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The (DRM) Walls Come Tumblin' Down - Pt. 2
May 18, 2007
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"Our MP3-only strategy means all the music that customers buy on Amazon is always DRM-free and plays on any device."
-- Jeff Bezos, Amazon's chief executive, in a statement this week announcing Amazon.com's intention to sell DRM-free music.."It certainly is true that with every form of digital rights management that we've ever seen, it always gets hacked eventually, so I think it's likely that eventually this too will be hacked."
-- Corynne McSherry, Electronic Frontier Foundation attorney, commenting on MySpace.com's new technology to combat members' unauthorized use of copyrighted content, aptly titled "Take Down Stay Down.".Well, despite all the pro- and anti-DRM (Digital Rights Management) arguments that went on in the (mostly) new media since the beginning of this year, as predicted in the newsletter months ago, the floodgates would open once EMI announced it would sell music on Apple's iTunes without DRM.
This week, Amazon.com joined iTunes. Their service will launch later this year with support from EMI and more than 1,000 smaller labels. (See the first news item below, 'Amazon To Offer DRM-free Music Downloads' for the whole story.)
Anti-DRM supporters have put forth the argument that selling music online without copyright protection and encryption technology, would only increase sales. With Amazon.com jumping into the same pond with iTunes and EMI, it's going to be a lot harder for any other pro-DRM online music stores to compete. Amazon.com is the biggest e-tailer in the world, and iTunes is the branded online music store globally.
If online sales of music do go up, all the arguments put forth by the RIAA, labels, and others about selling unprotected music online will fade fast. If artists receive bigger royalty paychecks, I doubt they are going to speak up much more either. Of course there is always the possibility that this could all backfire. What if DRM-free music offers don't increase online sales?
That argument is already moot at this point in time because despite all the legal doings of the RIAA and IFPI (The International Federation of the Phonographic Industry ... and yes, the word phonograph is terribly outdated), illegal downloading still flourishes and prospers globally on a big scale. Add in to the equation all the physical CD sales being pirated around the world, and you can see why the whole DRM issue is deader than road kill.
I assume other online retailers will now want to jump in the DRM-free arena as well. I wouldn't expect Walmart.com and others to sit back and let Amazon.com and iTunes have that segment all to themselves. And once that house of cards starts falling, it's all over now baby blue.
And once DRM-free music is sold, no matter what the outcome regarding expected sales increases, is there ever a way to go back and try and put DRM protection again on online music sales? Such a move will only increase yet more illegal downloading and file-sharing.
The DRM walls are down permanently. Whether the labels and others like it or not, DRM-free music is here to stay now.
AND NOW THIS
"American Idol," with its less-than-stellar finalists ever, is down in the ratings. It's still #1 in its time slots, and it beats the competition by a good margin, but according to preliminary nationals from Nielsen, "American Idol" (8.9 rating/25 share in adults 18-49, 23.0 million viewers overall) again is in season-low ratings territory and figures to come in about 15% below the same night a year ago.
While generating such numbers is still a major accomplishment for any TV show in a time when entertainment options are changing more often than Phil Spector's hairstyles, the Idol producers must have some concern. Then again, maybe not. Maybe last year was so big, they knew they couldn't repeat that kind of success.
Whatever the case, it's a shame that a show that has provided a platform for multi-platinum selling artists like Kelly Clarkson, Carrie Underwood, Chris Daughtry, Clay Aiken, and literally a dozen other platinum-sales-level artists won't be able to provide retail with very much from this year's crop of contestants.
Maybe next year, the judges will pick more dynamic personalities and performers again. Okay, maybe Taylor Hicks wasn't the best singer last year, but he entertained the audience every week and performed with real passion. Hicks and his fellow contestants Chris Daughtry, Katherine McPhee, and Elliott Yamin drew big audience numbers every week as the field narrowed. All of them have had success at retail, and the Idol franchise has provided the retail side of the industry with a much needed boost when things overall are looking dismal. This year, as the field has narrowed, ratings have decreased. That doesn't bode well for big retail numbers from this year's finalists.
"American Idol" has also become the single greatest vehicle for established artists to perform on weekly. Almost every artist that has been a performing guest on the show has seen large spikes at retail the next week. Established artists that a few years ago would never think about being on the show now seek the opportunity to get on it. They've seen the retail response.
Whether or not you are a fan of "American Idol" isn't important. What is important is that it is a vehicle that has generated over 35 million sales (and still growing) for the industry. It gets people into stores to BUY music in BIG numbers. And that is a good thing indeed. More people buying music means more people more likely to buy MORE music. It's always been that way.
David Letterman defined television as this: "Fine art and pizza delivery: What we do falls neatly in between."
Here's hoping next season's "American Idol" does "fall neatly in between" and it continues to get people up and off their couches to buy more music.
Amazon To Offer DRM-free Music Downloads
Amazon.com plans to launch a digital music store later this year, featuring music downloads without copyright restrictions.
The e-commerce giant announced Wednesday that it would offer songs from more than 12,000 record labels in the MP3 format, without the controversial digital rights management (DRM) software. Record labels are beginning to warm up to the concept of offering music downloads without DRM, after waging war with peer-to-peer companies over distributing their copyrighted music and over piracy issues. Users will be able to play their music on virtually any device, including PCs, iPods, Zunes and Zens, as well as burn the songs on CDs for personal use.
Read more about it by clicking here.
Paul McCartney's 'Memory' Goes Digital
Paul McCartney's new album, 'Memory Almost Full,' will be his first solo release available for download and streaming on PCs and mobile phones. McCartney also has told Billboard that a deal to finally make the Beatles catalog available for sale online is "virtually settled."
McCartney added, "I don't want to pre-empt anything, but we're well on the way to something happening there, which is very exciting."
Read more about it by clicking here.
Nine Inch Nails' Trent Reznor Slams Records Labels for Sorry State of the Industry
The ongoing death of the CD has been discussed at length. There's no shortage of directions to point the finger: iTunes, illegal file-sharing services, the lack of brick-and-mortar record stores, etc. But if you ask the Nine Inch Nails, maybe the record industry should start blaming the record industry. Who would have guessed that Trent Reznor would emerge as the Ralph Nader of the music industry?
Read more about it by clicking here.
Bob Marley USB Album Release
To Save Music Industry/Kill the CD?It's looking like Bob Marley is going to change the future of music. Yes, Bob Marley, whose 'Exodus' - to commemorate its 30th anniversary- will be the first album ever released simultaneously via USB Memory Stick and Micro SD card. (The move is somewhat strange, considering that Marley died before there was even an Internet, let alone USB ports, but then again Marley has always been known as a visionary.) Only 4,000 USB sticks will be released, donning the tell-tale colors red, green and gold. Also featured will be three videos from Marley's 1977 show at London's Rainbow Theatre.
Read more about it by clicking here.
Gonzales Proposes New Crime: 'Attempted' copyright infringement
Attorney General Alberto Gonzales is pressing the U.S. Congress to enact a sweeping intellectual-property bill that would increase criminal penalties for copyright infringement, including "attempts" to commit piracy.
" To meet the global challenges of IP crime, our criminal laws must be kept updated," Gonzales said during a speech before the U.S. Chamber of Commerce in Washington on Monday.
The Bush administration is throwing its support behind a proposal called the Intellectual Property Protection Act of 2007, which is likely to receive the enthusiastic support of the movie and music industries, and would represent the most dramatic rewrite of copyright law since a 2005 measure dealing with prerelease piracy.
Read more about it by clicking here.
We Can Work It Out: Beatles and EMI Settle Download Row
THE long and winding road to The Beatles' music joining the ranks of downloadable tracks appeared to be reaching an end this week as it emerged the band and record label EMI have settled a prolonged £30 million row over royalties.
The dispute was seen as the last hurdle preventing some of the world's most famous songs being sold through online shops like iTunes.
Read more about it by clicking here.
Cisco, MTV Tap College Students For Ideas
Cisco Systems is teaming up with MTV again to fund college entrepreneurs who might be creating the next big thing in broadband and mobile content. Cisco is working with MTV's 24-hour college network called MTVU to launch the second year of the "Digital Incubator" program, an annual contest that selects undergraduate and graduate student groups to win a cash award aimed at helping them develop content for broadband and wireless users.
Read more about it by clicking here.
Weave Your Own Web Site
There are a million reasons to create a Web presence, whether it's to promote your business or portfolio, or create a way to network with colleagues and clients. Luckily, creating a Web site is easier than ever with options ranging from basic blogging tools to full fledged programs aimed at the web savvy. Find out what page-building software has the features you're looking for, as PC Magazine takes you through a few of their favorites.
Read more about it by clicking here.
Backers Of Stronger Copyright Laws Form Lobby Group
Some of the staunchest advocates for stricter copyright laws have formed a new alliance designed to pressure Congress into preserving stronger intellectual property rights.
The Copyright Alliance--which launched, complete with electric-green and white T-shirts displaying its logo at a morning Capitol Hill event here--consists of 29 national organizations and companies that purport to represent 11 million workers in copyright-related industries. Those members include the Recording Industry Association of America, the Association of American Publishers, the Motion Picture Association of America, Microsoft, Viacom and Walt Disney.
Read more about it by clicking here.
CONGRATS
CONGRATS #1 TO: To Irving Azoff on signing Neil Diamond for management representation. A great artist now with a great manager. Good things to come for sure.
CONGRATS #2 TO: To Carrie Underwood, who took home the Album of the Year and Female Vocalist of the Year Awards at the ACM show this past week in Las Vegas. Congrats also to both Sony BMG Nashville's Butch Waugh and Joe Galante on the great job on Carrie, Brooks & Dunn (who won the Vocal Duo Award for the 14th consecutive year), Kenny Chesney, Brad Paisley, and all their other artists who picked up trophies.
CONGRATS #3 TO: To Sheryl Crow, who has adopted a baby boy, she announced on her website last Friday. "He was born two weeks ago. His name is Wyatt (after my dad) Steven (after my little brother and Scooter), and we are enjoying some very private family time," the singer wrote.
CONGRATS #4 TO: To Mary J. Blige, who will receive the American Society of Composers, Authors and Publishers' Voice of Music Award at the 20th annual Rhythm & Soul Music Awards on June 25.
CONGRATS #5 TO: To Beyonce, who picked up six nominations for the BET Awards, including Best Female R&B Artist and Video of the Year, while her "Dreamgirls" co-star Jennifer Hudson earned three, including Best New Artist and Best Actress. Winners will be announced June 26.
GET WELL WISHES TO
Bo Diddley, who is in intensive care at Creighton University Medical Center in Omaha after suffering a stroke Sunday following a concert in Iowa. According to his publicist, the stroke affected the left side of the 78-year-old singer's brain and has impaired his speech and speech recognition.
YOU SHOULD HAVE SAVED SOME OF YOUR MONEY, BOBBY
Bobby Brown has sued Whitney Houston for spousal support and to change the terms of their custody arrangement for 14-year-old Bobbi Kristina. Brown said in court documents that he was unable to respond to Houston's divorce petition in a timely manner because he was depressed, broke and "for all intents and purposes, homeless" after they separated. It was your prerogative to spend all the millions you earned, Bobby. Now pay the price.
NAPSTER ON YOUR CELLPHONE
Napster said on Tuesday it agreed to make its music subscription service available on Motorola's mobile phones.
YEAH, THAT AND AS LONG AS YOUR PAYCHECK IS HEFTY
Johnny Depp said he is open to living the "Pirates" life for a fourth time. The actor told Entertainment Weekly that he would consider doing another "Pirates of the Caribbean" sequel, as long as the movie was made "for the right reasons," such as a worthwhile storyline.
NO MATTER WHAT, YOU MUST PAY THE TAXMAN
"Girls Gone Wild" owner Joe Francis has an upcoming trip to Nevada, but it won't involve any shenanigans. A federal judge ruled Thursday that he should be sent to Reno to face tax-evasion charges once he finishes serving his 35-day sentence for contempt of court in Florida.
TRUMP TRUMPED?
Donald Trump's "The Apprentice" was nowhere to be found on the lineup NBC presented at the 2007-08 upfronts Monday, although the network says that the show has not been canceled and could still come back midseason.
HER COMING IN FIRST IS PUZZLING; HER COMING IN AHEAD OF SCARLETT JOHANSSON IS INSANE
Lindsay Lohan came in at #1 on Maxim magazine's eighth annual Hot 100 list, while Jessica Alba placed second and Scarlett Johansson third. Now quick: Other than her being famous for partying and going to rehab, can you name any hit movies she's been in?
WHAT GOOD BEHAVIOR? ARE YOU GUYS TALKING ABOUT THE SAME PARIS WE ALL KNOW?
Paris Hilton will now only serve about half of her 45-day jail sentence and will be separated from the general inmate population, authorities said Wednesday. Ms. Hilton will end up spending about 23 days in a "special needs housing unit" at the Century Regional Detention Center in suburban Lynwood. Her sentence was shortened after jail officials gave her credit for good behavior. And let's face it, how bad can she actually be in jail?
MADONNA CONTRIBUTES
Madonna, inspired by the upcoming Live Earth concerts, has written a new song, "Hey You," which is available for download at www.msn.com, her record label announced Thursday. The first million downloads will be free, as Microsoft has pledged to donate 25 cents per download to the Alliance for Climate Protection. Madonna will perform the song at the July 7 Live Earth concert at London's Wembley Stadium.
ATTSA' NICE, THEY BACK TOGETHER
Variety reports that Robert De Niro and Al Pacino will team onscreen, for just the second time, in the $60 million indie drama "Righteous Kill," in which they'll play cops chasing a serial killer. Shooting is set to begin Aug. 6 in Connecticut.
2006 Industry Conferences
Name Date Location ReMix Hotel May 18-May 20 NYC, NY Mobile Entertainment Summit May 23-May 24 Los Angeles, CA Digital Hollywood June 11-June 14 Santa Monica, CA
Quotes of the week
"Well, Melinda Doolittle was eliminated from 'American Idol' this week. It makes no sense that the best singer would leave ... now we're left with 'what's his name?' and 'what's her name?'"
-- Jimmy Kimmel"I have never gotten a request, but I have many more important things to think about."
-- California Governor Arnold Schwarzenegger on the petition asking him to pardon the train wreck called Paris Hilton. I'm sure "The Governator" has a full plate, but making Ms. Hilton do community service in one of those orange jump suits would be humiliating."I'm the kind of person, you invite me on a private jet, and I'm not thankful. I go, 'How do they not have a cappuccino maker [on board]?'"
-- Leah Remini to People magazine. Well, excuuuuuse us, Leah. Did you really think this was actually something funny to say? If you want us to laugh, keep talking about Scientology and how wonderful it is."She is emotionally distraught and traumatized as a consequence of the findings at the May 4 hearing, the jail sentence imposed upon her by the judge, and her fear of incarceration."
-- Paris Hilton's psychiatrist, Dr. Charles Sophy, giving those findings in a Los Angeles Superior Court document filed Monday. Yes, Dr. Sophy, we believe you. But do we feel sorry for her?"Are you talking about my boobs again? Why are you looking at my boobs anyways, you pervert?"
-- American Idol's Kelly Pickler on Ryan Seacrest's KIIS/Los Angeles morning show, when Seacrest asked if she had an "augmentation." Ms. Pickler dodged the question. But a picture of her now versus what she looked like last year shows she had SOMETHING done."I have never been unfaithful to a partner and would find it immoral to be involved with a married man."
-- Kylie Minogue, denying rumors that she's romantically involved with married filmmaker Alexander Dahm."Busta Rhymes was arrested in New York for drunk driving. He reportedly had so much alcohol on his breath that police couldn't smell the pot."
-- David Spade, on The Showbiz Show."The last couple of years were hell. Like, I can't even tell you, it was so hard. I didn't know how to handle it. But I think I'm in a much better place now, because I stepped away for a second and took a breath. Hollywood is a funny place. It offers so much, but it can also take a lot away from you."
-- Cameron Diaz. Well, Cam baby, if it's too tough, step away again for a longer time or pick up and leave permanently. Ain't nobody stopping you, and don't let the door hit you on your way out."I have profited millions of dollars through explicit rap lyrics. I can honestly say that I was once part of the problem, and now it's time to be part of the solution."
-- Master P, announcing that he and his son, the no longer lil' Romeo, have launched their own record label, Take a Stand Records, with the mission of cleaning up both the image and lyrics of hip-hop music. The label will only represent artists who have pledged to be role models for the music industry through clean lyrics and positive moral values."The reason for this letter is to let everyone know that their prayers have truly helped me. I am so blessed that you care enough about me to be concerned and will continue to live in this brighter state with all of you by my side during this trying time. We are all the lights of the world and we all need to continually inspire others and look to the higher power. You are all in my prayers. Godspeed. Love, Britney."
-- Britney Spears' latest fan communication on her official website. Hmmm. Maybe for her next album she'll do gospel songs.
The B-Side - 'Blips'
THE ONION (www.theonion.com) STORY OF THE WEEK:
iTunes To Sell You Your Home Videos For $1.99 Each
CUPERTINO, CA-Apple Computer, producer of the successful iPod MP3 player, is now offering consumers limited rights to buy their own home movies from the media store iTunes for $1.99 each.
" Ladies and gentlemen, the future of home-video viewing is now," Apple CEO Steve Jobs said at a media event Tuesday morning. "As soon as you record that precious footage of your daughter's first steps, you'll be able to buy it right back from iTunes and download it directly to your computer and video iPod."
Read the rest and laugh hard: http://tinyurl.com/ynpumb.
The Blogs
Check out a great blog (that I contribute commentary to) by Jerry Del Colliano, the Director Executive Programs, Clinical Professor Music Industry & Recording Arts, at the Thornton School of Music,University of Southern California, by clicking here: http://www.insidemusicmedia.blogspot.com.
Box Office
Check The Daily & Weekly Box Office (and more film info) at: www.boxofficemojo.com.
TinyURL
Check out www.tinyurl.com where you can make a smaller URL that will work for any webpage you wish to link to or reference. (As you can see, I'm using it in my news stories above!)
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