if you want mp3s to be the way that you profitably distribute music but the results are unsatisfying because of unauthorised copying, then redeploy mp3s to be the way that you profitably promote your music instead.”
All very well unless you happen to be in a form of music which doesn’t lend itself to anything but playback in one form - which, by the way, is most forms of music.
“Now, of course, this raises more questions than it answers  and of course, things are far more complicated than I’ve laid out here  but as a general principle, it’s worth considering that rather than fret about unauthorised copying and expend time and energy in the fruitless task of preventing people from engaging in it, that time and energy can be better spent elsewhere.”
Your ‘everything is positive and fighting against it is futile because I don’t know how to prevent it’ is a bit like saying ‘the world is crap, but, you know, just whistle. You shouldn’t try to change it’.
There’s nothing more pathetic than cowardice.
And embracing change does not equate to supporting piracy.
The facts are:
Piracy is preventable, at an ISP level, and has in fact been implemented that way in many countries, with success.
There are certain levels of piracy that are never preventable, such as sneaker-nets, however none of these are as pervasive or devastating as P2P, which combines ease-of-use with a social acceptability of ’sticking it to the man’, whoever that is.
Piracy of any media, or software, is wrong, comes down to the individual’s code of ethics, and is preventable on a large scale. The willingness to fight against something is not idiocy, or an inability to change. It’s an inability to support what is obviously and poignantly bad.
” 1) People who share your music are recommending you to people who respect their taste and opinion;”
Why should they share your music when they can download U2?
Why should they pay you if they already have your music?
” 2) The vast majority of people who have unauthorised copies of your music would not have ordinarily paid for it anyway;”
Untrue. Of the people I know, most would’ve paid for it if downloading it had not been so much easier and free.
” 3) Do you really want for people who cannot afford your music to be prevented from ever hearing it?”
Does it matter?
Do you want people to value your music and your effort so little that they will never pay for it? Consumers are already media-spoilt and childishly fickle and unappreciative of the effort that goes into making music. Do you really care what they think?
Music appreciation is one thing. But if someone pays for something, they do appreciate it more - for one, they have an incentive to do so - they paid for it. Also, we live in a society where money is equated largely with value - when music becomes free - as it has - it becomes valueless in the majority of people’s minds.
And people who recommend and support piracy, do not work with music as a living. They work with something else to support themselves. And even if it’s related to music - it ain’t music.
Matt
Apr 22nd, 2008
Dubber
“Treating consumers like they’re special people is ludicrous.”
Thanks, Matthew. That’s one of the funniest lines I’ve read in ages.
Apr 23rd, 2008
Milton
I want most to make the music, then I want most for people to enjoy the music, next I want most to expose my music to as many people as I can.
I think after that I would gladly take peoples money for the music I make (hell, even before that point I would still accept money…who am I kidding?)
My point is that “selling” my music is important to me but I do not bet my livelyhood on it. Most important is enjoying making the music and everything must fall into place after that.
http://www.musicthinktank.com/blog/whats-really-keeping-you-from-where-you-need-to-be-its-not-p.html#comments
That is a link to another article and comments concerning “piracy”.
Good stuff.
Apr 24th, 2008
Blake
“Krzysztof Wiszniewski
I wrote an extended comment, but decided not to bother - my arguments would probably have been misunderstood anyway.
I will ask a question however, Andrew: How am I supposed to make money making music if I cannot sell it?”
To answer this question: write good songs, record them well and find someone to license them.. be it film, tv, ad or videogame.. This IS the one surefire way that music will always be sold.. Licensing!
I loved this article and will be quoting it at blakegriffith.blogspot.com
..my blog about DIY music and my publishing/record co.
Apr 24th, 2008
German Fafian
Very well explained and reflecting my views and the views of many Professional artists I have met.
Downloads are a way to promote you and your music. It might not be suitable for everyone, but it works for most of us independent musicians/composers.
Apr 29th, 2008
seriousfun
Thank you! This is one of the clearest explainations of the current situation I have read.
Piracy is indeed the wrong word - and theft is the wrong word. Infringement is not the same as physical theft, but this is not to say that it is no less a crime. The exclusive Right to Copy owned by the creative artist is one of the few rights enumerated in the US Constitution, and the US Congress has the duty to write law to support this.
Matt - your comments are obviously based on something other than an understanding of the law, technology, and human nature. I would like to know what successful anti-piracy methods have been implemented in which countries - this would be big news if it was true.
I happen to earn my living from music. I know that the creation of music won’t stop, and the consumption of music won’t stop. Our nature hasn’t changed, but our method of distribution has, and our music industry hasn’t caught, in fact has defied, the current method of distribution. Labeling kids as pirates and theives will only divert us from building new, appropriate revenue streams to creative artists.
Apr 30th, 2008
Enda Reilly
Great article. I’m allowing people to hear my music for free on my site with the option of buying the CD or downloads. I do want to embrace not worrying about copying etc, but I’d like to think my music is good enough that people will buy it at some stage after they hear it. (We’ll see over the next year I suppose)
This is not a point about piracy but imortant to think about.
Re: “There are several phases to music that I characterise as Composition, Production, Distribution, Promotion and Consumption”.
From my reading of George Howard’s books and his online stuff at artistshousemusic.com he seems to strongly believe that marketing and promotion come before Distribution in the above chain of phases and although it seems counter-intuitive I think he’s right.
May 13th, 2008
Dubber
@Enda - I think George is right, but I’d go a step further. The way I usually describe it, promotion goes over the whole chain - before, during and after every other part of the process. You don’t wait till you’ve distributed before you start marketing - but you don’t stop marketing as soon as your records hit the shops (or wherever) either.
Every part of the transaction is marketing.
May 13th, 2008
Antoine
We should now all rely on this new French Super-Hero !
“Anti-téléchargement Man”, killer of illegal downloaders.
HTTP://WWW.MYSPACE.COM/VESTEBBR
Sep 20th, 2008
Ellen Tift
This is an interesting perspective and worth considering for me, since I’ve been so upset by finding complete strangers in far away places who have posted my entire album for free download. And by the time I track it down, it shows that my record has been downloaded TENS OF THOUSANDS OF TIMES. Seriously.
I gotta say, I have some issues with your perspective and I truly wonder if YOU have ever released a record. Have you? Have YOU ever spent your own money producing a record in the evenings after you’ve worked all day on the paying gigs, and finally got the kid to bed and you’re really tired? Have YOU spent 4 years staying on task, and investing thousands of your hard earned dollars producing your own record, in hopes to make some money with it and get yourself ahead in your career? Because I think if YOU ever did that, and then encountered dozens of instances where people have taken it upon themselves to give your entire record away for free to thousands and thousands and thousands of people, you might feel a little bit differently.
That’s not to say I completely disagree with your points. I think mp3s can be a splendid way of PROMOTING your music, however it should be at the discretion and control of the ARTIST. NOT complete strangers who have no intellectual stake in the work. I have made songs available for free on Last.fm etc. But it’s at MY choosing, which songs. I know you say that they need to hear/like/buy your music in that order, but once it’s downloaded, who needs to pay for it? That’s why people can hear my entire record for free through my STREAMING PLAYER on my website. They can even embed that player on their blog or whatever, and that’s great. They can listen to in an infinite number of times, but they will not be able to download it to their drive or iPod. This distinction is essential because they still might buy it then.
It does me absolutely NO good to have a million fans who have not paid one cent for my record. I have bills to pay and expenses in creating that music. How the hell are we supposed to make a living??
It’s the message you’re perpetuating that makes things way worse for us. Have YOU ever tried to make a living as a musician/artist? Because if you haven’t then you’re really stepping over the line in justifying free downloading, unless it’s at the artists discretion.
I must respond to the following points:
1) People who share your music are recommending you to people who respect their taste and opinion;”
Yeah… so THEY can download it for free. That does me NO GOOD. I need to pay my bills. It cost me huge amounts of time and my hard earned money to create this music. This is a business. For profit.
” 2) The vast majority of people who have unauthorised copies of your music would not have ordinarily paid for it anyway;”
Really? Is that a scientific fact? Have you asked them, or been looking over their shoulder? I think this is a gross assumption, based on a commonly held opinion, and it’s entirely irrelevant!!! It’s irrelevant. If they don’t want to pay, then they don’t need to have it. What other industry is expected to just hand it over without a fight? NONE! You are completely devaluing our work. If it’s worth nothing to you, then you don’t need to have it.
” 3) Do you really want for people who cannot afford your music to be prevented from ever hearing it?”
ARE YOU FREAKING KIDDING ME!? This is music, not life saving medicine. Anyone who owns a computer and has the technology to download music for free surely has the $.99 to pay for a measly download. “Can’t afford it” my ass.
I appreciate many of the things you have said, but your spreading this opinion to the public makes me as angry as finding my album posted for free download.
It should be at MY discretion and no one else’s.
Oct 24th, 2008
Chris Matule
” I know you say that they need to hear/like/buy your music in that order, but once it’s downloaded, who needs to pay for it? That’s why people can hear my entire record for free through my STREAMING PLAYER on my website. They can even embed that player on their blog or whatever, and that’s great. They can listen to in an infinite number of times, but they will not be able to download it to their drive or iPod. This distinction is essential because they still might buy it then.”
im sorry to break it to you but perhaps itll ease your mind or at least shape your thinking a little, if its streaming then someone can record it or grab the file. nothing is safe. but this was the same for vhs, blank tape, cdr etc.. in time all were used for both good and bad. you never had a mix cassette before?
Jan 18th, 2009
dani
I agree with U..anyway thanks for all info mp3..
by izoel
Feb 25th, 2009
john
I have been a pro-musician all of my adult life. It is getting harder to make money, no doubt. After 4 years of constant declines, I am choosing to give my career one more year while I wildly try every new thing, or I decide to hang it up. Whether I am in the business or not, one thing is certain: if a revenue model for recorded music does not emerge, the only music left will be music that can be translated to live performances, which will continue to increase in cost. I am not saying that is a bad thing, I’m just saying.
Mar 31st, 2009
Rich
This is a tough one. Dubber, you make some great points, but so does Ellen. Currently as an unknown artist I’m looking at taking the “high school drug dealer” approach. You know, the first one’s free, then hopefully you get ‘em hooked and you have a customer for life : )
Seriously I think there has to be some middle ground. You can’t stop file sharing, whether it’s streaming or not, if people want to “steal” your music, they will find a way. Seems like all this effort and energy spent trying to legislate a solution is just a waste of time. And Dubber is right that unknown artists for the first time have this awesome opportunity to spread their music worldwide without spending too much time and money to do it. We’d be crazy not to take advantage of that. So then the question remains, how do you make money? You may want to take a look at this article about cultivating 1000 true fans and changing expectations on what it means to “make it” in this business. I’m not saying this is the be all and end all solution, but I believe that kind of thinking is at least headed in the right direction.
Mar 31st, 2009
Rich
Oops forgot the article URL:
1000 True Fans:
http://www.kk.org/thetechnium/archives/2008/03/1000_true_fans.php
Mar 31st, 2009
Alex Cortes
I couldn’t agree more!!! Take things AS THEY ARE as point of departure… wishful thinking, and the ensuing let-downs, are not part of building success.
So what is the solution? Better information about distribution channels as they are, resourcefulness, and creativity. Selling copies of your CD (or whatever) is NOT the only way to make money from music.
just my 2 cents
Jun 26th, 2009
So... What do YOU think?