Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Monday, 8 July 2013

You turn your back for one minute...

And you get a fantastic piece of copyright fuckupery like this
Norwich city has, for some unexplained reason, installed a load of painted gorilla figures around the city.
Guess which one has triggered a copyright dispute? The Ironman one? The Batman one? The Optimus Prime one perhaps?
Nope, it's the Freddie Mercury one.
Really, what a fucking ridiculous claim and what a stupid thing to do by the The Mercury Phoenix Trust - seriously, what the hell do they think they're doing?
Idiots.
Simple, simple idiots.

Sunday, 24 February 2013

The Complete Manifesto

A while ago I started writing and posting a manifesto for the content industry. This spread over 15 blogs and about 10,000 words in the end. Obviously at this point a blog stops being a convenient mechanism for reading it so I've given it a bit of a polish and stuck it in a .pdf here: https://docs.google.com/file/d/0B0z6bKK0uOagRGVxT0dfNW1ZYTQ/edit?usp=sharing

Please read, comment, critique and share as much as you like.
Thanks
Drew

Saturday, 16 February 2013

Prototype (or There is a Change Coming)

There is a change coming.

A bunch of smart people, wanting to talk to each other, came up with a variety of bits of code and protocols
and tried them out.

Bits failed, bits succeed, bits got bolted together, pulled apart and stuck back together again.

An on-going prototype that is still evolving today, even though the testers make up about 50% of the planet
and the cost of the total failure of that prototype would be catastrophic.

I’m talking about the web* of course. The internet, the information super-highway**, this mesh of connections and conversations. From the actually-quite-hard-to-visualise wi-fi hotspot to the tangible words that you’re reading now; it’s still a prototype.

Because what’s coming next, the next set of prototypes, is the transition from virtual to actual. It won’t just be your phone / tablet / pc that’s connected, it’ll be your fridge, your luggage, your bicycle, your house and your 3D printer. All of these will be connected and communicating to each other. Hopefully with you in the middle of it all…

3D Printers may just be producing simple plastic parts at the moment but the price is coming down to real-
world levels, metal-matrix devices are in development and some very smart people are thinking about how
carbon structures might be “printed” at a near-molecular level.

There is another level of business and personal disruption coming, but that brings with it another iteration of
the usual challenges, and these are the biggest threat to this next level of interconnectedness.

It’s not the limitations of technology, it’s not the limitations of raw materials nor is it some hypothetical
limitation of mankind’s ability to handle the “future shock.” The biggest threat is the status quo.

The status quo of large vested interests’ control of political representatives.

The status quo of copyright and patent law being so broken that they no longer promote innovation and
creation but actively inhibit it.

The status quo of the groundless legal-action that drives a new competitor out of business, not on merit but
on the threat of an un-payable bill.

The status quo that measures value by the number of ideas locked up rather than the number shared.

This can’t continue.

From a practical perspective, it’s a war that can’t be won. The most effective mechanisms against illegal file-
sharing are not threats of disconnection, not Digital Rights Management software, not multi-million dollar law-suits or night-time raids on flamboyant businessmen in foreign countries. People, ignore, discard and work around these things. No, the most effective methods are making the product legally available at the right price, in the right format and at the right time to meet the customer demand.

For ethical reasons too, it needs to change. Every day people across the world are dying because ideas
that could have saved them are locked up in intellectual property. As the technology progresses, it will be
increasingly unethical to ship something halfway round the globe if it could be printed in your garage from
locally sourced materials. If knowledge can be shared instantly and at nearly zero cost, how do we ethically
explain the withholding of that knowledge?

Copyrights and Patents can still serve a very valuable purpose, but not in their current form. We need to
go back to the reason for their existence and start again before they lose all credibility and go the way of
Prohibition.

There is a change coming. Maybe we could try a couple of prototypes first…

* though if you removed the “wanting to talk to each other” bit and changed your perception of the word
“code” you could equally be talking about capitalism. But I’m not.

** I always think of Clive James when I hear this phrase.

Friday, 28 September 2012

Further musings on Copyright reform (3)

So, parts one and two done already yada yada yada...

The Copyright hub.
Actually some good stuff in here. Firstly they're not trying to build from scratch, they've actually done some research and are starting off with a lot of work done by the Copyright Clearance Centre in the US. Now I don't know anything about whether this is a good model or not (shout out in the comments if you have any experience of them) but re-using what's there is good project technique. Even if it's slightly ironic in this context...

Hmmm, in section 84 they mention a lot of the challenges that the hub will need to overcome to, basically, jam this new web thing into the old copyright box. Maybe it's time to look at whether the box is really the best thing for it, or even necessary at all?

They still seem to imagine individual users going for licenses for you-tube videos (not going to happen!) but they at least recognise that the hassle-and-cost factor might lead to stuff just being dropped. They also talk about making sure that the overall result is a "bigger pie" but I wonder if they've seriously looked at the pricing behaviours of the major rights holders over the last few years.

There's a section on education and information and how they plan to add this to the hub to help navigate the complex world of copyright law, but this seems to be addressing the symptoms rather than the actual problem: that copyright law is too complex and is unfit for the internet-enabled world.
Also they don't mention how they'll tackle the thorny issue of different international laws.

Section 94 has another depressing example of anecdote-based-policy making. Apparently a rights database "could have specific advantages in copyright enforcement across the internet including
• peer to peer file-sharing by individual consumers
• illegal websites and search engines with illegal websites appearing in their search results
• advertisers monetising copyright infringing material
• payment providers serving copyright infringing subscription services."
Needless to say it doesn't actually talk about HOW this might happen. That's just an industry wish-list that's been tagged on to a bit of wishful thinking.
This is followed by a paragraph that says dispute resolution is going to be critical and difficult and... ...we have no idea how to fix this.

There's a chunk on copyright and education and how difficult it is to navigate. Given the purpose of copyright is to promote learning and understanding (via the mechanism of payments to creators - important distinction that) you'd think we'd be able to come up with something simpler and more direct for schools - i.e if it's used in education it's "fair use" (to use the American term) and therefore allowable.
Overall this key chunk on copyright and education just comes up with better ways to preserve the status quo, it also suggest further use of aggregators and middlemen to simplify the process for the schools but all this will do is add an additional cost into the end price.
All a bit disappointing.

Next up, music licensing - that might take a few posts and will definitely be one for another night...

Wednesday, 26 September 2012

Further musing on copyright reform (2)

Following on from the first bit, I'm now into the detail of the report.
Already warning bells are ringing...
1) Still no recognition of the amateur / bedroom creator.
2) there appears to be a lot of anecdotal evidence here and very little factual research to back it up. For example: "We have heard from ITV, for example, that the adoption of the ISAN system has contributed
to increased revenue collection. Although it is impossible to be absolutely certain that the growth of collection revenues was the result of ISAN alone"
3) I have concerns about whether (in the absence of proper evidence) the differences between causation and correlation are being properly understood.
Carrying on...

The Images and metadata bit is interesting, a fair number of reasonable suggestions on unique identifiers and registries but then, when it gets to the critical bit about what to do about stripping out meta-data, it's back to a voluntary code of practice.
Sorry, but doing this deliberately is already illegal* so if, as suggested, the industry is in the habit of wide-scale meta-data stripping, what the fuck difference do they think signing up to a voluntary agreement is going to do?
It makes me wonder if the report writers have had the Treasury breathing down their necks the entire time saying "remember, there's no budget for this."
In my day job I'm what's euphemistically known as a "change professional" and I will tell you one thing for free; if you don't put budget and backbone behind something you won't change shit.
Carrying on

Finally in section 67 we begin to see the scale of creation at the moment. PPL reports that members are registrering new recordings at the rate of 10200 per week. That's half a million new recordings a year from the UK alone. But this is just the formal stuff that people register. I wonder what percentage of bedroom / amateur recordings are not registered?
To be fair, PPL appear to be doing some good stuff on databases, but I do worry a bit about the possible naivety expressed in the idea that where the UK leads other countries will follow and exactly how this will translate into good news "for the economy as a whole". As Dr Ben Goldacre would say, "the plural of anecdote is not data." 

Section 73 acknowledges the existence of content outside of the traditional industry channels. This appears to be covered in a single paragraph with a suggestion that the LCC project looks at it. Buck passed, no budget required.

Section 75, second mention of end-users. That might be you or me.

That's the data section done. The surprising thing about this is that they didn't expect this to be a problem when they started out. Who were they talking to? People have been discussing exactly this problem for years.
Oh well, it's also me done for the night. In the next thrilling installment we look at The Copyright Hub.
Join us then...



* Criminal as well as civil charges can be brought.

Thursday, 12 July 2012

Proposed UK Copyright reforms draft paper out (2)

Thanks to @copyrightgirl I have been reading the snappily titled "GOVERNMENT POLICY STATEMENT: Consultation on Modernising Copyright". Here is the second part of my initial analysis looking at Extended Collective Licensing and Collecting societies (part one is here).

Extended Collective Licensing
I was going to tackle the second third of the consultation today but it turns out this has largely been done for me already. To save me the effort of re-writing something already better written (and to save you the pain of reading it) I'll just direct you, well, directly to the bemuso blog site where you can read his* analysis.
There's 4 sections to it so it may take a while.
Go ahead, jump there now, I'll wait here.

Back? Excellent.
Now we don't agree entirely in our analysis, but only in context of who might be calling for this and benefitting from it. It's altogether likely that Rob (I hope he doesn't mind me calling him that) has sources of knowledge that I don't, but I wonder what makes him suggest that the people pushing for these changes (we agree that it's not the consumer) are "Google and the free content lobby". It feels to me that the people most likely to benefit from these measures are the currently incumbent collecting societies themselves.
So having concluded that the second section of this consultation serves only to bring confusion and complexity to both consumers and creators I shall move on to the final section of this document.

Codes of Conduct for Collecting Societies
This bit gets me down a touch because it shows such a lamentable failure to a) look at what's happened elsewhere and b) stand up for the public against vested interests.
Shorly after pointing out that this is a billion pound operation it says "However, the Hargreaves Review noted that collecting societies tend to be monopoly suppliers in the sectors in which they operate, and that there was evidence that practice could be improved in some areas. Hargreaves argued that greater protection was required both for members of collecting societies, and for their licensees."
It then describes feedback that raised issues "in relation to lack of transparency, administrative costs, and negotiation practices around licences and tariffs" - so pretty much everything they're supposed to be doing then?
Despite this we're going to extend these collecting societies? Even though there are plenty of other options that already exist out there in the market and aren't requiring government intervention (see the 3rd bemuso blog).
Clearly codes of conduct are required in order to make sure these collecting societies operate properly.
Well, no, actually that's not clear at all, but that's not how governments think.
But codes of conduct do a good impression of making it look like something is being done; that is definitely how governments think.
"Collecting societies and some rights holders favoured a purely voluntary model based on principles developed by a working group of the British Copyright Council. Considerable effort has gone into developing these proposals, and collecting societies argued that they would deliver the intended benefits of the policy. However, licensees overwhelmingly sought a statutory basis for codes of conduct, supported by the potential for penalties to ensure compliance and counteract the monopoly position of collecting societies. Their fear was that without a credible enforcement process, the codes would not have any real impact. This was seen as particularly important if collecting societies’ powers were extended (e.g. via authorisation to operate ECL schemes) to allow them to licence on behalf of non-members."
Well no shit. The vested interests want a voluntary code of conduct. Ask yourself how well that works for advertising and the press?
Fortunately there are some people involved who are at least nearly as cynical as me so we have "Government will therefore legislate to allow the introduction, through Regulations, of a backstop power to
enable the application of a statutory code of conduct. This power would be used in the event of failure by a
collecting society to implement or adhere to a voluntary code which encompasses the minimum standards."
I wonder if that will make it through to the final draft?

I still don't understand who, apart from the licensing agencies, is benefitting from either the ECL or the codes of conduct. This really feels like a classic case of "when all you have is a hammer, everything looks like a nail."
And I find that very depressing.

Friday, 6 July 2012

Proposed UK Copyright reforms draft paper out (1)

Thanks to @copyrightgirl I have been reading the snappily titled "GOVERNMENT POLICY STATEMENT: Consultation on Modernising Copyright". The press release has been titled "Modernising copyright to help strengthen contribution to growth" but I can't help but feel if that was their genuine intent then they have, if not failed, then at least fallen a long way short of a stunning success.

Skipping straight past some questionable statements in the exec summary (which does at least try and bring a measure of balance to the debate) we'll look at the separate chunks in this document.

The consultation covers three areas: Orphan Works, Extended Collective Licensing and Codes of Conduct for Collecting Societies. Having read through this a couple of times I'll address each section in turn. Corrections and criticisms are more than welcome in the comments.

Orphan Works:
For those unfamiliar with the terminology, these are works where the copyright owner is not known or cannot be located. This issue with orphan works is that these works are effectively locked up and no-one can make use of them. Remembering that the purpose of copyright is to promote culture and knowledge it makes sense to try and open up this considerably bank of material for wider use.
So far so good.
Basically the governments proposal is that orphan works can be licensed if a "diligent search" has unearthed no owners and been confirmed by an independent authorising body. At the moment the definition of diligent and the nature of the authorising body have not yet been revealed, so we'll skip over that.
The issue I foresee is around this paragraph: "This permission should come at an appropriate price – a market rate, to the extent that one can be established". The problem here is that the current major rights holders do not have a good record of setting reasonable market rates for licenses. There is a litter of failed innovative start-ups that have tried to engage the major rights-holders to license content but they've been squashed by completely unreasonable and, more importantly, unrealistic license demands.
Looking at two of the four key principles (i'm ignoring the others because I don't see a problem with them) there appears to be a bit of confusion as to what is being attempted here:
"• Minimising market distortion between orphan and non-orphan works, by ensuring the owners of rights in
orphan works are treated as similarly as possible to comparable ‘non-orphan’ rights holders.
• Maximising the benefits to economic growth of the scheme."
The problem here is that the second of these is most easily achieved by dumping the first. The way that these works can provide most economic benefit is by saying that all orphan works are public domain. That way they can be copied, deconstructed, built up, remixed, re-developed and generally transformed into any thing that provides value to a potential customer. Trying to minimise the distortion pretty much ignores the whole purpose of copyright - the growth of culture.
I fully understand the principle that they are trying to preserve the rights of someone who might subsequently claim ownership, but this is further undermined by another section of the proposal:
"Works of unknown copyright status, such as where the work is over 70 years old and the date of death
of the author is unknown, will be within scope of the scheme."
This is just nuts. Copyright is there to inspire creation of new content. If the work is over 70 years old how much new content is the original creator likely to make? The only beneficiary to this part of the scheme is where the rights are owned by a corporation. If the work is over 70 years old and is orphan then it should just revert directly to the public domain.*
They do make some concession with "• To reduce anomalously long copyright for certain unpublished, pseudonymous and anonymous very old works, with the consequence that a number of these works will cease to be in copyright rather than being orphan works." but then provide no detail of which works might fall into this category or what might constitute "very old".

Right, this is turning into a long blog so I'm going to cover the other parts in subsequent posts, once again, if i've misunderstood (or just missed) anything, please correct me in the comments.

* ignoring, of course, the sheer ridiculousness of the life +  70 year copyright rule.

Friday, 9 March 2012

A Manifesto for the content industry - 7. Be Brave

Be brave. If you’re focussing on sequels, glorified karaoke acts, this year’s answer to “X” or trying to build a brand then you are guaranteed to miss the next trend when it comes along.

First, as has become traditional, some numbers:

Rather than copy and paste a big picture please have a shufti at this Infographic from techdirt showing the numbers in an expanding industry http://www.techdirt.com/articles/20120129/17272817580/sky-is-rising-entertainment-industry-is-large-growing-not-shrinking.shtml
What this shows us is that the overall entertainment sector is growing, both from a creation side and a sales side. So why do we hear so much about a dying industry being decimated by piracy?

Well, it’s partly because of that column on the left. The gaming industry of 20 years ago was niche and pretty negligible compared to the established movie and music industries. That’s all changed now and the customer’s entertainment dollar has a whole new market to play in.

So that’s part of it, and it’s partly because most people don’t know what decimated means, but we’ll step past that…
Having had a look at the top 20 singles, albums, tours, movies, paperbacks and video games (mostly courtesy of that other growth industry – Wikipedia) I notice the following things
The singles market is dominated by a few major artists.
The biggest movies of the year were mostly sequels, as were the video games.
The biggest tours were all by long-established by acts.
Novels alone still seem to have a good presence of debut works.
This tells me one of two things, either all the best stuff has been produced and there’s nothing good coming out of the ever increasing amount of new content, or the respective industries are scared of this new fangled internet thing* and are banking on their known, well, bankers.
Hence we’re seeing the sequels, cross-overs, franchises and the building of “brands” from the majors whilst most of the truly original content is coming from the independents and smaller subsidiary production houses.
This isn’t new, but the extent to which it is happening is, and it’s particularly galling in the music industry. Here we have an industry that has always defended its 90% take** on the grounds that it needs it to invest in new and developing artists. But speak to those within that industry who are tasked with that job and you’ll find there’s less and less money and time going that way. The general approach is now to let the scene develop organically and then cream 2 or 3 artists off the top when a lot of the hard work has been done by the artists and local enthusiasts.
If the content industry really wants to get back on the front foot they need to stop playing it safe and start hunting out the cutting edge; they have the skills and the resources to be shaping a new zeitgeist rather than perpetuating last year’s trends. But it means being brave, it means taking some of those profits and gambling with them, it means trying to reverse that process whereby companies go from creative start-ups to legislating dinosaurs.
It will pay off in two ways, firstly it increases your chance of finding the next being thing and being in at the start of a new scene and secondly it gives your customers a reason for some brand loyalty and, to go back to the techdirt equation***, a reason to buy (and then come back to buy again).
To refer to the previous chapter, it takes you away from content as a commodity and starts to return it to being culture.
The other way that the industry needs to be brave is in terms of how it connects its fans to its creators. We’ve talked about this before and we’ll come back to it again, but pretending the internet doesn’t exist is not going to work.

P.S. I love the wording from the US constitution at the bottom of the infographic, “to promote the progress of science and useful arts.” Does that mean that non-useful arts shouldn’t get copyright? Damien Hirst, I’m looking at you.
P.P.S. I know it doesn't mean this.

 
* An MPAA spokesman recently admitted that “the internet isn’t a platform we’re comfortable with”.
** On average, some of the older, more established bands do better, the manufactured ones don’t tend to get close to that.
*** Connect With Fans + Reason to Buy = $$$

Thursday, 17 November 2011

A manifesto for the content industry 4 – You can compete with Free


You can compete with free. Seriously, there are plenty of working business models out there, study them. You are better placed than anyone to make this work, failure to do so is not about not being able to compete with free, it’s a failure of your business acumen.

“You can’t compete with Free” is one of the most frequently quoted arguments that you’ll find on blog comments and discussion boards when discussing how to make money in an environment where digital copies are abundant and easily available for those who are willing to do a quick bit of looking.
It also frequently occurs in conjunction with someone complaining that they tried making their content available for free and didn’t make any money / didn’t see any increased traffic / didn’t immediately become rich and famous.

So let’s make one thing completely clear: ‘Give it away and hope’ is not a business model.
We’re going to come to adding value in section 5 and that will, hopefully, begin to set out how you might devise a working business model. This section links very closely to that and is about working out how you identify potential opportunities to compete.

Content basically comes in two flavours: legal and illegal. Essentially there is stuff that the owner of the material has put out into the world to be shared and that which has been shared without the permission or the rights holder. This then, is your first mechanism for competition. There are a lot of people who don’t like feeling like they’re breaking the law, even when they’re doing as eminently reasonable as copying the contents of a cd to an MP3 player. Give people a legal option, some folks will happily pay a fee to know that they are doing “the right thing”.

Content could be described in two other flavours: permanent and temporary. There’s the temporary stuff that sits on youtube / spotify etc that you can only access when you’re connected to the web, and there’s the permanent stuff that you download to your repository of choice (hard-drive, phone, MP3 player, kindle). Again, some people will happily pay a fee to own* a copy that they can play at any time or in any location.

Or you could split content into two camps another way: easy to access and difficult to access. For quite a while this has been the bane of the legacy industry’s life. Getting access to legal content was a complete pain whereas illegal content could be obtained with a search and a click of the download button. Then came I-tunes, suddenly here was a lot of content, easily available, reasonably(ish) priced and not bundled into unappealing packages. Unsurprisingly i-tunes has sold quite a bit of content. Amazon now offer a one-click alternative (assuming you’re signed in) that is as easy to use (if not easier) than the illegal alternatives, this also is doing quite nicely.

Funnily enough there are lots of other ways you can split the content on the web; trusted and risky is another way. If I buy something from Amazon, I-tunes or direct from an artist’s website there’s very little chance that I’m being sold malware or a virus masquerading as content. If I torrent something illegally I have no such feeling of comfort.

Here’s another way you can split it: that which rewards the creator and that which doesn’t. A lot of people will happily pay to support an artist they like, many will seek out the best way to support those artists from the available mechanisms. This might mean buying a CD at a live show rather than via a retailer, or just going to the show instead of buying the CD. One group have even discovered that since publishing a breakdown of how much they earn via different means they have not only increased their entire take but the sales have shifted to the items that they make the most return on. The swing side of this is that you are a rights holder who doesn’t pass on much money to the content creator you might find that this actively works against you.

Restricted and Un-restricted might be another way of looking at it. Once I’ve bought some content I want to be able to do what I choose with it, when I like and on the device that I prefer. Putting DRM on something is a sure-fire way to make your product less attractive than an illegal alternative. Perversely there are those in the industry who still view this as a “feature”.

There are almost certainly other ways you can cut it and other incentives that can be provided to persuade people to consider paying for content that is also available for free. I’m not for a minute suggesting that all of these will work for everyone or even that any of these will work for most people, but one thing I can guarantee is that you if you’re not making your paid-for content as easy to get hold of as free content then you will be losing sales.

* This becomes very important later on (see section 12 when it comes), have a look at the increasing number of cases of artists suing their labels over I-tunes royalties in the meantime.

Thursday, 3 November 2011

A Manifesto for the content industry – 3. Content will always be produced and consumed with or without you.


Continuing from my previous blogs on this subject.

Content will always be produced and consumed with or without you. You are just a facilitator. If your entire industry disappeared overnight, people will still create and they will find other ways to share and appreciate it. Never lose sight of this.

At this point it’s probably worth my iterating exactly who this manifesto is aimed at; content creators and major Intellectual Property (IP) rights holders are rarely one and the same. It varies greatly by media type but at one end you have the publishing industry (where a lot of authors maintain the copyright on their text) and at the other you have the music industry (where hardly any artists signed to major labels (or their subsidiaries) have any rights on their creation).
This manifesto is aimed at the rights holders; this entry in particular is aimed at those towards the music industry end of the continuum.
A common argument proposed by copyright supporters is that without our ever-increasing copyright terms (and ever-increasing lawsuits) there would be no incentive to create. Who, they argue, would go to all the trouble of taking an idea all the way through to a product if there was no return at the end of it? Surely no-one will go through all that effort and expense if there was no guarantee or a return?
It has been famously said that the business of the music business is business not music (by Billy Joel I believe) and the idea that people create something for a return on that is plainly a business-led idea not a creativity-led idea.
As has been pointed out previously, for hundreds of years artists have starved in obscurity, then, for a brief period in the last 50-years or so, some artists became very, very rich. The bit that tends to be forgotten is just how small a percentage of artists (particularly in the music business) actually become successful. On average, thanks to some interesting record label accounting*, fewer than 1 in 10 albums ever recoups (i.e. makes a profit for the recording artist). And bear in mind, that’s the figure for signed acts, it takes no account of all the people playing on the amateur scene.
So, extending the argument that people create for the return on copyright, in the period before the last fifty years and in the internet years there should have been very little content creation at all.
I have no idea of there was less content creation in the first half of the twentieth century or the second but it only takes a few minutes on Bandcamp, Facebook, Blogger, Youtube, Soundcloud, The Huffington Post (or any one of a myriad of other platforms out there) to see that there is a huge, huge amount of content being produced, the vast majority of which is never expected to make a financial return.
People will always create, frequently they will do so for nothing more than their own personal pleasure with no intent to share, sometimes they will want to share it with as many people as possible. What’s changed in the last decade is that this ability to share it widely has become available to everyone with a decent internet connection.
Couple that ability to share with ever decreasing costs for consumer electronics and what it means is that if you’re a content creator then your tools of the trade are getting cheaper and you’re closer than ever to the people who might want to consume your work.
If you’re a middleman, be it an aggregator, publisher, record label, movie studio, collection agency or any other part of the chain, then you are going to have to work ever harder to add value into the product lifecycle because creating has got easier and sharing has got easier.
Alternatively you could try lobbying, sadly that’s got easier too.

* See also Hollywood Accounting