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The Digital Evolution of Bootleg Culture

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When I owned a record store in the early ‘90s, a guy would pull up in his van once a month and hawk a selection of bootleg CDs. These discs contained recordings of live concerts, out-of-print rarities, and unreleased demos of your favorite band. I admit that I bought and sold more than a few, as the super-fans prized these limited (and often high-priced) CDs. It was a small scene — though morally precarious the distribution of these discs was regulated by extreme scarcity.

Napster and other file-sharing sites eliminated the scarcity, to a degree, but access was still for those ‘in-the-know.’ But as the internet crossed the chasm, technical inexperience was less-and-less a barrier to finding the unreleased stuff.

Distribution barriers have also crumbled — overwhelmingly a positive development — and pay-to-distribute services like Distrokid and CD Baby now supply releases to streaming platforms with minimal vetting. More-and-more of these instant-distribution services are popping up, with Spotify recently announcing their own direct-to-platform portal.

It’s not surprising that these technological advancements have bolstered seedier elements. That’s the story of the internet, and bootleg culture’s exploitation of the available tools is inevitable. Both scarcity and exclusivity of access have been eliminated, and so we can probably get used to episodes like this (via Music Business Worldwide):

The two [bootleg Beyoncé] albums, released under the name “Queen Carter,” were on Spotify and Apple Music for around a day, long enough to generate furious traction from Beyoncé fans on social media, before being taken down. And the albums came out shortly after R&B star SZA also “released” music under a fake name (“Sister Solana”) that turned out to be stolen demos as well.

Soundrop, an independent DIY distribution service through which both Beyoncé and SZA’s tracks were apparently uploaded via different accounts, says it is working with authorities in an investigation into the “potential intellectual property theft” and that it took down the music as soon as it was aware that it breached the company’s terms of service.

… and then there’s this, via Film School Rejects:

[The movie] One Cut of the Dead should never have been on Amazon Prime to begin with. In an email to Film School Rejects, Third Window Films owner Adam Torel confirmed that the film had not been uploaded by either his company or Nikkatsu, the organization in charge of sales for the Asian marketplace. “I saw some posts on Twitter saying it was available on Amazon Prime in both the US and UK,” Torel explained. “Considering the UK theatrical [release] is January 4th, and as it was very hard to get an Asian independent film into cinemas, you can imagine how much I started to panic and fear for my chances of getting Asian indies into cinemas from now on.” […]

For many, this was an ugly introduction to Amazon Prime’s dual nature as both a streaming platform for Amazon’s high-profile acquisitions and a self-distribution platform with little oversight. “Amazon has this whole section that effectively operates like YouTube,” explains Todd Brown, head of international acquisitions for XYZ Films, “and is governed by the same laws as YouTube, which really absolves Amazon of a lot of responsibility for what people do on the platform — but, from the outside looking in, appears almost exactly the same as the fully Amazon-controlled, curated service.”

There is a delicate balance between ease-of-access (and democratization of distribution) and the illicit exploitation of these tools. On the one hand, it’s incredible that anyone can have a self-released film on Amazon Prime next to Hollywood blockbusters. I’m 100% in favor of that. On the other, IP owners may be looking at an endless game of whack-a-mole on platforms with the perceived legitimacy of, say, Apple Music. That’s troubling.

The services, both on the distribution and DSP sides, should look at a robust method for spotting these oversights. Ideally, there would be an independent watchdog organization that worked with all DSPs to remove infringing or bootleg content. Of course, that will never happen because there’s no one to pay for it, and there’s no money to be made. The more conspiratorial of you may argue that actively eliminating this content is seen as money lost, explaining the lackadaisical takedown environment. But reputation and authority are at stake. In the short-term, the profits matter, especially to shareholders, but the absence of prestige and position will create destructive long-term problems. Just ask Facebook.

Which brings us to Beatport and the logical next step in the evolution of the digital bootleg. 5 Mag has been reporting on a ‘prolific’ dance music producer who isn’t simply plagiarizing — he’s releasing other artists’ material as his own. And he’s been doing it unimpeded for at least a decade:

Incredibly, it appears [Flavio] Lodetti’s alleged plagiarism was first discovered when Lodetti sent demos of stolen tracks to the person who made them. On January 7, Gábor Szeles, proprietor of Witty Tunes, posted a warning on Facebook addressed to label managers and producers that “an artist called FLOD” was claiming other people’s work as his own. […]

Multiple producers have posted screencaps of their inboxes with a “flood” (sorry) of emails from Lodetti submitting a half-dozen or more demos at a time. Apparently quite a few bit: new tracks from Lodetti are still being identified and traced to earlier releases from other producers as we speak. “Unfortunately as a result of this post I double checked the upcoming single I signed from Flod and as you would expect it’s a stolen track from 2015,” one label manager wrote in the comments of Szeles’ post. “There’s not even any changes made to it.”

I’ve heard of this happening before but not at the scale that Lodetti has achieved. A follow-up by 5 Mag confirms that a release as far back as 2010 was a master recording stolen outright from another producer. How widespread is this practice? I fear it’s more common than we imagine, and extends to all the independent platforms — Bandcamp, Traxsource, etc.

It’s curious that Beatport doesn’t have a Content ID-like tool in place to identify the resemblance of newly submitted tracks to releases already on the platform. Beatport may see the problem as infrequent, thus not warranting the investment. But, again, there are numerous examples of pirated tracks showing up on Beatport in the past — tongues are wagging on dance music producer forums — and it’s going to get worse. Lodetti’s exposure may shame him into obscurity, but, as with the One Cut of the Dead and Queen Carter incidents above, it also shows how easy this is to pull off without much repercussion.

Streaming’s Song Disparity

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Buzzangle Music’s 2018 U.S. Music Industry Report has tongues wagging this week as there’s a lot of information to analyze and digest. Everyone agrees it shows a music industry in transition (though, when was it not in transition?) and growing financially. I may highlight other aspects of the report in future posts but, for now, let’s focus on this nugget via Rolling Stone:

The most popular 10 percent of songs accounted for 99 percent of all audio streams. … Flip that statistic around: 90 percent of streamable music is responsible for just one percent of actual streams.

That concentration was only a smidgeon less severe at the top of the distribution in 2018, according to BuzzAngle’s latest report. The top 500,000 most popular songs in 2017 accounted for 93.6 percent of all streams. The comparable number in 2018 fell the tiniest bit, to 92.4 percent of all streams.

Music Business Report takes a rosier view of these statistics:

The interesting bit: in 2017, the USA’s Top 500,000 tracks racked up 14.6-times as many audio streams as every other piece of music. In 2018, however, this multiple had fallen significantly, down to 12.2. Despite on-demand audio streaming’s overall volume growing by 41.8% in the US in 2018, the actual number of plays dedicated to the Top 50 tracks fell harshly – down by a pretty shocking 74.6%. […]

In other words (give or take a couple of billion streams): pretty much all of the growth in the US audio streaming market last year came outside the Top 500 tracks (aka outside the weekly Top 10 chart).

I suppose that could be interpreted as great news for independent labels though the popularity of back catalog on streaming platforms might cancel out some of the joy. But is this disparity really a consequence of streaming? Twenty years ago, I’m not sure if 10 percent of songs represented 99 percent of what was played on the radio, or sold in all record stores, but I bet the statistic was close. I’m not as alarmed by the statistic as some.

And if the disparity has indeed gotten worse, then that may also be representative of other factors than the platform. I’ve thought about this a lot, and I was pleased to see Rolling Stone hit the nail on the head with this easily overlooked sentence:

… the fact remains that the rampant inequality that has become pervasive in other aspects of American life is similarly acute in the streaming-verse.

A Punk-Rock Gut Punch

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Another dispatch from out in the sticks. Howdy. Proverbial country road pictured above.

There’s a fantastic photo in NPR’s In Memoriam 2018: The Musicians We Lost. An emotive Glenn Branca is pictured in the center, and this is one of the best concert photos I’ve seen in a while. There’s so much energy there, like a jolt of Jolt. I assume Glenn is pictured in the midst of conducting his guitar-based ‘orchestra.’ 

The In Memoriam piece is striking, as these tend to be. There are a lot of special music folks we’ll be missing in 2019. For me, in addition to Branca, losing Mark E. Smith and Pete Shelley in one year is a punk rock gut-punch.

I don’t need another ‘favorite albums of 2018’ list — going through the ones I have bookmarked already could last well into next summer. I should be listening to 2019 music! But Austin Kleon, via his amazing blog (another inspiration for what I’m trying to do here), turned me onto a tantalizingly diverse ‘best of 2018’ list from music writer Ted Gioia.

Kleon titles his post ‘The Agony of List-Making’ and expresses a frustration with making public recommendations under the scrutiny of the internet mob. Gioia eases his own misgivings by presenting his list alphabetically, not allowing any title to receive a crown above any other. Kleon highlights this quote from Gioia’s list post:

Like any music lover, I enjoy sharing my favorite music with others. But in the last few years, a different motivation has spurred me. I believe that the system of music discovery is broken in the current day. There is more music recorded than ever before, but it is almost impossible for listeners to find the best new recordings …

I believe we are entering another era of music discovery, as listeners experience playlist fatigue and blogs continue to lose sway. These personalized lists, from close friends and selected ones from respected total strangers — chefs, movie directors, music writers, etc. — will hold the real power. Recommendations like these have always been the truest source of discovery. But we — as music fans rather than casual listeners — lost our way for a bit as streaming took hold, fascinated by algorithmic playlists and unlimited access.

Optimistically, these personal interactions of recommendation foster more intimate relationships with our music. On the other hand, this could all be my imagination as friends have been recommending music online since those early-90s message boards. But I do feel like there’s a dissatisfaction with playlist culture and how it’s pushed on us by certain platforms. This is a reason I switched from Spotify to Apple Music, something I’ll write about in the future. And this dissatisfaction will grow as playlists and platform features bow further to corporate influence. I used to wonder why Bandcamp didn’t have a playlisting feature — now I get it.

In other news, Big Shot Magazine kindly asked for a 2018 recap and I delivered a few reflections. I mainly talk about the launch of 8D Industries but I also touch on curbing the news diet, a recurring topic around these parts. The Ryan Holiday quote in the piece should be mentally taped above every screen at home, whether it’s a TV or a laptop:

Perhaps it’s time we realize that consuming more news about the world around us is not the way to improve it (or ourselves), personally or politically.

Holiday has written a few articles on why we should abstain from breaking news. They’re all worth a read. 

I’d also like to point out that I meant to refer to the long album version of “Bunny’s Dream” as a favorite song of the year. The video edit embedded in the article doesn’t quite have the majesty or the sprawl and, like many unsuccessful edits, feels rushed in comparison to the original. 

A question I posed to my social media friends: will people be playing Paul Hardcastle like they were playing Prince on NYE 1998? Of course, this is meant as a joke but I know I gave some DJs an idea for a midnight song on Monday. Please report back if you took the bait.

The Album, If You Want It

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The streaming model has led to many changes in how we create and consume music. One impact debated as much as any other is the supposed decline of the album as a format. From the outside, streaming seems tailor-made for singles, and many artists are taking advantage of this, consistently releasing one-off songs on streaming platforms, effectively building hype and, in some cases, hits. Some are suggesting the music industry is experiencing a throwback to the ‘50s when singles ruled, and the idea of a self-contained long-form artist statement (i.e. an album) was distant at best.

Billboard is looking back to 2018 as a harbinger of what’s to come:

In case you hadn’t heard, streaming is now king, and 2018 was a case study in how abandoning old-school recording cycles in favor of experimental, fan-favoring workflows can yield tremendous success, even when physical music sales continue to plunge. […]

Executives from both the recording and streaming industries agree that it is no longer the restraints of a physical medium (vinyl, CD, etc.) or shelf space that dictate the impact or capacity of an artist’s work; the real battle is now fought against fan distractions.

I would agree with this, and I also agree with the article’s leaning to the opinion that the rulebook for albums is torn up, thrown out. It’s not that albums are old-fashioned; it’s that we’re at a place where an artist is free to create a statement that best suits her music and fans.

Looking to the past, we can remember purchasing a ten song album — CD, cassette, or vinyl — and finding out there were only one or two good songs. It felt like the record companies were conning us. Arguably, a factor in the quick rise of Napster was dissatisfaction with high-priced CDs featuring only a couple of ‘good’ songs.

I submit that it wasn’t necessarily a record label con. The ‘one good song’ artists shouldn’t have been releasing albums in the first place. There are artists adept at crafting brilliant singles, and there are artists able to make a stunning album statement. Sometimes an artist can do both (mid-80s Michael Jackson or Prince are obvious examples), but I think that’s rare. And a lot of artists had no choice but to wrap a mediocre album around their great, hit single. That’s how things were done before streaming.

In 2018 (going into 2019), artists have the freedom to create in a way that best suits their output and their fan expectations. Childish Gambino can impactfully drop “This Is America,” and Drake can succeed with a 25 track album. Nine Inch Nails can release a 30 minute EP and call it an album, and it’s cool (keep in mind, Van Halen didn’t release an album that clocked in over 35 minutes until David Lee Roth quit.).

Monta At Odds

Just as a singles artist doesn’t have to release albums, an artist best suited for albums is free to still work in that format. Take our 8D Industries artist Monta At Odds — the album Argentum Dreams is intended as a cohesive piece for listening from front to back. There are a couple of songs that might work as one-off singles, but the Monta At Odds fanbase expects an album and expects the band to take them on this 40-minute journey. If Monta At Odds started releasing a single every month, their fans would be confused and probably listen elsewhere. And an artist finding success with consistent singles would lose fans if she took eight months off to record a concept album.

Once again I’m emphasizing freedom as the defining element of our new music landscape. The album isn’t dead — it’s there if you, or your fans, need it. Be intentional, and understand what you’re trying to say and how your fans want to listen. If that warrants a series of four-song EPs, or a weekly single, or a sprawling 20 track album, then you’re golden. You can do any of that. You could even do all of it if it works. Or, most importantly, you can come up with your own format and schedule — a new expression that might be a single, or it might be an album, but it’s definitely all you.

The Best of Music to Check Out

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How have end-of-the-year album lists changed since the advent of streaming? I think they’re entirely different, both in how the lists are compiled and how we, as music listeners, read them.

‘Best Of’ lists weren’t as freewheeling as they are now. There was pressure for the publication and its critics to have selections in the top slots that were familiar to the reader, even if just casually. And it seemed that lists were limited to a top 10 or 20 — 25 if we’re feeling crazy. After all, these were suggestions of music you should buy. Previewing these releases, if you were so bold, meant taking the list to the record store and asking the person at the counter to play a little bit off each record. You’re out of luck if there aren’t any open in-store play copies.

These lists are no longer meant as suggestions for purchasing — it’s music to check out. Fire up your favorite streaming service and take the top ten for a stroll. Or, if you’re feeling ambitious, sample the entire list. But that can take a while as today’s end-of-the-year album lists can go to 100.

The differences don’t stop there. While the pre-internet year-end music lists in Rolling Stone or The Village Voice included selections that generally spanned all genres, online publications offer specialized options. It’s curation, in a sense — find the site or blog whose taste you trust, and that’s the ‘Best of’ list meant for you. And these specialist sites (and even more general music sites) have no attachment to keeping things safe and familiar — it’s not rare when an album you haven’t heard of occupies the number one slot.

I’d argue that, in most cases, these are no longer ‘Best Of’ lists, but they’re more like playlists. That is, playlists of albums rather than songs (though there are ‘best song’ lists, too), curated by the taste that guides a blog or a site’s editorial staff. A top ten has always been subjective, sure, but now we’re talking about albums that we should sample, not purchase with hard-earned money. In a way, this makes these lists less subjective. “These are the albums that we enjoyed this year and, if you like our site, perhaps you will, too.” The difference is listener investment, and, though there are also some negatives to that (which we may discuss someday), it does inspire risk-taking.

I’m not saying the critic doesn’t believe his or her album is the best of the year. But I do feel the path to making that choice and the other choices that populate the rest of the list are less determined, less rigid. And I’m happy with that.

I’ll be sampling a handful of ‘end-of-the-year’ lists over the next several weeks. It’s a December tradition. I’ve picked my favorite lists, and I’m going through them, giving each album at least a three-songs-chance before I decide “yay” or “nay.” I’ll make a note of the ones I like the most and will go back to them later for repeated listens.

This last part is essential. One significant difference in charts then and now is that if you purchased the album, it had better be good. You lived with it for weeks and got to know the album, sometimes even if you weren’t crazy about it. That’s the attachment of investment that streaming doesn’t offer. As music fans, we now have to be intentional in our listening. Streaming is nothing more than a tool for access, but it encourages a casualness by nature. The majority of music listeners have always listened to music casually, so there’s nothing lost there. But if we’re die-hard music fans, it’s necessary to be aware and vigilant in our habits as streaming users.

OK, here are the ‘end-of-the-year’ lists I’m listening through:

Once I’ve exhausted those (unlikely, as it’s a lot!) then I may explore what I haven’t listened to in the more general lists, such as Pitchfork’s The 50 Best Albums of 2018 and The Best Electronic Music of 2018, and NPR’s Best Music of 2018.

Happy hunting! I’d be curious to know your go-to end-of-year lists … and your album picks.

Why Streaming is the Future of DJ’ing

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Download sales are in a free-fall as acceptance of music streaming continues to grow. If you’re in the dance music industry, you might feel some immunity (at least for now) as DJs are your primary customers. And DJs have to download, right? They still need the digital files on a USB, or a CD if they’re (ahem) old school. Well …

Complete Music Update:

Dance music download platform Beatport has acquired Pulselocker, the DJ-centric streaming service that ceased operations late last year.

Pulselocker allowed DJs to access music to include in their sets. It integrated with various DJ software and hardware systems, worked offline, and reported usage back to rights owners. As a result of the deal, Beatport plans to utilise Pulselocker’s patented technology within its own planned streaming service later this year.

Coverage of this acquisition has noted that Beatport previously attempted a streaming service and failed. But it’s easy to see that the plan here is much different. While Beatport’s earlier streaming ambition was to be like a dance music Spotify, the Pulselocker acquisition promises something new: a subscription streaming service for DJs.

I remember once terrifying a DJ friend of mine with the prediction of a ‘Wi-Fi CDJ’ that would access the DJ’s library from the cloud. The result is not that much different than inserting a USB, really — the DJ would be found scrolling through song titles on the CDJ’s screen and queuing selected tracks for play. It made sense for this prediction to be subscription-based, and for the DJ to be able to organize the catalog with folders and tags beforehand using an app. There would also be an offline element in case the network connection got spotty. My friend was worried as this alternate future killed dance music’s market for downloads.

But the last market flying the flag of paid downloads isn’t as healthy as we’d like to believe. DJs are a tribal group, bonding tightly over music and club life. The thought of piracy may not ever enter their minds but sending MP3 copies of a dozen hot tracks to a DJ buddy is an acceptable notion. The dance music world is also rooted in an often desperate promo culture, with labels sending links to free downloads of the latest release to hundreds (sometimes thousands) of tastemakers in one go. Don’t get me wrong — many DJs are still buying downloads, but many others are incentivized not to.


The streaming DJ set-up is disruptive and offers an alternative. The convenience of instantly adding to one’s library transforms copying and sharing amongst DJs into recommending. And I can also see promo services doing deals with Beatport or other streaming-for-DJ services, allowing private ‘lockers’ of pre-release music accessible only through invitation.

There is an issue of bandwidth and audio quality. Discerning DJs prefer the uncompromised quality of a WAV or AIFF audio format, which means large file sizes. But bandwidth and speed are always getting better, and I can imagine these futuristic CDJs utilizing a cellular network in addition to Wi-Fi internet, or can be reliably wired in by ethernet or other systems. There’s also the offline option, and I guess that libraries would be downloaded ahead of time into temporary onboard memory – or transferred to a USB for backup – in case of network failure. If this all works as planned then why even play MP3s? The DJ has the preferable WAV or AIFF option at her fingertips (or, likely, a future lossless format devised for streaming DJs) so why settle for inferior sonics? The overall sound of clubland improves.

For labels and self-releasing artists, the available data will be mind-blowing. Theoretically one could check stats on a Monday morning to see how many times a track got played over the weekend, in what cities, and maybe even — if these future CDJs are geo-located — what clubs. There’s also a payment to labels per play which might mirror Spotify’s subscription model (though I hope Beatport considers adopting a subscriber share model). At first, this may seem a severe downgrade from download income, but when one considers the decline in shared MP3s and the potential monetization of promos (not to mention the improved potential for discovery), then things get a little rosier.

Another factor making a difference is the conceivable ease of reporting venue play for performance royalty collection. Ideally, I’d like to see the streaming service or even the CDJ itself automatically report the set list to performance rights organizations. If that doesn’t happen, then the DJ or venue can easily output a list of the songs played during a set for online submission. This innovation, coupled with the advent of audio fingerprint technology in play identification (already being tested in a handful of countries such as Germany and the UK), helps solve the longstanding problem of inaccurate distribution of venue-related performance royalty. Historically, a nightclub’s yearly license payment to a performing rights organization (such as BMI and ASCAP) goes to an assumed pool of top-tier artists, no matter the music policy of the club. These technological solutions would radically change the landscape, and non-mainstream clubs could finally see their mandatory licensing fees going to underground artists. So, in the near future, a dance music producer could find direct income from DJ play via streaming subscriptions and venue performance royalty.

It’s inevitable that DJs will use streaming or cloud-based services as their ‘record crates’ (well, save for the vinyl hold-outs — like me). DJs are not strangers to disruption, having transitioned from 12”s to CDs to USB sticks to laptops in just over thirty years. But this is the big one, changing how we select, promo, discover, collect, play, and monetize. The art of DJ’ing responds to the technology so it will be interesting to see how this next step affects the DJs, their ingenuity, and the sounds they play.

The Digital Dispute Over Mechanical Royalty

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Lots of confused, angry, and wide-eyed rumblings due to Spotify’s latest legal pronouncement. The Hollywood Reporter explains:

What {Frankie Valli and the Four Seasons member Bob} Gaudio’s lawsuit alleges — as did the prior class action — is Spotify is violating the reproduction rights of publishers and songwriters. Those making a mechanical reproduction of a musical composition can obtain a compulsory license and bypass having to negotiate terms with publishers. However, those doing so have to follow certain protocol like sending out notices and making payments. The lawsuit claims that Spotify hasn’t done an adequate job of doing this.

In the past, Spotify has pointed to the difficulty of locating the co-authors of each of the tens of millions of copyrighted musical works it streams. It fought the class action mainly on jurisdictional grounds as well as challenging whether the lawsuits were ripe for class treatment. But Spotify seems prepared to go another step and set off a legal firestorm by now challenging what rights are truly implicated by streaming.

“Plaintiffs allege that Spotify ‘reproduce[s]’ and ‘distribute[s]’ Plaintiffs’ works, thereby facilely checking the boxes to plead an infringement of the reproduction and distribution rights,” states a Spotify motion for a more definitive statement from the plaintiffs. “But Plaintiffs leave Spotify guessing as to what activity Plaintiffs actually believe entails ‘reproduction’ or ‘distribution.’ The only activity of Spotify’s that Plaintiffs identify as infringing is its ‘streaming’ of sound recordings embodying Plaintiffs’ copyrighted musical compositions.”


Spotify is implying that digital streaming doesn’t entail reproduction; thus the service never owed mechanical royalties in the first place. If you’re confused (and that’s understandable), Complete Music Update gives a solid explainer:

In music, and especially music publishing, a distinction is commonly made between the reproduction and distribution controls – often referred to as the ‘mechanical rights’ – and the performance, communication and making available controls – commonly referred to as the ‘performing rights’.

When you press a CD you exploit the mechanical rights but not the performing rights. When you play a song on the radio you exploit the performing rights but not the mechanical rights. But what about digital?

Copyright law doesn’t usually state which controls the digital transfer of a song or recording exploits, though generally the music industry has treated a digital delivery as both a reproduction and a communication (or a reproduction and a making available) at the same time. A download only exploited the mechanical rights, while a personalised radio service like Pandora or iHeartRadio only exploited the performing rights. However, with on-demand streaming of the Spotify variety, it has generally been accepted that both the mechanical and performing rights are being exploited.


(The full CMU explainer is worth a read.)

I admit, applying mechanical royalty to digital streaming seems a stretch at first. But what’s important to remember is mechanical royalty is not meant to be tied to purchase or the consumer acquiring the duplicated composition. For example, if a label manufactures 1000 CDs then mechanical royalty must be paid for all 1000 copies, even if only 50 sell.

Technically, streaming does require a download, though that download is immediately deleted from the device’s RAM. So, even though the listener isn’t purchasing or acquiring the song, there is a duplication taking place.

This does get tricky when one examines the separation of radio-style services (such as Pandora’s traditional streaming ‘stations’ and iHeartRadio) and on-demand streamers (Spotify, Apple Music). I don’t know the technical specifics, but doesn’t a Pandora ‘station’ download the file to a device’s RAM as well? Almost every other country in the world seems to think so, as the US is an outlier in excluding digital radio-style services from mechanical royalty payment.

If the issue of mechanical royalty and streaming goes to court, it will be watched very carefully as the precedent set either way would be monumental.

Spotify has already paid out tens of millions in settlements over unpaid mechanicals which is likely to be seen as an admission of guilt, hurting the chances of the ‘we should be exempt’ argument. So the money is on the status quo. Regardless, songwriters have a right to be concerned. The line taken by Spotify’s lawyers reveals that the company believes writers should be paid even less than they presently are.

Destroying the Perfect

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On the Building New Law podcast, Seth Godin had this to say:

We always destroy the perfect before we enable the impossible. For example, sonically CDs are not as good as vinyl, and MP3s are not as good as CDs. But this degradation is necessary to get to the technological point of ‘every song in your pocket,’ and audio quality will someday catch up.


And we’ve seen it before. The eight-track tape: sounded like crap but you could play it in your car. Then came the cassette, also crappy but you could go for a run with a Walkman at your hip. Compact discs eventually improved the quality and kept the mobility. But there’s another level of convenience that no one anticipated, which is the convenience of library and access. This facet was the promise of “every song in your pocket,” and that means it was a step back to move forward, courtesy of relatively lo-fi MP3s.

Are we now at the technological point of ‘catch up’ Godin mentions? For many of us, the bandwidth is now there, and bandwidth has been the primary constraint. Is it time to seriously upgrade our stereo systems for streaming? From BBC News:

Qobuz, along with rivals Tidal and Deezer Elite, offers streaming of “lossless audio” that throws nothing away.

“Is MP3 as interesting as it was ten years ago? Not really, because bandwidth has improved,” says Malcolm Ouzeri, head of marketing at French streaming and download provider Qobuz, founded in 2007. “Now the industry is going towards more quality.”

The highest quality MP3 has a bit-rate of 320kbps, while a hi-res file can go as high as 9,216kbps. Music CDs are transferred at 1,411kbps.


There is also talk of Spotify launching a lossless audio option. Some users report seeing this option in limited test cases. And then there’s the adoption of the LUFS standard by Spotify and other streamers, showing a renewed attention to sound quality. But many of these services make hi-res an add-on option. The rumor is that Spotify’s hi-res audio will be available as part of a more expensive monthly plan, as Tidal currently offers. A Qobuz ‘highest quality’ subscription is presently £349.99 a year.

I’m not sure if hi-res audio will make an impact as long as it’s seen as an add-on for those with extra change to spare. Even the option titles – such as Deezer Elite – make hi-res seem elitist. I don’t know what the additional costs are to the providers, but it will be wonderful to finally enter a world where hi-res audio is a sole and affordable option as bandwidth grows and accelerates. Once we’ve arrived, the only ticket for entry will be our choice of speakers.

My Every Day Album Discovery Routine

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I was recently asked, “what are you listening to these days?” I explained that I listen to a lot, and it’s because every day I aim to listen to an album I’ve never heard before

A couple of years ago I was writing a ‘best of’ list and came up short for my top ten favorite albums of that year. I realized I didn’t listen to a lot of new music and that made me feel stale. Of all people, especially in my line of work, I should be on top of what’s new. And one of my most enjoyed pastimes is discovering new music.

I made a pact to listen to an album a day, and one I had not heard before. It doesn’t have to be a ‘new’ album, just new to me. Bonus points if I’m not familiar with the album artist, too. I keep track of my progress by posting the day’s album on my Twitter feed. I’ll often add short commentary and post a link to an informative review or article about the work.

Digital streaming powers this process. Spotify is my personal choice, and the freedom I have to check out and discover new albums is exhilarating. It’s also addictive. And I know your next question: how do I find a new album a day?

I get my money’s worth out of my Spotify subscription fee as I’m using the service almost non-stop. Because of this, Spotify knows my taste well, and its suggestions are usually spot-on. My Discover Weekly playlist is fascinating every time it refreshes. You know the algorithm is doing its job when a song I loved a decade ago but haven’t thought of since pops up. And the Discover tab under Browse yields terrific album choices regularly.

However, I like getting outside of my comfort zone. Spotify’s choices reflect my taste as the algorithm sees it, and that’s cool. But I sometimes want to get outside of my perceived taste and find entirely new (to me) artists and sounds.

So, I pluck titles from the review pages of a few music websites. The ones I regularly visit:

  • The Quietus – I love that the music The Quietus reviews is all over the place. I never know what I’m going to hear.
  • Resident Advisor – Almost always in the electronic spectrum, RA’s album reviews are diverse and filled with treasures, and aren’t as dance floor focused as you might think.
  • Pitchfork – I know I’m not supposed to go here, but this is where I find what’s new in the broader sense. Relatively mainstream albums rub shoulders with underground gems, and I’m willing to sample it all.

I do have a few rules. I grab an album from the bottom of whichever review list I visit. The ones at the top might not be out yet, thus not available for digital streaming. I’ll give any album a chance for two or three songs. If an album doesn’t float my boat, I’m not going to listen to the whole thing. I move on and select a new album when a selection doesn’t satisfy or pique my interest. When I find an album that I’m into enough to finish, I’ll read the review to learn more about it. I’ll also do a quick search for the artist and album to see if there’s anything else I can glean. Then I’ll post it on my pages.

Know that when I post an album on Twitter, it’s mainly for my benefit. I’m keeping a running tab on what I’ve been checking out, and I like to look back to see what made a lasting impression on me. I’ll listen to those again someday, but only after I’ve digested something new. If you, the casual onlooker, consider my postings as recommendations and listen along then I’m flattered.

That’s the process. An album a day. I’ve missed days – in fact, I’ve missed a lot of days lately – as life and travel get in the way. But this has proven to be an enriching practice that I’d like to make into a daily routine. If you also love discovering music, then I’d recommend giving this schtick a try.

Side note: Here I am on Spotify. I don’t make my listening private, so you are welcome to see what I’m checking out in real time. I’m also proud of the playlists I put together and would love for you to give them a go.

The Upside of Music Piracy

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For a legacy act, taking a nuanced stance on the effects of music piracy is surprising and somewhat brave. But that’s what Def Leppard guitarist Vivian Campbell is doing in a recent interview with Ultimate Classic Rock:

“The way the band works is quite extraordinary. In recent years, we’ve been really fortunate that we’ve seen this new surge in our popularity. For the most part, that’s fueled by younger people coming to the shows,” Campbell said. “We’ve been seeing it for the last 10, 12 or 15 years, you’d notice younger kids in the audience, but especially in the last couple of years, it’s grown exponentially. I really do believe that this is the upside of music piracy.”


Techdirt has some thoughts:

This is the part of music obtained freely that never gets mentioned: the multiplier effect it has on a bands relevance and longevity. This isn’t to say that such a model works for every band in every instance, but it’s refreshing to see an artist step back and try to get the full picture of what’s really going on here. It would be quite easy for someone like Campbell to see the young faces in his audience and never give a second thought to how those younger fans got to a Def Leppard concert. By taking an intelligent look at that question, however, Campbell has reached a place where he’s found a friend where he might have seen an enemy.


It is extraordinary how attitudes are changing across the board as larger artists begin to find advantage in the new music paradigm. (When it comes to topics like this, I wonder how much influence Bob Lefsetz is having on classic rockers.) The only question I might have: is music piracy still a concern when it comes to younger audiences? Are teenagers and fans in their 20s still downloading files? As statistics show streaming gaining traction at an accelerating rate, one might assume Daniel Ek’s mission to eliminate piracy might be paying off.

Another side of the coin: Def Leppard are active on YouTube and engage on social media, regularly posting new content, which is also rare for a legacy band. Though Campbell’s perspective is refreshing, he may be off-base about the reality of what is mostly driving young fans to his band’s concerts.


Update: Music 3.0 blog also asks Does Music Piracy Still Exist In The Age Of Streaming?