The Stupidity of the Recording Industry
Before I get started, allow me to note that the podcaster Brian J. Kramp who I discuss below is also the author of the upcoming book, This Band Has No Past: How Cheap Trick Became Cheap Trick, available on September 6, 2022 in paperback from bookstores everywhere, including Bookshop.org, Barnes and Noble, and other on-line bookstores. You can pre-order your copy now. I will be covering this book in more detail once it’s released.
Okay, let’s begin.
The Recording Industry Association of America (RIAA) is a trade organization that represents the recording industry. It states on its website that it “advocates for recorded music and the people and companies that create it.” Allow me to put a spotlight on a situation where the RIAA practices something very different from its stated intent.
Enter Brian J. Kramp of Wisconsin, a self-described music obsessive who’s been hosting the terrific music blog Rock and/or Roll since 2015, with over 300 episodes. Brian is the kind of fan the record industry wants, or should want: someone who’s into music exponentially more that the average person. He buys tons of music, owns tons of albums, and he’s been spreading the message of music for years, covering metal, AOR, power pop, classic rock, alt country – you name it, this guy has it, often illuminating listeners about hidden gems by unknown bands whose music might be challenging to find. (Kramp’s recent podcast on AOR included bands like Under Fire, Razor Sharp, Fake ID and Babe Blu. All new to me!).
In short, Brian offers the record industry what it should be coveting: free advertising and unbridled enthusiasm for recorded music. Instead, in the summer of 2020, Brian received an email from Podbean that began:
"Dear Podcaster, we have been notified that your podcast content contains infringing content. Please check all your episodes and delete all copyrighted material. Please notice that repeat violation of copyrights will cause your account to be suspended. We've blocked your podcast site from public view. Please remove all infringing content and update us when this is done."
Podbean was of course doing what they had to do. The real bully behind the letter was none other than the RIAA.
In August of 2020, Brian, obviously frustrated and bewildered and uncertain of what to do next, stated in his podcast: "What the RIAA is too dense to realize is that they're dealing with their best customers here. I have been buying music obsessively for more than 30 years. I have purchased exponentially more music than the average person, obviously, and the same goes for the kind of person who listens to these podcasts. So we are their best customers and they're treating us like the enemy.”
Brian then referenced a question that he had posted on his Facebook page: "Who's bought music because of the podcast?" After posting, it garnered a flood of positive responses, and Brian concluded that his podcast had exposed people to music that they “didn't even know about. Wouldn't that be exactly what the RIAA would want? It’s a free commercial for them.” Regarding his podcast, he added, “I’ve never made a penny off of it. The entire podcast is about loving music.”
So what’s behind all of this? Why does the industry actively inhibit this type of music endeavor when the result is music fans obsessing over music and seeking out music that they hadn’t heard before? If the RIAA’s objective is in fact to represent “people and companies” that create recorded music, aren’t they doing these people and companies a disservice?
If I were a recording artist who’s music was previously featured on “Rock and/or Roll,” I would welcome the advertising and I would wonder why the RIAA is making it harder for people to hear my music. But as I stated a few weeks ago in my last blog, the music industry isn’t necessarily in the business of promoting new music or lesser-known older music when it’s more lucrative to promote established catalogs of music at a fraction of the cost. After all, record companies have already spent hundreds of millions of dollars for these catalogs; now they need to recoup their investments.
Consider this: yesterday I saw a preview for the upcoming Disney/Pixar movie, Lightyear, and it featured the David Bowie song, “Starman.” It’s a fine tune, but whereas Pixar hired Randy Newman to compose new music for the original Toy Story back in 1995, spawning the gem, “You’ve Got a Friend In Me,” the new movie is promoting a 50-year old song, in this case “Starman,” owned by Warner Chappell Music, the publishing arm of Warner Music Group, which is owned by Access Industries.
Warner Music is one of the big three recording companies, along with Sony Music Entertainment and Universal Music Group. In short, these three music behemoth’s carry a lot of weight, and I suspect they’re willing to twist a few arms to get their high-priced music acquisitions featured on major motion pictures. I think the days of a modern songwriter being asked to compose three original tracks for a large, animated film are over. If there are exceptions – and I hope there are – I bet it’s for films with smaller budgets.
So where does that leave Brian Kramp and “Rock and/or Roll”? Well, there is a happy ending to all of this, albeit one that grew out of frustration. As I already mentioned, Brian took the hiatus after 2020 to complete his book on Cheap Trick, a labor of love that he’d started in 2017. Also importantly, Brian began to post podcasts again two months ago after signing on with the Pantheon network and agreeing to “fade out” music per Pantheon’s policy. In the age of music streaming, why the hell it matters if a podcaster plays an entire song or fades it out is a question for the ages. Somehow the distinction is critical for the RIAA’s mission of “advocating” for recorded music. Go figure.
How else will Brian’s podcast change? It remains to be seen, but Brian wrote to me that he would likely avoid big-named artists and “stick to the original spirit of the podcast: rare and obscure music.” Brian is also reediting a number of his older podcasts and rereleasing them without complete songs.
In the meantime, new artist without large followings and more obscure older artists must face the facts: the RIAA doesn’t care about them or their music, and they care even less about their fans. What they do care about is placing songs of big-named artists with highly-priced catalogs in as many commercials, movies, TV shows and video games as possible.
Get used to it, folks. You’ll be hearing David Bowie ad nauseam for the next century.