FEATURE: Penniless fans vs penniless musicians. Whose side are you on?

Fans cannot afford to buy the music. Musicians cannot afford to make the music. The government have intervened to stop the collapse of the record industry, but in a culture where downloading music is the norm, Emma Wilson asks, is this law self-defeating?

“It’s not stealing.” Is it?
Macs on laps and blasting (illegally downloaded) music, six Cardiff University students are discussing the new legislation which aims to clamp down on music piracy. Over the years they have acquired an abundance of music and films and have not paid a single penny for albums that have not yet been released, and films that have not been shown in cinemas. “It’s not stealing,” they say. When asked if they would walk out of a shop with a box set of DVDs without paying, they replied: “Obviously not. That’s not the same. You’ll get caught for that. Whereas music and films are so easily available online; there are no consequences for downloading it, and its instant access.”

The younger generations are the worst offenders. According to think tank Demos, in the UK, 61% of 14-24 year olds admit to downloading files illegally. Why? Because it is easy, free, and there are no repercussions. The law is set to change this. The government have proposed a new bill which will punish the perpetrator. The Digital Economy Bill will clamp down on illegal downloading by cutting those responsible off from the internet. In addition, their contact details will be made available to the copyright owners of the material they illegally downloaded, so that they can be sued. This bill, currently being considered by the House of Commons, and due to be passed in April, has caused a great deal of controversy.

Piracy is destroying the record industry
Artists and record companies alike have been complaining that illegal downloading is destroying their livelihood. Chief Executive of UK Music, Feargal Sharkey said: “When your products are being taken, for free, without your knowledge or consent, and on this scale, the consequences are grim.” UK Music wholeheartedly supports the bill, which they hope will encourage fans towards using legal services.
Additionally, Gennaro Castaldo, a spokesman for music retailer HMV, agrees that illegal downloading is a problem which is drastically impacting on the music industry. He said: “It would actually benefit [fans] in the long-term to support artists and labels via legal downloads as this helps to preserve and develop choice and variety for everybody across different music genres.” This sentiment is echoed throughout the industry, by many artists and record labels, for instance, Lily Allen famously stated “piracy is not the answer” in her campaign against illegal downloading in her blog called “It’s Not Alright.”

Illegal downloading prohibits new talent from flourishing
Meet Luke Leighfield. He is a budding musician trying to break his way in to the music industry. Frustratingly, people illegally download his music which means he cannot reap the benefits of his hard work. Despite the fact that he has been played on Radio 1 and performed at hundreds of gigs, he still cannot sell enough CD’s to remotely make a living. “If all those people who have downloaded my music illegally bought a CD, then I would be in a far better financial position.”

Luke supports the bill, and thinks it is a step in the right direction; however he has little faith that it will combat illegal downloading. He admitted that in the past he had illegally downloaded music files. “But now, there is no excuse for it”, he said. “Most bands on major labels have their music on Spotify so that people can hear the whole record before they buy it. So all those people who claim to download an album to supposedly check it out before later buying the album (if they ever do) no longer have an excuse for illegally downloading music.”

Spotify allows music to be streamed for free, and was established to offer music fans an alternative to piracy. The programme allows people to search for any artist or song, listen to their albums, and create play lists of their favourite music. Andres Sehr, spokesman for Spotify, said: “Over the past year we've seen a large number of users drop piracy altogether and use Spotify as their sole music source.” Some people, like Luke, think that now there is no excuse to illegally download. He reiterated: “If I like a band, I buy their CD. I consider anything else to be theft.”

Does piracy actually benefit the industry?
On the contrary, perhaps music benefits from an unregulated internet? Some musicians, such as Kate Nash, have been discovered by putting their music online for free. In a recent investigation, Demos discovered that those who illegally download music actually spend almost double on legitimate music than those who only buy legally; £77 and £44 per year respectively (Demos online poll). The record industry claims to lose around £200m per year thanks to illegal downloading. However, in 2008 £1.4bn was spent on live music. Perhaps it is fair to say that while the record industry is declining, the music industry is thriving? Also, if these findings are correct, and those who illegally download music actually spend the most on legitimate music, what will happen to the industry after their first rate customers are cut off?

Potential problems with the bill?
The new bill will also impact on the internet service providers (ISPs). A spokesman for TalkTalk, Steve Marinker, explained why they oppose the bill and warned about the impacts it could have on innocent people’s lives. “First of all, it’s totally impractical,” Mr Marinker began his rant about the bill. Every internet account holder has an IP address. If someone who is using that connection visits a site and illegally downloads, the copyright owner will be aware of it and can access their contact details under the new law. They can then make the ISP cut off their customers. However, the system is flawed. Mr Marinker pointed out that although it may be the account holder who is illegally downloading, it could also be a hacker, or someone in a household who is using the IP address.

Mr Marinker continued: “Innocent until proven guilty. That’s what our law is based on. But this system bypasses the courts; under this new law, the ISPs can cut off customers without proving in court that they are guilty of illegally downloading.” Mr Marinker explained how a similar law, passed in France, actually resulted in an increase in illegal downloading. He concluded: “It’s completely and utterly futile… Far from curbing illegal downloading, it will probably encourage more of it.”

Will the bill work?
The Cardiff students agreed; this behaviour is embedded in a whole generation of music fans. But would they be deterred if they were threatened to be cut off? “Probably. Or I’d cover my IP address…” said one student, meaning they will remain anonymous and avoid detection by record companies if they continue to download illegally. Computer savvy fans will beat the system and will always find a way to download music for free. But ultimately, cutting perpetrators off from the internet, if they are indeed guilty, could be the answer and the bill should not be completely disregarded. The Digital Economy Bill might just do the trick; as one student said: “The internet is essential to every day living, and to be cut off would be a disaster. If they threatened to disconnect me it would probably stop me doing it again.”