Prager: Download for free strategy only works for big bands
Nancy Prager, a copyright lawyer and writer whose articles I am a frequent reader of, has had some great commentary on the Radiohead “controversy” in the past couple of weeks (as well as the emerging “controversy” regarding Reznor and Saul Williams).
Prager’s conclusion on the whole thing:
“While In Rainbows may be a musical work for the ages, it wouldbe inappropriate to use Radiohead as the poster child of bands pursuingalternative paths if its journey leads them back to the major labels.”
I believe her to be correct. Free music downloads are a friggin’ great way for musicians to start building an audience. I’ve done it myself for most of this year. By the time I’d published the third tuneback, I was building buzz and had a few major publications, such as the Sydney Morning Herald, interviewing me and even releasing my songs on their site.
That’s not bad growth for three hours work (the tuneback concept imposes a rule of one hour spent writing and recording a song).
But building a career? You can’t do that by releasing free music forever, and in an age where - as Nancy says - some don’t even want to pay $1 to obtain the album and go over to the file sharing sites, you might want to wait until the ass-end of your career before you start giving fans entire albums for free.
Radiohead can afford to do this. They are sitting on more money than George W. Bush is sitting on stupidity. But if you are reading that, chances are you’re not sitting on that much cash. If you are, my email address can be found in the right sidebar (I have a bad case of starving artist syndrome). If you don’t charge for independently released albums you won’t be able to make any income from your songs. On the other hand, the tuneback is a minimal time and effort investment for building audience. There’s a balance when it comes to freebies.
The scary part is that Radiohead and Saul Williams are setting a dangerous precedent. Pubs already pay insulting rates to bands because they know they can get a cover band in for free. The problem of piracy has begun to plague album sales in the same way. This can only make it worse.
Or maybe, NDK was right when he proposed that Radiohead were really asking their fans: given the opportunity to steal from us, will you?
Tags: radiohead, in rainbows, saul williams, trent reznor, free music
November 5th, 2007 at 7:17 am
[...] It’s important that musicians know their copyrights, especially when dealing with the industry. Knowing things like this allows artists, with the help of an able intellectual property lawyer, to negotiate with businesses so that the artist in question doesn’t sign a slave labor contract and both parties end up with an equitable deal; this allows artists to do what they like within the realm of that equity, even if the industry doesn’t like it (just because it’s fair, doesn’t mean they will). [...]