Crackdown on Illegal Music Sites: The Solution is Not So Simple

In a well-coordinated move, the Indian Music Industry (IMI), a consortium of more than 100 music companies, recently managed to get an order from Calcutta High court directing ISPs in India to block 104 music sites on charges of piracy. Some of these sites such as songs.pk, musicindiaonline.com, dishant.com, and smashits.com are extremely popular destinations for music lovers. Medianama.com, one of the top websites focusing on business related to digital media and entertainment, said that the IMI had made a case against each website, quoting Apurv Nagpal, CEO of Saregama, one of India’s largest and oldest music company. Medianama further said that the court orders were obtained on different dates and the first order was against songs.pk.

The order against songs.pk was widely reported in media and we had even discussed it in our editorial meeting in Dataquest. But I came to know about the blocking of the other sites when, while searching for the lyricist of a 60s Hindi film song, in the third week of March, I clicked on a Google link and found the message that the site has been blocked because of orders from DoT. It is only when I did a couple of more queries that I saw a few write-ups (none in the traditional media) about the sites being blocked because of the orders from Calcutta High Court. Medianama even gave a list of all the sites. I found that many of the sites that I often visited to find/confirm info about songs (esp the year of a film/lyricist etc) are in the list. Most of them are music streaming sites.

According to IMI, these are illegal sites while there are a few sites such as raaga.com, gaana.com, in.com, and dhingana.com that have legally obtained licence to stream music. The average user of the sites, however, have no way of knowing which one is legal and which one is not. Most of the people I know who use these sites are heavy purchasers of legal music. When I asked a few of them, most of them said they choose these sites because of ease of navigation/look and feel. I agree with that but have one more parameter: accuracy of information about songs. This, because, there is little to choose when it comes to the quality of sound or speed between one site and another. The Saregama site scores heavily on the accuracy-of-information front while it is poor when it comes to presentation and does not work quite often. Flipkart’s Flyte—though much better in terms of presentation and navigation—has quite a few mistakes when it comes to information on songs—one common and frequent error being combining films of the same name (one released in 40s and another in 90s, for example) to a single album.

So, while feeling good about the success of the anti-piracy moves, I was a little sad that these sites—to which I often trurned for a quick check-up of info—would not be accessible any more. But as feared by many analysts and legal experts, they resurfaced under different names. Songs.pk became songspk.pk; musicindiaonline.com became musicindiaonline.co; and dishant.com became dishant.co and so on. So, while the music industry may have won a battle—that too partially, what with all the resurfacing of some of the sites—the war is still far from being over.

But what is this war all about? On the face of it, it is piracy and loss of revenue to the music industry. From a moral and legal point of view, the IMI action looks plausible. But when you look at it practically, it is bound to fail because of two reasons. One, well discussed by many bloggers, is technical: it is virtually impossible to completely ban sites. In any case, restricting through ISPs would work only in India.

But the other reason—and I think it is far more important—is that the music industry is not yet prepared to embrace the change that would actually give them back the power. We have come to a situation like this because the music industry has been lax in moving with the times. People’s unwillingness to pay is only part of the reason for piracy. An equally strong reason is access to music. In my school/college days, for example, there was virtually no way to “get a song” without “recording it (read piracy)” till Gulshan Kumar exploited a loophole in the law to re-record many of the yesteryear’s hits in newer singers’ voice and offer an alternative. And even though these songs stood nowhere in comparison to the original, people lapped them up because they were affordable and more importantly, they were widely available. In fact, many people in my generation might have first listened to a song in Babla Mehta’s voice before listening to the the Mukesh original! Kumar created a few star singers such as Kumar Sanu and Sonu Nigam in the process! And brought about the first big change in the industry.

While Kumar’s method and today’s illegal websites’ methods vary in terms of their legal status, their basic raison d’ etre is the same. T Series under Gulshan Kumar and many sites of today were created to make music reach people in a music-hungry nation in an easier, friendlier and cheaper manner.

Today, the users of those sites, if asked to pay some money, could actually end up paying, provided pricing is right and paying is trouble-free. After all, they have been paying for things like caller tunes amounts which are often 20-30% of their montly spend on mobile!

My argument is not meant to justify illegal streaming, but to point out that the music industry is as much responsible for the problem as anyone else. And it cannot fight the disease by trying to cure the symptom.

A look at the table here would tell the story. The data is from Google AdPlanner and may not be 100% accurate. But even if you take 30% error margin, you get to see the point. Why should an obscure name like song.pk would get millions of pageviews while India’s best known music brand—which also has a vast collection available in its site for downlaod—can muster only a few thousands? Yes, the fact that they are free could be a big reason; but you will be fooling yourself to argue that it is the only reason.

And yes, these traffic figures are for Marh 2012, which for the blocked sites, are a mere fraction of what they used to get before the ban. As one can see, the loss of these sites has translated to gain for some legal streaming sites and not for Saregama.com.

Traffic: Music Sites in India

SITE TYPE UV (India) PV (India) COMMENT
Songs.pk Illegal/blocked 5.6M 23M Dropped by almost 2/3rd between Jan-Mar
Smashits.com Illegal/blocked 830K 8.3M Dropped significantly between Jan-Mar
Dishant.com Illegal/blocked 570K 2.2M Dropped significantly between Jan-Mar
Musicindiaonline.com Illegal/blocked 320K 3.8M Dropped by almost 3/4th between Jan-Mar
Hummaa.com Legal 680K 2.6M No major gain between Jan-Mar
Gaana.com Legal 2.9M 16M Significantly moved up between Jan-Mar
Raaga.com Legal 2.2M 9.8M No major gain between Jan-Mar
Saavn.com Legal 1.1M 70M Significantly moved up between Jan-Mar
Dhingana.com Legal 1.6M 7.5M Actually dropped between Jan-Mar
Saregama.com Music Label 130K 230K No major gain between Jan-Mar

Source: DoubleClick AdPlanner by Google. All figures for March 2012 and for India traffic. K stands for thousands and M for millions. UV: Unique visitors. PV: pageviews

Most music companies believe that they can continue to do what they have been doing so far—recording the music, owning the copyright, and revenue should come to them automatically, even from newer channels. Legally, it is a valid stance. Practically, it is not.

So, what is the solution? It surely is not rocket science. Most of them know the answer; it lies in mainstreaming these sites and not excluding them. Medianama has carried an interview with Saregama CEO, who admitted as much.

We don’t want these sites to be shut down, we want them to pay a license fee and flourish as a business. There are legitimate businesses in operation too. The scope is there, and we want these sites to be legal.

But they must act. It should be right approach; right and transparent pricing. In another story, Medianama said that IMI was unwilling to share pricing. While sharing any exact pricing may be tough, it should reach out with a rough idea, because many of these sites are run by young kids in their 20s. They will not come running to get into sophisticated discussions.

It is not really lack of intention that is the problem with the industry. It is the discomfort with the disruptive changes. Take Saregama for example. It takes one step at a time. As a buyer of legal music all through, I have tried everything and can say with some authority how it has evolved. First came hamaracd but not with mp3. So, you could get around 10-12 tracks for Rs 300 or so. It won’t work half the time. Then came their current website with provision to download mp3s for a price. Then came a set of MP3 CDs—really beautiful compilations of old Indian light music—film, bhajans, ghazals—priced for Rs 75 for 40 songs. Almost all of them are gems. But try to look for them in any big store—Landmark, MusicWorld, Planet M—you will never find too many of those titles. The company site is silent about this series. Then came Flipkart’s Flyte, which made the downloads far easier and friendlier. Yet, unlike books, music is a mass market product and e-commerce with credit card/online banking is still pretty unreachable for many. Not surprisingly, cash on delivery has been the preferred mode for most e-commerce buyers in India. That is not an option in downloads.

With always connected devices, the future is clearly streaming. My own experience says that 80% of the music that I buy, I do not listen for more than 2-3 times. So, I will not mind if I can pay a very small price per listening a song. That requires a completely different kind of pricing. So, any song that costs Rs 6 at Flipkart Flyte should probably cost no more than 30 paise for listening once. This is not a suggestion by me based on any calculations, but just an illustration. The actual calculations may show even more dramatic pricing. What I want to point out is that it requires disruptive thinking.

But I must reiterate the point I made earlier. The bigger issue is ease of paying and not pricing. Even if it is 30 paise, a user with no credit card or online banking can do precious little. If, on the othe hand, the payment is through, say, a mobile, it is absolutely possible to target a much biggger base of users. It can be really simple. An SMS goes out with a code. Once the user enters the code, he can stream/download the music and it gets debited from his mobile balance. Yes, it requires talking to a couple of players—an operator/an independent payment gateway etc—but it is not impossible. And I am not stupid enough to believe that these ideas are my original and have not occurred to the bright guys who run the music business. Or for that matter, this is the only way it can be done!

The problem is not lack of ideas; it is not even lack of intention. It is just lack of strong will to disrupt a model that has been in place for so long. If the music industry does not do it, someone else will do it. Apple has already done it to a great extent, creating value for itself but making the music companies a little richer, which they seem . But as Apple without Jobs is beginning to face the possibility of an anti-trust trial in case of e-books, the closed model is being threatened.

As of now, the illegal web sites may be getting a few ads, which makes them sustain the business. But if they have to be in this business, they will have to charge the consumers or get targeted ads. These sites have to be convinced that they have to walk half way. The music industry must walk the other half. But as big boys, the onus is on the music industry to drive the change. Else, change will just happen—to them.

Advertisements

5 Comments

Filed under Digital Business, Digital Economy, Emerging Opportunity, Media, Technology & Society

5 responses to “Crackdown on Illegal Music Sites: The Solution is Not So Simple

  1. Interesting insight!!!

  2. Ibrahim Ahmad

    Shyamanuj – a very good piece but just too long. Alternately is there a provision to give a short summary for “BUSY” folks like me 🙂 🙂 🙂

  3. Media companies or for that matter governments…do not get the point. Blocking sites is a knee jerk reaction. Music companies even in US have been following similar route with napster and other P2P sites. They dont understand that the ground they are standing on is shifting.

    What prevents these music consortiums from approaching the site owners and get a royalty arrangement in place than go knocking to high court. They dont understand that simple fact that blocking is not equal to deleting and it only takes $10 domain and a five minute redirect to get a new site online.

    IP rights are fine, but who stops them from going for a royalty arrangement. Instead of exploring new markets the Music industry is trying to stop change. The power to change is not with the industry but the audience. Working with is anyday a better option than working against.

  4. tellnaga123

    Media companies or for that matter governments…do not get the point. Blocking sites is a knee jerk reaction. Music companies even in US have been following similar route with napster and other P2P sites. They dont understand that the ground they are standing on is shifting.

    What prevents these music consortiums from approaching the site owners and get a royalty arrangement in place than go knocking to high court. They dont understand that simple fact that blocking is not equal to deleting and it only takes $10 domain and a five minute redirect to get a new site online.

    IP rights are fine, but who stops them from going for a royalty arrangement. Instead of exploring new markets the Music industry is trying to stop change. The power to change is not with the industry but the audience. “Working with” is any day a better option than “working against”.

  5. sag

    real matter is very different , i was trying to get info about licensing fees , first of all no one replied back and iprs.org has tariff info that you can not believe it says for website streaming music 36 lakh ? what ..??? ahhh?? i tried to confirm i might be wrong but i didnt get any replay back.. while in USA if you visit BMI website and their customer service ,,,, 100%,, so basically instead of knocking door for right , better to make a proper system so web owner/developer can do something, and yes if any one has updated information about getting music streaming license please update me.. via email.. sagboris@gmail.com
    Thanks.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s