A presentation to the UK Music board in April 2009

1. Competing With Free
The role of copyright in the digital economy
amissingham@me.com
Presentation to UK Music Board
June 2009

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. 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. amissingham@me.com
Presentation to UK Music Board
June 2009

5. NOTHING DATES
FASTER THAN A
GLIMPSE INTO
THE FUTURE

6. Conclusions...
amissingham@me.com
Presentation to UK Music Board
June 2009

7. Conclusions...
• Copyright’s principles are sound
amissingham@me.com
Presentation to UK Music Board
June 2009

8. Conclusions...
• Copyright’s principles are sound
✴ But current systems endanger them
amissingham@me.com
Presentation to UK Music Board
June 2009

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. 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. Principles of copyright
amissingham@me.com
Presentation to UK Music Board
June 2009

12. Principles of copyright
ethical right
economic
balance
opportunity
amissingham@me.com
Presentation to UK Music Board
June 2009

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. Principles of copyright
The “Balance” Crowd say...
Extend copyright less freedom to create
amissingham@me.com
Presentation to UK Music Board
June 2009

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. Principles of copyright
Both say...
less creative output
amissingham@me.com
Presentation to UK Music Board
June 2009

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. 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. 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. A monopoly?
Where would the Kaiser Chiefs be...
amissingham@me.com
Presentation to UK Music Board
June 2009

21. A monopoly?
Where would the Kaiser Chiefs be without XTC?
amissingham@me.com
Presentation to UK Music Board
June 2009

22. A monopoly?
Like Franz Ferdinand?
amissingham@me.com
Presentation to UK Music Board
June 2009

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. 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. 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. 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. Transition
amissingham@me.com
Presentation to UK Music Board
June 2009

28. Transition
• New & unproven business models
amissingham@me.com
Presentation to UK Music Board
June 2009

29. Transition
• New & unproven business models
• ...which can damage existing models
amissingham@me.com
Presentation to UK Music Board
June 2009

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. 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. 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. 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. 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. A consumer’s view?
Mus ic I n dus
try
amissingham@me.com
Presentation to UK Music Board
June 2009

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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