copyright 2.0 and the future of music gerd leonhard norway think tank june 2008

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www.mediafuturist.com Gerd Leonhard [email protected] www.mediafuturist.com Thoughts on Copyright 2.0 and Music ‘Follow’ me: Twitter: gleonhard + dailywisdoms Facebook: Gerd Leonhard Monday, June 23, 2008

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Some Some key points from this presentation (see more at www.mediafuturist.com): * An actual distinction between ‘Copy’ vs ‘Performance’ of music no longer exists * Even if that difference could be maintained: the ‘Selling of Copies’ of music (CDs or downloads) is no longer a growing business, or a sustainable model * The exclusive right to ‘make copies’ is becoming impossible to enforce * Criminalization of Sharing and Policing of Web-Access is not the kind of ‘Justice’ our society can afford (see my response to Paul Mc Guinness' speech at Midem 2008 here) * New Permissions & ‘Usage-Rights’ for Digital Music can and will solve this problem * Do we want the Fair Remuneration of the Creators or do we prefer - at all costs - to maintain the Industry’s Control over the Users fka Consumers?

TRANSCRIPT

Page 1: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

Gerd Leonhard

[email protected]

www.mediafuturist.com

Thoughts on Copyright 2.0 and Music

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 2: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

A real distinction between ‘Copy’ vs ‘Performance’ no longer exists

Even if that difference could be maintained: the ‘Selling of Copies’ is no

longer a growing business or sustainable model

The exclusive right to ‘make copies’ is becoming impossible to enforce

Criminalization of Sharing and Policing of Web-Access is not the kind of ‘Justice’ our society can affordNew Permissions & ‘Usage-Rights’ can solve this problem

Do we want the Fair Remuneration of the Creators

or do we prefer - at all costs - to maintain the

Industry’s Control over the Users fka Consumers?

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Six points I want to share

Monday, June 23, 2008

Page 3: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 4: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com Thanks to technology-induced cultural changes, Listening is Getting

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 5: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

So:

• Why do we still attribute all value solely to ‘the right to make copies’?

• Why do we still treat broadcasting as ‘free’ for the user while ‘copying’

of the same music must be expensive and paid for ‘by the unit’ ?

• Can the broadcasting model (i.e. a blanket license, and music ‘Paid

with Attention’) serve as model for a new digital music license?

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 6: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

Monday, June 23, 2008

Page 7: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

The good news is:

We don’t need total control anymore.

We have more powerful options now:

Permission

Participation

Engagement

Sharing

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 8: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

Allowing legal access

Attention and Revenue Sharing

Getting Attention

Permission and AttentionPermission and Attention

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 9: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

Permission and AttentionPermission and Attention

Now:

Now:

Giving Permission

and Participating

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 10: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

“We let the consumer have too much of what they want, too soon, and we

hurt ourselves.... If they just want the single, they gotta get the album. That was how life was. Today we should at least have that option...”

Understandable... but

Maintaining control after release....?

Monday, June 23, 2008

Page 11: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com Control is now firmly with ‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 12: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

We need to turn this around ‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 13: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

and allow this: ‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 14: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

Because Sharing is only at the BEGINNING

Monday, June 23, 2008

Page 15: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

4.5 Billion next year.

Not on a per-song ‘copy’ licenseNot on a per-unit ‘copy’ license

Not in India, China, Russia, Brazil, Indonesia...

Not based on controlling and enforcing exclusive rights

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 16: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

That perfect Control we had is ‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 17: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 18: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

We need aWeb-Native, Connected

Usage-Rights Model

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 19: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

Everybody gets everybody pays*

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 20: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com ‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

I think we all agree on this:

http://www.repmanblog.com/photos/uncategorized/48750_a.jpg

Creators must be paid for their workMonday, June 23, 2008

Page 22: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com I propose this

http://www.repmanblog.com/photos/uncategorized/48750_a.jpg

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 23: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com Basically...

http://www.repmanblog.com/photos/uncategorized/48750_a.jpgUse

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 24: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

The needling and the damage done - how insistence on the old model hurts us

• Artists still don’t get paid (even though we keep on demanding it)

• Unlicensed, fig-leafed, evasive startups succeed, and legal ones falter!

• Investors ignore fully legal ventures, but fund disruption

• Users aka consumers learn that some illegal activities are perfectly ok

• Trust in the market place and legal system erodes

• 100s of new companies are basing their models on non-traditional

rights models, already

• Remember what happened with Radio: refusal

resulted in very low (or zero) payments

Monday, June 23, 2008

Page 25: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

‘Economic Egoism’‘Follow’me:

Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 26: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com But: could we refuse?Walled gardens are dying (NYT, AP, Mobile Portals, MSFT...)

Daily advances in technology dwarf all efforts of Control

The law says: Yes

The users say: No

The West says YES the East says NO

Monday, June 23, 2008

Page 27: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com The Digital Music Flat Rate is inevitable

+ =

+ =

~1910

~2009?

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 28: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com But... where is the new money...? ‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 29: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

There are major issues to be worked out, but:

The potential evils of an Open Network - of ‘Too

Much Freedom’ - will certainly pale beside those

of a Closed, Controlled and Authoritarian Network

Monday, June 23, 2008

Page 30: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com My plea

Let’s trade some of that precious

to unlock and discover new revenues.

‘Follow’me:Twitter:gleonhard+dailywisdomsFacebook:GerdLeonhard

Monday, June 23, 2008

Page 31: Copyright 2.0 and the Future of Music Gerd Leonhard Norway Think Tank June 2008

www.mediafuturist.com

Peter Jenner’s ‘war and peace’ cloud

Monday, June 23, 2008