Archives For Intellectual Property

RiP: A Remix Manifesto

I cannot wait to see this film!  It is an exciting time in the (r)evolution of intellectual property – particularly with respect to the interest garnered by organizations like the Creative Commons and their omnipresent campaigns for change.  What are your thoughts?  Should remixes be presumptively permitted as fair use?  How much change would the secondary artist need to incorporate for their art to rise to the level of a sufficiently transformative and, therefore, permitted remix?

The Fall of DRM

In an effort to combat piracy the music industry has experimented with alternatives in the physical medium on which music is sold as well as piracy thwarting technological blocks.  First, the industry tried to upgrade from the standard CD format to more difficult to pirate high audio quality SACD or DVD-Audio albums.  These were largely viewed as superfluous and costly because they often required the purchase of a new player to listen to them.  Next, the industry adopted DRM, a technological system limiting the total number of devices a song would play on. This system failed because fans continued to illegally download millions of mp3s and quickly found ways to convert their DRM protected files to unlocked mp3s. Barney Wragg, head of digital music for EMI and former Senior Vice President for digital music at Universal Music, had an epiphany in summer of 2006, I realized that as an industry we’d kind of been smoking crack.”[1] After eight years of fighting the mp3, major labels were beginning to accept that selling DRM-free music was necessary for survival and, with Mr. Wragg pioneering the way, EMI was the first major label to become DRM-free.  Other major labels were soon to follow.  Universal Music abandoned DRM in summer of 2007, and a few months later Warner and Sony BMG had no choice but to join the movement by making their entire catalogs available DRM-free via Amazon.[2]

Upon realizing that no adequate technological protection system existed to effectively stop piracy, the record industry shifted its approach.  Rather than protecting their music files with DRM or by threat of litigation, record labels would simply provide enough incentives to induce consumers to purchase CDs.  Once such incentive is added value content. Alicia Keys’s hit album As I Am was released in late 2007 chock-full of added content, including: 30-second audio files for ringtones and ringbacks, mobilephone wallpapers, and digital videos, which were also distributed through YouTube and MySpace.  Inducement through added content proved to be a smash for Ms. Keys when As I Am sold more than 3.5 million copies.[3] Ian Rogers, former general manager of Yahoo! Music, articulated it well when he said “[t]he record companies are all realizing they’re not in the CD business anymore.”[4]

Much to the surprise and luck of the record business, another income stream emerged.  Continue Reading…

The record industry’s poor financial state has received frequent but shallow coverage by the media.  Most often the headline is followed by a sound byte about pirates and the music-stealing teenagers that support them.  While the proliferation of piracy is certainly a factor in the industry’s financial health, it may simply be a symptom of a much greater war; a struggle between two industries that has been largely ignored by the media, Content vs. Technology.  Some savvy pundits have described the battle between California’s content and technology industries as an economic civil war.[1] Here, the virtual Mason-Dixon line divides southern California, the historic capitol of content creators and rights holders, from northern California’s Silicon Valley, a potent cluster of technology juggernauts like Apple, Facebook, and Google.  Although content currently appears to be losing ground to technology’s blitzkrieg in this most public of battles, both content and technology will need to find an amenable compromise -a treaty of sorts – to thrive together in the marketplace.

The value of content is much broader than its oft-celebrated sociological, psychological, and cultural benefits.  Content is a source of not only geopolitical capital and influence abroad but also tremendous wealth for our Country.  Some might be surprised to learn that intellectual property, including compositions and recordings of music, is the United States’ number one export. [2] In a time where much of America’s manufacturing has relocated to more cost-effective locales, such as China, intellectual property has maintained its position as a dominant source of revenue.  Maury Yeston, Ph.D, a multiple Tony Award-winning Broadway composer and former director of undergraduate music studies at Yale University, encourages us to “consider the massive and disproportionally [sic] positive influx of income the export of our intellectual property has on our nation’s balance of trade, not only in song, but also in film and theatrical products.”[3] Intellectual property is one of a shrinking number of “products” America exports with a positive trade balance but for some reason it is losing the consumer adoration and respect it once had. Continue Reading…