Competing With Free
The role of copyright in the digital economy




                                                amiss...
What the report’s for
• A broad range of views
• A basis for discussion
• Some proposed approaches



                    ...
What this presentation’s for
• Some headlines from the report
• Some observations since it’s been written
• Some ideas rat...
amissingham@me.com
Presentation to UK Music Board
                     June 2009
NOTHING DATES
FASTER THAN A
GLIMPSE INTO
THE FUTURE
Conclusions...




                           amissingham@me.com
                 Presentation to UK Music Board
         ...
Conclusions...
• Copyright’s principles are sound




                                               amissingham@me.com
  ...
Conclusions...
• Copyright’s principles are sound
  ✴ But current systems endanger them




                              ...
Conclusions...
• Copyright’s principles are sound
  ✴ But current systems endanger them
• We’re in a moment of transition
...
Conclusions...
• Copyright’s principles are sound
  ✴ But current systems endanger them
• We’re in a moment of transition
...
Principles of copyright




                                    amissingham@me.com
                          Presentation ...
Principles of copyright
              ethical right




                               economic
    balance
              ...
Principles of copyright

 These principles are seen as under threat

  But there are 2 threats with the same
             ...
Principles of copyright
The “Balance” Crowd say...

 Extend copyright    less freedom to create




                      ...
Principles of copyright
The “Balance” Crowd say...

 Extend copyright    less freedom to create


The “Economic” Crowd say...
Principles of copyright
Both say...
        less creative output




                                         amissingham@...
Principles of copyright
Both say...
        less creative output


Where does this leave “the ethical right”?




        ...
Principles of copyright
               ethical right
    So these 3 principles need to be:

   a) considered together - in...
A monopoly?
• There’s a whole industry that creates new
  value with the merest side-step from
  previously copyrighted wo...
A monopoly?



Where would the Kaiser Chiefs be...




                                                amissingham@me.com
...
A monopoly?



Where would the Kaiser Chiefs be without XTC?




                                                 amissing...
A monopoly?

Like Franz Ferdinand?




                                  amissingham@me.com
                        Presen...
A monopoly?

Like Franz Ferdinand? You’re going to love early Talking Heads




                                          ...
A monopoly?
 So even if it is...

 It’s one with very low barriers to entry




                                          ...
A monopoly?
 So even if it is...

 It’s one with very low barriers to entry

 And shouldn’t we be encouraging the
 creatio...
A monopoly?
 So even if it is...

 It’s one with very low barriers to entry

 And shouldn’t we be encouraging the
 creatio...
Transition




                       amissingham@me.com
             Presentation to UK Music Board
                     ...
Transition
• New & unproven business models




                                             amissingham@me.com
          ...
Transition
• New & unproven business models
• ...which can damage existing models




                                    ...
Transition
• New & unproven business models
• ...which can damage existing models
• Less consensus/more go-it-alone



   ...
Transition
• New & unproven business models
• ...which can damage existing models
• Less consensus/more go-it-alone
• More...
Transition
• New & unproven business models
• ...which can damage existing models
• Less consensus/more go-it-alone
• More...
Transition
• New & unproven business models
• ...which can damage existing models
• Less consensus/more go-it-alone
• More...
A consumer’s view?
• Consumers are more empowered than ever
  before
• They’re not going back to the way they were
  befor...
A consumer’s view?




          Mus ic I n dus
                           try
                                      amiss...
A consumer’s view?
• It’s not just music
• All industries have more direct contact with
  consumers; all can fall foul of ...
A consumer’s view?
• It’s not just music.
• All industries have more direct contact with
    consumers; all can fall foul ...
A consumer’s view?
• It’s not just music.
• All industries have more direct contact with
    consumers; all can fall foul ...
A consumer’s view?
• It’s not just music.
• All industries have more direct contact with
    consumers; all can fall foul ...
Thriving in the digital
A couple of personal observations -




               Mus ic I n dus
                            ...
Thriving in the digital
A couple of personal observations -
 •   The move to the digital will accelerate




             ...
Thriving in the digital
A couple of personal observations -
 •   The move to the digital will accelerate
 •   The “free” m...
Thriving in the digital
A couple of personal observations -
 •   The move to the digital will accelerate
 •   The “free” m...
Thriving in the digital
•   Hardware’s as important as software
    NO ONE LIKES TECHNOLOGY




                   Mus ic ...
Thriving in the digital
•   Hardware’s as important as software
    NO ONE LIKES TECHNOLOGY
•   Examine consumer behaviour...
Thriving in the digital
•   Hardware’s as important as software
    NO ONE LIKES TECHNOLOGY
•   Examine consumer behaviour...
Competing With Free
The role of copyright in the digital economy


                 Mus ic I n dus
                       ...
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A presentation to the UK Music board in April 2009

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  • Uk Music

    1. 1. Competing With Free The role of copyright in the digital economy amissingham@me.com Presentation to UK Music Board June 2009
    2. 2. What the report’s for • A broad range of views • A basis for discussion • Some proposed approaches amissingham@me.com Presentation to UK Music Board June 2009
    3. 3. What this presentation’s for • Some headlines from the report • Some observations since it’s been written • Some ideas rather than specific issues amissingham@me.com Presentation to UK Music Board June 2009
    4. 4. amissingham@me.com Presentation to UK Music Board June 2009
    5. 5. NOTHING DATES FASTER THAN A GLIMPSE INTO THE FUTURE
    6. 6. Conclusions... amissingham@me.com Presentation to UK Music Board June 2009
    7. 7. Conclusions... • Copyright’s principles are sound amissingham@me.com Presentation to UK Music Board June 2009
    8. 8. Conclusions... • Copyright’s principles are sound ✴ But current systems endanger them amissingham@me.com Presentation to UK Music Board June 2009
    9. 9. Conclusions... • Copyright’s principles are sound ✴ But current systems endanger them • We’re in a moment of transition amissingham@me.com Presentation to UK Music Board June 2009
    10. 10. Conclusions... • Copyright’s principles are sound ✴ But current systems endanger them • We’re in a moment of transition ✴ The music industry is the creative industries’ “mine-shaft canary” amissingham@me.com Presentation to UK Music Board June 2009
    11. 11. Principles of copyright amissingham@me.com Presentation to UK Music Board June 2009
    12. 12. Principles of copyright ethical right economic balance opportunity amissingham@me.com Presentation to UK Music Board June 2009
    13. 13. Principles of copyright These principles are seen as under threat But there are 2 threats with the same outcome amissingham@me.com Presentation to UK Music Board June 2009
    14. 14. Principles of copyright The “Balance” Crowd say... Extend copyright less freedom to create amissingham@me.com Presentation to UK Music Board June 2009
    15. 15. Principles of copyright The “Balance” Crowd say... Extend copyright less freedom to create The “Economic” Crowd say... Piracy less income from creation amissingham@me.com Presentation to UK Music Board June 2009
    16. 16. Principles of copyright Both say... less creative output amissingham@me.com Presentation to UK Music Board June 2009
    17. 17. Principles of copyright Both say... less creative output Where does this leave “the ethical right”? amissingham@me.com Presentation to UK Music Board June 2009
    18. 18. Principles of copyright ethical right So these 3 principles need to be: a) considered together - indivisible b) managed appropriately economic balance opportunity amissingham@me.com Presentation to UK Music Board June 2009
    19. 19. A monopoly? • There’s a whole industry that creates new value with the merest side-step from previously copyrighted work ✴ This would seem to belie an accusation that creativity is threatened by copyright • Disbarring discussions of quality, it's really not that difficult to create original content amissingham@me.com Presentation to UK Music Board June 2009
    20. 20. A monopoly? Where would the Kaiser Chiefs be... amissingham@me.com Presentation to UK Music Board June 2009
    21. 21. A monopoly? Where would the Kaiser Chiefs be without XTC? amissingham@me.com Presentation to UK Music Board June 2009
    22. 22. A monopoly? Like Franz Ferdinand? amissingham@me.com Presentation to UK Music Board June 2009
    23. 23. A monopoly? Like Franz Ferdinand? You’re going to love early Talking Heads amissingham@me.com Presentation to UK Music Board June 2009
    24. 24. A monopoly? So even if it is... It’s one with very low barriers to entry amissingham@me.com Presentation to UK Music Board June 2009
    25. 25. A monopoly? So even if it is... It’s one with very low barriers to entry And shouldn’t we be encouraging the creation of new intellectual property? amissingham@me.com Presentation to UK Music Board June 2009
    26. 26. A monopoly? So even if it is... It’s one with very low barriers to entry And shouldn’t we be encouraging the creation of new intellectual property? And besides, most mash-ups are crap amissingham@me.com Presentation to UK Music Board June 2009
    27. 27. Transition amissingham@me.com Presentation to UK Music Board June 2009
    28. 28. Transition • New & unproven business models amissingham@me.com Presentation to UK Music Board June 2009
    29. 29. Transition • New & unproven business models • ...which can damage existing models amissingham@me.com Presentation to UK Music Board June 2009
    30. 30. Transition • New & unproven business models • ...which can damage existing models • Less consensus/more go-it-alone amissingham@me.com Presentation to UK Music Board June 2009
    31. 31. Transition • New & unproven business models • ...which can damage existing models • Less consensus/more go-it-alone • More vulnerable to external forces amissingham@me.com Presentation to UK Music Board June 2009
    32. 32. Transition • New & unproven business models • ...which can damage existing models • Less consensus/more go-it-alone • More vulnerable to external forces • Structures less fit-for-purpose amissingham@me.com Presentation to UK Music Board June 2009
    33. 33. Transition • New & unproven business models • ...which can damage existing models • Less consensus/more go-it-alone • More vulnerable to external forces • Structures less fit-for-purpose • Move from b2b to b2c amissingham@me.com Presentation to UK Music Board June 2009
    34. 34. A consumer’s view? • Consumers are more empowered than ever before • They’re not going back to the way they were before • Industry is often seen as in opposition to consumers Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    35. 35. A consumer’s view? Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    36. 36. A consumer’s view? • It’s not just music • All industries have more direct contact with consumers; all can fall foul of this relationship Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    37. 37. A consumer’s view? • It’s not just music. • All industries have more direct contact with consumers; all can fall foul of this relationship Advertising Habitat TweetSpam: http://www.madebymany.co.uk/whoever-did-this-should-be-shot-001409 Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    38. 38. A consumer’s view? • It’s not just music. • All industries have more direct contact with consumers; all can fall foul of this relationship Advertising Habitat TweetSpam: http://www.madebymany.co.uk/whoever-did-this-should-be-shot-001409 Politics Crowdsourced expenses http://mps-expenses.guardian.co.uk/ Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    39. 39. A consumer’s view? • It’s not just music. • All industries have more direct contact with consumers; all can fall foul of this relationship Advertising Habitat TweetSpam: http://www.madebymany.co.uk/whoever-did-this-should-be-shot-001409 Politics Crowdsourced expenses http://mps-expenses.guardian.co.uk/ Mu ic Newspapers Daily Mailspoll I n dus t r y http://blogs.journalism.co.uk/editors/2009/06/20/twitterers-claim-victory-over- loaded-daily-mail-gypsy-poll/ amissingham@me.com Presentation to UK Music Board June 2009
    40. 40. Thriving in the digital A couple of personal observations - Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    41. 41. Thriving in the digital A couple of personal observations - • The move to the digital will accelerate Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    42. 42. Thriving in the digital A couple of personal observations - • The move to the digital will accelerate • The “free” moment is a blip Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    43. 43. Thriving in the digital A couple of personal observations - • The move to the digital will accelerate • The “free” moment is a blip • “API” as a business model will expand rapidly Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    44. 44. Thriving in the digital • Hardware’s as important as software NO ONE LIKES TECHNOLOGY Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    45. 45. Thriving in the digital • Hardware’s as important as software NO ONE LIKES TECHNOLOGY • Examine consumer behaviour, and work with it, not against it Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009
    46. 46. Thriving in the digital • Hardware’s as important as software NO ONE LIKES TECHNOLOGY • Examine consumer behaviour, and work with it, not against it • Get out there to other industries and spread the word about M experience your us ic I n dus t r y amissingham@me.com Presentation to UK Music Board June 2009
    47. 47. Competing With Free The role of copyright in the digital economy Mus ic I n dus try amissingham@me.com Presentation to UK Music Board June 2009

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