People should pay for their music the way they pay for gas or electricity.

More people are consuming music today than ever before, yet very few of them are paying for it. The music recording industry blames file sharing for a downturn in CD sales and, with the publishing companies, has tried its best to litigate this behavior out of existence, rather than try to monetize the conduct of music fans. These efforts are fingers in a dike that is about to burst. Digital media are interactive, and people want music that they can burn to CDs, share and use as they wish. The music industry should instead look at turning this consumer phenomenon into a steady stream of cash–lots of it.

The industry ought to establish a “music utility” approach to the distribution and marketing of interactive digital music, modeled after the water, gas and electricity utility systems. It should be done voluntarily to work best for all parties, or it may eventually be legislated through a compulsory license provision.

Under a plan colleague Gerd Leonhard and I propose, consumers would pay a flat music licensing fee of $3 to $5 a month as part of a subscription to an Internet service provider, cellular network, digital cable service wireless carrier or other digital network provider. This fee would let people download and listen to as much music as they care to, from a vast library of files available across the networks.

These fees would result in a huge river of money. With approximately 200 million people connected to a digital network in the U.S., the potential annual revenue stream for a music utility model could be somewhere between $7 billion and $12 billion for the basic service. That is already comparable in size to the existing U.S. recorded music market, which in 2003 was $12 billion at retail, according to the Recording Industry Association of America. This basic service would be augmented with various opportunities, including packages of premium content, live concerts, new releases, artist channels, custom compilations and more. The revenue potential of these premium sources is enormous, too.

How would this money be divvied up? We propose that the industry voluntarily establish a “music utility license” for the interactive use of digital music. This license would compensate all rights holders, including the record labels and artists (for the master recording) as well as publishers and composers (for the underlying composition), with the license fee to be split in half between the owners of the sound recording and the owners of the composition, after deducting a percentage for the digital network providers. This license would be available to anyone willing to implement its terms. The digital network companies would be required to track and report which music had been used, by employing existing digital identification and tracking technologies.

There is already precedence for such a flat-fee system in cable television and in the utility-like models of public broadcasting in Europe. Streaming digital music is already provided in basic cable plans. Cable television itself at first resisted this model, but its economics eventually led to a larger market, providing more consumer choice and more revenue streams overall. Old media almost never die. Cable television did not replace broadcast television; instead, it expanded the market dramatically, by letting video flow like water into new revenue streams–instead of down the drain.

Certainly a music utility would be a radical and complex undertaking, and there are many important details to negotiate, such as the exact nature of the license, how the funds would be administered, the specific tracking method, what collection of technologies would be employed and others. Yet there are inventors and technologists outside the mainstream music business hard at work trying to figure out how to make this happen. It’s time for the main players in the music business today, namely the large record publishers, to cooperate with the inventors and jointly create a future for music where the money really flows and the global market for music can grow from $32 billion to as much as $100 billion.

Originally published in Forbes on January 31, 2005.

Doug Morris on the state of the music industry. The problem, he says, is that “there’s sympathy for the consumer, and the record industry is the Shmoo.”

Oh my God.

Wired writer Seth Mnookin interviews and skewers Universal Music Group Chief Executive Doug Morris in the latest issue, which speaks for itself. You just got to read this interview.

“There’s no one in the record company that’s a technologist,” Morris explains. “That’s a misconception writers make all the time, that the record industry missed this. They didn’t. They just didn’t know what to do. It’s like if you were suddenly asked to operate on your dog to remove his kidney. What would you do?”

Well, for one, maybe - instead of suing the technologists from Napster 1.0 - perhaps you should have considered hiring them. Just a thought…

Unbelievable. No wonder we are in the situation we are in.

Total Music. Hmm… Why do they think they have it figured out now?

For another great history lesson on how the major music labels ignored change and tried to impose their will on the masses, read this. Disturbing and painful. Great work Seth.

The last few weeks have heralded some great news for the music industry. Radiohead’s experiment with user-based pricing, Madonna’s new deal and the formation of ArtistNation, a “360″ model for music where the artist and the company partner on numerous levels including recordings, touring, merchandise, etc., and Apple’s repricing of DRM free tracks to $.99. These are all very positive moves that continue to point toward a healthy future of music.

Madonna left Warner Music for a newly formed ArtistNation designed to optimize the revenue potential and investment strategy by combining multiple revenue streams into a package deal. “Madonna is the first step to making Live Nation into the next-generation music company,” Live Nation CEO Michael Rapino said during an investor conference call. “We believe it should help attract additional artists.” Let’s hope so for them.

Read more about this deal here.

The Irish Independent published a great commentary on the state of the music industry this past week. “Madonna – the most successful female artist of all time – is the latest high-profile artist to turn her back on the music majors, ending a 25-year relationship with Warner Music in favour of a lucrative deal with Live Nation. The deal follows the recent excitement around Radiohead’s decision to ditch EMI and offer their new album for download with the consumer choosing what to pay – a move set to be echoed by The Charlatans.

Earlier this year, Prince gave away his new album to readers of The Mail on Sunday. Meanwhile, a slew of yesteryear’s superstars, including Paul McCartney and Joni Mitchell, have signed record deals with Hear Music, which is owned by the coffee chain Starbucks.

It appears that artists of all calibres are forsaking the traditional route to fame and fortune – making a hit record with a household-name label – in favour of giving music away and making money off the back of touring and T-shirts. Arguably it reflects the way that consumer attitudes have changed toward music over the past decade, with today’s consumers happy to pay vast sums to see a band but unwilling to pay for songs they can download for free. Many of today’s music fans – and artists – hold a very dim view of the music majors, arguing that they have charged too much for CDs for too long and that the dinosaurs of the industry – namely Universal Music, EMI, Warner Music and Sony BMG – were too slow to harness the power of the internet and the way the industry has changed.”

This potentially is great news for established artists seeking to renegotiate their contracts or establish new deals with more forward thinking companies willing to write the big check. However, it has yet to be seen how this model will benefit emerging artists looking for marketing muscle to help them break through the noise level. Can a LiveNation afford to break acts now in order to develop the revenue streams it will need in the future? If not them, then who?

With the widespread sharing of files online moving into the end of its first decade, and the rapid disintegration of the old-school record business clearly in sight, what exactly will the future hold? Will these new models make it easier to find new music? Will the new 360 companies garner the trust of the consumer and make it possible to grow the music business again? Will it be more convenient for the music lover to get all their Madonna stuff from one source, or will the widespread choices available online keep pulling control away from the center and distributing it out to the edges of the equation, namely in the hands of the consumer. Interesting times to be sure.

Great to see a band of this stature make a bold move like this.  Radiohead has released their latest album "In Rainbows" online and for free, if you want it.  They will also accept whatever amount you wish to pay for the songs.  Brilliant!

Bertis Downs, manager of R.E.M., says "This is the sort of model that people have been talking about doing,
but this is the first time an act of this stature has stepped up and
done it. . . . They were a band that could go off the grid, and they
did it."

Just watch what happens when they launch their tour!  Tickets, t-shirts, hats, box sets, other goods - watch the cash register ring.  KA-CHING

LA Times reported the story on Sunday.

CDs are now sliding precipitously, especially in the United States, and that has intensified media diversification efforts at major retailers.  At the halfway point, year-over-year disc sales in the United States dropped 15.1 percent, according to Nielsen Soundscan.  That gap has since broadened to 18.4 percent.

For retailers like Trans World, Hastings, and Virgin Megastores, diversification has now become an accelerated survival tactic.  During the recent quarter, music-specific sales at Trans World dropped 19 percent on a comparable store basis.  That is more severe than dips of 16 percent recorded during the same quarter last year, and represents a worsening trend.  "Trans World has 950 stores and we would expect them to continue to deemphasize music over the next 12-24 months," said Richard Greenfield of Pali Research during a recent investor note.  Greenfield noted that Trans World has already lowered its music-specific selection to 43 percent of total inventory, down from 47 percent last year.

The decreased selection means less consumer matches, and lowered sales volumes.  "As floor space continues to contract at physical retail, we are increasingly concerned that the rate of decline in CD sales will materially accelerate in 2008," Greenfield asserted.

From Digital Music News