Stealing to feed your family is justifiable.
Stealing a wi-fi signal is okay too if you’re out & about, plus you already pay it at home, right? How about downloading music for free? Is that stealing? If so, is it justifiable?
I recently read an article equating downloading to a form of civil disobedience with the idea being it’s justifiable to break the law as long as you are attempting to right a wrong and speaking out as a form of protest, sending a message to those in power.
So. What message are you sending?
I have to admit that I was sort of disgusted by the initial fuss over Nipsey Hussle’s camp’s decision not to offer his latest mixtape up for stream and instead sell physical copies. But when I was looking for someone to blame I could only blame myself.
I’m well aware when we started out we bootlegged our fair share of material and offered it up for free. Yet aside from a few faucet pictures, the majority of the material we offered was in the form of mixtapes, OOP records and all types of Loosies. It wasn’t really about stealing money from anyone. The idea was to help spread the word about new sounds making their way in music, and shining light on forgotten artists and albums that helped form the foundation of the culture. But somewhere between Shawn Fanning creating Napster, the boom of music sharing sites (including us) and Nipsey’s Bullets…Vol. 3, something got twisted.
I don’t claim to be “in the know,” but I am aware of a few things:
1. Nipsey’s team initially wanted to offer the mixtape as a free download but was advised against it, instead opting to offer up physical copies for sale knowing that his fanbase isn’t the average denizen of the net. I agree and see nothing wrong with it. Yes, he’s a “new” artist but I don’t believe anyone invests their time, sweat and hard work in a project just for “the love” of the internet or even music fans as a whole. Hearing backlash to the tune of “I can’t believe he wants us to pay for a mixtape” makes me shake my head. So, you want an artist and whoever is backing them to invest in studio time, promotion and all that goes into creating an album… yet you don’t want them to make a dollar off it? If so, what’s the point of seeking a career in music? I don’t go to work for free and neither should your favorite “starving artist.”
2. We all know the music industry is lagging, but Hip-Hop is really falling behind. Yes, part of the problem with our culture was the influx of money and marketing that took it from the street corners to every television screen. But that’s done and there’s no reversing the process. The problem comes in when you look at how far sales have dropped for rap albums (for the record, Country is one of the few genres unaffected by the rise of downloads). If the labels can’t turn a buck, how can a Joell Ortiz or a Blaq Poet conceivably get the money needed to take their careers to the next level?
We claim we want certain artists to be pushed into the mainstream because their music represents the fundamental essence of Hip-Hop. Yet as consumers, we do little from our end to help labels recognize certain artists do have fans who support them financially. Dealing with enough labels and advertising agencies I’ve come to understand Hip-Hop fans don’t count. Not because there’s not enough of us, but moreso because we look, gawk and talk… however, we don’t spend.
Money talks. And since we don’t speak loudly with our dollars we don’t get serviced.
3. The legalities and consequences of filesharing have changed. Completely. Running this site and trying to roll with the punches to bring you daily Freshness have been a challenge. I have no complaints…well, I do, but I’m not whining in the least. I love TSS and what we’re able to be involved in along with you all. But at the same time, we went from a blogspot to The Smoking Section LLC. Why? “Limited Liability,” i.e. in case TSS gets its ass sued. Gotty would have a helluva time begging for spare change @ Circle K, trying to explain how he lost the house by getting caught up in litigation over a funky mixtape he wanted to share. Real talk. Even sharing mixtapes fully endorsed by artists will bring those e-alphabet boys sending you terse warnings that let you know it’s not a game.
How does that relate to Nipsey Hussle, the changing face of music, etc? It doesn’t, not directly at least. But what it tells me is if you’re bitching about paying $10 for a cd, I damn sure can’t expect any “donations” on my lawyer’s fees if shit hits the fan. And yes, TSS has lawyer fees too — I told you shit changed.
It’s not justifiable if you’re only downloading to save yourself some dough. Now, we do come together here at TSS and talk about an album we just downloaded, arguing its finer points. But how many of you buy a physical copy? Do you make your way to the show when it does make it to your area or pack up and take a road trip, going that extra mile to show how you’re really down? And when you’re at the show, do you hit the merch table? Are you protesting or just cheating Mayer Hawthorne, Phonte & Killer Mike out of a few hard-earned dollars?
Understand, I’m far from siding with the major labels here (in fact, read up on “Ban Major Record Labels Month“). In fact, we’ve effectively seen artists fairing much better independently over the past several years. But I do believe something’s got to change, folks. Otherwise our music will suffer the same fate as Jazz & Blues; both cornerstones of the Black community. But it’s a lonely rock to be standing on when you’re a musician and a man trying to make a living while still being the torchbearer of the art form.
Again I ask you, what message are you sending?





very well written
word. i’m gonna go buy some cd’s.
^ don’t buy any this month lol. Not from the majors @ least. Hit up an artist’s website or something of that nature.
Even though I fully understand the sentiments expressed in this piece, I really don’t think Nipsey has built up his fanbase enough that he can expect cats to pay for a mixtape when artists like U-N-I & The Kid Daytona are putting out superior product for free.
I’ve purchased aproxx. 5-6 albums in the past year, year in a half. That number is way down from the 10-20 albums I used to buy every year before I found out how to get music online. I’m all for supporting the artist, but only when the music is worth it. I haven’t copped a new mixtape in years and I feel zero guilt. Mixtapes are for promotional use and are supposed to be an artist’s way of attracting listeners. How do you attract fans if you’re asking them to pay for music from an artist they have nothing invested in?
So, you want an artist and whoever is backing them to invest in studio time, promotion and all that goes into creating an album… yet you don’t want them to make a dollar off it?
=====================================
These cats do shows and they get mixtape money from swap meets & such. Plus, Nipsey is signed to a major. He shouldn’t be hurting like that.
Post of the year! Good shit Gotty.
In all honesty, I do buy records…and by records I mean vinyl. I know everyone says they download to “preview” albums but I really do. If it’s good, I’ll gladly go drop my $12-$17 for a physical copy. It may be months or years later, but if I like it I eventually buy it.
I’ll admit if stuff doesn’t come out on vinyl I have a more difficult time copping. It’s hard for me to justify (to myself) paying $12 for a cd when I’ve had it in the same format playing in my car for the last 2 weeks. I’m working on that though.
i mostly dload old stuff or rare joints that i cant find at stores. I try to buy everything whether it be from a music store, electronic store, or online store.
Great post, Gotty. As someone who does own a blog on blogspot (hate it), I can attest to the troubles associated with just running any sort of music website today. Even sharing music which the artist has offered up for free has caused an issue between me, and the nonsensical entity Google uses known as Chilling Effect. Are these the injustices that cause everyone on the internet to forgo buying music for $10, when they can find it for free? Perhaps. The industry, and consumer products in general, have committed a crime against the people they need the most– consumers. Yet, we’re still the ones getting bit.
Ask any of my ninjas. I’m always checking out shows and tellin ppl to hit em up w/ me. Other than that, how do you expect a “Starving Student” to pay for an album with 3 out of 12-15 quality songs. I hope you don’t, cause the majority of theses albums are just that. Ppl used to buy albums in the 90s, remember, when real music was being made.
It’s hard for me to justify (to myself) paying $12 for a cd when I’ve had it in the same format playing in my car for the last 2 weeks. I’m working on that though.
===============================
Same here.
I admit that I sometimes feel guilty for copping something for free but I also remember all the years where I would spend stupid amounts of money on albums & mixtapes. Back to when I first started earning my own money, I would blow my puny summer youth checks on 125th Street supporting my favorite artists. I think I’ve more then contributed to the cause. Not to say I won’t continue to buy music, I’m just way pickier on which albums I spend my duckets on.
Well written, and blast me if you want to, but where has it ever been set in stone that artists have to make multimillions?
I’m pretty sure these guys rocking shows and putting out mixtapes, scuse me, worthwhile mixtapes are clearing the same capital that I am at my desk job.
I’m just saying where does “for the love of the art” come into play? If I can’t bitch about having to buy a $10 cd well then the artist shouldn’t have to bitch because i downloaded his/her album, cuz 90% off my itunes because it was shit.
For the record I do hit the shows, usually includes an hour trip thru traffic to the closest major which is Toronto, and do hit the merch table. That’s the only place I’ve bought an album in a long time.
But still… well written and I see your side… just gotta play the devil’s advocate… to an extent.
First and foremost, shout out to you for using the exploding dog graphic. I haven’t checked them in a hot minute.
As far as the piece goes, I was shaking my head the whole time. I felt like I was in church when the rev speaks on ‘fornication.’ However, I felt a little better when you mentioned the merch table.
First, I did it just because it was free. I, then, went through my phase of only buying CDs of artists I liked (I still don’t know how I justified having everyone else’s music in my kazaa/morpheus folder, though). Then, the laptop for college fucked it all up. iTunes brought me back to buying music somewhat. Being introduced to Murs’ music is what made me buy music a the merch table. That and The Minstrel Show!
Can’t be mad at Nipsey, though. I mean how is this negro gonna eat?
Like Kweli said in Manifesto:
“Seven: We soldiers for God needin new recruits
So if you rhymin for the loot then youse a prostitute.
BUT EIGHT: ACKNOWLEDGE THAT YOU NEED FOOD ON YOUR PLATE.
IN ORDER TO SAY GRACE MAKE SURE YOU BUSINESS IS STRAIGHT.
For some reason, I used to always skip eight.
Nice sermon, Reverend Gotty. LOL
On the real, this was a good piece.
Amp – the logic is slightly flawed to me, mainly b/c what a mixtape is now isn’t what it was years ago. Yes, it’s still a promo tool. But for a lot of artists it’s the equiv of an indie Rock artist selling their album. It’s their means to survive. Again the time & money involved raises the stakes as opposed to Clue making a tape, selling it to a distributor & you being able to cop it on the corner.
My position on mixtapes is decidely different, ask TC lol. But I value an artist’s mixtape a lot more than their retail ablum b/c it’s often more authentic & has less outside influence than anything that’s hittin stores shelves with their name on it.
Is it the end of the Stray Shots… If you like the music support the artist if you dislike delete it… Time to go buy some Sa-Ra Creative Partners (thanks for the stray shots)… Anyway first time commenter like the sites but the cooler fell off
i used to buy about 10 CDs a year…haha now i switched it to vinyl…i figure i can download the music, and burn a cd…but for the real special ones…nothing like vinyl
And nobody’s saying buy crap. Demand quality. But that same album you’ve been rocking heavily on your iPod, get a physical copy & do something to put $ back in the artist’s pocket.
^ word
haha i think this article applies here…written by the onion…”RIAA Bans Telling Friends About Songs”
http://www.theonion.com/content/node/43029
hahah real good article
Amp – the logic is slightly flawed to me, mainly b/c what a mixtape is now isn’t what it was years ago
==================================
I agree but there’s something about paying for what you can get for the free that defies ordinary logic as well. I know, I know, “support the artist” but when that download link is staring at you, it’s hard to say, “Nah. I’m gonna wait & spend $10 bucks on this”.
But all in all, you’re right. How can we bitch about the kind of music that’s being pushed to the masses if we don’t support the artists that really need it?
@ Merk
Damn homie, you make a good point. A very, valid point.
@ Amp
I almost went bankrupt by the age of 20, because of supporting artists that I like. Back when minimum wage was definitely below what it is today. I empathize.
I fucks with that Big Brother screenshot at the top.
Can you get into any details about the lawyer fees, or is that shit whispered behind closed doors?
i do believe that most will buy the album if its dope…
with that said im gonna bootleg the shit out of BP3…
as a matter fo fact im gonna hook up a package deal where you get all three BP’s for ten dollars…i might throw t pains last album in there just for good measure.
I’ve been reading TSS on and off since before I had my driver’s license and this is my first time replying to a post, so I’ll try to add something as thoughtful as what Gotty wrote above.
As you can gather from the first sentence, I’m pretty young. I’m also halfway through my undergraduate years at a fairly prestigious and severely expensive school. I’ve been lucky enough to receive good sized financial aid and scholarship packages, but I’ll still be coming out of school in a lot of debt.
Music is something I really love, and after school I’m seriously considering writing about music or doing something like that. I’m happy to give money to the arts. I have a student membership at the MoMA in NYC and probably spend a couple hundred dollars on movie tickets each year (I usually get books from the library), but I could never come close to paying for the music I’m learning myself up on.
I wish I could afford to give Tanya Morgan, for instance, a couple bucks as a thank you for the heart they put into Brooklynati, and I’ll definitely support them at their next NYC show. I’m sorry I have to download their record, but I hope they understand.
Thanks
Nick
And all the Lord’s people said Amen.
Thanks for this post, G.
Guy – it’s not exactly “closed door” but not anything worth talking about either. It’s more or less precautionary measures & things to keep a tidy house but that info costs.
El Capt – thanks for the comment but since I sense sarcasm & negativity, I won’t even…let’s just say I aint holding my breath to hear your second comment. Sorry lol.
Again, nobody should be buying every weak album that comes out. Economically it’s prolly not feasible & for most albums, they don’t deserve the purchase. But if you have 5 mixtapes/albums by Artist A downloaded & you’re hollering they’re the truth, you should have something showing as to say “this is what I did in return” & it should include more than lip service.
Ask me about Grind Time & I’ll tell you I faithfully buy two copies of each release. Name a retail cd from Jeezy, TI, LB, SRCP, El Michels, etc & I’ll show you a physical copy, a ticket receipt, a shirt, a poster, something.
I think hip hop music lends itself to bootlegging/illegal downloading/group rips more than other forms of music. Hip hop heads and artists have always been very aware of new technology. Combine this with the hustler attitude most hip hop cats have when it comes to promoting their music and the internet was a perfect medium to push all kinds of mixtapes and albums. I listen to all types of music, favoring hip hop and rap, but I have yet to find any country music or rock music blogs that provide the downloads that sites like TSS and other hip hop blogs provide. Also there aren’t sites like realraptalk.com for other genres of music. Sites where 1000s of albums are available for free. I commend TSS because this isn’t a site simply to download Maino’s latest album for free. Instead TSS promotes artists through loosies, mixtapes, videos and the like. Props to you guys, love the site, excellent post.
Also just got paid, about to cop a tee from the smoke shop and Bullets…vol 3.
Nick – Definitely understand how the money goes w/school. But if you’re spending money on movies, skip one movie & cop a CD maybe? Or those crappy gift cards we all get @ Christmas, use those. It’s still money & sales. Hell, that’s the only way I’ll buy an overpriced cd out of Barnes & Noble lol.
Not criticizing, just throwing out options.
this is why the newer artists have started focusing on singles and ringtones and the sort…spending a dollar or two versus 12-15 bucks on an album, that probably only has 3-4 good songs…its a sign of the times and an evolution of the industry
Now I aint never bought a damn ringtone & prolly never will.
FYI – LC’s the dinosaur of the Crew. She doesn’t dl @ all lol. But I respect that shit like crazy.
As for Strays, you’ve already seen less except their was never a formal announcement. On the flipside, you’ll notice what we choose to share has become more focused. Sorry but I’ll be damned if I catch a lawsuit or even losing what we started. Not worth the trade off. I do think I’ve mentioned before that Strays even got harder b/c we posted every goddamn album ever already lol. If you got a request though, holler.
Yet that none of change what goes on @ what’s posted in the comments b/c we can’t stop that of course hehe.
Adapt or die, thrive & survive.
I will say what everyone else has said…damn good post, Gotty.
The buying vs. downloading debate is about as old as the internet itself it seems with no clear answer in sight. From my standpoint, I buy albums I like. Case in point, I’ve bought seven albums this year, all of which I attribute to me downloading them and deciding to buy them after getting a “free listen.”
Maybe some see it that way, most don’t. Truthfully, I fully support Nipsey’s motive of wanting to make a piece of change off this seeing as how the music industry is in the state its in now with only a handful of artists really seeing money off the art.
Not sure incorporating TSS will reduce liability for filesharing.
From: http://en.wikipedia.org/wiki/Piercing_the_corporate_veil
For example, in situations where a director or officer acting on behalf of a corporation personally commits a tort [e.g. copyright infringement], he and the corporation are jointly liable and it is unnecessary to discuss the issue of piercing the corporate veil.
@Gotty
I havent bought a ringtone either…i meant to say that artists are shifting their focus onto things that are not capable of being pirated or bootlegged, or are much harder to…ringtones is an example of that
@ J. Tinsley
the free listen is what i do too…i grabbed the slaughterhouse album that was posted sometime last week and now i’m buying it on tuesday
also, as a DJ i feel like i shouldnt have to pay for music because i’m helping the artist promote his work, and i’m helping them sell more records…in a way i’m kinda working for the artist…but on the flipside, a DJ can be a casual fan too…which is why i still buy the music from the artists that i really support
AS – Nothing is totally foolproof & I’m/we’re aware of that. Again, that’s why the M.O. has been altered to a degree. I understand what you’re getting @ though.
Let me ask it this way. Everyone says “I buy albums of & support artists I really like.”
So who do you really like?
Nasir
The Roots
Mos Def
Talib
Em
Common
Clipse
Lupe
Autotune Free Kanye
Immortal Technique
Game
P.O.S.
Yeah I still buy albums of artists I like and albums that surprise me. But what falls through the cracks are albums of people that have no problems making singles, but struggle w/ the album.
But anything with a 3.5 cig rating has the possibility of being bought.
So who do you really like?
Camp Lo
X Clan
Count Bass D
Elzhi
Krumb Snatcha
Dj Quik & Kurupt
Prince
Eric B & Rakim
CL Smooth
Last 2 months, I have bought these CDs from Target, UGhh.com, Sandboxautomatic.com or FYE at the mall. I hear u and I agree with most of what u sayin but most ppl aintlike me. They have a “me-first , take take “mindset. Nothing we can do about it but I think Artisits like Phonte And Elzhi who do sell to this “take take talk shit” demographic should be shrewder with their product. II love tghe free internet album trend.I would have never gotten into artists like Pac Div, Rhymefest and Oddisee(who’s from my city) otherwise.Independent is the way to groove.
Good post Gotty. I have definitely calmed down from my “fuck the industry! I’ll never buy another album! major labels die slow!” phase. But it’s still a struggle. I must admit.
Nowadays I find myself buying AND downloading fewer albums. Mainly cause having so much stuff at my fingertips became more of a chore than a pleasure. But when i come across something good, I have been pushing my self to support. I buy a ticket everytime Phonte comes to town and I got Rae’s 15 in a shoe box under my bed in anticipation of Sept. 8th.
I know you all put your shit on the line to bring us that new and add a lil somethin to the culture so just know that we do appreciate that shit.
Besides. you showed me love back in 05 when my blog was up and running, so I’m rockin wit TSS till the wheels fall off.
filesharing equals stealing…but I dont mind stealing from major companies so fudge it! I bought thousands of albums since 88, but nowadays mostly by accident or dope artwork. I’d rather give a random hobo my loose change than give it to Jay-Z(or support Nas baby mama… or lil waynes drughabit)
BLAH!
Everyone, not everyone but every artist, thinks they have enough talent to sell records for a major distribution company but how is that putting money back into the artist pockets??
When the artist signs the distribution contract most of the time it includes publishing. If you are that disport to get your music out than you are opening yourself to attacks & allowing people (not always the consumer) to pirate pieces of your work. When you are dealing with major labels your work my get passed down to at least 25 people (including Djs), but none of those people paid any money to you they rather convince you that they are going to help you sell your music, but in all reality they are ones profiting most of the time. That is why they offer you a contract….no one in there right mind is going to offer anyone a contract if they are not going to profit off of it so why should the consumer be the one that is looked at as the thief? When it comes down to it, in all actually, you (the artist) are only stealing from yourself. If you don’t want to work hard to be wealthy than your going to be a lazy ass rich person that has the government breathing down your neck for taxes that you owe from a contract that you sign 5 years ago. Unfortunately, for hip-hop that has become the means be which u survive: Get signed to a major label, bust a check for $100,000 (or whatever artist sign contracts for these days), & than you think all u got to do is to sit back, write a couple of lryics (including a song for the ladies) & sell out shows?!!? Then when you don’t sell out shows blame the consumer, when you don’t go gold blame the consumer, & when your mixtape/demo gets played before you had a chance to make a legitimated single blame the consumer…..
SMH
I’d rather download something first….check if it’s dope…and if it is…I’ll make a purchase.
that’s just how I do it.
and about artists trying to make a dime with their music…okay, I can respect that. but if you don’t have the respect, dedication, time and fanbase of the major leaguers of the game….chances are, you have to do what you have to do to convince people that you are the real deal.
Nipsey Hussle (an example) has yet to convince me that he is worthy of a purchase…album nor mixtape. So, if he’s selling his tape, chances are I won’t buy it….if it was up for free, I’d get it and I’d check what the hype is all about.
Nowadays, you HAVE to give out a lot of music for free…how else are you going to make a name for yourself? These new rappers are not Jigga, Kanye, T.I…shit, a lot of these new rappers aren’t even a Fat Joe, so what makes them think that they’ll be able to make mad $$$ and fame off of the audience other than their current fanbase?
just saying….cats like J. Cole, Drake, Wale and the rest have proven themselves to me and a lot of other fans by providing good music for free…Nipsey Hussle still has some work to do IMO.
i been gettin music for free since i was 9 years old. makin dub tapes off the radio. dubbing other peoples albums by putting a strip of tape on the top of a wack cassette. when the carter III dropped i burned that off somebody cause i knew he’d be straight (turned out to be an understatement.) these days tho, i only download it if they put it out for free, i didnt buy a cd for a year. but as soon as i got a job where i could stop eating ramen i started copping like 2 a month again. i love having a physical copy with some art. i was pissed at Mos tho for making me go online to check album credits.
Iiiiiiiiiiiiiiiiiiiiinteresting topic.
I feel like I’ve paid for enough shitty tapes and cd’s in my 247 years on this planet…
Plus I know this is kind of beside the point – but Im also sick of the fact that I – We – All Of Us, have been so bombarded with marketing and advertising and promotion and brainwashing and (seriously, you have no idea) the billions and billions of dollars of reseach into Deep Psychology as it applies to advertising, from the shape of a logo right down to programming us from BABIES to be better consumers….. that (i know its wrong) but these (and any) corporation can go eat a fly off a jumping cliff bowl of societies collective french faeces as far as im concerend.
If i really like it i’ll buy it on vinyl end of story.
Plus also, i know i’ll get accused of being on the squads testiculars, but look at an outfit like So Icey (before that Cash Money, No Limit etc)…. I kind of like the fact that MUSICIANS might actually have to make a living off touring and performing, right there in front of our faces in the flesh, rather than these heavily marketed pieces of plastic that scratch so easily they might as well be disposable.
Independant I HUGELY respect. (dont worry i know no one cares)
Another thing to consider – is that the hype of the dying record industry (vinyl is booming btw) does not take into account the false bubble of growth created when cd’s first came out, people went out and brought everything they already had on cassette and LP a second time, for the new compact disc format.
This growth wasnt sustainable and sales were tipped to plateau then sharply decline before the internet even existed.
K-Rino (Scarface’s Favorite Rapper!)
All Star
Pill
Hi-C ()
Kevin Gates
Max Minelli
Gemstones/DeMarco Castle
Killer Mike
Shyne
Hell Rell
Young Buck
C-Nile
Scarface
Rakim
Haystak
& of course the entire Slaughterhouse group…
Gotty what’s a good email for some tracks to send you? I got a couple off that new Haystak ‘Came A Long Way’ that you gotta hear ASAP….
http://follownobody.duckweedmafia.com/pictures/support%20this%20post.jpg