Local music being "napped"

- File

Elephant man

Winston Wilson, Jr., Staff Reporter

DESPITE attempts from many quarters to control it, Internet users still have the chance to listen to, or download music free of cost from various Web sites.

Web sites like Napster and Audiogalaxy give music lovers the chance to download songs, which can be stored on their computer hard drives for listening. They can also copy the music to compact discs for personal use or for sale.

Music from several local artistes is readily available from these web sites. The work of artistes like Beenie Man, Shaggy, Leroy Sibbles, Madd Anju, Elephant Man, Ken Boothe, Bob Marley, Carlene Davis, Buccaneer, Bounty Killer, Luciano, Sean Paul and John Holt are all available online.

Deejay Bounty Killer, one of Jamaica's biggest acts, is not exactly thrilled with the idea that his music can be downloaded and he does not benefit.

Promotion

"Me nah beg no fren from Napster; me no need dem promotion," he said during a tele-
phone interview, adding that he did not make his music for it to be exploited.

Deejay Elephant Man was unapologetic in echoing Bounty Killer's sentiments.

"It no mek sense people know yuh an' yuh hungry," he said.

However, there are other artistes who are willing to compromise the illegal distribution for the publicity to be gained. They do not mind, as much.

Deejay Sean Paul sees Napster as a promotional tool. Although there is no financial benefit, he "wouldn't fight dem" because he was getting exposure. He would like to get some money from them though.

For deejay Buccaneer, a system should be set up where people pay to use the works of an artiste. He cited a case of a Russian, having learnt of his music through Napster, being a fan forever. He said that although the artiste was helped "in some way", it also impacted negatively on record sales.

According to some industry insiders, Jamaican artistes and by extension their record companies, suffer dwindling profit margins because of Internet music-sharing companies.

Sonic Sounds, a Jamaican music distributor, has had a 50 per cent decline in sales because of web sites like Napster and Audiogalaxy which give music pirates easy access to Jamaican music.

Sales down

The company's managing director Jason Lee said that sales have been going down over the years, but since December 2000, it got considerably worse.

"Napster is not the only threat. It is technology in itself and the burning of CDs that is threatening the business," Mr. Lee said.

VP Records has suffered a 10 per cent decline in profits in the last two years.

The New York-based record company the largest distributor of reggae music in the world, attributes most of this revenue loss to 'napsters' like Napster.

"People download the same music we are distributing and make and sell CDs. Every day I see it," Shawn King, marketing manager at VP Records told The Sunday Gleaner.

He said that while Napster was a very good promotional vehicle, with the music being exposed, their pockets were not seeing the benefit.

He feels that even if the use of the web site Napsters was curtailed, several other similar companies were waiting to take its place.

"So if we can come to a payment agreement it would be nice," Mr. King said.

And only with a payment agreement being reached would Desmond Young, president of the Jamaica Federation of Musicans, be willing to tolerate Napster.

Mr. Young said that he is willing to enter arrangements with record companies, who will get payment from Napster.

Entertainment lawyer Lloyd Standbury believes that artistes should get "some returns" from Napster, or act as a collective and get a lawyer to stop the Internet autocrat.

The Blues

But Napster's days might be numbered. The World Intellectual Property Office (WIPO) and its Jamaican arm are moving ahead with a treaty that should make the music-sharing company sing the blues.

The Jamaica Intellectual Property Office (JIPO), WIPO's local representative, told The Sunday Gleaner that a treaty is on the way to stop internet piracy.

Carol Robinson, senior programmes officer at JIPO, said that although what Napster allows is illegal, nothing can be done about them at present. But the treaty was coming.

According to her, two treaties were being drafted by the World Intellectual Property Office (WIPO) that should effectively put an end to piracy and illegal distribution over the Internet. If the copyright holder desires.

The WIPO Copyright Treaty and the WIPO Performances and Phonographs' Treaty needs to be signed by at least 30 countries to be effective. Up to March 2001 only 20 countries had signed, included members of the European Union. Jamaica is in the process of signing.

If there is a violation after the treaties are signed, legal action can be taken by the copyright holder.

Whether the artiste sees it necessary or not, they get more publicity. Still, their work is being exploited. This, like every other story, has at least two sides.

Shocking Vibes director Clyde McKenzie agrees.

He said that although the courts have ruled it as straight piracy and there is no revenue for the artiste, Napster et al, makes the artiste more popular.

"But I think the real Beenie Man fan will buy his album, as opposed to getting it from Napster," Mr. McKenzie said.

He added that as a matter of principle he is against what Napster does.

But it was VP Records' Shawn King, who expressed the general feeling of the entertainment industry in a nutshell. He said that despite the benefits of Napster and company... at the end of the day it was still a business.