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My take on illegal downloads and piracy in general.

by cplaza on October 15th, 2010

Lately, I have seen a growing tendency, especially from new/young bands, to just post their work and give it for free or, at the most, putting a donation button. Some justify this by saying it is a way to protest against the state of affairs in the music industry. Others say that they are doing music for artistic or personal realization and they don’t do it for the money.

Had I ever formed part of a musical endeavor with some sort of commercial potential, I would not have the moral authority to say what I’m about to say, but luckily it is not the case. In all my years writing classical music, and now through Kotebel for quite some time, the driver has been the same as these younger or novel bands:  to create art.

The problem of piracy has to be examined from many angles and I do not attempt to cover them all here. I would like to concentrate on two:

-          The intrinsic value of a work of art

-          Sustainability of an artistic project

Intrinsic Value:

If we were to add the cost of all the materials and the hours plus all related expenses that Picasso incurred when painting “Garçon à la Pipe – Boy with a Pipe”, and compare it to the selling price it has today ($120 million), what would be the margin of this “commercial” transaction? Would anyone in his right mind be willing to pay millions when the cost, even assuming outrageous hourly rates for Mr. Picasso, would probably not even reach $ 10.000?

If you believe there is value in the work that you have created, why give it away for free?

Sustainability:

People that listen illegally to music don’t seem to be aware of how much it costs to launch an album on the street. If you start to count from the moment you sit down in front of a blank piece of paper, and start adding hours and expenses related to composition, arrangements, rehearsals, recordings, mastering, manufacturing, distribution and promotion (yes, we do all this ourselves in Kotebel) the price tag goes up to several thousand euros. After 10 years, Kotebel is still not able to produce enough to cover its costs. However, in only 1 illegal site alone, the number of downloads of “Ouroboros”, had they paid 5 euros, would have allowed us not only to cover the cost of releasing “Ouroboros”, but also we would now have the resources required to cover the studio expenses for our next album.

Here are classical reasons that people use to justify why they do illegal downloads:

If I like the stuff, I will probably buy the album and recommend it to others

Imagine that you go to the supermarket, go to the winery section, pick up a nice bottle of red wine, and go to the cashier. And you say:  “I’m taking this bottle of wine and I’m not going to pay for it but don’t worry because if I like it, I will recommend it to my friends and I will come back for more – and next time I will pay, I promise”.  We know what would be the reaction of the cashier, but more than that: what would the others in the cue think? Do you think they would say “Hmm, interesting… he does have a point” or “This moron wants the wine for free and here I am willing to pay for my shopping basket!”.

Why should I pay for something I don’t know if I am going to like?

I could easily go back to the same example as before and argue that we buy many things without knowing beforehand if we are going to like it or not. But in our case, it is even more ridiculous: most sites (certainly in our site you can) have a wide range of long samples so the listener can get a pretty good idea of the type of music that you are going to have. It would be like having in the winery section a small bottle for free, so you can try the wine before you buy it.

The price of CDs and downloads is too high

People tend to apply the same rationale for commercial music – that sells in the order of millions and hundreds of thousands – with Art Music that is sold usually in hundreds or few thousands in the best of cases (yes, some exceptionally reach tens or hundreds of thousands but they represent and insignificant percentage). In order to get some significant revenue from sales, Art Music should be sold three or four times more expensive than commercial music. The arithmetic is simple. Yet, you find that many artists (like Kotebel) sell their music at prices even lower than your average commercial release. Going back to the question of intrinsic value of the work of art, if a fan is not willing to pay 10 euros for a CD (excluding shipping) or 5 euros to download a complete album, then I wonder if it is a fan that we really want to have.

We still need to go a long way in this Copernican shift that the music industry is undergoing, but eventually, whatever new model these changes eventually lead us to, it will, without a doubt, end up finding a way to make sure people pay for what they listen to. And, hopefully, this new model will allow artists to get the major portion of what is paid instead of the ridiculous percentages that artists have been receiving for the last 60 years.

So here you go. My take on piracy. I welcome supporters of illegal downloads to challenge my arguments. And I’m not being cynical; I would really like to know if someone can give me a convincing argument as to why piracy is good for the artist, the listeners, and the industry et al (as some claim).

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3 Comments
  1. There are five common types of software piracy and the bottom line is that software piracy has serious consequences. Ronnie Music

  2. Hello Carlos,
    Thanks for your article. I’ve read quite a few articles with the same attitude as yours. First, let me surprise you: artists need to be paid for them to eat and pay the bills. I agree with that.
    However, the “Internet” (world wide web) was built in order to share data – not just text and images, but also files. This includes music files.
    The web has created a problem in the music business model (buying cd’s or music files for money) because friends share the stuff they like.
    How can we solve this mess? we can’t, for now. Music files have become very cheap, and most musicians can’t profit from music sales. Even performing live, which can’t be downloaded, is not always profitable.
    So what do you do? you accept the fact that the web takes and the web also giveth. Which means you, as an artists, can download any music you want in order to get inspired and enjoy yourself. But you can’t sell a CD anymore for 15 Euros like you used to.

    Bottom line: it’s not piracy, it’s a market of free music, shared by everyone. You can’t profit but you can get music for free. Some people will always pay for stuff they love and admire, but they will also get huge amounts of free music.

    P.S.
    I found your music and your website because of….”piracy”. I intend to write a review of your album (for no charge!) and help share the great music you’re doing. How’s that?

    • Uri, thanks for your comments. I agree with you that there will be no technical solution in the short term. As most things in life, balance is the right course of action: it was wrong 40 years ago for an average band to make millions and get much more than their worth in terms of effort and artistic value as it is today not to pay anything in return for such effort. I think the solution lies in the mind set of Internet users. I don’t think it is wrong to expect at least to recover the cost of putting music out there. To date, I still have not been able to recover the cost of releasing the “Concerto”. The result is: there will not be another Kotebel album for quite some time because I cannot afford it. It is a lose-lose situation. To complicate things, we have to differentiate between commercial music and art music. To give you an example: a few days ago I was in New York and a colleague wanted to buy a shirt from a pop teenager band called One Direction. I went to a store they set up temporariy close to 5th Avenue and they didn’t even sell the music!! All their business was based on mechandising and the store was full of teenage girls. So, commercially, companies are finding alternative ways to make tons of money but that approach will not work for art music. When I talk about recovering the cost of the album, I’m only talking about recording, mixing, mastering, manufacturing and, to some extent, promotion. That is, money out of our pockets. All the time (many, many hours) composing and rehearsing (including expenses of rehearsal) are not even considered. So we also invest a lot of time that we don’t expect to get paid for because this is about art and not about a business. I honestly think that paying 15 euros for a CD+DVD including shipping, is a fair price.

      In summary, I hope that people interested in art music will understand that we all must think of a way to allow art music bands to recover their investments and allow them to continue doing music. I don’t know how to solve the problem, but if people at least recognize that there is a problem, at least we are on the right direction.

      Thanks for writing the article!! You, same as us, spend time on this because of artistic, not commercial reasons.

      Thanks again for you interesting comments!!

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