IFPI Digital Music Report 2004
IFPI Digital Music Report 2004
IFPI Digital Music Report 2004
> The rapid development during the course of > The industry will use litigation internationally
2003 of a critical mass of legitimate online where necessary, as it has done in the US.
services, reaching around half a million Making copyrighted music available on the
consumers in Europe by the end of 2003 - a figure internet without permission is illegal in virtually
that is set to increase sharply in 2004. Yet the every country of the world. This is not a grey area
results of our survey, released for the first time in and people who are breaking the law may have to
this report, indicate a very low level of awareness face the consequences.
of the existence of these legitimate services
among consumers. > The different processes our industry is
developing in order to create business models
> A high level of awareness among consumers for the online environment. These are often
internationally that distributing copyrighted underestimated and misunderstood outside the
music on the internet without permission is music industry.
illegal. Our survey shows that in a selected
number of countries in Europe, 66% of all people > Evidence that illegal file-swapping hurts sales
were aware of this. of music. A survey of five major markets shows
that 27% of people downloading illegally
> The impact of the industry’s internet anti- distributed music bought less music as a result.
piracy awareness strategies. Two factors
explain the progress made in this area: the public
information campaigns conducted around the
world in 2003 and lawsuits against individual
large-scale uploaders.
3 IFPI ONLINE MUSIC REPORT 2004 2. iTunes sales from April to mid-December.
Milestones in the development of the US online music market in 2003
2003
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
The legitimate online music market has become very 2003 were the most recent in Europe. Most of the
competitive, with services looking to secure new European services are OD2’s brand partners, but
marketing routes via partnership deals with: several independent services are also beginning to
emerge, such as Germany’s T-Online ‘musicload’,
> Broadband suppliers: iTunes and AOL, Rhapsody launched in the summer of 2003.
and Comcast
Following the US example, European-based services
> Hardware manufacturers: Musicmatch and Dell, have now widely introduced the à-la-carte option
Napster and Samsung whereby consumers are able to buy single tracks.
> Other established brands: iTunes and Pepsi, This sharply increased the number of customers
RealPlayer Music Store and RollingStone.com for legitimate online services in Europe, which
reached over half a million people across all services.
> Academic institutions: Napster and Penn
State University This figure is expected to rise further as services
such as iTunes, Napster and Rhapsody enter the
Moreover, in January 2004 Apple announced its European market in 2004. The amount of
agreement to license the technology behind its available repertoire on the existing services
digital music player, the iPod, to Hewlett-Packard has already risen sharply. Consumers can access
who will bundle the iTunes Music Store software between 275,000 to 300,000 tracks depending
into its PCs. Hewlett-Packard also intends to on the service used.
release its own digital music player to compete
with other products already in the market such While customer numbers in Europe grow, awareness
as the Zen Xtra, Dell DJ, Rio’s Karma and Samsung’s of legitimate services is still fairly low. A survey
Napster player. According to Apple, the iPod conducted by IFPI in December 20033 found that only
has sold over 730,000 units in the three months one in four people are aware of legal alternatives for
to December 2003. downloading music. Although awareness of such
services increases to nearly 40% for those aged
Legitimate online music services 16-29, the industry clearly has some ground to gain
in terms of making consumers aware of legitimate
in Europe - poised for sharp growth online services in 2004.
A burgeoning online music market has already
taken shape in Europe in 2003 through nearly Other announcements include Coca-Cola’s plans for
30 legitimate services. The launches of Entertainment its forthcoming service mycokemusic.com, due for
UK (EUK) and Virgin Megastore France at the end of UK launch in 2004, based on the OD2 platform.
3. Conducted by GfK Media for IFPI in Denmark, France, Germany and
Italy (n = 3,500, random sample).
Clearing sound recordings for online distribution can involve complex business
considerations with a variety of parties. The sound recording rights need to be cleared with
Rights-clearance
record companies and the rights in the songs separately licensed with relevant music
and re-negotiations
publishers or collection societies. Rights in many recordings may need different licences in
different territories.
High-performing Legitimate services are accountable to consumers and therefore need to ensure that
technologies download times are minimised for the range of consumers’ connection speeds.
‘Digital rights management’ systems are critical to legitimate services. Once a track is
Consumer-friendly
downloaded, consumers need to be able to store and use that track without violating
DRM and establishing
copyrights. However there are complex business negotiations and DRM technologies
‘usage rules’
behind such ‘usage rules’. All these require clever and costly technological solutions.
Both content and operating systems need to be virus- free and reliable, requiring a range
Virus free services
of supporting technologies.
Secure payment Legitimate services must be paid for. Secure payment and billing systems need to be put
systems in place, so that people can pay for music online using a variety of available means, from
credit cards to pre-pay cards and special accounts.
“2003 was the year we proved that consumers would pay for digital music -
it is absolutely clear there is a market. This has injected a huge confidence-booster to labels,
to investors and everyone who is looking at it as a business to get into.”
Ed Averdieck, Sales and Marketing Director, OD2
(European online music distributor)
iTunes à-la-carte downloads pay per song, audiobooks, share music samples via
music allowance accounts, email, exclusive tracks and on-demand
gift certificates sold at videos, customised playlists, transfer
iTunes and Apple Stores to portable player (iPod)
Napster 2.0 track streaming, monthly subscription for playlist recommendations and sharing,
customised streaming, Napster Premium, pay per exclusive material (on-demand videos,
à-la-carte downloads song, Napster Card sold at free online music magazine, exclusive
over 14,000 retailers tracks, in-studio performances), transfer
to portable player
MusicMatch track streaming, one-off fee for MusicMatch transfer to portable players,
customised streaming, Jukebox Plus, pay per song personalise CD package, new
à-la-carte downloads thereafter music recommendations based
on customer playlist
5,000
0
1997 2002
Source: IFPI survey conducted in Australia, Germany, UK, US and Canada. 4. Jupiter Research - Online Music in Europe, 2002.
Singles = 2 tracks; CDs and cassettes = 12 tracks
“MSN Music Club is growing in popularity > Developments in 3G mobile technology enabling
and this is to a large extent due to the delivery of video to portable devices and the
increasing number of the very latest A-list proliferation of Wi-Fi (wireless fidelity) ‘hot-spots’
releases that are available as digital with broadband capacity.
downloads. This is what large proportions of
the online audience want, and it clearly > Emergence of media-capable handsets such as
indicates to us that legitimate digital music the Nokia 7700.
services will have a mass market.”
Geoff Sutton, General Manager, MSN Europe (ISP) > The development of wireless DRM enabling
distribution of content across mobile operator’s
networks whilst protecting copyrighted content.
31%
This trend has been confirmed by independent 30% 29% 29%
2. Public awareness programmes highlighting Copy control technologies (CCT) are also
the illegality of file-swapping and the damage being used by record companies. These have already
it inflicts on people across the music proved instrumental in the DVD Video format, as well
sector; combined with the promotion of legal as in computer games and software. But CCT is now
alternative services. evolving further than simply preventing copying.
3. Co-operation with ISPs. Despite some initial technical and legal hurdles, by
integrating DRM flexibility with CCT protection,
4. Litigation directed both at unauthorised file-
flexible usage of the protected CD is now becoming
swapping services and at hundreds of individuals
possible - for example by allowing the ‘burning’
illegally offering and distributing substantial
of a protected copy, or by allowing the transfer
quantities of music files online.
of DRM-protected music files from the CD to
1. Protection through technology a PC jukebox or portable digital player.
As the technology used to create and play music Damage control
evolves, so does the role of technology in protecting
music against unauthorised copying and distribution. Among other things, legitimate technologies now
allow options such as making alternative (‘decoy’)
Music must be protected in two distinct ways. Prior files available on otherwise infringing systems - a
to release, recordings need to be handled securely to self-help measure that some record companies
avoid early leaks. After release, music must be have taken. Technology itself thus can provide
protected from unauthorised mass copying while important tools for increasingly effective action
giving consumers a wide range of options for against infringement on the internet.
enjoying it.
had an effect.
Other countries took out advertising to reach
Multi-media campaigns consumers, including:
Summer 2003 saw an alliance of music sector > Japan, where five other industry groups joined the
groups launch www.pro-music.org (see page 18), recording industry’s ‘Respect Our Music’ ad.
a website aimed at promoting legitimate online
music services and confronting the myths > Belgium with their ‘Please Don’t Steal Music. Just
surrounding online music piracy. The website is because you can doesn’t mean you should.’ ads.
supported by six international organisations - FIM,
> Canada with two recent advertising spots ‘Virus’
GIART, ICMP-CIEM, IFPI, Impala and GERA-Europe -
and ‘Jimmy’s Room’.
representing musicians, publishers, performers,
artists, major and independent record companies, Information to students and employees
producers and retailers across the music industry.
A national version of pro-music has been launched File-sharing activities have become a serious concern
in Germany, and in France with the support of to companies and universities as peer-to-peer
the French government, with other countries applications quickly consume their bandwidth. There
to follow suit. are reported examples in universities around the
world where virtually all of the institutions’
Many other countries have launched national bandwidth had been taken over by peer-to-peer
websites, along with advertisements, CD inserts or traffic, affecting those who depend on these
education tools. Canada’s ‘Keep Music Coming’ resources to study and work. For example, Lund
campaign, for example, uses all these media to University in Sweden reported in April 2003 that it
inform young Canadians that when people buy had blocked all access to peer-to-peer ports, given
music, they help artists create more music and give that peer-to-peer traffic had slowed its university
new artists a chance to be heard. network dramatically.
The ‘Get It Right!’ educational campaign of IFPI’s Copyright Use and Security Guides were
the Netherlands’ broad-based copyright coalition - mailed to thousands of companies, government
involving the Ministry of Justice and representatives departments and educational institutions in 21
of copyright industries - aims to teach the value countries in early 2003. They call on administrators
of copyright to 14-15 year olds. The education of computer networks within government, private
pack, which includes a video with Dutch rock companies and educational establishments to advise
band Di-rect, a magazine and an interactive website, employees and students against copyright misuse on
helps teachers introduce the subject of copyright to computer systems, in particular copying and
their pupils by taking them through the process by uploading copyright material to the internet without
which certain products like books, newspapers, film, permission from the rights owner. The guides advise
websites and music are created. these groups of the security and legal risks they run
when copyright material is copied and transmitted
The Singaporean ‘Don’t let the Music Die’ video has
without permission.
been distributed to almost 200 educational
institutions, and clips from the video broadcast on The distribution of the brochures to academic
television. Singapore’s largest broadcaster has also institutions was the start of a greater co-operation
run television and radio commercials as part of the between the music industry and universities around
‘Keep the Music Alive’ campaign. the world.
> Unauthorised web, FTP or other sites which are > Mp3WmaLand (Australia). The criminal court
overtly commercial but which may for ideological convicted three individuals in November 2003
reasons spend substantial amounts of time, for running a complex web of ‘free’ download
money and effort to maintain pirate sites, disguise sites offering an estimated AUD 60 million in
or move them to avoid the law, and resist take- recorded music.
downs or legal actions to stop them.
> Bruvik/Napster.No (Norway). In this case
> Individual users who don’t get the message. The brought by recording industry and music
idea of taking or distributing someone else’s publisher plaintiffs, the site was found liable
music for free on the internet is a seductive one in January 2003 for offering ‘links’ to
that may need a tougher deterrent response. Even unauthorised copies of recorded music
users fully aware that online infringement is (no relation to the original Napster
stealing may believe that they will never get company or case).
caught or face any real consequences, and thus
persist in illegal behaviour.
15% 13% 13% 15% 14% > Taiwan. Criminal prosecutions of peer-to-peer
users pending.
UK Denmark Germany France Average
Question: “As you may know, there are technologies available on the internet > Korea. Criminal complaints filed against 100 peer-
that individuals can use to distribute or share music from their computer to other
people for free. From what you know about the current laws, is it: 1) legal all the to-peer users, December 2003.
time 2) legal most of the times 3) illegal most of the times, 4) illegal all thetime,
5) Don’t know.”
The industry’s willingness to bring lawsuits, alongside
its educational and commercial initiatives to promote
Level of support for legal action good commercial and legal online alternatives,
should not be doubted. The recording industry has
Supportive Unsupportive No view
already demonstrated that is prepared to enforce its
18% 12% rights against major infringing uploaders on the
25% 20% 19%
internet where necessary.
28%
23% 27%
23% 31%
“We at Fnac have the ambition to become a
major player in the digital distribution of
music. We are convinced that the market is
59% 60% now ready for legitimate download services
52% 49% 54% and there is evidence to support this.
However for the market to really take off
it is crucial to fight against piracy - largely
UK
responsible for the decline in music sales - as
Denmark Germany France Average
well as giving consumers a really attractive
Question: “If you were to hear news that the recording industry in (this country)
is taking legal action against (nationality) individuals illegally sharing substantial and efficient service.”
amounts of copyrighted music online, would you say that you are: 1) Supportive Christophe Cuvillier, Directeur General International et
2) Unsupportive 3) No view.” Developpement, Fnac (French retailer)
visit: www.pro-music.org
Email [email protected] with details of planned or existing legitimate online music services
Published by IFPI, January 2004
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