Four pillars: More on digital rights and wrongs

wren.jpg

I was lucky enough to acquire a late 18th century edition (the William Jones translation) of Shakuntala by Kalidasa. [An aside: How nice to be able to get wikipedia references for a 5th century BC work of a Sanskrit poet. Keep going, Wikipedia].

And on the bottom of the title page I found the following:

Calcutta

Printed and sold by Joseph Cooper,

For the benefit of insolvent debtors.

MDCCCXXXIX

Poor Kalidasa. No Mickey Mouse Acts to protect his copyright two millenia later, and then having to face the ignominy of having “his” royalties used to assist insolvent debtors.

Compare and contrast Sir Paul McCartney, who, according to today’s Times, said:

“The only annoying thing is, when I tour America, I have to pay to play some of my own songs. But I don’t think about that. Because if I did, it would be just too annoying.”

The context was Michael Jackson’s enforced transfer of his shares in ATV to Fortress, in order to stave off bankruptcy. Full story here. I guess I don’t understand what Sir Paul is complaining about. “My own songs”? They stopped being “my own songs” the day the titles were placed in ATV, according to the DRM nonsense of then and now.

At least I can quote from the title page of Kalidasa’s works without breaking into digital fortresses.

One of the more unusual consequences of the digital-wrongs world we live in is that we have spawned a whole new industry “guess who’s got the title?”. Many of you are likely to have read Thomas Friedman’s The World is Flat. [Go Wikipedia! Another aside. Is there a way we can all have wikipedia-associate relationships with Amazon? By this I mean that every time I link to a book at Amazon and someone else buys, the associate fee goes to Wikipedia? Could be a cool thing to do, right now I waste the opportunity]

The story I heard is as follows: Friedman saw a painting of the cover artwork he wanted. The publishers went ahead and acquired the rights. The book was duly published with the ship sailing off the edge of the world. Publishers were sued by actual owner of copyright, and found they’d paid the wrong guys. Book was retracted and cover changed. So if your World Is Flat cover looks like this, then you, like me, have the original.

Worldisflat.gif

Here’s the story as carried in Book Blog, I can’t get to the Editor and Publisher version.

Wherever you look, the current IPR and DRM models are cracking at the seams. Everyone wants to ensure artists and creators and novelists and musicians get paid. Nobody wants to steal anything. But that does not mean that current copyright, intellectual property and patent laws are the right ones for the 21st century. Sensible alternative compensation models can and will be found, even if those that exploit current models unfairly cry all the way from the bank.

Keep smiling, it confuses people even more

The Sandi Thom story has taken a number of twists and turns. For those of you who didn’t see it first time round, here’s what I posted.

Looked like a classic internet basement-artist-made-good story. And I even mentioned her in other more recent posts, including the last one on Ian Anderson.

Then I saw the comment from Adrian du Plessis, which I reproduce below in its entirety. Thanks for the heads-up, Adrian, even if my stance makes no sense to you….

Start of comment:

Adrian Says:
April 13th, 2006 at 12:57 am e

I know we’ve all wished the Sandi Thom story was a sign of new thinking in the music biz, but, it just doesn’t like that way:

http://www.coolfer.com/blog/archives/2006/04/suckers_thom_st_1.php

http://chartreuse.wordpress.com/2006/04/10/sandi-thom-vs-chuck-d-or-welcome-to-the-death-of-hype/

http://www.velvetrope.com/ubbthreads/showflat.php?Cat=&Board=UBB1&Number=770385&page=3&view=collapsed&sb=5&o=2&fpart=1

still, we can build the revolution ( :

End of comment

So I went around the sites and followed the threads and did my next bit of due diligence. [The first bit of due diligence was to follow the story from the web to her site, to listen to the music, to read more about her and then to blog the story].

And it’s interesting. Here’s my summary: [For those of you who want to see what was on the chartreuse blog, click here]

  • There is evidence she signed a publishing contract last year with Windswept/Pacific Music Publishing, who are not small.
  • But this is not a recording contract, just a publishing one.
  • There is evidence that she signed a contract with Sony only after the live webcasts. This is a recording contract.
  • There is evidence she did the webcasts. Alexa says the traffic did not show. But that means nothing to me.
  • There is evidence she has talent. At least to me there is.
  • So maybe I’ve been conned. And maybe a good PR firm managed to break into slashdotland and start the rumours. And maybe she’s as real as Milli Vanilli.
  • But from what I can see everything remains consistent. None so blind as those who will not see? No, I just like seeing good in people.

And so I am going to do the Ernest Hemingway thing and trust Sandi for now.

As he said The best way to find out if you can trust somebody is to trust them

An aside:

There’s an intriguing dog-that-did-not-bark angle here. One of the comments I read said something like “How come 2 million people tuned in and there wasn’t a single mention on a blog?”

There are many inaccuracies but the point remains valid. The figures I have seen in MSM say 200,000 not 2 million, and worldwide at that. slashdot is not exactly miles away from the blogosphere, so there was activity there. And if there was a big PR agency involved all the way, surely they could have set up a technorati tag for Sandi and for that matter a wikipedia entry as well.

So I still go back to: I think she’s real, and that the story is real, and that people are reacting to smart PR guys “corrupting” a real internet story. Alexa and Windswept are not enough for me to stop smiling. But fewer teeth are showing now, that’s for sure.

If I am interested in learning, I am interested in being wrong and shown to be wrong. Goes with the territory. So maybe I will be proven wrong on this one. But I will learn.

Wond’ring aloud….

…Will the years treat us well?…

From Wond’ring Aloud Composed by Ian Anderson, performed by Jethro Tull

Doesn’t sound like the years are treating the composer, one of my favourite flautists, well. Despite the fact that I bought most of the Jethro Tull albums on vinyl, then again on CD, and sometimes yet again on 25th Anniversary or 30th Anniversary special rip-me-off editions I couldn’t resist. But I shall desist from commenting further on that. For now. Gotta go take the tablets….

I was reading the FT today, after a few days away, and came across an article by Ian Anderson. Yes, you have me there, I’m not just a DeadHead but a Tull fan as well. So much so that many years ago, when I first came to the UK and happened to go to Preston, I just had to go stand on Preston Platform, do my Cheap Day Return bit.

Ian is amongst a growing band of musicians and artists and poets and novelists coming to the realisation that a 50-year copyright law meant something they hadn’t considered or expected: their creations going out of copyright during their lifetime….. Ian also argues that Europe being out of synch with the US places musicians here at a competitive disadvantage, suggesting that we should take the 50 and make it 95 like in the US. Why not 120 then, to keep in step with Mickey Mouse Act projections? Why not in perpetuity and be damned with any of the origins of copyright law?

Some of you may already have figured out that I don’t think much of current IPR regimes and regulations. I never realised that copyright tenure had anything to do with life expectancy. My bad.

An aside: The rule at Dead concerts was that you could tape whatever you wanted and give it away or trade it but not sell it. You even had rows “reserved” for people who wanted to tape the concerts. I use the term “reserved” loosely. Garcia and gang knew something.

So when I see articles like this one, I feel sad. Especially at a time when the Arctic Monkeys, Sandi Thom and Gnarls Barkley are all suggesting that things are changing in the music industry. Take a look at this site belonging to The Music Alliance, the amalgam of MCPS and PRS that collect and pay royalties to musicians. When I read what they say in the tab marked The Main Issue, it suggests to me that there’s a battle brewing between the MCPS/PRS (on one side) and (wait for it) The British Phonographic Industry and a consortium of Digital Service Providers and Mobile Network Operators on the other. Whoo-ey. Boy do things have to change.

And one of the things that has to change is IPR and DRM. I’m sure Ian Anderson wants to live in a world where he doesn’t have to pay the inventor of the seed drill royalties for “image and name use rights”. Three hundred years later.

Because that’s the kind of nonsense that will happen. If we let it.

I am tempted to end there with the last stanza from Wond’ring Aloud, a truly wondrous song…. So I will:

And it’s only the giving

That makes you what you are.

Trying to turn lemons into lemonade in class

Andrew McAfee, a professor at Harvard, makes some interesting points in a recent post to his blog.

In a telling, almost depressing coda to the post, Andrew says:

“I’ll end this post with an anecdote that showed me that these three trends* are not yet well understood by many business leaders.  Last week I was teaching in an executive education program for senior executives – owners and presidents of companies.  I assigned a case I wrote about the internal use of blogs at a bank, and also gave one additional bit of homework:  I pointed the participants to blogger and typepad, and told them to start their own blogs and report the blog’s URL to me.

What they reported instead was that they had no intention of completing the assignment.  They told me how busy they were, and how they had no time and no inclination to mess around with blogs (whatever they were).  Out of two classes of 50-60 participants each, I got fewer than 15 total blog URLs.

Trying to turn lemons into lemonade in class, I asked some of the people who actually had sent a URL to describe the experience of starting a blog.  They all shrugged and said it was no big deal, took about five minutes total, didn’t require any skills, etc.  I then asked why I would give busy executives such a silly, trivial assignment.  In both classes one smart student piped up to say “To show us exactly how trivial it was.”  At that point, class discussion became interesting.

[My emphases]

*The three “broad and converging trends” he refers to are:

  • Simple, free platforms for self-expression
  • Emergent structures rather than imposed ones
  • Order from chaos

Having spent time with Andrew, I know there’s a great deal of value in what he has to say. I’d strongly recommend reading his blog.

How long can movies like Blow Up be made?

No, not the 1966 Antonioni movie (which I was young enough to enjoy illicitly in 1970) but its Brooklyn remake by Vinnie.

It didn’t matter that it was late at night in Chennai, that I had a very early morning flight, and that the broadband connection I has was less than perfect, that it took many attempts to finish watching the show. And what a show.
I just loved everything about Vinnie’s efforts. And it encapsulated a number of lessons for me, an all-too-brief definition of what is possible.

How individuals working in teams can do things never done before. Learn about the possibilities. Take risks yet be careful. Tell people about what they want to do with passion and voice and then have the joy of actually doing what they want. Sample bits of this and that without caring about rights or wrongs, not intending to make money out of the sampling per se. Doing no evil. But doing something different. Disruptive in a gapingvoid way. Engaging. Micro capital raising. Co-creating. Sharing.

Having fun. [Thanks to Gordon and Frank for the link.]

A coda. Could you imagine doing this with anything but a Mac? The idea, the fund-raise, making the video, the lot. It’s all Mac.

Us Tareyton smokers would rather fight than switch.