Rocking Out at the Byte Club

Can New York Musicians Download Success Off

Ben Eyler had his fleeting moment of Internet glory for two weeks last September. The Manhattan-based singer and guitarist was's top unsigned artist pick, receiving the highest rating everfrom the magazine's editors: 7.8 out of 10. His uploaded MP3s had passed through numerous rounds, starting out in a field of thousands and at last beating out nearly 75 other finalists.

On, a site that doesn't offer editorial evaluations, the Web pages of over 50,000 other musicians are testimony to their hope that uploads are gateways to more listeners, industry recognition, and eventual stardom. Downtown singer-songwriter Phoebe Legere even finds that the online community of replaces "disappearing East Village bohemia." Since September, the number of acts on the Web site has been increasing at a rate of 13.5 percent a month.'s musician pages, however, have recently begun to share space with a flurry of letters that the site claims are about nothing less than a revolution. On January 21, soon after announced its launch of, a service that allows users anywhere to access an online database of music, the Recording Industry Association of America (RIAA) filed a suit alleging "brazen" violation of copyright law. In response, argues that more is at stake than its own business model: CEO Michael Robertson accused RIAA of employing "the rhetoric of a monopolist" and declared, "The question is, to whom does the music belong?" The Web site then proceeded to file a countersuit on February 8, accusing RIAA of unfair business practices and defamation. While fledgling Net companies like and Atomic Pop are raising the call to arms against corporately produced and owned music, many of the artists themselves are starting to wonder when—or whether—this revolution is coming to them.

(top) MP3 all-star founder Phoebe Legere; (bottom) Rolling Stone MP3 champ Ben Eyler
Photographs by Dennis Kleiman
(top) MP3 all-star founder Phoebe Legere; (bottom) Rolling Stone MP3 champ Ben Eyler

For many New York-based artists, the Internet as musical medium is exciting but unsettling territory. Eyler, 26, who looks and sings like a cross between Randy Newman and Joe Cocker, had moved to the city, like so many others, to fulfill his dream of becoming a full-time, paid musician with his own band. At most, 100 loyal fans come hear him belt out tunes at such Lower East Side clubs as Baby Jupiter or Tonic. Thanks to the pick, his world of listeners expanded to 2000 more people in just two weeks. And then the site was revamped, and the downloads stopped.

MP3 is the data compression format that allows audio files to be efficiently downloaded from the Internet onto a user's hard drive. But since for most of the Web-connected, broadband access remains elusive, the efficiency gained by the compression format is still relative. With a normal 56K modem, one MP3 track can take anywhere from 10 to 30 minutes to download. Regardless, within the music industry, MP3 is being hailed as either savior or pariah. It offers musicians a way to distribute their music online while they retain up to 50 percent of the profits, compared to a standard 10 percent on major labels. Hence, supposedly the largest threat to major-label control over copyrights and distribution since recordable cassettes—and one motivation behind the AOL-Time Warner and Time Warner-EMI mergers of recent months, say industry observers.

It's a truism among musicians, and now among many of the new MP3 distribution sites and online labels, that things in the industry aren't like they used to be, back in the '60s and '70s when record companies invested significantly in new band development. "Quite frankly, the mechanisms of the business were much more focused on career growth," says Al Teller, founder and CEO of Atomic Pop, an online music company started in 1999. Teller, an industry veteran who is credited with guiding the careers of everyone from Bruce Springsteen to Bobby Brown, says, "That idea has gotten lost as companies have gotten large and pressures to perform have transformed their approach." Teller and his company plan on nurturing artists over time, he says, and the reduced economies of online distribution and marketing allow this. Many musicians, in turn, see MP3s as a way to avoid the whole conundrum of attracting label investment.

But recording some tracks in your basement studio and throwing them onto the Net isn't necessarily a ticket to international stardom. Not only is the onus now on the musician to market herself to a national audience, musicians are equally prey to piracy worries. "Always the crux of the matter for any artist not on a major label is, 'How do I get to a wide audience and not let people get my music for free?' " says Marty Beller, an East Village drummer and composer who has worked with both major-label artists and modern-dance companies. For now his site,, offers a bio and 30-second streaming audio sound bites. Having MP3s available is an option for the future, when he may sell his CDs through a site like or CDnow.

The chance that someone might e-mail tracks to friends for free—or even share them through sites such as—doesn't worry MP3 All-Stars founder Phoebe Legere, who first uploaded tracks to in February 1999. "It's been one of the most exciting experiences I've had in a lifetime of experience in the music industry," she says. The All-Stars, New York artists on, perform regularly at the Sidewalk Café. One freezing night last January, Ms. Legere could be found in a red vinyl devil's suit singing "Crazy White Trash," her #16 song on the downtown Manhattan "Cooper" section of Is such an audio-visual experience really replaceable by checking out an uploaded photo of Legere while streaming a "lo-fi" version of the song? Fans must think so: She's making money off it. tallies an artist's pay-out based on click-throughs called Payback for Playback; the top earner for both December and January was an electronica act from Minnesota called The Cynic Project, which made over $9000, according to Bruce Friedman, vice president of content and community for the site. "From, I'm paying rent on a New York apartment," says Legere.

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