Copyright – Use It Or Lose It?

I was browsing in one of the last remaining record stores in Melbourne’s CBD last week, flipping through the secondhand racks for independent vinyl releases of the 70s and 80s. (I was in search of some sounds of the Paisley Underground, if anyone is interested.) The shop owner, who also runs a record label, lamented that there are a whole bunch of out-of-print recordings of that era that he wants to license for reissue in physical format – but in many cases, the rights have since been acquired by major record companies that have no interest in re-releasing this material themselves. Yet, when approached for permission, oftentimes they ask for prohibitive licensing fees, making the venture uneconomic.

The sound of the Paisley Underground (on vinyl, of course) – Image sourced from Discogs.com

The irony is, most times the major labels have no idea what they have in their back catalogues, because the content they own has been scooped up through corporate mergers or is still managed via a series of archaic territorial licensing and distribution deals based on antiquated geo-blocking practices. Plus, understandably, they are usually more interested in flogging their latest product than curating their past.

There’s nothing wrong with content owners wanting to charge licensing fees, but surely they need to be commensurate with the likely rate of return for the licensee (we’re usually talking about a small circulation among enthusiasts, after all). Plus, the original production costs have either been written off, or amortized on the books – so, given there is little to no new cost to the content owner, ANY additional revenue stream would surely be welcome, however modest?

But what about streaming and downloads? Surely all this back catalogue content is available from your nearest digital music platform of choice? Well, actually no. In many cases, “out-of-print” also means “out-of-circulation”. And even if back content is available to stream or download, the aforementioned geo-blocking can mean that rights owners in certain markets may choose not to make the content available in specific countries. (I’ve even had the experience where content I have purchased and downloaded from iTunes Australia is no longer available – probably because the rights have subsequently been acquired by a local distributor who has elected to withdraw it from circulation.)

Of course, copyrights eventually expire or lapse, and unless renewed or otherwise maintained, usually fall into the public domain (but not for many years…..). Again, nothing wrong with affording copyright owners the commercial and financial benefits of their IP. But, should content owners be allowed to sit on their assets, and do nothing with their IP, despite the willingness of potential licensees to generate additional income for them?

In a previous blog, I ventured the idea of a “use it or lose it” concept. This would enable prospective licensees to re-issue content, in return for an appropriate royalty fee or share of revenues, where the copyright owners (and/or their labels, publishers and distributors) no longer make it available – either in certain markets and territories, or in specific formats. To mitigate potential copyright exploitation, copyright owners would be given the opportunity to explain why they have chosen to withhold or withdraw material that had previously been commercially available. There could also be an independent adjudicator to assess these explanations, and to help set an appropriate level of licensing fees and/or royalties.

Meanwhile, on-line sites like Discogs.com provide a welcome marketplace for out-of-print back catalogue!

Next week: Big Data – Panacea or Pandemic?

 

 

 

 

 

 

Supersense – Festival of the Ecstatic

Taking a break from startups, FinTech and digital disruption, I spent the past weekend at this year’s Supersense at the Melbourne Arts Centre. This underground festival (both literally and culturally) is back after 2015’s launch event, with an even more ambitious yet also more coherent line-up. It was still an endurance test, and while there were several absorbing performances, in the end it felt like there was nothing that was totally outstanding.

Part of the problem is we are so overloaded with aural stimulation that it takes something truly special to capture our imagination. First, we have access to an endless supply of music (thanks to Apple, Spotify, Bandcamp, Soundcloud, BitTorrent, Vimeo, Resonate, Napster, Vevo, Gnutella, YouTube…). Second, what was once deemed subversive or cutting edge, has now been appropriated by the mainstream and co-opted into the mass media. Third, and as a result of which, when it comes to the avant-garde, there is a sense of “been there, seen that”.

Alternatively, perhaps after more than 40 years of watching live music my palette has become jaded. But I’m also aware that theses days, some of the really interesting and engaging “live” audio experiences are to be found in art gallery installations, site-specific works and interactive pieces. For much of the festival, there was the traditional boundary between performer and audience – even though the idea was to wander between the different performance areas, we were still very much spectators.

A large part of the programme was given over to genre-pushing performances.  But even here I realize that, whether it’s free jazz, improvisation or experimental sounds, there is an orthodoxy at work. Many of these performers are playing a pre-defined musical role, whether it’s torch singer, axe hero, R&B diva, stonking saxophonist, glitch supremo, string scraper, drone aficionado or ur-vocalist.

Some performers played the venue as much as their instruments (stretching the acoustic limits of the building). Some even ended up “playing” the audience (in the sense of stretching their patience and tolerance). And in the many collaborative pieces, the musicians were mainly playing for or against each other, somewhat oblivious to the audience. In such circumstances, the creative tension did provide for some interesting results; but as so often with virtuoso performances, the players that relied only on speed, noise, volume or however many (or few) notes they produced were probably the least interesting.

Overall, few performers offered much variety within their allotted time slots. For all the colour, range and styles on display, many of the individual sets were extremely monochromatic, with little in the way of transition or shade. The volume, tones and textures were always full on. Pieces lacked development, and did not reveal or explore the aural equivalent of negative space. I understand and appreciate the importance of minimalism, repetition and compressed tonality in contemporary composition, but I was also hoping for a more layered approach to these live performances, and even some juxtaposition or contrast.

The subtitle of Supersense is “Festival of the Ecstatic”, with the implication that the audience will be swept away on a (sound) wave of transcendence. When it came to being enraptured, as with so many things these days, less is more. So the key sessions for me included: Oliver Coates who mesmerized with his solo cello performance; Jannah Quill and Fujui Wang whose laptop glitches sounded like a version of Philip Jeck’s “Vinyl Requiem” using only the works of Karlheinz Stockhausen; Zeena Parkins‘ sublime piano drone harmonics; JG Thirwell‘s minimalist sound poem; and Stephen O’Malley’s plaster-shredding guitar feedback oscillation. Whether or not it was the intended effect, during a number of performances I actually found myself drifting into a soporific state of semi-consciousness – but maybe it was just fatigue setting in?

Of course, I am extremely grateful that this type of event exists – it’s essential to have these showcases, for all their limitations and challenges. But it’s a bit like being a tourist: there are lots of destinations we may like to visit, but we wouldn’t want to live there – and there are some places where it’s enough just to know they are there.

Next week: FinTech and the Regulators

Music Streaming Comes Of Age

Last Saturday was the 10th International Record Store Day, an annual event to celebrate independent music shops. A key feature is the list of exclusive and limited edition vinyl releases, most of which can only be bought in selected participating stores – in person and on the day. But there are also loads of other promotions and live events, designed to get people browsing the racks in their local retail outlet. In an age when streaming services now account for the bulk of US music industry revenues, what is the future of the neighbourhood record shop (those that are still left, that is)? Will streaming services kill off digital downloads, as well as sales of physical product like CDs and records?

Despite the sense of doom that has permeated the record industry in recent years (if not decades!), there is also a feeling that, just as the internet has not yet managed to kill off the publishing industry, digital has not yet killed the radio star. The independent music industry in particular has found a way to survive, and retail stores are still an important part of the business.

So, what are the recent trends in music industry sales and business models?

First, the continued rebound in vinyl sales (at least in the UK) show that there is renewed interest in this 70-year-old format, with industry data showing a 25-year high (but not yet a return to the 1980s’ peak). Record Store Day is generally credited with boosting vinyl sales. And to be fair, even music streaming services have contributed to this growth, through curated content, recommendation engines and user preferences: meaning that listeners get exposed to a wider range of music and artists than they would from traditional Top 40 radio, and they get to explore and discover new music.

Second, digital downloads, once seen as the industry growth engine, are facing a pincer attack, from streaming services as well as vinyl sales. No wonder that Apple is expected to slowly and quietly retire the iTunes download store, and shift more focus onto its own Apple Music subscription service. The music industry (especially the dwindling number of major labels) didn’t really “get” the internet. Having just competed in the CD-format wars, the major labels then competed on digital file formats, and tried to lock their digital content to proprietary players and software protocols. Some of this reticence was justified – thanks to digital piracy and illegal file sharing – but they didn’t (and still don’t) help themselves by poor CX on their retail websites (if they have an e-commerce presence at all), and adherence to arcane geo-blocking.

Third, many musicians are benefiting from increased exposure via streaming services – although with Apple Music and Spotify seemingly leaving the other platforms far behind, the downside risks from a dominant duopoly don’t need spelling out. Especially as the royalty payments from streaming are generally much smaller than they would have been from physical sales, “traditional” downloads and radio airplay. This source of friction between labels, their artists, music publishers and online content platforms surfaced again earlier this month, in a spat with YouTube over fees for video streaming.

Fourth, in a new move in the streaming wars and the battle to win mobile screen real-estate, Australian startup Unlockd has just secured a deal with MTV UK to stream free music videos in return for viewing ads. It’s also a move designed to counter ad-blockers and locked screens, while finding another way to distribute sponsored content. Elsewhere, some mobile carriers are now including music streaming services as part of customers’ un-metered data consumption, although what this may mean for artist royalties and the revenue share from ad-supported content on Spotify etc. is unclear.

Fifth, as another example of how the music industry is having to adapt, UK startup Secret Sessions is using a combination of social media, independent/unsigned artists and major brand licensing deals to find new ways to generate revenue streams for artists that can no longer count on income from traditional sales-based royalty deals, especially with the diminished licensing revenues from streaming services.

Sixth, as further evidence that all is not well in the world of music streaming, SoundCloud continues to lose its way. Once the music service of choice for user-contributed content created by independent and unsigned musicians, it got greedy and has been subject to recent speculation about its financial health and future.

Initially, SoundCloud was all about the makers and producers – helping artists connect with their audience, via a simple but effective website and mobile app. It also meant that at first, SoundCloud charged musicians and labels under a “pay to publish” model, while listeners could simply stream (and sometimes download) all this content for free. Then, it alienated many of its earliest supporters and champions, by introducing “ad-supported” streaming (with priority access going to labels and artists with big marketing budgets, who could also attract/demand the lion’s share of the advertising revenue).

SoundCloud also seriously messed with the app, making it far less useful to artists, and then introduced its own subscription-based streaming service, SoundCloud Go. Only, it wasn’t satisfied with just one subscription model, and recently announced an “upgrade” – whereby the “old” service became “SoundCloud Go+“, and a “new” SoundCloud Go was launched. Confused? You will be….

Meanwhile, Bandcamp continues to outperform the industry, in terms of annual sales growth, and has become a unique platform that offers music streaming, digital downloads and even physical product. (Frustratingly, Bandcamp is still blocked from selling digital content directly via iOS devices – even though much of this content is unavailable on either iTunes or Apple Music. Surely that’s anti-competitive?) And now there’s an amusing string of “SoundCloud vs Bandcamp” memes doing the rounds which may say a lot about the respective fortunes of these rival services.

Finally, the last word on the current state of music streaming and digital downloads should go to the artist known as L.Pierre. He has just announced the release of his latest and final (vinyl-only) album under that particular moniker, with an accompanying artist statement which could be seen as both an indictment upon and a requiem for the music industry.

NOTE: Apologies to my readers for any confusion regarding the timing and accessibility of this post. Thanks to WordPress, this article “missed” its scheduled time, and the outgoing e-mail notification had a faulty link. Normal service will hopefully be resumed next week…

Next week: Startup Vic’s E-commerce Pitch Night

“Language is a virus” – a look at coding skills

We are fast-approaching the point when a lack of some basic coding skills will be likened to being illiterate. If you are unable to modify a web page or use an HTML text editor, it will be like not knowing how to create a Word document or edit a PDF file. Coding does appear on some school curricula, but it is primarily taught in the context of maths, computer programming or IT skills. Whereas, if we look at coding as a language capability (part of a new literacy), it should be seen as an essential communication tool in itself.

quote-William-S.-Burroughs-language-is-a-virus-from-outer-space-92713First, I am aware that a number of programs for children are trying to teach coding and maths in more relevant ways, and having talked to some of their creators, I admire their ambition to place these skills in a broader context. Coding might be described as the “4th R”: alongside reading, writing, arithmetic we have reasoning”. So a program like Creative Coding HK (as it name implies) focuses on students making things; in the USA, KidsLogic is placing as much emphasis on contextual learning as on robotics; while Australia’s Machinam is re-writing the maths curriculum to teach practical, everyday problem-solving skills.

Second, as we know, learning the foundations of coding is like learning the syntax of a foreign language. However, while Latin and Greek can provide the basis for learning the structure (and many words) of many European languages, it’s not much use when learning character-based languages (Chinese, Japanese) – although there are common grammatical elements. But if we understand that a line of any code has to be structured a certain way, contain essential elements, define key attributes and run in a particular sequence or order, we may come to “read” and interpret what the code is saying or doing.

As an aside, I’m struck by the comments made by the founder of AssignmentHero during a recent pitch night. Although he had studied computer sciences at Uni, he did not use any of the formal computing languages he had learned when building his product. This highlights the downside of learning specific languages, which can become obsolete, unless we have a better grasp of “which languages for which purposes”, or find ways to easily “interpolate” components of one language into another (just as languages themselves borrow from each other). Or do we need an Esperanto for coding?

Third, even if I don’t want or need to learn how to program a computer or configure an operating system, knowing how to define and sequence a set of instructions for running some software or a dedicated program will be essential as more devices become connected in the Internet of Things. For myself, I have dabbled with a simple bluetooth enabled robot (with the original Sphero), acquired a WiFi-enabled light bulb (the programmable LIFX) and experimented with an iOS music app that incorporates wearables (the MIDI-powered Auug motion synth).

Finally, just like a virus, coding is contagious – but in a good way. At a recent event on Code in the Cinema (hosted by General Assembly as part of the Melbourne International Film Festival), there were three demos which captured my attention, and which I will be investigating over the coming months:

I think they show why, where and how many of us “non-computing” types will want to learn the benefits of coding as a new language skill. If nothing else, getting comfortable with coding will help mitigate some of the risks of the “digital divide”.

Next week: The arts for art’s sake….