A music distribution business model may emerge that is both profitable and fair for creators, users, and creator-users. Distributors, record labels, and the public are in dialogue through market forces. Through confrontation and adaptation, a price and distribution model for music files suitable for the current technological context could be determined. In this post, I will examine current and projected music distribution models, and weigh in on their potential for success.

First, let’s think about why it is difficult to figure out a price for music files. The current price for a music file on the distribution sites carrying tracks owned by the major record labels is $0.89-$0.99 (amazon.com, itunes). The continuing use of free, peer-to-peer file sharing networks to download copyrighted music is a testament to the fact that many music listeners think that the per file cost of music is too high. Copyright holders respond by attempting to stop users from using free P2P clients, through direct litigation against free P2P client sources and individual users. This political and legal battle goes on outside of the direct market for music, which limits the effect it can have on market price.

However, in modifying music user expectations, the presence of P2P clients has directly influenced the development of for profit music distribution models. Music users know music can be distributed for free, so they won’t accept high prices. Music users also have higher expectations for quality, and they reflect those expectations with their purchase patterns. Music user quality and price expectations were doubtless responsible for itunes’ recent decision to offer DRM-free files and to change its price structure.

The most successful alternative distribution models will incorporate what users found appealing about P2P clients, affordability and community, while compensating artists. Many admitted users of P2P filesharing networks admit that artists ought be compensated for music files, but argue that paid distribution options are inflexible, overpriced, as well as inferior to the best P2P clients. There is no lack of support for a business model that compensates artists at a reasonable market price. Nearly 70% of respondents to an online Wired survey claim they would pay $10 for unlimited music downloading every month. It is likely that many will resist purchasing music until a reasonably priced model emerges.

Let’s take a look at the alternatives to itunes/amazon model. The online music distribution business has a veritable graveyard of storefronts that did not work out, so the true test of these models is how well they stand the test of time. Here are three interesting models available or soon to come at this point.

  • Rhapsody: Rhapsody has been offering unlimited streaming of its library since 2002. Rhapsody offers two subscription services. Rhapsody Unlimited, $12.99/month, allows unlimited streaming of music from the Rhapsody catalogue. Rhapsody To Go, $14.99 per month, also allows unlimited access to Rhapsody’s library, plus songs can be transferred to compatible PlaysForSure portable devices without purchase. While this service enables unlimited access to a large library, which includes tracks copyrighted by the major record labels, the user is seriously constrained by the limited options as to what she can do with this library due to compatibility limitations. Rhapsody is less popular than amazon and itunes, which illustrates its limitations. It seems many people who pay for music would rather have flexible access to fewer songs than unlimited, inflexible access to many songs.

  • eMusic: A monthly subscription to eMusic costs $10 for 30 tracks. At $0.33 a track, it’s significantly cheaper than itunes and amazon.com. Its catalogue is also DRM free, and compatible with all media players. eMusic lacks contracts with the major labels, so the selection is limited accordingly. eMusic caters to individuals who purchase indie and underground music. eMusic also has a thriving user community, complete with its own wiki. Without cooperation from the major record labels, eMusic will likely remain a niche player in online music distribution, at least in the short run.
  • Choruss: Choruss is a forthcoming online music library for undergraduate college students. Having Choruss would enable students to download unlimited music for free using whatever methods they choose. Universities would track the music downloaded, and pay the music companies for the student downloads. Universities would incorporate the charge for this service into tuition. However, it is unclear why such an option should be limited to college students. Furthermore, paying for and operating such a service is not necessarily a proper use of a university’s time and resources. The tax on students who do not wish to download a large amount of music, or wish to pay only for the music they do want, also seems unfair.

Paying per file is impractical for users who download a significant amount of music each month. A monetized model that avoids per-file payment is ideal for such power users. Choruss is most indicative of the recent movement towards figuring out methods to monetize the flow of music files over the internet while avoiding per file payment. Choruss would allow college music users to maintain their current behaviors, while allowing artists and record labels to get paid. If Choruss is successful, similar models could be tried for the general public. Warner Music has advocated an ISP surcharge for the ability to download unlimited music, as well as a surcharge on internet access.

This brings us back to the question we began with, in slightly altered form. How much should be paid for unlimited access to flexible music files, and to whom? What entity will play the role of the tracker and payer, if not the record labels themselves? Some, notably William Fisher, have proposed that government step in as the central music tracker and payer. The government, according to Fisher, should step in because this is a situation of market failure; music files have too many of the attributes of public goods to be priced and allocated efficiently without government intervention. But it seems inappropriate for a single government to take that role, placing the burden of paying all artists on the shoulders of a single nation of taxpayers. Furthermore, a centralized authority also would have less incentive and ability to listen to the wisdom of crowds in terms of pricing and execution than a firm in a competitive context.

The passion and ingenuity of music users has caused drastic changes in the price and distribution tactics employed by music distributors. I will continue to keep an eye on the development of Choruss, eMusic, and other paid music alternatives to Amazon and itunes. While they don’t have huge market share right now, they offer clues about where music distribution is headed.

6 comments to “Music distribution models or, how much is a music file worth, anyway?”

  1. Brian L says:

    Choruss sounds like a very viable idea. While I agree with your point that “paying for and operating such a service is not necessarily a proper use of a university’s time and resources,” the RIAA and MPAA lawsuits can be very costly and resource-intensive for the universities. In addition to the lawsuits against students, some universities have been engaged in legal action with the RIAA over turning over the names of alleged infringes (http://www.techspot.com/news/25082-riaa-wins-lawsuit-against-university-for-student-info.html). Given Evin’s post this week and Robert’s post about the lengths to which universities go to make their networks appear “open” it is not hard to imagine secondary liability lawsuits against universities as well.

    After writing the paragraph above, I did some more research and discovered that the RIAA decided to stop filing lawsuits against college students and has reached voluntarily agreements with ISPs. According to a Wall Street Journal article, “Depending on the agreement, the ISP will either forward the note to customers, or alert customers that they appear to be uploading music illegally, and ask them to stop. If the customers continue the file-sharing, they will get one or two more emails, perhaps accompanied by slower service from the provider. Finally, the ISP may cut off their access altogether.” (http://online.wsj.com/article/SB122966038836021137.html).

    The ISPs have an incentive to cooperate because of the adverse affect that p2p using bandwidth hogs have on their networks. According to an article in ars technica, “Suddenly, ISPs gain a tremendous new tool. One study in the UK showed that most people sharing music would stop when made aware that their activity was being tracked and that they were not, in fact, anonymous. Should that hold true in the US, ISPs would presumably see massive decreases in P2P traffic. The customer notifications can be blasted out by e-mail, making the whole process quick and easy for ISPs. As is usual for these sorts of schemes, questions still remain about what sorts of judicial processes will be in place to contest notifications and penalties, and what happens to a household Internet connection when Dad finds his access canceled even though he’s never shared a file in his life? ” (http://arstechnica.com/tech-policy/news/2008/12/no-more-lawsuits-isps-to-work-with-riaa-cut-off-p2p-users.ars).

    Since Evin writes that Yale itself is considered an ISP, I wonder what incentives, if any, a place like Yale would have to enter into a voluntarily agreement like this. For the those more familiar with the intricacies of the Yale network–is Yale somewhat of a sub-isp that is powered by Comcast or another larger provider?

    On a different matter related to Laurin’s post, I have been reading about iMesh–a legal peer-to-peer service in which users pay to a subscription fee to download copyrighted songs but can download uncopyrighted songs for free. It’s entirely approved by the RIAA… Check it out (http://en.wikipedia.org/wiki/Imesh)

  2. Adi Kamdar says:

    I remember iMesh… back when it was still illegal…
    I promise I’ll start making relevant comments soon.

  3. Adi Kamdar says:

    http://amiestreet.com/

    I was thinking about this site earlier, but I couldn’t remember the name. Hooray for Google. It’s a really interesting, cool model that, in my opinion, could really help new artists.

    Basically, artists upload their songs–in any format/quality they want–for cheap or for free. The more downloads the song gets, the more expensive the price will be. (Prices are capped at $0.98.)

    Granted, this service is more for artists, especially indie artists. For the consumer, this isn’t really too different… besides the fact that you can get songs earlier for a cheaper price.

  4. Evin M says:

    Didn’t we discuss a hypothetical model sort of like amiestreet in class at some point? I think it’s a fantastic idea in the iTunes model family, and is a better alternative than what we’ve got now in the way of pay-per-song/subscription programs(i.e. iTunes, Rhapsody, Amazon music). I also think it’s interesting that the program is intended to provide more than just music, with its social networking, music reccomendation, and user credit features. These additional components of the website encourage user interaction and engage music-o-philes past the point of simply getting their music and moving on.

  5. Evin M says:

    Looks like iTunes is perpetuating a trend of DRM removal…

    The Nokia “comes with music” phones/service used to allow users to play the music that they downloaded on one computer and on the device that they downloaded it to. Now, Nokia’s going to phase out their use of DRM like Apple. I don’t know anything about their change of pricing scheme (or, perhaps, lack thereof) like iTunes. Should be interesting to watch how this plays out…

    Apple wasn’t the first to start this trend, though. The failed Microsoft Zune program had DRM-free tunes on the market years ago, too…
    http://www.brighthand.com/default.asp?newsID=14987&subject=Nokia+DRM

  6. Adi Kamdar says:

    Here’s a lot more info/thoughts/commentary/criticism of Choruss:

    The EFF doesn’t seem to hate the idea of Choruss, but admits there are problems/things that could be cleared up. The rest of the links are from this post:
    http://www.eff.org/deeplinks/2009/03/more-choruss-pro-and-con

    This article is really interesting. I mean, it’s a lot of what we already know, but said really eloquently. But it’s a lot of new stuff too. (Jim Griffin is the guy who proposed Choruss.) He’s basically trying to disband the myths that surround Choruss:
    http://www.thelicensingplate.com/jim-griffin-discusses-choruss-in-digital-music-forum-east-keynote-transcript/

    “Why a music tax is a bad idea” – Note: Techdirt hates the idea of Choruss.
    http://www.techdirt.com/articles/20081209/0144083060.shtml

    http://www.techdirt.com/articles/20090318/0304264167.shtml

    Long but detailed article nitpicking the crucial details:
    http://www.ip-watch.org/weblog/2009/03/17/chorusss-covenant-the-promised-land-maybe-for-record-labels-a-lesser-destination-for-everyone-else/

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