Art is for everybody

ala-artsIn the beginning there was music and dancing and theater and painting, and there were listeners and watchers. Those who performed for the king were compensated by the king in forms of currency varied in both treasure and usefulness. Food, clothing, shelter, fame and recognition, and most importantly, projects to accomplish were given to artists in addition to the occasional coin. In such a way, the arts were both reviled and revered, because the king’s wishes became theirs. In the film The Agony and the Ecstasy, artists in the catacombs of Rome noted this in one scene that included this marvelous quote: “We’re artists! We’ll always be slaves to another man’s nickel.”

Patronage for the arts is still practiced today, although little of it goes to the artists themselves. Mostly, the arts have been taken over by corporations whose interests rarely match those of their “employed” artists, and nowhere is this more obvious than in the world of music. Music today has betrayed itself by chasing wealth as its sole reward, and this is not only tragic but sad.

And we just assume that this is the way it’s supposed to be.

The Shirky Principle — that institutions will always try to maintain the problem for which they are the solution — when applied to the music industry is what led to its disruption by the digital age. Scarcity is the problem, and when consumers got tired of paying $20 or more for a CD with one hit, technology did something about it. Enter our dear friends at the RIAA (Recording Industry Association of America) who went to extreme lengths to halt the will of the people 15 years ago by actually suing its customers. This foolishness led to change, but the desire to protect “the industry” hasn’t given up. There’s still way too much money at stake, and music, unfortunately, is the ultimate loser.

Like the rest of the corporate owned and managed arts, profit is the bottom line in music, not expression of the arts. Originality is sacrificed in the name of repetition, copying, and the production of a sure thing. After all, the shareholders demand manageable growth, so their servants have no choice but to give it to them. Is this the meaning of the arts? I don’t think so. With the arts, as in life itself, one cannot serve two masters.

At the other end of the spectrum is YouTube. I won’t argue that YouTube isn’t part of an enormous corporation, but that’s not the point. I want to talk for a bit about what YouTube has done for the art of music, not the industry. The RIAA, after all, is now threatening lawsuits against YouTube in yet another grasping at straws in the name getting compensation for artists. Bullshit. The RIAA is many things, but it is NOT an advocate for artists, except where in so doing lines the pockets of its masters.

Meanwhile, there’s an awakening among artists everywhere that the web can be exploited to provide a distribution vehicle that can be used to create ancillary revenue streams. As I’ve written previously, YouTubeRed is the greatest thing since sliced bread, and it’s YouTube’s way of creating a micropayment system for those artists whose music is actually played, whether sponsored by corporations or otherwise. This is a certain harbinger for the healthy future of all of the arts, because the output of artists cannot be treated like manufactured products anymore. The arts belong to everybody, and if we enjoy them, it’s our responsibility to pay for them in one way or another.

We’re at the dawn of a great awakening of right brain output, and this pleases me. Industrial age mass marketing was not kind to those wishing to distribute their creative wares, and we’re experiencing the fruit of that today.

The squeeze by consumers has uncovered certain ugly realities:

  • Wall art is mass produced, because it’s cheaper than originals (and no mall carries original work anyway).
  • Music is entirely hit-based and celebrity-based.
  • Repetition is the lifeblood of arts-related industries but the destroyer of the arts themselves.
  • Hollywood only repeats successful formulas.
  • Publishers will only publish that which they know will sell.
  • All of the arts are based on the bottom line, because the arts are “owned” and operated by corporations.
  • As a result, the commercial expectations of artists are entirely wealth-based and unrealistic.

The web, however, has disrupted everything by making everybody’s art available to anybody. Remember, the network views middlemen as a mistake and routes around them. Therefore, you cannot superimpose laws created for the one-to-many world of mass media over the infrastructure of the network. It simply doesn’t work, because scarcity doesn’t (can’t) scale when everybody’s connected. It certainly carries a different value than it does in a disconnected marketplace, and all industries will be forced to deal with this at some point in the not-too-distant future. I understand the desperate nature of disrupted industries, but that does not justify throwing existing laws at the problem, and this includes copyright. We’re going to need visionaries in both the public and private sectors that don’t have institutional corporations in mind as benefactors, but instead, the artists themselves.

The arts are for everyone. As James Allen wrote in his wonderful little book As A Man Thinketh, “The dreamers are the saviors of the world,” and I take this seriously. The prophets of old were among the most sensitive of all humans, for their connection to the world beyond was far outside the norm. So, too, the artists of today prophesy with their work, and we need to pay attention. The problem is that prophecy doesn’t necessarily sell, and that’s our horrific loss. Bob Dylan is a rare example of both, but even at the height of his popularity, his music was an acquired taste. Of course, this was when the message of much of the music world was more important than a song’s ability to recruit wallets. Again, our culture has suffered, because we cannot hear today’s silenced messengers.

Of course, change always takes time, especially with lawyers reproducing like rabbits and for whom “the law” is natural essence of their sustenance. I’m also one of the old guys, so I probably won’t see it in my lifetime.

Nevertheless, let me encourage anyone who works for or benefits from the arts to set your minds on change and help move the rock collectively forward. Not only is it in your best interests, but it’s best for all of our progeny.

Thou shalt not bear false witness!

People wonder why I come off as angry, especially a certain crowd on Facebook. Well, let me be blunt. The world is so swimming in the muck of lies and distortion that we’re all drowning in our own bullshit. If you dare, take a look at this. It was posted on Facebook by a prominent Christian author, speaker and radio show host, Dr. Michael Brown. As of this writing, it’s been shared by over 2,100 fans. The comments are a long stream of attaboys, backslapping, and “thank you for the truth” accolades. The problem is it’s all crap.


The problem here is that this isn’t a photo of some random gathering of Muslim women! Who knew, right? I mean, it fits the message so beautifully that I’m surprised Bill Maher hasn’t used it already. I did a Tineye search of that image and discovered that the copyright is owned by a photographer named Scott Nelson, who writes this in his description:

BAGHDAD,IRAQ-APRIL 03: Female members of the al-Mehdi Army march in Military formation during an April 03, 2004 military parade through the streets of the Sadr City neighborhood in east Baghdad, Iraq. The Al-Mehdi Army is a Shia militia aligned with controversial Shia cleric Moqtada Sadr, and the parade was meant to be a show of force in tandem with Sadr supporters’ continued protest against the occupation of Iraq by the U.S. lead coalition forces.

Wait, what? Their faces are covered for good reason? This was a Shi’a (Iranian roots) militia marching in a public parade in Baghdad after we took over their country. In his keywords, Nelson used military and war terms and was careful not to use the word “burka,” Muslim women, oppression,or anything else inflammatory. It is in no way representative of women without political rights. It’s a con job and one that is designed to inspire fear.

Yet the picture has been used in the Dr. Michael Brown context 80 times since. His clever poster is just the latest.

And so I ask, where is journalism in any of this? Why is Snopes the only website dedicated to sniffing out these frauds? Culture is being torn apart by lies, and our only worry is who’s going to pay for “journalism” in the future.

Shame on us!

Broadcasters and Aereo: sometimes winning means losing

We have a lottery game here in Texas called “All or Nothing.” The point is that if you get ALL the numbers on your ticket, you win, but you also win if there are NONE of the numbers on your ticket. Hence, “all or nothing.”

I think the Supreme Court’s pending decision in the broadcasters versus Aereo case is a similar proposition for the broadcast TV industry, although the other way around. They will lose even if they win.

Historically, when given the opportunity — which this case does — to come down on the side of culture, the high court cannot resist, and culture — whether we like it or not — is moving to a one-to-one model of communications. There are exceptions, certainly, but the use of government resources, like spectrum, to enable old school thinking is up for grabs in the hands of the high court. What most people don’t realize is that one-to-one can mimic one-to-many in certain necessary situations, but one-to-many cannot mimic one-to-one. This is the essence of Jay Rosen’s “Great Horizontal,” and why this case is so fraught with danger for the status quo. You see, it isn’t about my ability to receive; it’s about my ability to send, and that’s why a whole host of laws have to be modified, including the use of the spectrum that’s owned by the people.

TVNewsCheck’s Harry Jessel published a piece last week that examined the question of what happens if the court sides with Aereo. As informative as the essay is, the comments are not only entertaining but also revealing regarding how broadcasters think in terms of defending themselves in the case. Here are six general themes:

  1. Its “unnegotiable” civil defense mission is what will sustain broadcast spectrum. The Telcos even now are working to develop a new system of civil defense warnings and assisting the government in real time and beyond.
  2. The question before the court can’t produce a loss for broadcasters. Since when has the “question before the court” prevented the Supremes from deviating? Sorry, I don’t view this as protection.
  3. Local bandwidth is too small to permit any significant competition to high quality OTA broadcast delivery. This is the same argument used by broadcasters when cable first came on the scene. Quality follows what culture wants.
  4. The most likely outcome would be for Congress to intervene, revising the Copyright Act to bring systems such as Aereo’s within the purview of the transmit clause. The Supreme Court doesn’t need Congress to make law.
  5. There is a finely balanced economic ecosystem going on here in which everyone thrives. But it’s an ecosystem that can be damaged if something disruptive, like a Supreme Court win for Aereo, took place. Nobody cares about our “finely balanced economic ecosystem,” except where it impacts their wallets, and that is a biggie that the court could impact.
  6. If the Supremes give the decision to Aereo, then broadcasters’ spectrum is safe, because Aereo depends on a broadcast signal in order for its antenna farms to work. Well, yes, and that’s a possibility, but Harry’s piece fully explores how that could be a net loss for broadcasters anyway.

If the broadcasters were to win, however, there’s a significant chance, in my view, that the price of winning will be its spectrum, because there is widespread and significant pressure to shift TV stations to cable in the name of spectrum use for the one-to-one world of the Web.

It is the law that gives broadcasters the spectrum. It is the law that says cable companies MUST carry the broadcast signals. It is the law says that broadcasters have a right to compensation for cable carrying their signals. And now broadcasters want the law again to boost their business model. Live by the law, die by the law, for the Supreme Court is the final arbiter of what is or isn’t law, and that’s why this case was such a crap shoot from the beginning.

Broadcasters are already acting as cable companies, and here’s the rub. If broadcast signals become cable channels, then must-carry laws are irrelevant, and retrains fees become renegotiable. Without the weight of law behind the broadcast companies, there’s little doubt in my mind that the networks will by-pass the local money tree in making their programming available via cable. Hence, the losing even if they win.

The problem for the Supremes — and the key reason I think they took this case — is the profound necessity of rewriting what copyright means, absent the immense Congressional lobbying power of the status quo. “Intellectual property” is an oxymoron created by the entertainment industry to give itself the weight of law in conducting its business throughout the world. It works fine in the one-to-many world of mass media, but it makes no sense in the Great Horizontal, and this is the conundrum for the court. Personal use of products must include sharing in a one-to-one universe, and every one of the old industries that thrived in a one-to-many paradigm must face this reality. It will take something like a court ruling to give the people formerly known as the audience (thank you, Jay Rosen) what they deserve.

The supermarket can’t charge me twice for a meal I share with neighbors, yet this is the absurdity of current copyright inside the network. The network is a cultural shift that’s here to stay, and its advancement is the duty of those in positions to make it so, such as our Supreme Court justices. Neither side in this case gives a ripple chip about consumers, the people, and that’s what the court will be forced to consider.

Folks, there’s much more riding here than the question before the court. In attempting to right what they view as a business wrong, broadcasters have opened Pandora’s box, and the chaos unleashed will likely produce a deleterious result for anything “business as usual.”

BONUS LINK, also via TVNewsCheck: Michael Berg’s legal view of the case (although tilted by an admitted bias towards the NAB).

SOPA/PIPA isn’t a business problem; it’s a culture problem

I am not an eyeballIn the wake of this week’s remarkable SOPA and PIPA turnaround in Washington, Christopher Dodd, the former U.S. Representative turned U.S. Senator and now chairman of the Motion Picture Association of America, thinks that Hollywood and Silicon Valley need to meet. “Mr. Dodd said he would welcome a summit meeting between Internet companies and content companies, perhaps convened by the White House, that could lead to a compromise,” according to the New York Times.

Prominent New York venture capitalist Fred Wilson essentially accepted the invitation, saying we need a new framework that is based on a shared set of goals and objectives. “The PIPA/SOPA framework was litgation heavy and very invasive,” he wrote. “It was “we are going to do this to you.” It’s not surprising the tech industry didn’t like it one bit.”

As much as I respect Fred Wilson, this is a clever way of positioning “the problem” as one between two industries, entertainment and technology. Okay. That’s fine, but “the problem” is really between the MPAA and RIAA and the people formerly known as their customers. If you think Fred Wilson speaks for the people, you’re mistaken. Fred is one of the genuinely good guys, but his view is quite business-centered. So who speaks for us in these negotiations?

This isn’t a business problem; it’s a cultural problem, and it must be framed as such in order for these businesses to get it right. It is indeed a legal issue, but it tends to get framed in an archaic setting. That’s the real problem here. If you really want to understand the scope of the issue, take the 14 minutes necessary to watch Clay Shirky’s explanation or read his take here.

Shirky notes that the copyright cartel wants to eliminate the sharing of creative works, just as they’ve wanted since creative works first became an “industry.” As a creative person who’s published books and songs and performed those songs as well, I don’t believe the arts are industries, so they shouldn’t be treated as such. The only fiscal beneficiaries of the arts should be the artists and that begins with being seen, read, heard, watched, etc. I oppose the suggestion that the sharing of works costs artists jobs, and I resent it when this is used to justify arguments that prevent people from seeing, reading, hearing, watching, etc. I further reject the suggestion that a self-serving “professional” hierarchy should the sole determinant of what is seen, read, heard, watched, etc. We’ve  gone nuts with deep pockets needing to protect their status, and this has blinded everybody to the revolution that’s taking place around us.

I have a lot of books in my library and continue to obtain both printed and electronic versions. But I’ve given away more than I actually possess, for I believe that artistic works should be consumed. That’s their purpose. The copyright industry tells me, however, that if my friends who “borrowed” those books wanted to read them, they should have bought them for themselves. This is why I’m so vehemently opposed to legislation such as SOPA or PIPA. At core, such thinking is unnatural, for the artist benefits in ways beyond monetary compensation.

Besides, the harm that these companies are experiencing is self-inflicted, because these industries profit by manipulating and gouging the very people their products are intended to entertain. Treating customers as “eyeballs” for profit is not only disrespectful; it is contrary to the very essence of creativity’s gifts. We hear about how artists are   disrespected in our culture, but that disrespect begins with the industry that exploits their gifts for profit alone.

People have had enough, and the disorganized, chaotic demonstration against it last Wednesday evidenced a dissatisfaction far beyond what a simple business negotiation can deliver. Copyright is not property. Period. Let’s get that right, and the rest will fall in place.


Righthaven rulings impact everyone

Via Wired:

A federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow to newspaper copyright troll Righthaven.

the problem with lawyersThe newspaper industry has generally been quiet about this whole Righthaven nonsense, and it deserves what is happening in the wake of these rulings. I wrote about this a year ago.

Suing is the last thing we want to be doing for only two outcomes are possible. One, fair use provisions are solidified and possibly even expanded, which will weaken the argument that traditional media companies want to use in protecting their “property.” That would not be good for them. Two, fair use takes it on the chin, which would give traditional media companies a sense of power and victory. In this case, others will seize the opportunity presented, and people will go elsewhere, New York Times be damned. That would not be good for media companies either.

Rather than talk some sense into Righthaven’s “client,” it appears we chose to sit back and hope. Instead, this stream of anti-Righthaven court rulings is establishing a very dangerous precedent for copyright future suits, and the industry will rue the day it decided not to get involved.

Chalk another one up for the personal media revolution.

Broadcasters win one, for now

Of all the disruptions facing traditional forms of media today, none is greater than that which is threatening the value-through-scarcity of the broadcasting/cable arrangement. The broadcasters won one in court this week, when a U.S. District Court in New York issued a preliminary injunction against ivi, Inc. The injunction stops the company from streaming copyright-protected broadcast programming online, creating an online form of cable at much lower rates than cable itself ($4.99/mo).

According to the Associated Press, the court rejected ivi’s reasoning that it is “entitled to the same rights to distribute broadcast programming that federal copyright law automatically grants cable TV operators.” The court found that ivi does not qualify as a cable system.

ivi website

The company is being sued by a host of entities, including local broadcasters in Seattle and New York. ivi said it will shut down its broadcast offerings while it appeals. In a press release following the decision, ivi CEO Todd Weaver sounded a lot like protestors in the Middle East.

“This fight is for the people and their right to choice and control over their own entertainment — and it will continue. The oppressive big media networks must open their doors to innovators or they will inevitably fall. People want responsible choice, not the one-size-fits-all television offerings imposed by powerful media interests.”

ivi argues that this is an issue for the FCC and not the courts under copyright, an argument they have little chance of winning. The content within the signals that ivi retransmits belongs to its creators, not the public. I do think, however, that ivi is right in stating that sooner or later, program creators are going to have to realize that the old model of forced scarcity — and for which they can charge an arm and a leg — can’t last forever. Personal broadcasting — including content marketing by the people formerly known as the advertisers — is on the rise, and if Hollywood (and the National Association of Broadcasters) isn’t careful, it’ll find itself on the wrong end of the public’s attention curve.

Consider that the rapid growth of what Borrell Associates calls “non-ad spending” among advertisers includes their own programming, and that these people would be very happy with any distribution model. They are, after all, the folks with the money that support all this programming in the first place. Here’s what Gordon Borrell told me on the subject:

The onset of digital media has accelerated the trend whereby businesses are spending more on non-traditional forms of advertising. Traditional advertising as we know it has gone flat, while “non-advertising” forms of marketing have increased — like spending money on their own websites, paying for product placement in programs, giving away products and services for free via the Groupon program, paying to have their websites optimized for search engines, etc. The table below shows that businesses spend twice as much on “non-advertising” marketing than they do on traditional advertising. To look at it a different way, you might say that advertisers, like consumers, now have control of the media.

non ad spending 2011, courtesy Borrell Associates

Consider also that all of the forecast models for the future show a dramatic increase in online video usage. Search and unbundled distribution options will rule the roost, not some programmer’s view of what to watch when and where. Google TV and everything like it will have their day. The broadcasting industry must be on the forefront of this and not be fighting every attempt to develop the marketplace. As we learned with music, the people will have their way. Does the NAB have the courage and smarts to lead the way, or will we simply try to stop it in the name of short term results?

ivi’s approach on all this has been bold and in-your-face and, as such, could be seen as almost laughably naïve. “They’ll never get away with it,” is a logical response. The noise they make along the way, however, will resonate with everyday people, and that’s a problem no matter what the courts decide.