Executive Summary
This paper would be discussing the impact that online music sharing services had on the music industry.
Firstly, this paper introduces what online music sharing is and the various networks that developed over time, most notably Napster and subsequently Bittorrent. Then, it would explain how, as a vehicle for piracy and copyright infringement, it impacted record sales and subsequently the revenue models of industry players. Subsequently, the influence of these services is analyzed, and various contributing factors are identified then explained.
The impact of Napster is then explained from different perspectives, with views opposing and support the prevalence of this service. After these historical perspectives are examined, the current situation and future extrapolations are considered.
Background
Music piracy, and the ensuing industry outcry, has been around much longer than the dot-com era. When audiocassettes were popularized in the 1980s, the British Phonographic Industry launched a campaign heralded by the slogan “Home Taping is Killing Music”, appealing to consumers who were recording music from the radio to home cassettes. After the decline of the audiocassette in the 1990s, the Recording Industry Association of America (RIAA) and various music-publishing entities pressured Congress to pass the Audio Home Recording Act of 1992, forcing consumer electronics manufacturers to implement copy protection technology on the new media formats replacing the cassette.
However, the impact of these forms of copyright infringement cannot be compared to that of online music sharing. By definition, online music sharing services simply refer to technologies developed to facilitate the access and distribution of digital music. These could take the form of peer-to-peer (P2P) file sharing services, website based file hosting sites, and more.
One of the first, and perhaps the most revolutionary of these is probably Napster, an example of a P2P network. P2P services bypass storing the media files on a central server, allowing users direct access to files in a designated shared folder on another user’s computer, hence the name peer-to-peer. Napster merely provided a client and a centralized indexing server that sorted and allowed users to search for a specific file on other computers. Released in June 1999, Napster quickly grew in popularity, peaking at 25 million users less than two years since inception. The extensive impact that Napster and the subsequent services that followed had on the music industry can be seen from graph below. There is an obvious correlation between the emergence of Napster, and the drastic decline in physical record sales after 1999.
Analysis of Napster’s Success
Napster’s success and influence can be attributed to 4 factors that made it a revolutionary force in the music industry at that time. These four factors to success would be referred to throughout this paper.
a. First Mover Advantage
By being the pioneer provider of P2P file sharing services, it quickly gained the attention of users and the media, snowballing and gaining momentum rapidly.
b. Large Selection of Media
A direct result of having a large number of users would be the large selection of songs available for peers to download. With more peers active and in possession of copies of the same file, other users would have faster and more stable downloads which further boosted usage and popularity.
c. Ease of Use
Operating the Napster client was relatively simple: After downloading and running the program file, users simply had to key in artistes’ names or track titles into the search engine and have a list of download options. The simple interface made it easy for new users to utilize the service, once again boosting the total number of users.
d. Lack of Legal Repercussions
With the legal status of Napster pending for months and the idea of safety in numbers, users were skeptical even when the band Metallica announced that they had identified thousands of individuals who downloaded their material and were preparing to take legal action.
When Napster was finally shut down in July 2001, it had shown the world that the concept of distributing free music was a technological and social possibility, and it was wildly popular. At that point, it had opened the floodgates to other similar P2P networks like Kazaa and Limewire, and to more technologically advanced systems like BitTorrent. BitTorrent is an evolution of the P2P concept, allowing files to be divided into smaller segments, distributed among other computers, and reassembled. This meant a much faster and more efficient way to download and upload files, while exerting a relatively lesser strain on the network’s bandwidth. Many BitTorrent sites and clients added an additional factor leading to their success.
e. Self-Sustainability
Many servers keep track of the ratio of the users’ uploaded to downloaded content. Sometimes they implement algorithms that allow a user with a high ratio to download files faster, giving users an incentive to ‘seed’ files, or put files up for others to download. This system ensures a constant supply of new media from uploaders, which would in turn attract more downloaders in a self-sustaining virtuous cycle.
However, the emergence and overwhelming popularity of BitTorrent seemed to conflict with some factors that made Napster such a success. The BitTorrent client is more difficult to configure and more steps are involved to access a download. Moreover, since the landmark Napster case, authorities have not only pursued the service providers, but also the individual users, hence the threat of Legal Repercussions has increased. Hence, the success of this new generation of file sharing networks is simply due to the large selection of media available.
Issues
The parties experiencing the greatest impact of these services can be divided into the music labels, the musicians themselves, and the general public. These impacts can be briefly explained through the following three perspectives, each with an opinion for and against music sharing.
The Economic Perspective
Against: The most obvious result of the emergence and popularity of these services is the reduction in revenue earned by copyright holders. Simply put, listeners no longer have to purchase music when the option to download music for free exists. This directly translates to lesser resources for labels and musicians to produce and distribute music through traditional means.
For: Studies have shown that there is actually a positive correlation between P2P downloads and CD purchases. Furthermore in the case of Radiohead’s album Kid A, the experimental and generally non-commercially viable album was leaked on Napster weeks before the official release. After being downloaded by millions of Napster users, the album reached number 1 on the Billboard 200 chart. In isolated examples like this, file sharing did not compromise revenue gained, but in fact provided viral promotional benefits.
The Cultural Perspective
Against: Without intellectual property rights protection and secured revenue streams from selling recorded media, musicians might be less inclined or even unable to produce music. Furthermore, with lesser resources, labels have been making increasingly intrusive demands to focus on the marketability of their music in the traditional business model, compromising the creative control artistes have over their music. This would ultimately result in a net decrease in recorded music produced, as well as limiting the cutting edge daring that musicians possess, stifling cultural progress.
For: According to seasoned record producer Steve Albini’s article The Problem with Music, after all the costs and loans are deducted, each band member would only make 0.5% of what the label earns even after a 5 week tour and selling a quarter million albums. This example succinctly encapsulates the long-held idea that record labels exploit the artistes under them. Hence, with record labels having lesser bargaining power, pressing and distribution contracts falling out of favour, it actually places musicians in a position where they can negotiate fairer terms of the contract. Also, the purchasing power of consumers now has greater power and significance. As paying is no longer necessary to gain access to music, purchasing an album now signifies loyalty and support to the creative vision of an artiste. This might in turn provide both tangible and intangible motivation for artistes to produce works of higher quality.
The Legal Perspective
Against: Copyright infringement is illegal, and the legal system has a responsibility to protect the intellectual property rights of copyright holders, and provide relief whenever possible. Especially since the passing of the Digital Millennium Copyright Act in 1998, and the negotiations of the plurilateral Anti-Counterfeiting Trade Agreement, intellectual property right enforcement had become an increasingly pressing issue.
For: Proponents for net neutrality, the concept of preserving a free and open Internet, support the idea of file sharing. The accessing and transferring of data is an evolutionary step that the Internet has to take; the trouble with the law presents itself because some data is transferred without the copyright holders’ express permission. Advocates argue that governmental or institutional restrictions on the content present on the Internet undermine the very purpose of the Internet and the freedom of information.
Discussion
“Litigation is not a business strategy. Ultimately the best response to online piracy is a legitimate alternative.”
– Cary Sherman (Senior Executive VP and General Counsel of RIAA)
According a 2010-2015 forecast reports by Cisco, global P2P file sharing is estimated to consist of 4051 petabytes a month, and is projected to increase to 8117 petabytes a month. Most sources agree on one thing: that filesharing is an unstoppable phenomenon, and will only continue to grow in popularity. As such, traditional business models relying on the sale of physical media are no longer viable and alternative models have to be developed.
Present Solutions
1) Increasing the sales of support services
As labels try to monetize its catalog, they have turned to revenue streams that were once considered secondary to record sales, such as merchandise, concert ticket sales, and broadcast rights. The reason why these are new possible revenue streams, is that unlike recorded media, the utility gained by consumers cannot be easily replicated or distributed for free. Recording costs are now considered sunk costs, and recorded media only serve as promotional material.
2) ‘Pay what you want’
Pioneered by Radiohead when releasing In Rainbows, this pricing scheme allows fans to enter any amount they wished to pay for the album, even allowing them to pay nothing at all. From an economics standpoint, this strategy is brilliant. Under the earlier assumption that consumers are going to download the album from music sharing networks anyway, the band gives the option of a legal high quality download as a show of goodwill to first time or casual listeners, possibly gaining a larger fanbase. Ardent fans can contribute as much as they want to support the band. Any revenue gained from this strategy is seen as a bonus beyond merchandise or concert sales.
Bandcamp, a website that allows users to stream or purchase music, also allows bands the option to implement a ‘pay what you want’ pricing scheme. This service is especially useful for musicians not signed to a label. It can act as an effective distribution platform that allows listeners a streaming preview, then the option to purchase a downloadable digital copy, with a small percentage of the fee being paid to Bandcamp. This essentially bypasses the need for a printing and distribution contract with a label, and still allows the band to retain a larger share of the sales revenue.
3) Cloud-based music services
Legal cloud based music services like Spotify allow subscribers to stream music from a large catalogue of music to various user devices.
When revisiting the factors that made P2P services successful, it seems that the service provided by Spotify is indeed very promising. (a) Spotify was launched in October 2008, making it one of the pioneers in this field. By securing licensing deals with many major labels to stream their artistes’ music, (b) Spotify has amassed a substantial library of music, approximately 15 million songs as of July 2011. (c) Streaming music is even faster and easier than downloading, as there is no need to organize the downloaded files or even wait for the files to finish downloading. Customizable playlists and radio functions allow personalized recommendations of new music according to the listeners’ taste. (d) As this service is completely legal even for free users (with additional advertisements between songs), or US$5 per month for an unlimited subscription, users have no fear of legal repercussions. (e) As this service gains more subscribers, the company would have more resources to purchase additional music licenses, broadening its music library and in turn attracting more subscribers.
Beyond that, there are other unique features that Spotify offers.
f) Cross-platform compatibility
One of the reasons for the digital music revolution is the demand for any music, anytime, anywhere. Spotify is available on mobile devices; as long as there is an Internet connection available, the entire music library is available to the user.
g) Low resource consumption
As Spotify is a streaming service, it does not take up space on the users’ devices. This could create a future market for low-cost barebones mobile devices designed specifically for streaming. Furthermore, as files are hosted elsewhere, backing up data is not necessary in case of hardware malfunction or software failure.
However, an issue with the business model of these cloud based music services is the possibility of the market only being able to support a natural monopoly. The amount of resources needed to purchase licensing rights from labels and to maintain the infrastructure presents a high barrier of entry to new entrants. On the other hand, should a large company introduce a rival service, such as Apple’s iCloud, the market might not be able to support both giants. The purpose of these streaming services is to provide a one-stop solution to a listener’s needs, revolving around the availability of everything he wants to listen to and more. It is very unlikely for a user to sign up for multiple services of this nature, because of the incompatibility of the software clients, and degree of overlapping media found in both libraries. Once subscribers are divided evenly, it would mean lesser resources for either service provider available for expanding that library, undermining the very purpose of the service, leaving dissatisfied subscribers too. If exclusive rights are given to either company, it might worsen the situation, and may prove even more inconvenient than simply downloading and storing a personal collection of music from P2P services.
Taking Things Forward
Though still currently in its infant stages, cloud based music services are probably the future of the music industry. It presents all the benefits of P2P music sharing and more, coinciding with consumers’ changing demands. The tipping point to the next revolution lies in the extensiveness of the streaming music library. As seen earlier for the transition from Napster to BitTorrent, despite an increase in various dissuading factors, the popularity in BitTorrent accelerated simply due to the ability to access the widest range of content. Once cloud based services are able to match the amount of content available on P2P services, users would be far more inclined to pay that nominal subscription fee.
Currently the music featured on these services are mainly from higher profile artistes. A possible avenue of expansion could be allowing independent or amateur artists to upload their material for a small fee. These artistes would benefit from the increased exposure; the service providers would be able to increase their revenue while expanding their music catalog.
For a completely different twist on music sharing, there is a service called Gobbler being developed for musicians to share their recorded ideas with collaborators online. Ironically, the platform that was once touted to be the bane of music is now available for the creation and production of music.
Conclusion
When Napster revolutionized the music industry in 1999, music businesses scrambled to change their suddenly impracticable revenue model. However now as the industry is settling into equilibrium, it might seem that there may be tangible benefits for consumers and musicians alike. With the music industry pushing the boundaries of technology and adapting to changing social paradigms, one can only wonder what the next revolution would be.