September 4, 2007 4:30 AM PDT

Music exec says business model is 'done'

by Greg Sandoval
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Rick Rubin, the man who coaxed some of the best studio performances out of the Beastie Boys, L.L. Cool J and the Red Hot Chili Peppers, threw the curtain open on the music industry this weekend. What was exposed was perhaps more uncertainty and frustration than many may have expected.

A celebrated record producer who was recently named co-chairman of Columbia Records, Rubin made startlingly candid statements in Sunday's edition of The New York Times Magazine about the effects of the iPod, digital downloads and piracy on the music industry.

"Columbia is stuck in the dark ages," Rubin told the Times. "I have great confidence that we will have the best record company in the industry, but the reality is, in today's world, we might have the best dinosaur. Until a new model is agreed upon and rolling, we can be the best at the existing paradigm, but until the paradigm shifts, it's going to be a declining business. This model is done."

I repeat: the man making these statements is co-chairman of Columbia Records. He's kicking dirt on the music industry's business model before the industry has come up with a replacement. His statement couldn't have been more shocking had he picked up a bugle during the interview and blew "Taps."

What this means is that Rubin doesn't think the record business can survive unless it reinvents itself into....into what exactly?

Rubin spoke about an industry-saving technology that will render the iPod obsolete by allowing people to hear their digital music from cars, TV sets, cell phones--almost anything--for a $20 monthly subscription fee.

Sounds like a music locker to me or some version of the so-called jukebox in the sky. This is an idea that several companies have been pushing for a while--including Michael Robertson and his MP3tunes, which lets people store songs on the company's servers and then access them from any Web-enabled device.

Somebody should tell Rubin that the public has largely ignored such offers.

Another jaw-dropping revelation in the piece is that Columbia is flirting with the idea of asking artists to cut the label in on as much as 50 percent of their touring, merchandise and Internet revenue. Performers have typically been allowed to pocket concert and T-shirt money. As for revenue generated from digital downloads, I did a story recently about how a growing number of artists and music publishers want a larger share of Internet profits, not less, and are girding for a fight.

I cringed at some of Rubin's quotes. I appreciated his honesty but I'm guessing the suits at Columbia will probably castigate him for going public with his doubts. While it's no secret that CD sales are falling and Internet revenue isn't making up the difference, his statements won't do much for morale at Columbia.

Rubin's interview also underscored the music industry's determination to reduce its dependence on Apple and iTunes. The good news for Apple CEO Steve Jobs, judging from Rubin's comments, is that the record labels appear clueless as to how to make that happen.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Clue Free Greed
by ncgmcpherson September 4, 2007 5:18 AM PDT
Basically, as long as these guys worry more about greed than a good product they will continue to lose out and miss the boat. The model is so simple, mp3 files, 99 cents each. No different than the current CD method, which plays anywhere and can be ripped. Except it's cheaper since you don't have the manufacturing costs.

What the IP guys, software included, don't get is that if they make a good product they will make money, despite the thieves. If their product is crap, nobody is going to buy it. Economics 101. There will always be hackers who will get around digital rights. History is full of thieves who work harder at stealing than they would at a real job. That's just the world. These folks need to move on and serve their customers before the customers, and artist, decide to go somewhere else.
Reply to this comment
Greed or survival?
by Far Star September 4, 2007 10:41 AM PDT
The current model is broken because artists have seen where the golden goose is and the record production houses have just come to the realization that they are being cut out because they relied on things staying as they were in the 50s.

Simply put, artists make the bulk of their money from concerts (assuming they are popular or at least known) and merchandise. There are a few that still rely on CD sales (independents mostly) but these also make money the same way as well.

Now with the music getting out 'free' and powering the concert and merchandise side of the industry they see their days numbered and are grasping at whatever they can to live.

The only way their will survive is to become agents of change, get rid of the idea that subscriptions and high CD cost will save them and start looking to the real money makers for their slice. The artists. He hints to this in the idea of getting more for related sales but that's not going to work as it's simply another way to hurt the customer in the end. Better to make the artist pay more for all that the label offers. Package deals and such maybe. Become a service company and not a licensing one. Then, if they execute well, the artist will want to pay them for the premium. If not then well they were going to die anyway. :)

Greed, we all have it. It's called the desire to earn a living and survive. But till the record labels get out of the IP business they are doomed.
Dear Music Execs...
by Riquez-001 September 4, 2007 5:34 AM PDT
If you provide music to me in a simple way, easy to access &
without incompatible DRMs, I will buy it for a reasonable price.
I'll pay $20 for an album, because coming from the UK
originally, thats still cheap for me.
iTunes DRM free music is pretty good, you were making
progress there, at least it works for Mac & PC.
If you lock me into a DRM solution, or subscription models, or
require me to use MS whatever, then I will find another way to
get my music, such as illegal downloads.
Please, lets just drop this DRM mess, lets have mp3, aac or other
widely supported formats - just like how the CD is widely
supported & without DRM.

I'm obviously not in the position to make threats, but if you can't
see the resistance by now, here's whats going to happen - new
labels will arise, they will have more open rights management,
bands will move to these labels, you will be left with your
existing catalogues, those catalogues will become old, but all
new music will be open.

The world moves on, I'm sorry but you can't dictate how it
moves because so far, your ideas stink.
Reply to this comment
hear...hear
by smithjones September 4, 2007 6:25 AM PDT
I concur with Riquez-001 assessment.
It's not just the business model that is broke, it's the corporate
culture of the record industry that is dead, and while they may
be willing to change the business model, they are not willing to
change their corporate culture, because if you had power, you
will not easily give it up. Can you say, sadam, noriega, sen.craig.
While somewhat fictional, you can get a grasp of the industry
through the movie with John Travolta called, "Be Cool".
CD's and DRM
by ittesi259 September 4, 2007 6:46 AM PDT
In case you forgot, labels have been trying to get CD's with DRM for years...they just haven't found a way to do it without someone cracking it within 90 minutes.
he has no clue
by befuddledms September 4, 2007 6:07 AM PDT
I don't spend $20 a month on music because when something comes out that I like I buy the CD but that is a rare occurrence. Why would I want to pay $20 dollars a month to listen to music I have already purchased?

His idea of taking up to 50% of touring and merchandising is just pure greed. This is where artists really make their money. The average artist gets around a dollar or less from each CD sale. Out of that dollar they have to pay back the record company for all of the production costs to record the music. There are also other costs that they take out of that dollar so by the time they get their cut, the artist has very little while the record company has made lots of profit.

Most artists that don't have a record deal can make more selling 1,000 CDs out of their trunk than they can to sell 1,000,000 through a record company.

As was stated in another reply, new artist friendly labels will emerge and the old labels will die off.

When this happens we will finally start to see some real music rather than the homogenized, Clear Channel ready fodder that they keep pumping out.
Reply to this comment
The reason recording companies are doomed
by maverick_nick September 4, 2007 6:32 AM PDT
If I were a musician; would I work with a recording company? Well lets see... Digital equipment that will enable me to create high quality music is now affordable. So I can compose my own album. I can then promote my music on sites like MySpace, and sign deals with companies like Apple to distribute my music.

By cutting out the recording company, the cost of my music will be a lot cheaper, and people will be more willing to make purchases rather than illegally copy the music.

Why do we actually need recording companies?
Reply to this comment
Yes we do
by ss_Whiplash September 4, 2007 7:00 AM PDT
All that is true, but it won't help you make a living. There are millions of musicians on myspace to prove it.

Sure you can record your own album, but it won't sound professional unless you are an experienced engineer. Sure you can get your music on MySpace and iTunes, but who will notice you out of a million competing bands?

It's not just about cutting the cost of making a record, that's always been the cheapest part. It's getting your music heard by enough people to make money... that's the hard part. The record companies have the contacts and the marketing dollars to get an album heard.

Oh yeah, and it helps if you can write hit songs.
Aslo,
by drumby04 September 4, 2007 7:06 AM PDT
you run into a problem when you say you can "sign deals with
companies like Apple to distribute my music" because that is in a
sense what a record company would do for you. Apple isn't a
record company and it will most likely not be one thanks to Apple
Corps Ltd.
Radio Airplay is still their Hammer
by ewalsh69 September 4, 2007 7:24 AM PDT
I agree with all of these comments so far.
BUT the only problem and the ONLY real power the Recording Industry still carries is its relationship with the big radio conglomerates. They have been busted in past with kick backs to the radio groups to play certain songs and in some cases exclude smaller labels or independent artists. With out radio play its VERY tough to break into the National scene. You may get small town radio stations to play independent artists but thats not going to get you far. And YouTube or any other web based social networking site is also limiting. A good example is BareNaked Ladies (BNL for short). They for a short while where a hit. They sold allot of albums. But got into a dispute with there label on money, so they dumped them and went independent. They have made I believe two albums while independent. Heard any of new songs on the radio lately. Doubtful if you live in NYC or LA or anywhere else where the radio stations are all owned by the major conglomerates such as Clear Channel. Now BNL's new stuff can be found on eMusic.com and iTunes only carries the "Essentials" or best of. album. None of the independent albums. And they still have good stuff but you'll probably never hear it thanks to no radio airplay!
And for those who think Internet Radio stations will save the day. I doubt it. Its still in its infancy and the Big Boys are already trying to place the squeeze on them money wise. They are making them pay a huge increase in royalties to where it will kill off the smaller stations and really only leave the larger more well funded ones. O ya by the way, guess who don't pay any extra fee to play over the web, Yup the big over the air radio stations, the royalty is paid only once when they transmit the song, they don't pay extra when its also streamed via the web. its in there royalty contracts.

I really think Music companies are out dated when new Mac's come with Garageband free that is a multitrack recording software and CD's are cheap and plentiful. But until the Govt decides to breakup the "Over The Air" radio monopolies and the Music Companies still give "gifts or service fees or what ever they want to call them, I call it a kickback" Independents will have a near impossible time breaking out of playing local dingy clubs and selling there CD's from the back of there car.
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This is exactly...
by Chevaliermusic September 4, 2007 8:55 AM PDT
...what I'm doing. Can't say I'd outright turn down a deal with a major. But I love music and I want value for myself and for any potential customer. Obviously, I could never compete with Herbie Hankcocks marketing budget so when my CD is complete I'll market via myspace.

check me out:

www.myspace.com\chevaliermusic
Not so true... there are successes and there will be more,
by Axiomatic13 September 4, 2007 7:19 AM PDT
Silversun Pickups would beg to differ with your assessment of self promotion. They couldn't be any bigger or richer and they are RIAA free.
Reply to this comment
$18.98 CD's killed the Music Industry.
by Captain-Atari September 4, 2007 7:23 AM PDT
The simple truth of it all is that CD's sell very well between $8-$11. It's ridiculous that you buy a disc that has only audio and it cost $15-$20. You can buy a Movie on DVD for $14.99. The record industry was selling plenty of music when CD's were around priced around $10 USD. With the cost of producing CD's now much lower than it was in 1990 how is it that the price has doubled in that time. I used to buy lots of CD's in the late 1980's and early 1990's but once the prices got too high I curtailed my purchases. I only buy during sales. I'll occasionally buy a single online but thats it. The illegal downloading of music is blown way out of proportion. Most people have no clue how to do that. They are buying illegal copies of CD's on the street for $2 or $3. Put the cd's out @ $9.99 and even the crappy stuff will sell. If you've ever gone to Best buy or Circuit city during one of their $9.99 CD promotions during the holidays you know exactly what I mean.
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Ummm ... not quite ...
by Far Star September 4, 2007 10:25 AM PDT
While I agree that $18-$20 music seems awfully high you are not taking a few things into considerations.

For many artists it can cost a great deal to record, mix, dub, master, and print these CDs. The production companies are the ones that do most of that but let's take them out and use an independent artist as an example. So an independent records a CD, this isn't done in a vacuum. They have to pay people to help in the production and mixing of the music, on recording and overdubbing, of a myriad of other things. So lets say they go all out and it costs $45k to get it all done and out the door.

So now they have to push enough CDs to break even. At $18 that means they have to SELL 2,500 CDs and they don't make a single penny on any of them till that 2500th one is sold. Now fast forward to the big production houses that have so many more employees and facilities and equally larger costs. You think that they want to do it all for free? Would you do it all for free?

Then there are the middle men, the stores, and they need to make a buck or Sally in layaway gets laid off and there goes Christmas for her 3 kids. So a $15 CD (bigger artist, more CDs made, which lowers overall cost) becomes a $18 CD so the company can make payroll.

It's so easy to say price is the problem when you don't look at the big picture. What truly needs to be done is for the big companies to lower their costs. Either by doing more digital downloads or trimming the production costs at recording time or, better, cutting out some of the dead weight at the very top. But I don't see the situation improving till people start recognizing that people do need to eat and that "free" costs others their lively hood and that is not good for anyone.

Music can not be free to all unless it's free to make. And in the REAL world that just isn't the case.
View all 2 replies
Rubin can't perform triage on a terminally ill industry
by Eric Turk September 4, 2007 8:03 AM PDT
The industry as a whole is done ? it?s been unwilling to embrace
change; it lacks intellectual integrity at a fundamental level (the
ability to take a good long honest look at itself and address its
existence/meaning/purpose). As such, the industry?s
perspectives are immaterial because the industry?s point of
reference is totally incorrect; without an ability to create an
accurate self appraisal of itself in combination with a total lack
of understanding of the digital age and the changes in consumer
behavior in the digital age, they?ll never be able to address the
causes and conditions that they need to survive; things either
adapt, evolve or die. Rick is brilliant when it comes to developing
talent and producing works of enduring value but sin has always
in the accounting and perspective is based upon a point of
reference. The MBA culture that currently runs the entire
industry doesn?t care if it survives or dies off ? they only care
about themselves. As for Rubin?s comments, well, the entire
music industry doesn?t understand the digital consumer or know
what the music customer really wants.
Reply to this comment
I still can't buy music or soundtracks from 1980's
by inachu September 4, 2007 8:05 AM PDT
I am livid that each weekend I search for soundtracks or music bands and I can no longer buy their CD's.

I can buy a few 1980's tunes from ITUNES but ITUNES does not carry everything.

This is a very sad online world we live in.
Reply to this comment
Uh...yes you can
by skellener September 4, 2007 8:18 AM PDT
> I am livid that each weekend I search for
> soundtracks or music bands and I can no
> longer buy their CD's.

Dude, you need look harder I find tons of stuff at either GEMM.com, Secondspin.com and at the used CDs stores all the time (Amoeba) and it's ALWAYS marked waaaaay down. You CAN find 80's stuff. It's all there. You just have too look.
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The actual truth is...
by Camrocker September 4, 2007 8:30 AM PDT
SInce the revolution that is the iPod and iTunes, which was
really brought about by the initial revo. Napster, until Metallica
showed the world what they really cared about. The public has
had an incredible opportunity to discover new music. And the
fact is, they are discovering more than ever thought possible.
And in many cases they are buying a wider variety of music from
lesser known vendors. This has done incredible things to the
independent legs of the music industry, but is crushing the big
dogs. The real problem the big guys have has nothing to do
with whether or not people are still buying music. It has every
thing to do with the kind of formulaic kiddy crap the big dogs
have been shoveling up for us for the past two decades.
You want a hint Rick? Drop those overpaid jerkoffs that write all
those candy hits for your lineup of performers, and hire some of
the excellent Musicians that are already out there writing and
selling their gems through smaller vendors. Oh, wait, that is if
you can convince them to take a pay cut and jump from their
dinghy to your sinking Titanic. Good luck, you bastards.
Reply to this comment
Nothing new here.
by andaloudog September 4, 2007 8:57 AM PDT
These comments only illustrate what the industry has known for quite awhile. No slap on the wrist for Mr. Rubin over this. The numbers and trends said this long ago. If they were nastier people, Ani DiFranco and John Prine would be laughing - as it is, they're probably wishing more folks listened to them.
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Well...that was about 7 years late in coming...
by Penguinisto September 4, 2007 9:31 AM PDT
Glad to see someone in there finally figured it out (or at least admitted as much).

I knew the nanosecond Napster got popular that this was the case. Big Music(tm) finally admitted as much (or at least someone in there did).

So, now what?

/P
Reply to this comment
Actually 12/ 13 years...
by Eric Turk September 4, 2007 10:07 AM PDT
Prior to Napster in 1994 (at a time when Marc Usem initiated
coverage of the internet for Salomon Brothers and Kevin Conroy
was the head of Strategic Planning at BMG North America) it was
evident that the labels wouldn't embrace the web and the advent of
new technologies; they simply weren't willing to jepoardize their
relationships with the retailers (they were owed about $7 Billion
dollars). It's always been about the arrogance and greed of the MBA
culture that rewarded kiss ass politicians and syccophants and
ostracized creative genius.
the model is indeed broken
by jashspi September 4, 2007 9:42 AM PDT
what mr rubin is referring to is the entire model. artists asked to produce enough content to fill a cd that makes the buyer feel like they bought more than one good song, the artists being pressured to come up with more than one hit on that cd so it can justify the price. the built in loss and r&d for the few hitmakers to subsidize all the losing deals the record company signs that never sell well. you get the idea. now they have an opportunity to reinvent themselves. sell the singles one at a time that the buyer really wants to pay for. the problem being that apple proved the model for them and how can they all extract themselves to still keep the money they need to rationalize and justify their huge overhead of their existing model. i say they all go direct, cut out itunes and sell the singles from their own portals as the folks that signed the artists.
Reply to this comment
the model is indeed broken
by jshale September 4, 2007 5:48 PM PDT
Jashspi is right. The record industry got used to the big bucks they overcharged with first AOR LPs, then CDs. Let's face it, though, the recording industry survived quite well selling singles, be it cylinders, 78s, or even 45s, for nearly 100 years. It needs to return to a new, workable version of that model, in a modern digital format, or the industry will be more than broken, it will die.
iTunes is good for the industry
by AmericanCliche September 6, 2007 12:28 AM PDT
It would be a huge mistake to break away from the iTunes store. iTunes is popular because it is a one stop shop for music, movies, TV shows and podcasts. Imagine having to go to ten different sites to get what is now in one place.

A viable solution would be to utilize iTunes plus. Release higher quality songs and profit from the extra 40 cents per song. Maybe have higher prices for new releases and lower prices for classics (i.e. a popular 90s song would be 40 cents and a new Kayne West song would be $1.50).

Those numbers are not calculated out, but they provide an example of how variable pricing could make iTunes more profitable for the record labels.
LEGAL-LAWFUL-LICENSED-NEW MUSIC FOR US$.50 A TRACK - CAN DO!
by FO-FI_FO_454 September 4, 2007 11:13 AM PDT
Well, it looks like the music industry has shot themselves in the foot - gone the way of the CB RADIO - or, is there a FAIL SAFE SOLUTION? Today is Tuesday September 4th and "YOUR LUCKY NUMBER IS FO_FI_FO_454."

Why does the music industry take it upon themselves to make hasty decisions, namely, "THE CD IS DEAD." No it's NOT - it's very much ALIVE, at least in my Legal, Lawful and Licensed life.

I rip new music, net cost per track, US$.50, and that's the Gospel Truth. In fact, excluding top 100, I can buy, rip, new music for about US$.30 per track.

What am I, a GENIUS? Tried to call SONY MUSIC - impossible to reach anyone human - tried to call Bertelsmann (BMG) - sorry, wrong number.

So, while there looms an exciting and dooable instant fix for the music industry, which would benefit all music lovers (buyers and sellers), the industry cannot be reached - OUT TO LUNCH.

WOW - GOSH - GEE WHIZ......"what we have here is FAIULRE TO COMMUNICATE" (check out Cool Hand Luke, the movie) or visit the nearest GOLF Country Club and find someonen wearing a SONY MUSIC Tee Shirt about ready to become a DUFFER!

Well that's it music industry - you've sealed your own fate, while there currently is an instant fix to benefit music lovers and buyers as well as the Recording Studios, Major Labels, and distributors.

Thanks CNET for this forum.

Have a great day!
Reply to this comment
No need for the recording industry.
by Joe Real September 4, 2007 12:30 PM PDT
There is actually no need for a recording industry today. That's the reality.

Group of artist can build their own music studio, record their own songs and sell their own songs in the internet, and it can be done without any of the recording industry.

The only reason why the Recording Industry existed is that it used to be expensive to record on vinyl tapes and to distribute the music. Now this is ancient history, we don't need the Recording Industry anymore!!!

The only reason why they are still here is due to the contracts where the "not-so-smart" artists have been tricked into signing their souls. future artists should not support the recording industry, not even itunes or other. The artists can record and distribute their songs for a pittance and get a lion share of what is supposed to rightfully belong to them.

No more recording industry needed. That's ancient.
Reply to this comment
There is some hope...
by technikallyright September 4, 2007 1:24 PM PDT
WOW, I'm glad to see that since I've waited long enough finally some one from the music industry has admitted the obvious truth. But, at least for me, there is some hope. I hung on to all my "old" vinyl albums and now have the simple way to convert them all to digital files. I don't care if they are ever released on CD now, forget the greedy scum that runs the recording industry. I will have "my" music on CD for the time it takes to convert and a few cents per blank CD. I would have been glad to buy the CD's just a few years ago! Recording companies are the 21 Century buggy whip makers!
Reply to this comment
music in the cloud is good
by ctfoley September 4, 2007 4:11 PM PDT
it would be so nice, and it would leave behind the ipod
Reply to this comment
Crazy ass long island white boy!
by rido777 January 7, 2008 8:22 PM PST
That's right...the whole world's changing.

Just like people got mad at Elvis....People got mad at Eminem...

That era is over...

We are the future, and the future is this:

"AND WE" named best song you haven?t heard yet!

http://www.myspace.com/branchout
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