Remember Napster? Not the paid streaming music service sold last year to Rhapsody, but the original peer-to-peer music sharing service that was hugely popular from 1999-2001 when it went down in a legal ball of flames over copyright infringement. Well something Napster-like is emerging from Amoeba Music, the huge pre-owned music and video stores in Berkeley, San Francisco and Los Angeles and some musicians and vinyl junkies are up in arms about it, though I can’t understand why.
Napster was a peer-to-peer service that allowed people to share their music collections online. What Amoeba is doing with its new Vinyl Vaults service is similar in that the company is ripping tracks from old records as they come into the stores then throwing them up on a webpage where they can be downloaded, but not for free. Amoeba is charging money.
This is a business and Amoeba is taking it seriously with a reported $15 million budget for Vinyl Vaults, the idea of which is to offer the best (that is curated) out-of-print tracks that can’t easily be found elsewhere.
If you can find it on iTunes it probably won’t be on Amoeba’s Vinyl Vaults.
There are issues with the service, of course, like how are copyrights respected and who gets the money? This is where Amoeba is very different from Napster as most of us thought it to be (more on that below). Amoeba says it will share revenues with the artists if only they’ll claim their tracks and cut a deal.
So what’s the problem? Many musicians are opposed to the new service in general thinking their work is worth more — lots more — than the percentages being offered. Take a look here (warning — angry musicians ahead) for more details on what the musicians think is wrong with Vinyl Vaults. For those who don’t want to click, it comes down to a perception that the revenue is too small and Amoeba’s meddling is keeping musicians from cutting their own far more lucrative deals.
Alas, I think these musicians are deluded. There’s a lot less money in recorded music than you’d guess.
While my work is hardly rock-n-roll, let me use it as an example. I get a royalty when this column is downloaded through Lexis-Nexis and several similar services. With well over 1000 columns available there’s a fair amount of action that nets me an average of — wait for it — $12 per quarter. This is the sort of money many musicians see from downloading, too, and they are convinced it’s a rip-off.
In a way I suppose it is, but the fact is that it has always been a rip-off for artists and you can mainly blame the record companies. Music industry economics and accounting practices are such that few recording artists make any money at all from that part of the business, which is why they tour. Recordings build and sustain demand for live performance, where the real money is.
Maybe I should go on tour, too.
So when do the lawsuits begin? Maybe never according to my friend Clayton Moore (not the Lone Ranger), who knows a lot about such things: “Sue for what, your share of 350 copies of Monkey and the Baboon at $0.78 each?” asks Clayton. “Sync rights rather then personal use might be an issue but a smart producer will go by the book and try and contact the licensee in good faith anyway. Musicians have known for awhile that there is no more money in record sales. That’s what Peter Frampton says and he is selling gobs of tickets and has a recent Grammy. Retailers are the only ones left making money from records.”
So I hope Amoeba succeeds with its Vinyl Vaults. If they are fair with musicians, anything that gets more music to more people can only be good.
Now back to Napster, the true story of which isn’t very well known. Napster’s goal was actually to do something very much like Amoeba is doing now but they couldn’t even get the record companies to talk despite offering them 90 percent (!) of the revenue. Don Dodge, now at Google, was VP of product development at Napster and tells the story of its demise quite well here. Napster’s defeat was not especially a victory for musicians, either, though Metallica was probably pleased.
The interesting part about Napster to me was how the company was doomed from the start simply because the proposed business model relied on getting rights from the record companies that the companies, in turn, didn’t actually own.
As Don puts it, “In retrospect, the reality was that they couldn’t have made a deal with us even if they wanted to. The record labels existing contracts with the artists had no provisions for digital distribution of individual songs. The payments to artists were all based on CD sales through the normal channels. It took them several years to rewrite their contracts with artists to get to the point where today you can buy a single song via digital distribution.”
Napster never had a chance.

This is why Branson MO came to exist. Musicians and performers were working hard only to make a meager amount of money. While they were struggling the record companies were making lots of money. One by one artists discovered a venue where they could open a theatre, produce shows, not-travel, and profit from their success. The venue was Branson.
The success of many performers in Branson shows how tilted the economics has been in the music industry for decades. The industry has stifled a lot of careers and denied us, the consumers a regular supply of entertainment from talented performers.
Until now Branson has catered to the WW2 generation. Most of the performers and fans of that era have left this world. It is time for the next generation to find a venue where they can vacation and see their favorite performers.
Musicians of the world. Your public wants to see and hear more of you. There is a better way for you to showcase your talent and make more money. Learn from the Branson experience. Digital downloads of your work is not the problem.
For those of us who don’t have a local Amoeba Records, the vault is almost a service. Where else could I find “Bell Cow Blues / Boe Hog Blues” recorded by “Texas” Alexander in 1928? And good luck getting Mr. Alexander any royalty money, by the way….
Decided to test the purchase process using my credit card via PayPal: Got this response “This transaction will appear on your statement as PayPal *AMOEBA EBAY.” Thought the eBay part was interesting.
Warning–angry nerds ahead, raging over alleged “depth and warmth” of MP3 (although personally, I can’t hear the difference). I’ve had a look, but it’s not the same as spending a few hours in either the real Amoeba or the Princeton Record Exchange (for our NJ friends). All the same, I think they’ll sell more than enough WAV files at $3/piece to make it worth their while.
I have limited sympathy for the recording industry.
It’s claimed that the artists get very little of the money, yet the likes of Elton John can still do $ 1,000,000 shopping trip (actually, that should have been in the UK’s Pound Sterling). So there’s still money in recording.
They’ve tried to kill off any attempt for peole to buy their music cheaper but legally. Be it from internet via a download, or buying the same CD but imported to your country instead. Yet, the music industry seems to believe they have a right to all the pocket money, and more, any teenager gets from their parents.
With copyright a teenager could string together a song in their bedroom and they’d have protection for 75 years. If you spent a lifetime researching a cure for cancer and made a breakthrough you’d only have rights to it for 20!
If musicians still believe they’re not getting a fair deal they really need to have a closer look at the costs in their own industry. Between the customer and the creator somebody is being greedy.
Yes, Bob, it’s time you went on tour. Make sure you include the UK and let me know how I can get a ticket.
I just want the to run the T Shirt concessions if he does.
Dibbs on the concession for portable media devices preloaded with Revenge of the Nerds.
Certainly will have to record each presentation as the true believers will want to see each and every one of them.
hmm, cringelybootlegs.com appears to be available
YES, go on tour! Come to brussels and I’ll by 100 seats! Bob, you’ve got the very best insights into mass media, oops I mean tech media (appologies to the the Ballad of Marshal Mcluhaun vimeo.com/8022406)!
Hello Mr. Cringely. The RSS feeds to the articles on your site seem to be broken, which means I am no longer seeing your content in my daily roundup. Have tried these two:
http://feeds.feedburner.com/ICringely
http://www.cringely.com/feed/
Hope you can fix them. Or is there a new RSS link?
Bob,
If you go on tour I would strongly suggest you (or some one you know) compose a very energetic opening number (song) to get the audience into the mood for the event.
When I worked at Legato (before it inhaled by EMC), the CEO would enter company events to the Rolling Stones’ ‘Start me up’……. While I am a big Rolling Stones fan, his using this song just never quite worked for me.
I’ve always felt that “Start Me Up” is one of the Stones’ worst songs. I admit the fact that MS used as it’s theme song for kicking off Windows 95 didn’t help, but even before that I didn’t think much of it.
I think the song was most appropriate.
Roughly 17 of the lines are about making “a grown man cry”.
The comments about a dead manage, well, creepy.
Err, dead man are, not dead manage. Although, oft from the brains of spell checking software…
We are in the middle of a huge, global experiment. One the one side we have the American model of almost infinite copyright, fiercely defended by the RIAA and MPAA middlemen, who load on extra costs while a pittance goes to the artists – see http://articles.baltimoresun.com/2012-08-27/entertainment/bs-ae-sugarman-film-20120824_1_strydom-royalty-checks-music-industry for an example.
On the other side, we have the rest of the world, where copyright does not exist or cannot be practically enforced. Where people in the industry really have to hustle and be creative to make a dime.
Which paradigm will prevail? My bet is on the open, crowd-sourced concept. A Korean Psy going Gangnam will become the mainstream (how many DCMA takedowns has he issued?) and the locked-down Americans will fade to obscurity. Your children are going to grow up listening to world music for this reason. The Beatles will pass them by because Apple and Apple took so long to come to their senses.
For bloggers, the equivalent of “going on tour” is speaking at conferences.
I agree with Bob’s perspective. The angry musicians are venting in the wrong place. Take a look at Amoeba’s vault and you’ll see that their inventory is both tiny and obscure. I doubt that an organization of their size will be able (or motiviated) to digitize enough tracks that anyone would ever see any significant royalties, be they Thelonius Monk, Ronald Reagan, or the Burbank Philharmonic (all have tracks available). Now, if Sony or EMI takes the idea and runs with it, then the artists may have something to scream about.
Looking forward to a Cringely Tour. Maybe you can get “Texas” Alexander to be the opening act ?
I’m really curious where this report of the $15 million budget comes from.
I read that when Napster first appeared, CD sales increased. That makes sense. Napster got people excited about music again. It basically acted like a new kind of radio station.
Then it was killed.
People in the music business should learn marketing skills. People in the retail industry already know. They don’t expect to make a profit on 100.0% of what they stock. The most important thing is to first get customers into the store.
Bob… i am your fans, l like you.. i will get a ticket to your next concert.
I think the big issue here is the “put it up online and charge for it, but will only pay the artist if they come forward” approach. It’s a potentially very damaging model to extrapolate out to other industries and across other platforms (such as if Google adopted it for books).
And it gets potentially trickier for music, where there might be a group of four or five people who have a right to payment for the music, or have already signed away the rights to a publisher.
[...] Links of the day | 在网上找到 Posted on December 11, 2012 | Leave a comment ShareAmoeba Music’s Vinyl Vaults is no Napster – I, Cringely [...]
It appears that you can’t search just for just the down-loadable options.
I guess just one way to help push the rest of their products
[...] Amoeba Music’s Vinyl Vaults is no Napster, despite what musicians [...]
You guys are brutal! Most musicians and music entrepreneurs are not in the Elton John league, any more than your average software engineer is making Larry Ellison kinda dough. There are of plenty of mid level artists being harmed (in the commercial sense) because CD sales are gone, and the meager download revenue will get even more meager with Spotty et al. And just cause all but the top 1% of musicians have been getting ripped off forever, it doesn’t mean we should continue to screw them and claim that just cause its inevitable, it’s fair.
Finally, many artists are playing for dozens of people, not thousands, and for them, touring is expensive and CD and merch sales are the only way they make ANY money after travel and production expenses are paid. So if you know any professional musicians, please buy them lunch, cause they’re probably broke.
What about cover songs? I noticed they have at lease one record of Beatles cover songs, shouldn’t they have to pay mechanicals everytime they sell those songs?
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