Category Archives: Business Models

Has digital killed the music industry?

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Or, more specifically, has disintermediation broken the business model?

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Ever since the invention of compact cassettes in the 1960s and the arrival of the Walkman in the 1970s, pundits have been predicting the end of the music business (remember those “Home Taping Is Killing Music” campaign logos of the 1980s?) – a theory that look set to come true in the 1990s with the launch of mp3 players and peer-to-peer file sharing. Yet, rather like Mark Twain, the death of the record industry appears to be greatly exaggerated.

Most debate about the demise of the music industry is predicated on the impact of technology that facilitates music piracy, whereas in reality the business model has been broken as a consequence of digital disintermediation.

For most of its history, the recording industry was a model of vertical integration. The major record labels owned the content, the means of production (recording and manufacture), the publishing and licensing activities, the distribution channels – and in some cases, they even manufactured the hardware, owned the retail stores and promoted live concerts.

The 1970s began a rapid process of horizontal integration, as the major record labels merged with one another at such a rate that by the late 1990s there were really only four global companies – Sony, Warner, Universal and EMI. At various times, each of these companies has also been affiliated to substantial film, electronics and publishing interests – further proof of the vertical and horizontal integration.

The “Big Four” have now been reduced to just three with the sale of EMI to Universal. European Union Competition rules resulted in parts of the EMI group of labels being divested to Warner, and the music publishing division being sold to Sony/ATV Music Publishing.

EMI was probably the epitome of vertical integration – but over the years, it was forced to sell or close assets like its UK manufacturing plant and the HMV retail chain, and came close to selling off London’s Abbey Road Studios (a decision that was reversed following public outcry and reinforced by a heritage listing). Some observers blame poor business decisions and weak digital strategies for EMI’s demise, but I would argue that the highly integrated model has been found wanting, and EMI was a dinosaur that could no longer survive in its current form. For example, despite some errors of judgement (such as putting “Copy Control” software on their CD’s which affected their ability to play on personal computers), in many ways EMI was something of a pioneer in digital music – being one of the first major labels to remove DRM from its downloads, and licensing its content for streaming services.

Despite the rampant corporate contraction, the growth of digital download platforms and the expansion of music streaming services, it’s clear that record labels still have a role to play in developing and distributing new content. Independent labels, distributors and retailers continue to wax and wane according to the fortunes of the wider industry, and technology makes it even easier for artists to self-release their recordings direct to the customer – but record labels provide the financial and marketing support that are critical to commercial success, and other intermediaries (publishers, distributors, licensees, retailers, promoters, etc.) continue to add value to the supply chain.

In fact, just this week, Billboard has been running a poll on whether Universal and Sony should break away from their parent entertainment conglomerates – the theory being that the music labels represent greater value on their own, especially when unencumbered by ailing electronics and movie businesses. Results so far suggest that ownership does not matter so much as having the best strategies for, and access to, the means of content creation and distribution.

At the same time, the music industry is going through another round of vertical and horizontal integration and disintermediation, driven by new technology, new distribution platforms and new business models linked to the way we access and consume content. So, while Apple’s iTunes platform has been accused of anti-competitive practices in its dealings with content owners, it also faces competition from music streaming services like Spotify, Rdio and Pandora, and new content platforms like Twitter’s #music and Vine. And if sales of new CD’s (and even mp3 downloads) are reportedly declining, there is still healthy demand for live music events especially those linked to the marketing of established back catalogue titles, which is where record labels come into their own as curators of re-released and re-packaged content.

In conclusion, here are some random reasons why I think the music industry is actually in good health:

Whose content is it anyway?

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Faust 2.0

Every social media and digital publishing platform is engaged in a continuous battle to acquire content, in order to attract audiences and bolster advertising revenues.

Content ownership is becoming increasingly contentious, and I wonder if we truly appreciate the near-Faustian pact we have entered into as we willingly contribute original material and our personal data in return for continued “free” access to Facebook, YouTube, Google, Flickr, LinkedIn, Pinterest, Twitter, MySpace, etc.

Even if we knowingly surrender legal rights over our own content because this is the acceptable price to pay for using social media, are we actually getting a fair deal in return? The fact is that more users and more content means more advertisers – but are we being adequately compensated for the privilege of posting our stuff on-line? Even if we are prepared to go along with the deal, are our rights being adequately protected and respected?

In late 2012, Instagram faced intense public backlash against suggestions it would embark upon the commercial exploitation of users’ photographs. While appearing to backtrack, and conceding that users retain copyright in their photographs, there is nothing to say that Instagram and others won’t seek to amend their end-user license agreements in future to claim certain rights over contributed content. For example, while users might retain copyright in their individual content, social media platforms may assert other intellectual property rights over derived content (e.g., compiling directories of aggregated data, licensing the metadata associated with user content, or controlling the embedded design features associated with the way content is rendered and arranged).

Even if a social media site is “free” to use (and as we all know, we “pay” for it by allowing ourselves to be used as advertising and marketing bait), I would still expect to retain full ownership, control and use of my own content – otherwise, in some ways it’s rather like a typesetter or printer trying to claim ownership of an author’s work….

The Instagram issue has resurfaced in recent months, with the UK’s Enterprise and Regulatory Reform Act. The Act amends UK copyright law in a number of ways, most contentiously around the treatment of “orphan” works (i.e., copyright content – photos, recordings, text – where the original author or owner cannot be identified). The stated intent of the Act is to bring orphan works into a formal copyright administration system, and similar reforms are under consideration in Australia.

Under the new UK legislation, a licensing and collection regime will be established to enable the commercial exploitation of orphan works, provided that the publisher has made a “diligent” effort to locate the copyright holder, and agrees to pay an appropriate license fee once permission to publish has been granted by the scheme’s administrator.

Such has been the outcry (especially among photographers), that the legislation has been referred to as “the Instagram Act”, and the UK government’s own Intellectual Property Office was moved to issue a clarification factsheet to mollify public concerns. However, those concerns continue to surface: in particular, the definition of “diligent” in this context; and the practice of some social media platforms to remove metadata from photos, making it harder to identify the owner or the original source.

Meanwhile, the long-running Google book scanning copyright lawsuit has taken another unexpected twist in the US courts. From the outset, Google tried to suggest it was providing some sort of public service in making long-out-of-print books available in the digital age. Others claim that it was part of a strategy to challenge Amazon.

Despite an earlier unfavourable ruling, a recent appeal has helped Google’s case in two ways: first, the previous decision to establish a class action comprising disgruntled authors and publishers has been set aside (on what looks like a technicality); second, the courts must now consider whether Google can claim its scanning activities (involving an estimated 20 million titles) constitute “fair use”, one of the few defences to allegations of breach of copyright.

Personally, I don’t think the “fair use” provisions were designed to cater for mass commercialization on the scale of Google, despite the latter saying it will restrict the amount of free content from each book that will be displayed in search results – ultimately, Google wants to generate a new revenue stream from 3rd party content that it neither owns nor originated, so let’s call it for what it is and if authors and publishers wish to grant Google permission to digitize their content, let them negotiate equitable licensing terms and royalties.

Finally, the upcoming release of Apple’s iOS7 has created consternation of its own. Certain developers with access to the beta version are concerned that Apple will force mobile device users to install app upgrades automatically. If this is true, then basically Apple is telling its customers they now have even less control over the devices and content that they pay for.

Some gratuitous advice for customer service managers – 7 handy hints

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I make no apologies for the fact that this week’s post is something of a rant. But in venting my spleen I hope to offer some invaluable and sincere feedback to customer service managers everywhere.

Over recent weeks, I have had numerous phone conversations with front line customer service staff working for utilities, telcos and financial institutions. From my personal experience, these companies appear to be among the most frustrating companies to deal with, but my comments could equally apply to retailers, hotels, travel agents, software vendors, local governments or logistics companies.

Here are my suggestions on how customer service managers could improve their performance:

1. Train team members on the full product or service life-cycle – There is nothing worse than being passed off to a never-ending chain of “specialists”, people who know only their own few centimeters of the billing or fulfillment process (albeit their knowledge is probably several kilometers deep…). I am not saying they all have to be experts at everything, but having at least a common and consistent understanding of the end-to-end process would be a great start.

2. Update all team members on latest product and service changes on a timely basis – Following on from the above, I get really annoyed when given contradictory information from different client-facing employees, especially when the person I am speaking to is clearly not up-to-date with the company’s own offerings.

3. Tell the teams not to keep blaming the “system” – For one thing, the “system” is only as good as the humans who designed it. For another, the “system” is not some abstract or imaginary force over which nobody has any control. Often those designers are their colleagues. So in criticising the system for any shortcomings, the customer service representatives are in effect criticising their fellow employees and by extension, the company itself.

4. Listen to customer feedback relayed by the front line employees – For the most part, customers actually want to help service providers to do better. They don’t give their feedback so it can be ignored and disregarded – they would like it to be acknowledged, followed up and acted upon. No doubt most front-line employees would also like to think they are being taken seriously – but often I think there is an element of “shooting the messenger” which dissuades employees from raising genuine customer feedback and criticism with their managers.

5. Give customer service teams clear parameters to exercise their discretion – I understand that organizations require consistency, and they also expect adherence to operating guidelines and protocols. However, it gives me very little pleasure to have to go over the head of a front line employee to speak to a supervisor or team leader, who then ends up making their subordinate look ineffective because they have the “power” to reverse that erroneous charge on my bill. Rather than forcing customers to escalate issues in order to get attention from further up the chain of command, how about providing front line teams with more individual discretion as to how they can resolve customer complaints? I once heard of a major hotel chain that empowered front desk employees by granting them a program and quota of refunds, rewards, upgrades, discounts which they could allocate and award as they saw fit to address guest issues.

6. Learn to be more customer-centric, not product-led – So many service providers like to believe they focus on the customer. In fact, we know that customers are managed according to the products they purchase and the services they subscribe to. How often are internal systems jargon and inward-looking product terms used as a justification for a particular client outcome? To me, this demonstrates that many organizations are not interested in serving their customers – they are often rigidly organised around product processes and internal systems.

7. Don’t expect customers to train customer service staff (and certainly not for nothing) – Finally, we know that many organisations record in-bound customer calls. Sometimes, they bother to listen to the recordings. Occasionally, they might even contact the customer to seek more information. But rarely, if ever, do they contact their customers to say they listened, they heard and they did something about the issue. Sure, feel free to use my customer feedback for “staff training and coaching purposes”, but please give credit where credit is due. A voucher or a discount off my next bill would be a nice gesture!

While most retail markets are competitive, and customers have at least some choice between providers, the reality is that we all need access to gas, water, electricity, telecommunication and banking services. All of these sectors are highly regulated (and in some cases they also enjoy government protections), which by necessity reduces the amount of choice. Wouldn’t it be nice if these powerful and monopolistic companies used their enviable market position to benefit their customers, rather than taking them for granted?

10 Reasons why the Lean Startup Business Model is here to stay

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Is the Lean Startup Business Model a passing fad, or the “new normal”?

Here are 10 reasons why I think the Lean Startup model is here to stay:

1. Technology – Everything’s social, mobile and cloud-based, meaning reduced establishment costs, enhanced flexibility, and easier scalability for startups.
2. Millennials – The younger generation have different work drivers, informed by their lifestyle ambitions, career aspirations and personal expectations. Startups may often meet their needs more easily than established businesses, and can therefore attract talent better-suited to their requirements.
3. Everyone is their own CEO – “The Start-Up Of You” reinforced the idea that individuals are responsible for managing their own career, that they need to take control of their career decisions, and that a career does not always follow a continuously upward trajectory. Startups can allow people to make non-linear career moves.
4. Crowdsourcing – There’s no need to be an expert in everything – startups can outsource, collaborate, and rent rather than buy.
5. Crowdfunding – It’s no longer a pre-requisite to launch an IPO or negotiate an investment bank deal. The lean startup model has been key to the development of alternative funding models.
6. The waning fortunes of “big” corporates – With a few notable exceptions, large corporations can be slow to react to new market dynamics, and can miss out on new opportunities. The lean startup model is the antithesis to many traditional corporate ecosystems.
7. The post-industrial age – Before the industrial revolution and the arrival of factories, production lines and mass manufacturing, we had cottage industries – people working independently from home, in small-scale operations, often doing outsourced, piece-rate work, or bartering their skills. Startups are fostering a new era of cottage industries, where goods and services are traded through networks and peer-referrals.
8. Lessons from the dot.com boom & bust – We are wiser (after the event). Don’t assume the technology in itself is the solution or the product; don’t burn the cash and have nothing to show for it; start small but position to grow quickly through agile processes and nimble methodologies.
9. Flexibility is the key – Adapt and survive! This is the DNA of the Lean Startup Model.
10. Experience is sometimes better than a formal qualification – People are keen to learn and acquire new skills through direct exposure to interesting projects. Startups can offer this in abundance.

Acknowledgement: I am grateful to Brad Dunn of Nazori for triggering this blog.