by Jaron Lanier

Here is the truth: Piracy is a phony issue that record labels are hyping in order to rip off artists.

If you don't believe me, read on:

Piracy has always existed. That's why there's a mountain of blank cassettes on sale in any big consumer electronics store. When someone decides to buy your music instead of copy it, they're doing it for a lot of reasons. Maybe they're ethical (yes, it's possible, even for YOUR fans). Maybe they like the convenience of not having to hassle with the uncertainty of copying something- Will it come out right? Is it done yet? Maybe it's their way of expressing goodwill and support to you. Maybe they're too technophobic or lazy to make their own copies (does that sound like your fans?)

But face it, if your music wasn't available for free in some form, no one would have a chance hear it in order to decide to buy it in the first place. The old form of "free" music was radio (which is often taped by pirates, by the way) and MTV, but eventually the Internet is going to take over everything. There will still be TV and Radio, but they'll be implemented digitally. Give it ten years.

When that happens, the idea of not giving away music for free will be exactly the same thing as never promoting music at all.

The real question should NOT be "How can I put my fans in a straightjacket to keep them from hearing my music for free?" It should be "How can I best make money from my fans?". Those are two very different questions.

Sure you "lose" money to pirates. But you also lose money to your label, if it isn't doing anything for you.

It used to be that a label was needed to finance, manufacture, store, ship, and market your music. That's how they earned their cut. The arrangement made sense. If the music business wasn't shrinking before our eyes, it would still make sense.

But in the digital era, it costs nothing to ship your music over the net to a fan. So the biggest reason for labels just went away.

As for financing, well if advances were stacked up against finance deals in other industries, they'd look a lot like usury- except that they aren't even loans; once they're paid back, the label still owns the master. There is simply no worse conceivable form of financing. We can do better if we take charge of our own careers.

But what about marketing? Can labels still do that?

Well of course they can, for a few big acts. But once you are established, your own web site connects with your fan base better than the label can. The label is becoming a non-contributing partner in your long term career, except in rare cases where there's massive, long term, sustained promotion.

The music business has been shrinking. We all know it. There's nothing more pathetic than sleazy music industry people who can't even make money.

So, here's the question. Even if you are a huge artist, think about your whole career, not just the next couple of years. Will you lose more money to pirates, or to labels who will be taking most of your money for no reason at all?

The labels claim to be so paranoid about piracy that they're ready to miss the big opportunity of the internet. When somebody in a dorm room buys $1000s of dollars of gear and stays up all night hacking MP3s just to get "free" music- that's what you call an opportunity, not a problem. You have found yourself a new generation of fanatics. The only problem is that computer companies are making the money right now instead of musicians.

Don't let the labels scare you with the specter of piracy. It's a phony issue. They can't prevent piracy. No one can. I know computers as well as anyone on the planet, and I promise you, music-loving kids will break whatever copy protection scheme the labels come up with. And the industry KNOWS it.

In fact, the easier it is to copy music, the less of a threat piracy will become. When piracy gets easier, professional pirates have less to offer. The only pirates left will be fans. And there are lots of ways to make money from fans.

The reason the RIAA and the labels are pushing anti-piracy laws and technologies has nothing to do with preventing piracy. They're doing it so that they can control the new digital music channels. To keep anyone else, like you, from sharing the power. That's it. They're doing it to rip you off. Period.

You can MAKE MORE MONEY in the new era of "free" digital music than in the old era of mechanicals and record contracts. But only if you break free of label mind control.

We're creating a MUSICIANS' COLLECTIVE that will make more money than the traditional music industry. We're going to do it with great new technological and marketing strategies. We're going to love and respect our fans instead of treating them like criminals (even if some of them oh never mind).

WHATEVER YOU DO, DON'T LET THE LABELS NEGOTIATE AWAY YOUR INTERNET RIGHTS. At least wait a year or two for the dust to clear.

Even if you think we're nuts, at least KEEP CONTROL OF YOUR OWN E-MAILING LIST RIGHTS, WEB SITE RIGHTS, AND WEBCASTING RIGHTS.