
Music runs through
America’s soul and makes us who we are — as individuals, as communities, as a
nation.
It fuels all the other
creative arts, as I have learned working on music-infused films such as “O
Brother, Where Art Thou?” and television shows such as “True Detective.”
And it has driven the
incredible boom in digital media that seems destined to define our age. Facts
don’t lie — musical artists blanket the lists of “top most followed” on
Facebook and Twitter, and “always-with-us” access to music is a big part of why
smartphones and mobile broadband are the fastest-spreading technologies in
human history.
But this brave new
digital world has a dark side, too — and it is the responsibility of everyone
who loves and cares about music to acknowledge and deal with this uncomfortable
truth.
Too much of the
emotional, cultural and economic value that music creates is simply lost now,
slipping through the digital cracks in some cases, outright hijacked by bad
actors and online parasites in others.
Artists, fans and
responsible music and technology businesses alike all know this. When my friend
Taylor Swift spoke up for the value of our work and the righteous claim of all
artists to be paid for what they do, she was celebrated and applauded — not
just by her colleagues, but also by teenagers who care about the people who
create the music that means something to them and businesses such as Apple that
fundamentally want to do what’s right.
How bad is the problem?
Consider this: In 2014, sales from vinyl records made more than all of the
ad-supported on-demand streams on services such as YouTube. I’m not running
down vinyl — it is still the best-sounding, most durable medium we have for
listening to music, by far. But why should a technology most people consider
outdated generate more revenue than an Internet service with more than 100
million American users? That’s just wrong.
Just two decades ago, a
music superstar was born when her record went gold, selling 500,000 units.
Today, experts say it takes 100 million streams to match that kind of success.
Even the most relentless year-round touring schedule or advertising licensing
deals can’t match the income that a hit record once produced.
For small and
up-and-coming artists, the income collapse has been even more severe; copies of
one-penny royalty checks are rampant on the Internet. These artists are
struggling American small businesses, and the deck is stacked against them.
So what’s causing this
gap between the value artists create and the price today’s world puts on their
work?
Part of it is that the
legal mess of U.S. copyright law has anchored royalties for music creators far
below fair market value. In some cases, such as satellite radio, the law
actually says they can pay below-market rates for music. In others, such as
AM/FM radio, it’s even more absurd — when music is played on traditional radio,
artists and their labels get paid nothing at all (songwriters receive AM/FM
royalties, but no one else does), even though corporate radio chains earn
billions selling ads around our work. That’s a legally sanctioned slap in the
face to everyone who ever picked up an instrument or sang into a microphone. It
is a corrosive economic dust bowl in which giant corporations grow rich on
others’ work while music creators try to survive on scraps.
But the problem runs
even deeper than that. In the digital marketplace, everyone seems to have found
a way to make a living off of music except the creators who actually record the
songs. Websites put up illegal copies of music — or turn a blind eye while
others do — then sell ads micro-targeted at everyone who comes to listen.
Eventually, a site may be forced to pull down the unlicensed (and for the
artists and labels, completely unpaid) copy, but in the meantime, its owners
have cashed in.
For more legitimate
sites, creators are pressured to accept a Hobson’s choice between licensing
their music at desperately low royalty rates or wading into the legal quicksand
and sending thousands or millions of “takedown” notices under a broken and
antiquated law called the Digital Millennium Copyright Act.
Fortunately, creators
have begun to band together and speak out — the roster of those demanding
reform is a who’s who of the music business, from Elvis Costello to Annie
Lennox, from REM to Chuck D, and hundreds more. Congress is reviewing the
copyright laws, and this time, we will be heard, and there will be no more
backroom deals or giveaways. Powerful new legislation called the Fair Play Fair
Pay Act is being championed by leaders in both parties who care about music and
the people who make it. That would be a vital step forward — a milestone of
progress in a debate that has been running in Congress since Frank Sinatra
lobbied Paul McCartney, Ella Fitzgerald, Bruce Springsteen and others to join
him in fighting for a radio performance right nearly 30 years ago.
By T Bone Burnett
December 18 at 6:00 AM
T Bone Burnett is an
award-winning singer, songwriter and producer, whose numerous recognitions
include 13 Grammy awards, an Oscar and a Golden Globe. He is a member of the
Content Creators Coalition’s Advisory Board.
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