Earlier this week, musician Benn Jordan – who releases Aphex-tinged IDM under the name The Flashbulb – caused a bit of a stir on the blogosphere by claiming iTunes was effectively ‘pirating’ his music, selling his tunes without his permission. He was so annoyed at this, that he uploaded his new album, Soundtrack To A Vacant Life, to BitTorrent, allowing anyone to download it for free.
NFAB grabbed him for a quick interview to find out more.
Making a living
NFAB: You’ve managed to make a decade-long career out of making music at a time when the industry’s been in turmoil – how did you manage to do it?
Benn: My guess is because I didn’t grow up in a place where people were starry eyed about record labels and MTV notability. It seems like in the ’80s and ’90s, South Chicago was really secluded from the influences that built modern pop-culture. My Grandfather had branded me with the ethics of being a very tight businessman, but to work hard for the money I negotiate and deliver 110%.
I don’t want to make anyone think that it is easy to make a living as a musician, trust me, it is not. But it helps if you look at every single gig, contract, and transaction the same way that you would if you were running a different kind of business.
If I contacted an auto dealership and told them: “If you give me a new car for free, and if it runs perfectly without any mechanical problems for the duration of the time I own it, and if I’m not too busy, I’ll tell my friends that your car dealership is good.” Do you think they’d give me a set of keys to a new car or fall to the ground with laughter?
“Coachella offered me a lineup spot, but explained they couldn’t pay… I fell to the ground with laughter”
So last year when Coachella offered me a lineup spot, but explained that they couldn’t pay me for it… I fell to the ground with laughter.
NFAB: What’s involved in setting up and running your own label?
Benn: Ten years ago I would say that it simply takes good artists, a good startup loan, a good accountant, and a whole lot of positive energy. Now I think the an important ingredient is creativity in planning your business strategy. The playing field is leveled and there is no longer a standard procedure to get music distributed, promoted, or purchased. The “rules” are diminishing. As much as one might say it is a horrible time to start a record label, another might say it is the best time to do it.
Torrents and iTunes
NFAB: Why did you decide to put your new album on a torrent site?
Benn: My thoughts at the time were that I didn’t have anything to lose by putting it there. From past experiences, someone uploads a rip of the album the day it comes out (if it doesn’t leak). I’m also a firm opponent of certain copyright laws and politics, and if the copyright holder is the one sharing the album, it creates a gray area legally and maybe even a line of defense for the site administrator once the men with guns break down his or her door.
NFAB: The story has been spun by bloggers as an attack on iTunes, but is the beef not more with your label or whoever distributed your tracks to the iTunes store?
Benn: It is really funny how a story like this breaks out. Every blog or news site seems to copy parts of the story from another site, leaving out information and then making an assumption. The next news site reports the assumptions like they were confirmed parts of the story, and leaves out yet more real information. The end result is a story about an artist uploading his own album to a private torrent network turned into a story about a Scientologist blaming iTunes for his horrible major label contract. It is far too ridiculous to even bother me.
“My beef is with pretty much everyone involved between me and my listeners”
My beef is with pretty much everyone involved between me and my listeners. Sublight Records was taking 50% of my album sales, yet wouldn’t step up to the plate for me when there was a copyright issue with iTunes or the distributors. The distributors drove Sublight Records out of business through chargebacks, bought up all the remaining albums at less than $1 a piece, and are now hawking them at full retail price without paying the artists anything. Then for over 3 years, iTunes has been unable to put me in contact with anyone to figure out where the money is going from the Sublight releases. My contract (and other artists’) never included anything about digital distribution, and we were told that we were free to handle that on our own separate agreements. All of these companies are lining their pockets yet nobody cares enough to spend the 15 minutes on solving the problem that’s gagging up to 5 figures out of our income.
It is still piracy on Apple’s part. If someone is selling burned DVDs outside of a video store, it doesn’t matter who ripped the original DVD… they’re selling copyrighted material unlawfully. In fact, it is a federal offence punishable by arrest and sometimes imprisonment that many have been convicted of. But you can’t call the police when iTunes does it, only when a homeless guy does it.
Making good music
NFAB: What advice would you give to any band starting out now in terms of finding an audience for their music?
Benn: Not worrying about publicity and worrying about making good music. That way when you run into some publicity, your product delivers and the exposure will bring you life-long fans.
“When you build a beautiful new house on top of a 50 year old landfill, it’s still going to smell like garbage inside”
NFAB: Do you feel hopeful for the music industry?
Benn: There will always be a demand for music, thus the music industry will always exist. The RIAA has been replaced by equally as sociopathic companies like Apple and Rhapsody with clean and trendy public images. When you build a beautiful new house on top of a 50 year old landfill, it’s still going to smell like garbage inside.
NFAB: What do you think the future holds for how music will be distributed?
Benn: The good news is that popular music will continue to go through an evolutionary process as the content becomes more important than the promotion campaigns. People who were only exposed to the stuff they could buy at Target now have the opportunity to be more diversely cultured in their tastes. Also, there is a lot of room for new ideas and innovations. For example, when the CD standard completely vanishes, there won’t be so many bureaucratic and technical roadblocks when an artist wants to release an album in 5.1/surround sound. We won’t be stuck to this silly 44.1khz/2-channel red book-standard crap.
The bad news is that, in the near future, many governments are going to side with the large corporations… and more and more people will be forced to go bankrupt or sit behind bars for using an artist’s content in a way that they were told not to.
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