The problem of piracy in music is, of course, very different from the problem in comedy. Stand-up comics worry most about a rival, not a fan, copying their jokes. Still, the reduction of consumer copying of music via norms may be possible, and will become more imaginable if the music industry experiences ever-greater fragmentation and communication. There is already an interesting example of norms playing a substantial role in controlling copying in music. In the culture of jambands, we see the fans themselves taking action to deter pirates.
What are jambands? In a fascinating 2006 paper, legal scholar Mark Schultz studied the unique culture of a group of bands that belong to a musical genre, pioneered by the Grateful Dead, characterized by long-form improvisation, extensive touring, recreational drug use, and dedicated fans. Although acts like Phish, Blues Traveler, and the Dave Mathews Band vary in their styles, they are all recognizably inspired by the progenitors of jam music, the Dead. But the Dead's influence is not only musical. Most jambands adhere to a particular relationship with their fans that also was forged by the Dead.
"Doctorow pointed out that two of the best-selling and most critically acclaimed hip-hop records of the 1980s-Public Enemy's It Takes a Nation of Millions to Hold Us Back, and the Beastie Boys Paul's Boutique-would have each cost roughly $12 million to make given today's rules surrounding sample clearance."