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Why the Internet Is Good for Music Why the Internet is Good for Music By Thomas Michael Malone A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Arts in philosophy. Victoria University of Wellington 2017 “It’s better to be a flamboyant failure than any kind of benign success.” - Malcolm McLaren CONTENTS PREFACE 2 INTRODUCTION 3 Chapter 1: THE NATURE OF MUSIC 7 1.1 JUDGEMENTS OF TASTE 7 1.2 FROM SOUND TO MUSIC 12 1.3 MUSIC AND OUR EMOTIONS 17 1.4 MUSIC AS A SOCIAL BOND 21 1.5 IDENTIFYING GOOD MUSIC 26 Chapter 2: THE MUSIC INDUSTRY 32 2.1 THE DEMISE OF THE RECORDIG INDUSTRY 34 2.2 COPYRIGHT AND LAW 38 2.3 OVERZEALOUS COPYRIGHT: A Case Study 46 2.4 THE ONLINE MUSIC INDUSTRY 50 2.5 A SIGN OF THE TIMES 55 Chapter 3: WHY THE INTERNET IS GOOD FOR MUSIC 61 3.1 THE PRICE OF FAME AT ANY COST 62 3.2 THE COMMODIFICATION OF MUSIC 67 3.3 CAN’T BUY ME LOVE 71 3.4 CULTURAL CONTAGION 75 3.5 THE POPULARITY CONTEST 82 CONCLUSION 91 BIBLIOGRAPHY 94 Why the Internet is Good for Music Thomas Malone VUW MA 2017 PREFACE The purpose of this thesis is to challenge the common notion that the internet has had a detrimental impact on the music industry, and on musicians’ ability to generate a viable income while still producing good music. Note, that the following arguments do not automatically extend to the effect that the web has had on books, patents, films, journalism or any other medium. The reason for this is because these different disciplines have individual characteristics that make them respond differently to the same socio-economic pressures. However, on the same token, it does not necessarily follow that the conclusions reached here are inapplicable to other activities: perhaps what is true for music in the following pages is also true for e.g. photography. Furthermore, I am not advocating for a free-for-all internet where behemoths like Google, Amazon and Facebook get to do whatever they wish. Although I am intrigued by such matters, the constraints of both time and space allow me only the possibility to focus on the subject that I am most familiar and passionate about. Furthermore, because I am painting a broad picture which encompasses many intellectual disciplines, many of which I am not an expert in, this work is to be considered more on the consistency of the overall argument rather than the minutia of its individual parts. 2 Why the Internet is Good for Music Thomas Malone VUW MA 2017 INTRODUCTION Being not only an avid music fan but a musician myself, I find it difficult to reconcile the view that ‘the internet has ruined the music industry’ with the fact that our ability to experience music in all its forms has never been greater. It is quite extraordinary that this paradigm changing technology, that has made it possible for performers to bypass the traditional gatekeepers and market themselves directly to a global audience, is still being been treated like a scourge upon the music industry. I do not deny that there are casualties in this transition from the analogue to the digital world: older musicians who formulated contracts and had expectations and arrangements made in the era before the internet have been negatively affected by this technological evolution. The legions of intermediaries including both large and independent record labels, CD manufacturers, record store owners, large scale rights holders and everyone else along the music supply line have also been affected. However, the same could be argued for the poor folks who invested in a taxi license prior to Uber’s emergence and those who sold carts and wagons when horses began to be replaced by the Tin Lizzies rolling out of the Ford Motor Company’s assembly line in 1908: transition costs. The argument in defence of the music industry essentially rests on the view that, because people pirate copyrighted material on the internet with impunity, musicians have lost the ability to generate a living from album sales. This loss of revenue has all but turned the business into a mere shadow of its former self and forced the large labels to consolidate their respective positions, through some high-profile mergers and acquisitions, that resulted in the industry becoming highly centralised. 3 Why the Internet is Good for Music Thomas Malone VUW MA 2017 The internet’s effect on music can be characterised as such: due to a considerable drop in revenue, labels have had fewer resources available to take risks on more aesthetically challenging artists. Labels have, therefore, been obliged to focus on performers who have mass appeal. Consequentially, musicians are less able to push the creative boundaries if they wish to be signed to an influential label and pursue their craft as a career. As a result of this push towards the aesthetic centre, music has become more homogenous. So, not only has the liberal nature of the internet affected the music industry’s supply chain, all the way from record store owners to musicians themselves, but it has had a damaging effect on the quality of music. I will define those who hold this view as taking the protectionist position. Protectionists: a loosely clustered set of individuals who feel that copyright laws ought to be strengthened and enforced, and that the internet ought to be regulated to the extent that piracy is not facilitated or allowed by search engines or internet service providers Protectionists advocate for governments to take a more active role in protecting the rights of artists and rights holders not to have their work distributed online without their consent. They see music as being the product of the musicians’ labour and, therefore, deserving of the same rights and legal privileges afforded to other creators whose goods and patents are protected by legislation. The typical protectionist mantra is: ‘calling music theft ‘file-sharing’ is like stealing a car and calling it ‘vehicle-sharing.’’ I define this term loosely, because in every loose affiliation of people (such as in a political movement) there are many varying points of view, but they are nonetheless definable as a group because there also tend to have at least some core values unifying them. 4 Why the Internet is Good for Music Thomas Malone VUW MA 2017 I will show that because the bulk of the recording industry had already been appropriated by financially motivated decision makers before online piracy became an issue, producing music that appeals to the lowest common denominator cannot be blamed on illegal downloads. I will argue that the internet materialised at the right time and that it has been the saving grace for all music fans, as peer-to-peer file- sharing is one of the many tools that can be used by musicians who had little chance of being signed by these profit driven corporations. Furthermore, I will show that over-zealous copyright enforcement and price walls are detrimental not only to music’s creativity, but also to artists’ means of marketing their work to promote live shows and other potential revenue streams, and more importantly: for the internet’s neutral status. The latter has far ranging and potentially dire consequences that stretch well beyond the music world. This ought to demonstrate that on balance, letting music spread online is considerably more favourable than what is being advocate for by protectionists. I will characterise this stance as the liberal position. Liberals: those who take the view that (authorship aside) online music should not be subject to the current laws that govern its ownership in the proprietary sense of the word, and that copyright restrictions should be relaxed It is important to note that this liberal position is not a libertarian one, for the simple reason, that the latter view is usually characterised as advocating for strong property rights, while I am doing the opposite. However, I do not argue that musicians should not get paid if their music is used by third parties, instead I will be arguing for copyright rules that reflect the present needs of musicians and the public. I will also discuss why creating music for mass appeal is not only aesthetically inferior, but why it has a corrosive effect on the arts, culture and society. I will 5 Why the Internet is Good for Music Thomas Malone VUW MA 2017 demonstrate that those musicians worthy of our admiration shall get their due respect not through the enforcement of overzealous copyright laws, but by our ability to discern beauty and the generosity we show to those who create it. What I present does not purport to be a guide to navigating the fickle world of the music industry: I am proposing ideas for how music and musicians might best be served by the internet and its rapidly growing influence on so many aspects of our lives. 6 Why the Internet is Good for Music Thomas Malone VUW MA 2017 Chapter 1: THE NATURE OF MUSIC To carry out what I propose in my introduction, I will first need to show that where music is concerned, qualitative distinctions can be made. Not being able to demonstrate that aesthetic evaluations of taste are anything other than subjective might lead my detractors to suggest that beauty reverberates in the ear of the beholder. This would make it difficult to claim that some musicians are worthier of our admiration than others. I will, therefore, start by giving an account of what constitutes a judgement of taste according to David Hume.
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