Mad Mad Media

Tuesday, October 17, 2006

Editorial: Allofmp3: Too legit to quit?

“Of course, we will survive. The music industry is rapidly changing and we will change with it.”

That line was issued in a virtual press conference today by the bargain-basement Internet music store, allofmp3.com.
In the press conference, the Russian-based website that sells full CD downloads for around $2 to customers worldwide vehemently denied accusations by the Recording Industry Association of America (RIAA), International Federation of the Phonographic Industry (IFPI), the British Phonographic Industry and music labels including Universal Music Group, Warner Music Inc., SonyBMG Music Entertainment and EMI Group PLC, that the site is selling copyrighted material illegally.
“AllofMP3 is a legitimate business that is incorporated in Russia, pays taxes in Russia and pays royalties to the iTunes).
The company says it pays 15% of its sales to the Russian-based society ROMS, the Russian Multimedia and Internet Society, as royalties for the artists (the record companies have allegedly refused all attempted payments from ROMS) and the prices on its site reflect the actual cost of a CD in Russia.
So what is the truth? Good luck on this one. International copyright law is about as complicated as putting together an internal combustion engine without instructions or a working knowledge of mechanics.
Length of copyright protection varies from country to country, as does the level of enforcement.
In the US, the RIAA has lead a charge against illegal file sharing — sharing music on services like Napster — suing companies and users for copyright infringement. And, not to side with an organization that has been successfully sued for price fixing, but they are right about file sharing — it is stealing.
But allofmp3 represents a fascinating gray area. It does appear to be a legitimate company, they do appear to comply with Russian law (no matter how lax anyone says it is), they do appear to be attempting to pay artists for the legitimate sale of their music, and (without any advertising at all) have attracted a worldwide customer base.
I am in no way going to claim that I am an expert on media law — in fact, I would bet that most people who are experts in media law couldn’t say whether allofmp3 if this is breaking the law or merely bending it. I am also NOT going to recommend shopping there until they get their legal issues settled.
My opinion though is that allofmp3 may be the future business model for all legitimate music download sites. It at least raises some rather obvious concerns about the current state of the music industry:
Why do music downloads cost the same as (or more than) the cost of purchasing a physical CD — even after you strip away the expensive packaging, distribution, losses due to breakage during shipping, credit for theft, and other pricing points that cause CDs to cost between $8 and $15?
Why does it cost $2 for a CD in Russia and $15 for the same CD here?
Does international copyright law allow all countries to participate in the sale and distribution of digital music on a level playing field or is this once again an intricate international music price-fixing scheme?There is a great myth that we are moving toward an international marketplace. If this is true, businesses like allofmp3 are going to exist — legitimately, and the copyright governing agencies and online music stores are all going to have to suck it up and compete.

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3 Comments:

  • In the 90's, Italy had an equally confusing law concerning the sale of live audio recordings. Companies could manufacture a live CD of a band, if they put a portion of the proceeds into an escrow for future "good faith" royalty payment negotiations with the band or their representatives. And that money would sit and sit because there was really no incentive for the manufacturers of the product to pay. You have no idea how many crappy live Green Day and Nirvana CDs are out there.

    By Anonymous Anonymous, at 4:50 AM  

  • I am familiar with numerous live Cure recordings that came out of Italy (and other European countries). They were all pretty bad.
    I had several live Cure records and I had a ton of trouble selling them on eBay (even though the records were probably pressed within the legal guidelines of the individual countries they were produced in).
    Also in the 1990s, the RIAA tried to stop used CD stores from selling recycled CDs, saying the shops were cutting into the sales of new CDs.
    Of course, this opened up the RIAA to questioning from Congress on why CD prices were so high in the first place. The RIAA was eventually sued in the Compact Disc Minimum Advertised Price Antitrust Litigation, which they settled for $143,075,000 ($67,375,000 Cash and $75,700,000 Non-Cash Consideration).
    True to form, the RIAA said they would donate CDs to libraries across the country, and dumped entire collections of worthless overstock on them, including copies of Michael Bolton's Greatest Hits.
    Truly kings among men.
    Thanks anonymous

    By Blogger Eric LaRose, at 9:49 AM  

  • I remember JT's had a large Garth Brooks poster, and they put a talking bubble over his head that said "send me a dollar if you buy my cd here" or something to that effect.

    The RIAA gave up on that, but it sure is funny how police can't get a handle on the online predators and identity thieves, while the RIAA can effortlessly track and successfully sue someone for several thousand dollars for illegally downloading "Rumpshaker" from their Commodore 64 in Madagascar.

    By Anonymous Anonymous, at 8:43 AM  

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