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Port 80 logoPopular Music:
The Defensive Strategy

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Lessig's Means of Control
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Setting the stage

You have a sense of how the music business works, how the dominant corporations make money and grow, and how they get and maintain power. Next would be to look at the industry in its current crisis, trying to defend itself against the forces of the Internet. What are the strengths, weaknesses, opportunities, and threats of the incumbents' position, the Big 4 or 5 labels? How do they best achieve their objectives in the current environment?

But first ...

What is the incumbents' position?

The Big Four or Five major labels are "divisions" within larger multi-national corporations. Each of the multi-nationals have other divisions -- often called something having the words "interactive" or "multimedia" in it -- that are preparing to take up the slack. One, Sony, has a hardware division making the machines that consumers use to rip tunes off the CD's made by the Sony record label.

As Sony's executives stated it in their 2002 annual report:

Since purchasing the Music and Pictures businesses, more than ten years have passed, and we have experienced many cultural differences between hardware manufacturing and content businesses.

You can just hear the Sony music folks saying, "How come you hardware guys make it so easy for the little rippers to steal all our music?" Of course, the hardware guys are responding, "How come you music folks can't figure out how to protect your assets?"

Sony picks Stringer
Red Herring, March 7, 2005

British-born Howard Stringer is likely to bring a global view as he takes the reins of Sony’s struggling conglomerate.

At the same time, Sir Howard acknowledged that Sony had no one to blame but itself for failing to reach the market first with a digital music player like Apple’s wildly-successful iPod. He said Sony’s consumer electronics division and its film and music groups could not agree on how to protect Sony’s intellectual property from piracy.

That's what it comes down to: assets. As a manager, you've been given responsibility for a portion of the organization's assets. Some are machines and people. Budget dollars are firmly attached. Others are intangibles like goodwill, the stewardship of which can make or break an up-and-coming manager without its ever appearing on a job description or personnel evaluation form. Finally, organizations are starting to realize, as a manager, you also have responsibility for a portion of the organization's knowledge, which is increasingly searchable and cut-and-paste-able on the corporate network.

If you were the CEO of such an organization, or the owner, would you want power to continue to come from hoarding information? Or from sharing it?

The Big Five record labels' assets

They are primarily the copyrights that composers and musicians have assigned to them by contract. If these assets were factories under assault, the prudent manager would have fences, walls, and a security force, and would immediately call in the police at the first sign of trouble. The judges and juries would back them up. But these assets are copyrights under assault. Copyrights aren't real property like real estate. They're intellectual property.

Who's doing the assaulting?

From Porter's one direction, buyers, it's the customers via software and the Internet.

From another direction, suppliers, it's musicians via software and the Internet.

From yet another direction, new entrants, it's niche labels via software and the Internet.

From the fourth direction, substitutes, it's wired teenage programmers and super users via new software and the Internet, this amorphous unknown called Generation Next.

The fifth of Porter's forces, industry competitors, is the weakest because all of them, as well as the larger indie labels, are under the same assault. What they need is collective action, a union of sorts, and they have it via the Record Industry Association of America, the RIAA.

They are also getting help from the Motion Picture Association of America, the MPAA, because their customers are getting the bandwidth and sophistication to handle movies, too. Thank goodness that the customers haven't found their way to collective action. Yet.

There's a pattern here, which suggests a strategy for organizing your four-front defensive assault.

PEST
Environmental Scan

Lessig's
Means of Control

economic

markets

technological

architecture

political / legal

laws

sociocultural

norms

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not ready below here

see musicbiz.txt

Strengths

size

Fortune Global 500 for 2003

* 189 US-based companies
* record revenues 14.9 trillion dollars
* record profits of 731.2 billion dollars

largest revenue

Wal-Mart
BP
Exxon Mobil
Royal Dutch/Shell
General Motors
Ford
DaimlerChrysler
Toyota
General Electric
Total Fina Elf

largest net profit
Exxon Mobil 21.5 billion dollars.
Citigroup 17.9 billion dollars.

Economies of scale conducive to the corporate growth imperative. A continual cycle of new artists uses infrastructure and justifies overhead. You sign them and you buy niche labels.

many records
many musicians

Quantification, Linearity, Segmentation: subjective music vs objective numbers; music = product, musicians = talent

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Weaknesses

Profit: quarterly, measurable ROI for shareholders

 

least-common-denominator musical "sound" that will appeal to the masses


 

Hierarchy:

makes product development slow and ponderous; high executive turnover and frequent management "purges" at large record companies can often delay or even derail a recording project indefinitely, leaving artists in the lurch.

peopled with dysfunctional, turf-protecting climbers
 

Dehumanization:

people are replacable. Decision making must not "let feelings get in the way." This applies as much to firing employees as it does to dealing with the consequences of corporate behavior in the environment or the community.
 

 

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Opportunities

 

Amorality:

Corporation: n. An ingenious device for obtaining individual profit without individual responsibility.
—Ambrose Bierce, 1842-1914.

Not being human, corporations do not have altruistic goals. In fact, corporate executives praise "non-emotionality" as a basis for "objective" decision-making. So decisions that may be antithetical to aesthetic goals or artistic integrity are made without misgivings.
 

Ephemerality: Corporations exist beyond time and space: they are legal creations that only exist on paper. They do not die a natural death; they outlive their own creators. They have no commitment to locale, employees or neighbors. Having no morality, no commitment to place and no physical nature (a factory, while being a physical entity, is not the corporation).
 

 

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Threats

History is not on the side of the Big 5. The CD (or whatever atoms replace it) producer and distributor will eventually end up in a niche market much as live theater got shoved aside by movies and then TV. But it won't happen this quarter or next, speaking in Fall 2004, so the worst is yet to come. Regardless, the multi-national conglomerate that owns the Big 5 will just move its resources to another division and may even sell or spin off its recorded music division.

So the biggest threat to the label as a division of a multinational is the loss of the deep corporate pockets when it is sold or spun off. But hey, the new boss could have even deeper pockets than the old boss, so why worry?

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modified: February 7, 2005
by Douglas Anderson
http://RicciStreet.net/port80/boardwalk/pop/swot.htm