Below
is the testimony of singer-songwriter Todd Rundgren to the U.S.
Senate Committee on the Judiciary, Apr 26, 2006. It was part of
a hearing on "Parity, Platforms and Protection: The Future of
the Music Industry in the Digital Radio Revolution"?
"Chairman
Specter, Senator Leahy and members of the Committee: My name is
Todd Rundgren, I am 58, and I am a professional musician. I have
also been employed as a record producer, composer for film and
television, technology spokesman and computer programmer. I am
the designer and developer of PatroNet, an internet-based subscription
service that allows audiences to provide direct underwriting of
artists in exchange for insider information, direct communication,
discounted merchandise and first-look experiences of the artists'
work, all within a community structure.
"This is
my 40th year as a musician, and 18th year as an independent. I
left Warner Brothers in 1988* with the conviction that the major
labels were unprepared for, and were indeed hostile to the inevitable
changes that digital technology would effect in the way that music
would be created, marketed and experienced. I wasn't so prescient
that I foresaw the rise of the internet, but I was convinced that
I would be hindered in any attempt to use new developments
to alter the ground rules.
"One of the
first cutting edge projects I was involved in concerned digital
rights management, a concept that did not yet exist. I was hired
by, ironically enough, the Warner Full Service Network, an interactive
television pilot project that sought to merge video, computers
and high-bandwidth home delivery. The plan was to create on-demand
music services that could be navigated on one's home TV -- kind
of like an iTunes for the early '90s.
"When it
came time to plug the music in, everything I had suspected about
the savvyness of the industry was crystallized. To a label, every
one of the majors refused to consider the possibility of putting
music they controlled onto a server. Ironically, even the music
division of Warner Brothers would not cooperate, even though this
was only a demonstration project. Ever since then, the behavior
of the majors has been that of a mindless parasite, contributing
nothing, yet trying to get it's snout into the bloodstream of
any new development. The knee-jerk justification is "protection
of artists", which would more accurately be represented as the
interests of highly bankable artists still under contract. For
every one of those, there are a hundred with a lifelong bad taste
in their mouths over the way they were treated when sales began
to lag.
All
the majors have ever done is try to claim the
audience as theirs alone, and to lower expectations by exposing
them only to the generally substandard product the majors begrudgingly
underwrite.
"I have striven
to tie together the 'replacement parts' an independent musician
would need to build enough audience for a sustainable living.
Amongst these is, of course, the internet and a raft of contractors
who can press and distribute discs for you and, if you can afford
it, take on the promotion and marketing normally provided by a
label. The only problem is getting heard.
"Terrestrial
radio, especially of the syndicated flavor, is not available to
most artists even if they do have a traditional label deal. I
am opposed to any measures that would insinuate the major labels
into an area that they have failed to husband, and to capitalize
off of artists they have abandoned or never had any interest in.
The myth that you could survive very long on record company advances
has long been debunked. Players need to play to get paid and need
audiences to play to. All the majors have ever done is try to
claim the audience as theirs alone, and to lower expectations
by exposing them only to the generally substandard product the
majors begrudgingly underwrite.
"Worse yet,
across the board fee structures like those proposed discourage
the exposure of new talent in deference to audience favorites
as broadcasters try to recover those fees. And worst of all, syndicated
radio, the majors partner in neglect, does not deserve exemption
for the abysmal quality of product they deliver.
"The fantasy
that this type of legislation helps music or musicians should
be summarily exposed for what it is: yet another futile attempt
to turn back the clock to the days when they were the sole gatekeepers
to an artist's future."
Testimony
of Mr. Todd Rundgren
Lead
Singer of The New Cars
* Technically
Rundgren left Warner Bros in 1991, after "2nd Wind," but his deal
from 1988 on was that Warner Bros had the right of refusal on
his records. They exercised it and ordered the removal of the
song "Jesse" from 2nd Wind in return for its release.
Click
here to buy Todd Rundgren's latest album, Liars.