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The Librarian of Congress's decision on Internet radio royalty rates is due on Thursday, June 20th. Hopefully that decision will be a reasonable one and we can all get back to business!

So on Monday, June 24th, look for a special "Back to Business" issue of RAIN, featuring a review of products and services now available to our industry.

If you're a vendor, make sure your firm is included! E-mail us by clicking here.

WARNING! World Cup spoiler in RAIN today!
If you're taping World Cup soccer matches to watch later and are trying to avoid this morning's results, please be advised that the "Site of the Day" box in today's issue will spoil the England/Argentina game for you. Beware!

Reader Feedback Friday
Reader feedback
Here's RAIN Reader Feedback on yesterday's analysis of the USA Today series on the recording industry (here)...

"Emotion is eclipsing critical business issues..."


"These CDs must be profitable or labels would learn their lesson and quit releasing them!"

On the contrary. In 1998, 88 releases out of over 33,000 represented 24% of the music industry's revenue. They don't seem to learn and continue to add layers of expense that raise the profitability bar even more. This is probably the biggest problem for the music industry and one that consolidation can't fix. That is, that they are unable/unwilling to control their costs, and have not done/learned anything to improve the chances of a release making a profit.

Put another way, they have no more clue as to what constitutes a hit record than they did 40 years ago, but it costs them much more to produce each attempt. The result is a bizarre twist on the old "80/20 rule". In this case, less than 3 tenths of one percent of the product released (by RIAA member companies) in 1998 accounted for 24 percent of their revenue...the "24/.3 rule."

"Further, they have invested billions in pursuit of killing all forms of digital distribution -- from Internet radio to downloads. Those expenditures don't address any of the above issues but they drain resources. That money could have been shown as profit, directed at making the music business more efficient, or both. Instead, much of it has been spent on software based DRM solutions that no one but music industry honchos and the DRM vendors believe will work.

I sympathize with and respect the music industry's desire to stop piracy, but am perplexed by their tactics. Piracy, while potentially a big problem, doesn't seem (as outlined in yesterday's RAIN analysis) to be the driving force behind the current red ink that plagues the music industry. Perhaps emotion is eclipsing critical business issues.

One thing seems apparent, at least to me. As long as there are easy piracy platforms, there is little risk in setting friendly digital music services that address consumer hot buttons such as availability of titles, transferability, ability to copy and use of the MP3 format. Anyone who wants to get a file for free can and virtually every title in print (and many others) can be had. That isn't true for those who want to pay. They can buy the CD you say? Hmmm. As that song about the Viet Nam war mused, "...waist deep in the big muddy and the big fool says to push on."

  Bob Bellin


"Recorded music is a bargain..."


About your analysis of the USA Today article: The claim that the average price of a CD has fallen 40% from 1983-1996 is not a misquote.

As OM at K102/Ft. Lauderdale, we were one of the first stations to play CDs on the air in 1983 (Using a Sony CD-101), and I remember going down to Specs Music, where we had a trade account, and picking up Michael Jackson's Thriller and the Steve Miller Band's Greatest Hits. They were $20 each, and there was no discounting yet, as the technology was brand new.

The fact that it's taken almost 20 years for the price to climb back near the $20 mark is proof that recorded music is a bargain, especially when you compare the price increases of movie tickets, concert tickets, housing, autos, and pretty much anything else over the same time span.

By the way, that 15 year-old CD containing 45 minutes of music that you referred to sells for $12 or less at most record stores in my area. There are many classic albums in the "nice price" rack for $7.99 and $8.99, and the $18.99 new releases (which are almost always discounted to $12.99-$14.99) generally contain at least 15 tracks, and over an hour of music, enhancing the bargain aspect, in my opinion. And this doesn't even take into account the durability and technical superiority of CDs over albums and cassettes, which, in all fairness, should probably be taken into consideration when you're doing a "real dollars" comparison spanning four decades.

And regarding your claim that the variety of formats was no wider ten years ago than today, I'm aware of a Hot AC station that has played a particular song at least 40 times a week for the past 14 months! To the best of my knowledge, nobody was beating records to death like that ten years ago. This is a relatively new research-driven phenomenon, and -- combined with the spotloads -- probably explains the TSL decline, and the "blandness" complaints about radio, which aren't just coming from "music heads" anymore, but from passive listeners as well.

Thanks for an excellent newsletter!

  Dave Hoeffel, VP/Executive Director
FMQB


"Make the recording industry look like inflation-fighting heroes..."


I suspect that may be a case of shaping statistics in the most flattering light for one's cause (and failing to elaborate on details). The figure of a 40 percent drop in the price of a CD may be the result of a very high starting price when CDs were new technology in 1983 and very few CD copies of each album were released. Vinyl and cassettes were still dominant, and cheaper to mass produce. Few listeners yet owned an expensive CD player.

I can't remember exactly, but $25 or more probably was a common price for a CD in the early days. Therefore, the high baseline of that statistic would make the recording industry look like inflation-fighting heroes, when in fact, the dramatic drop at the start of the curve was the natural result of the technology improving, becoming cheaper, and expanding into a mass market.

Now that it's so cheap and easy that, except for legal restrictions prohibiting it, I could burn music CDs on my own computer, well, I think most of us have calculated that a reasonable supply-and-demand price for the product shouldn't be as high as the recording industry thinks it should.

  Rick Brown


"There IS no local market..."


You're not entirely correct, there was a day where an act was a hit in a local market but never made it nationally. The record companies still made money on them, though. Can't be done today since there is no local market.

Interesting point you have: Why does an audio-only CD of the 1969 Doors "Strange Days" album cost as much or more than most DVDs with more content (and, theoretically, more royalties to pay)?

  Randy


Virgin Radio UK "crackers" for World Cup
With this morning's upset victory over Argentina in World Cup football competition, Virgin Radio UK -- along with its listeners -- is going (in the words of one of the DJs) "completely crackers."

The station, perenially at (or near) the top of rated webcasts, is always fun to listen to, but especially so today. We've been hearing lots of phoners and great production values as the station (and the country) celebrates today's 1-nil victory in "the beautiful game."

The DJs even did a "phone survey" of the Virgin Radio offices to see who was still at their desk. As might be expected, very few phones were answered.

(By the way, England's captain and Man Utd. star David Beckham (Mr. Posh Spice) scored the game's only goal on a penalty kick.)

 
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The U.S. Copyright Office has posted
the official transcripts of last month's Public Roundtable meeting on the Notice of Recordkeeping. The transcripts for all three panels are here, here, and here.

Initial comment filings from various interested parties can be found here.

The three panels dealt with records that webcasters are required to keep and report to copyright holders under the terms of their DMCA licenses for the use of copyrighted music. The first panel dealt with reporting for the use of royalty allocation, the second with reporting for the use of monitoring compliance to the DMCA sound performance complement, and the third with how the reporting will affect small business.

US Register of Copyrights Marybeth Peters (above) and Copyright Office general counsel David Carson (left) moderated the all-day event. Representatives of the recording industry, royalty collection agent SoundExchange, webcasters, and artists participated.

RAIN coverage of the May 10th meeting is here. The RAIN staff traveled to Washington, DC for the meeting, and RAIN publisher Kurt Hanson participated in the third panel.


Netflix "faux ownership" may be a model for online music service
From Salon.com
: "John Andrews first heard about Netflix when his class at Harvard Business School studied the company in 2001. But it wasn't the business model that persuaded him to sign up for the service, in which people register online and pay $20 a month for a rotating crop of DVD rentals that arrive by mail. He simply thought a Netflix subscription would make his movie-watching activities more convenient -- and he has yet to doubt his initial hunch...

"Andrews' enthusiasm seems to be contagious. In the midst of a pronounced technology slump, Netflix has become the rarest of all Silicon Valley breeds: a rising dot-com star. The Los Gatos company has netted more than 600,000 subscribers since launching in April 1998. On May 23 Netflix raised $80 million in one of the most successful initial public offerings (IPOs) of 2002...

"Netflix also benefited, digital media experts argue, from its uncanny ability to shift entertainment consumer behavior toward a service and away from traditional systems in which people buy or rent a single piece of entertainment for a specific period of time. Netflix, with its focus on flexibility, comprehensiveness and ease of use, has essentially persuaded consumers to accept a system of eternal borrowing. Call it faux ownership. Netflix subscribers pay about $20 a month for the right to hold on to DVDs for as long as they want; to watch movies over and over again without paying extra fees. The only limitation is that they can't hold on to more than their allotted number. To get a new DVD, they have to send back an old one...

"If Netflix's convenience, portability and price attract millions of people and make millions of dollars, why can't the idea of faux ownership catch on in the world of digital music?"

Read this entire story in Salon here.


Have an opinion? Drop us a note! (Or, to use your own e-mail software, click here.)

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    Kurt and Paul, this is deep background -- don't quote me!

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Former record exec says music rights owners will win online
From a piece by Robert von Goeben in CNET News.com: "As a venture capitalist who has done time in the music industry, I'm surprised by the number of entrepreneurs who want to talk about digital music. A week doesn't go by that some smart entrepreneur doesn't call me up to discuss an idea.

"These conversations got me thinking about the opportunities for start-ups in the emerging digital music arena, and about why all past efforts at revolutionizing the music industry have failed...

"The thing that makes major record labels so powerful is their contractual control over music, and their ability to say where, when and how a recording can be played and shared.

So where are the opportunities for entrepreneurship in the music industry? The answer lies in controlling the rights to recordings. It's only after startups get into the game of signing artists that they will truly be able to control the destiny of downstream distribution.

"So my advice to the plethora of music startups focused on distribution? Give it up."

"Distribution technology and services are just ways of helping someone else sell their valuable assets, and are certainly not a basis for entrepreneurship. It's the control over the assets themselves, and not the pipes to deliver them, that will drive shareholder value in new music companies."

Robert von Goeben is the founder and managing director of Starter Fluid, a seed-stage venture capital fund in San Francisco. He was the head of online and Internet activities at Geffen Records. Read von Goeben's perspective piece here.

 

We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.
 
UK wireless adds "interactivity" features to Britain's Capital Radio
From the Nokia press release:
"Capital Radio plc, Nokia, Rocking Frog, BT’s mobile personalisation experts, and source O2, mmO2’s incubator for enabling wireless application partnerships, today announce the forthcoming launch of CapitalM8 (pronounced 'Capital mate'), the first interactive radio service for mobile phones working across all networks using SMS, WAP and GPRS technology...

"The CapitalM8 service will be available to 95.8 Capital FM listeners on the single SMS short-code, 83133, as well as via WAP, GPRS and the Web.

"CapitalM8 will launch mid June with the following features:
- Dedic8 – allows users to 'dedicate' a track to a friend, who will be alerted to the dedication 15 minutes before the track is played. Dedications can be accompanied with a text greeting from the sender
- PlayM8 – allows users to find out the name of both the last track and the track currently playing, along with the name of the artist
- RingM8 – Users can select and download Capital’s top new tracks as ringtones directly from their mobile phone

"Nathalie Schwarz, Director of Strategy and Development at Capital Radio said: 'The launch of CapitalM8 is another step in Capital Radio’s strategy to distribute branded content across new platforms such as mobile radio and Internet...the personalisation technology creates the ability to profile listener preferences, which will provide our advertisers with targeted advertising and marketing opportunities.'"

Read this entire release here.
 
Upcoming conferences
June 13-15, 2002 R&R Convention 2002: Beverly Hills, CA
July 8-9, 2002 PLUG.IN: Jupiter Music Forum: New York, NY
July 25-28, 2002 The Conclave 2002 Learning Conference: Minneapolis, MN
Sept. 12-14, 2002 NAB Radio Show 2002: Seattle, WA
Oct. 1-4, 2002 Streaming Media East: New York, NY
Oct. 30-Nov. 2, 2002 CMJ Music Marathon 2002: New York, NY

 

 

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