You're at a T-Junction-deciding which way to turn--and going back is not an option.

The recording industry has reached this place, and it has decisions to make. Really big ones. The recording industry decided recently to take on, get this, college students. It had beaten Napster, but that didn't stop the public from file-sharing their favorite tunes. That supposed bastion of freedom, the college campus, was under siege as the record industry launched a $98 billion dollar lawsuit against students on four campuses for operating websites where they could swap music (at this writing, the students were offered settlements from $12,000 to $17,000).

To quote one University of Maryland student speaking to the New York Times, "I don't think I was doing anything wrong, but who wants to face a $98b debt for the rest of their lives? I was scared." Judging by the reaction in print, the record industry is taking unfair advantage of those who could not afford to defend themselves. Also speaking to the NYT, Howard Ende, a lawyer for one of the students, adds "[The recording industry] needs to find some other way to protect their economic interests than bringing lawsuits against bright creative young people."

How has the industry arrived at this place? Have you listened to the radio lately? The industry controls artists and content that you hear, but, in the words of self-styled "barefoot music enthusiast" and independent artist, Beth Wood, the "radio sounds like one big commercial to me." Ziggy Marley, recently interviewed in Relix magazine, weighed in with this bomb:

There's no future for the industry. There's a future for music, but the industry became too much about the markets and the image and they lose that vision where music is a tool and can be an inspiration. Eventually things are going to change and record companies won't have so much power. The internet will help musicians become more independent-you can reach millions of people so we don't need the record company to promote us. This is going to move forward unless the record companies have a change of heart and go back to the way it was before, when it was all about music.

There are thousands of radio stations from coast to coast, yet just listening to any of them gives me the creeps. The industry has spawned this monster, and the industry has to die, so American music can live. For every Faith Hill, there are artists such as Beth Wood and Jennifer Nettles waiting in the wings. Again, Ms Wood, "What's weird is that everyone I know likes [smart adult music] but there just is no outlet for it."

Growing up in the late 70's and 80's, I noticed a great swing in music as envelope-pushing artists shoved their way into the industry and people clamored for fresh tunes. Artists such as Run-DMC and R.E.M. brought their music to a public ready to express themselves through newer avenues of music. The industry was happy to sell, as long as the public kept buying.

To add, there was a great medium in radio called album oriented rock (AOR) or "smart adult music," which was a great place to go if we wanted to hear the new Clash album. Singles were released, but AOR provided a vision into the rest of the album by frequently bringing alternative album tracks to us. DJ's in AOR had greater leeway in bringing us their personal favorites, and AOR's style also incorporated emerging local bands on late-night radio programs furthering the musical experience for the local listener. As R.E.M. released more albums, they gained both listeners through AOR and buyers of their music (and let's not forget those lucrative back catalogues).

All this began to change during the 90's as radio stations were gobbled up by huge corporations. Groups like Clearchannel now own 2,000 radio stations. Playlists are shrinking, commercials are more frequent, and DJ's morphed into "radio personalities" though not necessarily local personalities. These factors have all conspired to shrink the opportunities available to emerging artists.

No longer are bands able to release two or three albums to grow a fan base then unleash the music of albums like U2's War or R.E.M.'s Green. The music industry wants million-plus sales out of the box, regardless of talent, and uses radio to push artists on the public. And the public are no longer buying.

Great people with huge amounts of talent were now left in this void by an industry no longer interested in promoting emerging artists. The advent of the internet has been the leveler. Bands like Jupiter Coyote, Phish, and Widespread Panic began using the internet as a marketing tool to get noticed. Piling music, merchandise, and tour dates onto their websites, coinciding with inexpensive digital recording, and bands no longer need the traditional recording industry in order to build a fan base for their music.

Almost all new artists have ridden this wave, and we don't even have to hit the music store to buy their CD. Just find their website and order. All the money goes straight to the band. You know what? I prefer it that way. If I go to Beth Wood's website and pay $15 for her CD and it arrives at my house in a few days, then that is great for me. After shipping costs, she pockets the $ difference. Who splits the $15 plus tax in Tower Records?

This is where the music industry has lost the plot. There is no longer a "buzz-creation" from buying a CD in a Tower or Musicland. With chain radio and chain music stores, you are left to your own devices if you take that $20+ chance. The internet is now the place to go for the music buzz. Everyone knows how much a CD costs to make. You can make your own easier and cheaper through the available internet outlets. Unfortunately, artists do get left out of the loop where the internet comes into play by not getting paid for content that is traded over the internet. I know there is an answer out there, and the music industry must find it.

A final word from Ms Wood. "The reason for the big stink is because the major labels were losing gobs of money…But was napster 'wrong'? Of course not...It was a situation where someone outsmarted the corporations before [the corporations] were ready and they panicked…I do believe in protection of intellectual property rights, but I do see the ridiculousness of it all. Art is for everyone…I believe people will still buy CD's and I have not seen a decline in my CD sales because of file-sharing."

I also believe that the public will not stop buying CD's. But will the record industry ever stop picking on those not able to afford a fight and really institute some sort of change? The recording industry has brought us albums, 8-tracks, cassettes, CD's and MD's in a century or so. It has been built on change. But it will really have to call on all its creative moxie or the recording industry may go broke putting forward all those lawsuits needed to stop file sharing on the internet.

May 2003