To a Mother Concerned About File-Sharing

The editors of Musicianswages.com have invited musicians and bloggers to answer a mother's question to them about her teenage son's propensity for online file-sharing:

I have a teenage son who tells me his pirating music is no big deal. Since he is a musician himself, I point out to him that someday that’s going to be his money people are stealing. But he remains unphased.

He tells me the record sales make money for the record label, not the artist. He says that the artists make all their money from touring and live concerts. He thinks the pirated music promotes the concerts and therefore helps the artist make more money. I still don’t allow pirating in my house.

But tell me what you think - as artists out there having your work “shared,” are you just glad to have it being enjoyed, or does it bother you? Admittedly, he is stealing music that is recorded by major record labels, so maybe its different than the independent musician working for his living. But I’d still like to hear what you think.

First off, the concept of exposure is completely bogus and overused as an excuse to exploit artists. Your son needs to drop that argument out of his arsenal.

Beyond that, I think sharing music isn't black and white. Aside from concerns of legal and computer safety (Limewire's a great way to pick up a virus), the occasional use of file-sharing sites doesn't strike me as awful. When I buy an MP3 off iTunes, it annoys me that digital rights protections prevent me from sharing that tune via email with two or three musicians who might need to hear it for an upcoming gig. I think making a reasonable number of copies of music you have purchased is OK. Unless, of course, we are talking about my music.

If we are talking about my music, aside from the MP3s I have made available for free on my website, I would like you to purchase it. Inconsistent? Slightly. But honest. Look, I have no control over what you do in your home, with your computer. But I realized things were changing when, at a gig, a fan stood in line to buy a CD from me. "Which one should I get?" she asked, looking at both my indie releases. Her friend was standing there with her. "I'll get one, and you get the other, and we'll burn them for each other," she announced to her friend, right in front of me. I was a bit shocked and not sure what to say. I can't recall if I reminded them that I earn my living by selling my recordings.

But it bothered me (and it wasn't the first time the words "burn a copy" had come up at a gig). I asked around for a good comeback, and this is what someone suggested: "Every time a fan burns a copy of my CDs, it burns a hole in my pocket."

I agree that at an indie level (and as musicians) we aren't really in the record business, we're in the performing business. However, music recordings have become so commoditized that fans often forget what may have gone into a quality production. Of course, spending $25,000 or $50,000 doesn't turn a so-so musician into a great one, and no amount of money will purchase soul and creativity. One hopes that the details of arranging, session musicians, and professional engineering, editing, mixing and mastering don't go unnoticed, however.

Copyright protection has waxed and waned over the course of history. We have relatively high compliance with anti-piracy laws in our country, but many others don't. Personally I fall slightly more on the side of the copyright holders than the freedom seekers (as in free software). However, I've benefited from the contributions of both.

I've also travelled to other countries and been showered with gifts of pirated, poor-quality CDs and DVDs made by filming movie screens. I agree the rules seem different when we're talking about major labels. It feels like taking pens and stationery home from the office. But if it were me being pirated -- unless I was very, very rich -- I'd feel differently.

Ultimately, I think it should come down to the publishing concept of fair use (as opposed to commercial use). I can print a paragraph or two from a book I am reviewing in a magazine. I cannot print an entire chapter without permission from the publisher and author. I can make a few copies of music I purchase. I cannot enable that commercially available music to be shared by millions. (I can also go to the library and check out the album.) That seems fair.