Este es un artículo que escribí hace un mes cuando una excelente tienda de discos en Suecia anunció que cerraba. Sus razones me enojaron y en estos días en que el debate sobre los libros electrónicos, los derechos de los consumidores y todo lo que encierra este mundo inmaterial no pude resistir escribirles una pequeña respuesta.
It is with sadness that we today must inform you that we are closing down our operation. The sales have dropped radically due to all the illegal file sharing going on, and we can no longer survive. “ This whole scene we are witnessing is a circus where pirates have hi-jacked concepts that are too important to be misused the way they are: democracy, freedom, bright future. These entities, it seems, are beyond their grasp and comprehension, as they truly have absolutely nothing to do with piracy. File sharing without the permission of the owner of the copyright is a real killer. It is killing us. And it is killing the labels we work with. It is a fight for our livelihoods, and for free culture. Because without a strong copyright law we risk to be caught in a patronage and sponsoring web (and that is a kick-back by 200 yrs). We need copyright laws. And we need people who respect the law and pays the author.
I think about the days when getting a new record was torture. I lived in a developing country and the most interesting albums and cd’s were imported and severely overpriced. In order to find out about new bands I had to buy (also imported) magazines, and the choice was limited: Rolling Stone, SPIN or Alternative Press. For other media I had to settle for lousy Latin MTV. Back then I shared my musical discoveries with no one.
It really bothers me that so many people can’t seem to understand the cultural shift in music and media consumption, all they think about is the economic shift: the fact that they can’t sell records anymore. It surprises me that Dotshop, with their amazing music collection and indie spirit is bawling and trying to cause pity because they didn’t realize, just as Tower Records and many other chain record stores, as well as large record labels, that cultural consumption has changed and there’s nothing to be done about it. It is what it is. They should have adapted, and in this case, sadly they failed to do so.
I never bought albums from Dotshop because I’m on the other side of the Atlantic and paying in Swedish currency plus shipping does not work for me. I do use their newsletters to crawl MySpace, to look for mp3’s and to download whenever possible. So, am I a pirate?
There is a difference between sharing and piracy. The pirates download, make multiple copies and then sell them without appreciating any of it. They mount multimillion dollar operations to duplicate with the purpose of selling. If this concept is still beyond all comprehension I urge anyone to walk down a market in Mexico or China and buy for one dollar the latest Hollywood blockbuster in DVD format with a photocopy as a cover. A person who rips his or her CD collection and puts it available online and the person who seeks this music and downloads it have a very different purpose than a pirate: they want to listen to every bit of it. They want to be able to talk about it, to tweet, to post it to wherever they live online nowadays, to blog about it, to create a podcast, to find out if that band with the funny name who’s coming to town is worth paying a ticket.
In the last few years more independent bands have visited Latin America on tour than ever before. How is that possible? Could it be that they are known, and how did they accomplish that? By going platinum? Years ago, nobody but the big names like Madonna, Metallica, Britney, etc could afford to go to Latin America, they were the only ones who were financially worth it. Today small clubs are getting many of these indie artists to visit not only once, but every time they go on tour and the weirdest thing happens: Gigs get sold out. Again, did they go platinum all of a sudden?
Now, please don’t go and tell me that people who worked on the album need to get paid and make a living. That is obvious but everyone can see that no artistic discipline makes you a living by selling your product. It is everything else. The product is your hook. The painter needs to buy brushes and paint and then someone comes and snaps a digital picture of his work and begins posting it all over the place. This artist has two options: get pissed and bitter and try to get every single site to take down the godforsaken picture or profit from the exposure and branch out.
How? I’m not an artist, better to ask the people that have been approached by the videogame industry, how much money did they get? same thing with the music. A band that does not oppose but actually encourages the sharing might just get lucky and be discovered by Nintendo and be commisioned a nice deal to make the music for a new videogame. With the cash they make with that they can continue to make the music they want. This is a true story.
Is it as expensive to record today as it was 20 years ago? I don’t think so. Long gone are the days where a band had to pack themselves into a rented studio for 72 hours and record as much as they could, night and day, without seeing the light, or eating or sleeping because the studio was a whopping thousand dollars per day; today, a band, singer, artist whoever can have a home studio and record with very little equipment. Unless you’re Tori Amos, independent artists have more control over their records than ever before and they can produce them at a fraction of what it cost when selling records was the deal.
What about the consumers? I used to buy CD’s, and I’ve bought emusic.com plans on and off. I refuse to buy from iTunes. I scout my favorite band’s websites and download all the free mp3’s and yes, I share files, I make podcasts, I have a music blog that’s been going on for six years and I love to go gigs. I subscribe to newsletters and befriend my favorite bands on MySpace, I create mix playlist, I read music blogs until I’m blind, I change my iPod music every two weeks.
This fantastic new way or sharing your favorite music is pretty cool, when before I used to make mix tapes and send over the mail, today I create a playlist and send it over yousendit.com or something like that. What is so different from making mix tapes to sharing some files? I don’t see any difference. The only difference is the greed that seems to increase with every file shared, it’s the dollar sign with that flies away every time a file is not paid for.
First-sale was a right that one had when buying a book or a record. If one day you needed cash, you could have a garage sale and sell your used stuff. You can’t do that with digital files, even if you’ve paid them. If one should decide that all the emusic.com songs that I bought over the years were no longer of any use, can I sell them? Oh no, I can’t, god forbid. And soon enough it will also happen with books. The infamous e-book reader will eventually be cracked and then all hell will break loose. Oh! the poor authors, the poor indie comic book artist, the poor poet! You’re stealing from them. Some might say that, but no one is looking after the consumer, who being cornered into a place where a basic freedom is being threatened: you pay your stuff, but beware: you don’t own it.
If you pay for something it should belong to you and you should be able to do whatever you want with it, as long as you respect the artistic content. You won’t change the ending to a novel, you won’t add drums to an acoustic song, you won’t alter the picture or painting, but you should be entitled to selling it, exhibiting it, reading it aloud, play it on your speakers, lend it, donate it.
As I come to think about it can I donate my emusic.com collection? I swear it’s in a folder of its own uncontaminated by the “illegal” mp3’s and my freshly ripped 90’s tapes and cd’s can I share those? I paid for them. Can we just stop with the piracy and the file sharing stigma and just call it a donation?
This is why Creative Commons is so wonderful and why Open Source and Open Access are god sent. They are copyright laws adapted to the world of today. We should all read them and learn them. People are hard at work trying to make the world a fair place and these new copyright laws are getting there. The problem is only the people who let go of the past models will benefit from them.
So those who simply close down their operations while crying evil, please rethink your position.
To those who believe that sharing files is condemning artists to a life of poverty please look around you and ask them if they’d change the new found creative freedom from the “I own you” creed of the big labels. Ask Arcade Fire if they’d be where they are without file sharing, ask Lilly Allen, ask The Decemberists, ask Lykke Li. These artists have two things in common, they do not base their success on record sales and they’ve been reviewed by bloggers all over the world. It’s difficult to believe that each one of these bloggers actually purchased any of the tracks when they first discovered them.
So stop it with that that ancient statement that file sharing opposes to democracy and freedom. Stop crying because you can’t sell physical goods anymore, stop crying because you’re not making millions out of a single artist, and stop seeing us, the mere mortals as weapons of artistic destruction because, in fact, we are the opposite.

