Pandora's Box
We are approaching a Pandora’s box with intellectual rights. This isn’t a new phenomenon that we are facing but it is becoming unmanageable with the current distribution system available. In the ‘60’s and ‘70’s I copied my albums onto reel to reel and cassette tapes. The reel to reel provided 4-6 hours of continuous music while the cassettes offered portability. We didn’t pay an additional fee to copy the music and the artists lost revenue from missed cassette sales. In the late 70’s I worked for K-Tel records. At the time they were the 3rd largest record company in the world and they made their money in licensed compilations from original artists. Every 4th quarter they had sales in excess of 10 million records. The rights for each song were negotiated with the artists for a period of two years. It was a very profitable time for the company at the time.
Flash forward 30 years later and we have access to almost every song on the internet, some free and some for a modest price. Are the artists compensated? How many copies are available for the $.99? Are the musicians compensated or are the fees going to a holding company that has purchased the music catalog from the artist?
I enjoyed the article by John Perry Barlow and his experience as a lyricist for the Grateful Dead. I think the ability to increase revenue by offering Dead music for free is a unique situation. Not many bands compared to the Grateful Dead in a live concert atmosphere and their history is magical. I don’t think many other bands could see the same success as the Dead.
Barlow’s comment about information being like farm produce (page 9) is a novel way to categorize our current situation. Most information is perishable unless it is used when it is fresh. Barlow also talks about the physical aspect of information. If you can hold it and regulate the dissemination, you are in control. But now information is a fluid product. It can be reproduced and distributed without ever leaving the creators possession. Where are the stopgaps and regulations? Can we even monitor and regulate the intellectual property on the internet? I think there will be many changes in the next few years for intellectual law.
I edit video using Avid software on a PC. I know I should be Mac oriented for any creative endeavors but I am too old and too PC entrenched to change. Avid has an anti-piracy system that prevents the ability to easily to reproduce their software platform. In order to use their software, you have to attach a “fob” to a USB port on the computer. It is like a physical key to enable the software. I think it would be difficult to duplicate the hardware for the key unless you broke the fob and duplicate the hardware. I am also sure they have plenty of safeguards to protect their hardware and software.
Computer software and music are only the tip of the iceberg. The waters are getting murkier and murkier.
Comments
Amie Street seems like an interesting way to combine the Grateful Dead method of gaining popularity through free copies, financially rewarding artists as their music becomes popular, and enticing users to be marketers. The site says that artists take 70% of whatever they earn above 5 dollars, and that artists retain control of their songs. It seems fairly new; I wonder if it will catch on.
Posted by: e_rose | April 8, 2007 12:37 PM
Wow, I have never heard of that type of software security before. However, I find it very interesting, and I think that is the way all other software company's need to start thinking in order to truly secure their products. While I'm sure some will still find a way to pirate the material, I think it would cut down on the over-all number substantially.
Posted by: Peter Szesterniak | April 8, 2007 05:43 PM
I like your comments about Barlow's farm produce metaphor, I agree with the notion of increased legislation, however there is a threshold. The gray area between letter of law and application will come into great play. As much as laws can advance and become more specialized to meet the needs you speak of in your post, enforcement of these laws will be tricky without endangering or infringing upon the free flow of information that is crucial to the internet's function in our society. And if information is like farm produce, will those in control of it dwindle to smaller and smaller numbers like the farming industry in our country. Seems like they already are...
Posted by: Andrew | April 8, 2007 11:34 PM