QUOTE(Lyx @ Oct 29 2003, 09:04 AM)
The above site has a very limited amount of files, but contrary to iTunes and Napser, 50% goes to the artists, you can get your files as lossless FLAC or LAME-VBR, the artists keep their rights to their music, and an album costs 5$ instead of 9.95$.
There seems to be some confusion on this point but iTunes (and I assume Napster 2.0) doesn't dictate the terms of the musicians' contracts with record labels.
You say Magnatunes gives 50% to the artist but iTunes only keeps a third, giving two thirds to the license holder, which is admittedly often a record label. But if an artist has signed a stupid deal that lets the record label keep the vast majority of licence revenues without providing services (advertising, management, distribution etc.) of equivalent value then that is the musician's own fault.
The independant labels selling music through iTunes however are free to redistribute this money in any way they see fit. CDBaby are offering a service for unsigned acts where they take only a 9% cut: 91% of 66% is by my reckoning better than 50%, and being listed on iTunes is also far better exposure as you are listed amongst acts from the big labels. (see
http://www.cdbaby.net/dd for details)
A band such as Pearl Jam (who I am led to believe are no longer signed to a label) can sell their tracks directly through the iTunes Music store and keep the 66% for themselves. Again, why would they want to give up 16% of their income along with the many other benefits of being on a highly promoted and easy-to-use download site? (see
http://www.pearljam.com/downloads/ for more, though note that most of the music they have released so far was originally, and continues to be, licensed by a major label)
You really are comparing apples and oranges as iTunes is a store, not a record label, so selling on iTunes has never had anything to do with losing the "rights to their music" and I could just as easily hire an unscrupulous middle-man to buy my musical output and then re-licence my songs to Magnatune with a contract that would allow him to keep the vast majority of the proceeds. Would that make Magnatunes 'bad'?
And if we're talking about giving up rights, how can Magnatunes unilaterally give away rights to other people's music if they are encouraging p2p distribution? Seems odd to me.