[University of Michigan, 2006]
Dearest Madonna:
As
a fan of your music, I recently tried to download one of your songs,
“Intervention,” from a file-sharing program.
When I opened up the file, however, your voice blared through my
computer speakers, saying, “What the fuck
do you think you’re doing?” Obviously,
all I was trying to do was listen to your music. But because I downloaded your song for free
instead of paying $20 for the whole CD, you insisted on cursing at me. Many of your other fans have had similar
experiences when trying to listen to your music, and many, I’m afraid, may have
been offended by your angry outburst.
I see what you’ve done.
You’ve released fake tracks from your album American Life onto file-sharing networks to get people to buy the
CD instead of downloading it. Well, it won’t work. File-sharing isn’t wrong, and your attempts
to thwart it are little more than futile.
Here’s why: hundreds of millions
of people download music, including yours, illegally on file-sharing
networks. Furthermore, these people
aren’t being punished for it, giving them no incentive to stop. The purpose of music is for human
consumption, and file-sharing promotes the distribution of music
worldwide. Some of your musical
colleagues agree that file-sharing isn’t wrong, it may be increasing your fan
base, and any money that you may lose in CD sales due to file-sharing can
easily be made up in concerts.
In
case you aren’t aware of how file-sharing works, allow me to briefly explain
the process. Programs such as KazaA,
Limewire, Bearshare, and Morpheus allow users to download music files from
other users at no cost. “Peer to Peer
Networking” (P2P) is a
system that gives all
computers in a specific network the ability to share their files with other
computers in the network. Users can also
search other users’ computers to find exactly what they are looking for. Millions of people all over the world are
connected to P2P technology, making it possible for any individual with an
Internet connection to download virtually any music file free of charge. All it takes is one CD- one purchase- and all
of the tracks on that CD are potentially available to millions of people at no
cost.
Intellectual property theft, you say. I created
that music, I sang that song, and I worked long hard hours in the
recording studio to produce that CD. I
hear you, I really do. But think about
it. Your
music is now being heard by millions of people that otherwise might not
have heard it! You should be thrilled that your music is now reaching so many
more people—and you don’t have to do a single thing. Just sit back and let the file-sharing
network take care of all of your marketing needs. You now don’t need as many commercials,
advertisements, or products with your name stamped all over them.
Music
is obviously a major part of your life.
But don’t forget that it’s a huge part of a lot of people’s lives. From the
moment people wake up to a radio alarm clock, music is constantly around
them. It’s in the car, in a restaurant
or waiting room, on television and movies, in elevators, at a friends house,
and on websites. There’s no denying that
music is everywhere. It’s created for a
variety of reasons; some compose to express their own feelings, while others
attempt to create works that can relate to others. Music can tell a story, worship a god, or
praise a team to victory. Music is
created to move, to inspire, to entertain, and to communicate. But music is generally created for others to
enjoy, for human consumption. Everyone should have the right to enjoy
music, and file-sharing gives everyone that opportunity, whether they can
afford to buy your CD or not.
Jason
Mraz understands. He says that half of
the fans that pay to see him in concert heard about him through file-sharing
downloads. His song “The Remedy” reached
#1 on the top hits chart in 2004. That’s
a lot of fans.
Think
back to when you were just starting off as a musician, or to a musician you
know that’s trying to “make it big.”
File-sharing may accelerate music careers in more ways that you could
ever imagine. Bands or artists that have
yet to be discovered are anxious to have as many people listen to their music
as possible, and file-sharing provides a perfect opportunity to do just
that. Songs exposed on file-sharing
networks give listeners the opportunity to get a sample of the artist and a
feel for his or her style. Listeners may
even discuss the band or artist in a file-sharing chat room.
Say
I had been able to download the real version
of “Intervention.” I may have fallen in love with the song and
immediately bought the CD. While some
may download all the songs on your CD from a file-sharing network, it is just
as likely that others don’t want to spend time looking up track listings,
downloading each song individually, compiling the songs on a play list, and
burning them to a blank CD. Some people
still value the real thing: “File
sharing can actually prime the pump for sales," says
Michael Goodman, senior music analyst with Forrester Research (Avery) .
On
top of boosting CD sales, file-sharing may inspire listeners to go see you in
concert. This year some of your fans
paid up to $300 to see you in concert (LaFranco). And it wouldn’t surprise me to discover that
many of your fans first heard your music from a file-sharing network. And while most artists earn around 56% of
their concert revenue, you demand 95% (LaFranco). Therefore, each fan you earn through
file-sharing networks is another potential $285 in your pocket.
Speaking
of money in your pocket, let me remind you that in 2004 alone, you earned 54.9 million dollars (LaFranco). Eminem and Dr. Dre brought in thirty-five
million, and the Dixie Chicks made twenty-two million (Forbes). Even if file-sharing has had a slightly negative impact on CD sales, a fact which is yet
to be proven, is it really affecting the day-to-day lifestyles of today’s popular
artists? Of course not. By the looks of MTV Cribs, popular artists
have plenty of money to spend as they please, and at the same time have the
opportunity to bring in millions of dollars more for each concert
performed. Any slight change in CD sales
must surely seem mere pennies for the likes of musicians like you.
60
million people in the United States
alone participate in the act of file-sharing (Schultz). Of those 60 million, about 59,980,000 get
away with it. Programs such as KazaA and
Limewire continue to exist because unlike Napster, they distribute files to
supernodes, the users’ own computers.
Supernodes communicate directly with other supernodes without the
central directory that the original Napster used, making it impossible for file-sharing
to be regulated. And while file-sharing
programs encourage their users not to share copyrighted material, they have no
control over the content of the files shared.
This makes it hard for the music industry to take legal action against
these services.
But
the law is the law, and because most file-sharing is considered copyright
infringement, you have every right to sue each and every person that illegally
downloads your music. In fact, the
Record Industry Association of America sued over 20,000 file-sharers in the
course of three years, settling lawsuits of a few thousand dollars to each
file-sharer. But why bother? While the
RIAA has done everything in its power to put an end to file-sharing, forcing
Napster and Grokster to adhere to copyright laws in 2000, the file-sharing community is growing
at an astounding rate. KazaA alone
claimed hundreds of millions of downloaded files in its first two years
alone. Nobody is going to stop
downloading music because
you don’t want them to or because .03% of file-sharers have been sued.
60
million people in the United States
alone participate in the act of file-sharing.
Even if programs such as Limewire or KazaA are somehow eliminated, music lovers aren’t going to give up that
easily. The CD burner will continue to
allow the burning and copying of CDs without any compensation to you. People will always find other means of
sharing music with one another, such as AOL Instant Messenger, which allows people
to directly connect with each other and send files. Because of the rapid rate at which people
find and consume music, there is no point in eliminating file-sharing networks.
Music is the universal language, and as long as music is produced, people will
continue to share it with one another.
Works Cited
“The Celebrity 100.” Forbes Magazine. 19 June 2003
Avery, Simon. “Eminem CD No. 1
despite file sharing.” The Daily Camera.
2002.
Associated Press. 21 May
2002
LaFranco, Robert. “Money Makers:
From Prince to Beyonce, our annual list of music’s
top fifty earners.” Rolling
Stone Magazine. 2006. 10 Feb 2005
Schultz, Jason. “File sharing must be made legal.” Electronic
Frontier Foundation. 12 Sep
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