There has been a couple of interesting
surveys and statistics over the last couple of days about the take up
of digital media.
On the one hand there is the survey
showing just how widespread and prevalent piracy within the music
industry is.
On the other are the most recent
figures released by the Publishers' Association showing digital sales
of books soaring.
This highlights a number of points.
First is the speed at which the two
industries have adopted digital technology.
The music industry has been dragged very into a very reluctant relationship with MP3s. When they first appeared, the industry didn't really pay much attention until they already had a strong-hold. Then, rather than embrace the technology, try to adopt it and find ways for it to work for the industry, they tried to stamp it out, instead releasing CDs that couldn't be ripped or that installed malicious code onto your computer. The problem is that innovation just doesn't go away, especially when it has a number of very appreciable conveniences over the old format.
Even when they did eventually adopt the digital format, they tried to do so in the most inconvenient manner for the consumer, adopting all sorts of digital rights managements and protects which made the digital unit equally as inaccessible as the physical formats. And they still tried to charge the same. Quite how it is justifiable to charge the same price for a digital album which doesn't have the same print, production, transportation, storage and retail costs is quite a mystery. Unfortunately the industry still didn't learn and took a very similar attitude of anti-engagement with streaming services. It can hardly be a surprise then that piracy has such a stronghold.
The music industry has been dragged very into a very reluctant relationship with MP3s. When they first appeared, the industry didn't really pay much attention until they already had a strong-hold. Then, rather than embrace the technology, try to adopt it and find ways for it to work for the industry, they tried to stamp it out, instead releasing CDs that couldn't be ripped or that installed malicious code onto your computer. The problem is that innovation just doesn't go away, especially when it has a number of very appreciable conveniences over the old format.
Even when they did eventually adopt the digital format, they tried to do so in the most inconvenient manner for the consumer, adopting all sorts of digital rights managements and protects which made the digital unit equally as inaccessible as the physical formats. And they still tried to charge the same. Quite how it is justifiable to charge the same price for a digital album which doesn't have the same print, production, transportation, storage and retail costs is quite a mystery. Unfortunately the industry still didn't learn and took a very similar attitude of anti-engagement with streaming services. It can hardly be a surprise then that piracy has such a stronghold.
On the flipside are books. Books have
readily embraced digital. The publishers have seen the development as
a way to maximise profits - reducing costs such as transport and
bookshop premiums; and decreasing the price to encourage customers to
consume more. They have made it as easy as possible to get books into
your hands. Not only do the digital formats, in the same way as
digital music, mean you can carry a much greater volume in a
significantly smaller and lighter medium; not only do they give you
the convenience of downloading where and when you want rather than
having to be in the vicinity of the shop; not only have they passed
on the cost savings achieved by such ease of distribution; but they
have also enhanced the secrecy of the reader, allowing you to read
things that otherwise you would have no intention of reading. And
they have made it as easy as possible too - you don't even need to
buy a bespoke reader, because you can download an app onto your
smartphone. And the figures show it: with books, piracy simply is not
an issue. And, rather than people simply moving from the physical to
the digital format, they are actually buying more.
Piracy with books hasn't had a look in,
mostly because the publishers sought out digital formats very early
on, well before piracy had tried to take a hold. They actively sought
out ways to make the technology work for them, tactics to actively
encourage the customer to adopt their technology. They made it easy - far easier than buying a book -
and that is why it worked.
Now, don't get me wrong - piracy is
theft. There is copyright in the music, in the lyrics, in the
performance and the production. And this is a valuable investment of
someone (in fact many people)'s time. If they make it available at a
cost, then to take it without paying that cost is illegal - it is
breach of copyright. No matter how much easier (or rather how much
more convenient) it is to obtain from an unauthorised source, or your
misguided 'moral' objection to “paying for students to pratt around
with a guitar”, it is illegal. I do a lot of work in copyright and
intellectual property, and believe me these days it is becoming far
more valuable an asset than a lot of the physical property within a
business.
However, one of the other differences
that certainly the piracy article highlighted was the difference in
the attitudes between the artists; and it very much questions the
motivation behind being an 'artist'.
Some artists speak out on piracy, very
actively calling pirates thieves. And it is true, both from the view
of intellectual property, and as a worker: these are people who make
their living from their music, they deserve to get paid for their
music. Art is as much a contribution to society as pure industrial
endeavours, and they are due just reward.
But a lot don't see it like that. Ed
Sheeran - whose album was highlighted in the first report - has sold 1.2
million albums. That's a lot of albums. But almost six times as many
albums have been shared illegally, downloaded with no financial
consideration coming back to him. And yet he is very sanguine about
it: “My gig tickets are like £18, and my albums £8, so ... it's
all relative”. Which is nice if you are selling gig tickets.
But that attracts a different
commerciality to the album - essentially acting as advertising for
the concert rather than the art in itself. If you're making money from
the gigs and the merchandise and therefore don't care about the album
or how widely pirated it is all is well and good. Once upon a time
the same used to be said of radio airplay, that it encouraged people
out to buy the track; nowadays the royalty cheque from PRS for the
airplay is sufficient to keep some long-gone bands in the mansions
they bought in their heydays.
But then is it art? Surely the moment
that the commerciality takes priority over the artistry, the
integrity of the artist is lost?
Take public art, for example. I don't
have to pay a fee to enjoy it. If the artist were true about the
artistic merit, surely they would just want people to enjoy it? Some
bands very much take that attitude: they deliberately release their
tracks free to obtain as broad an awareness as possible. Certainly
earlier on in your career (probably when you don't have the backing
of a corporate record label who need to make a return to pay their
staff, invest in risky bands, and provide a viable business
investment) this is a more frequently used channel.
But does that devalue the art or the freely accessible music? It almost certainly means that we consume more - because it is free - but does it mean that we dilute the good stuff? By exposing ourselves to so much information do we ignore the detail and just concentrate on the quick, immediate, overall impression, rejecting an analysed critique in favour of the next whatever? Or by exposing ourselves to so much do we stumble across things we would never have remotely considered before? I suspect this is a point for a much more involved moot.
But does that devalue the art or the freely accessible music? It almost certainly means that we consume more - because it is free - but does it mean that we dilute the good stuff? By exposing ourselves to so much information do we ignore the detail and just concentrate on the quick, immediate, overall impression, rejecting an analysed critique in favour of the next whatever? Or by exposing ourselves to so much do we stumble across things we would never have remotely considered before? I suspect this is a point for a much more involved moot.
My favourite way of consuming music is
to go and see the small, start-up bands doing gigs down the local pubs
- gigs which are normally free. I then end up buying all the albums they have released from them
at the gig. The same is true of comedy - I would rather go and see
the free gig and contribute what I thought was appropriate to a
bucket afterwards. I do believe I should contribute some financial
reward for the enjoyment that their music has brought to me; rather
than that reward be paid for by a council or a quango or some other
arts body as is the case with public sculptures and galleries. Not that I don't go to public galleries - on the contrary, I regularly go to the openings, which (ironically) usually includes free gigs from local bands.
So what else is there. Well, at the
moment the Zeitgeist is crowd-sourcing. You can't move for articles
where journalists believe they are the first people to be telling you
about it or naming the 'K' website. But again, is that sustainable?
How long before Kickstarter becomes overwhelmed by artists thinking
their the next big thing? How long before investors take just one too
many gamble that never amounts to anything? How long till people get
bored of the CurrentBigFad and move on to the NexterBiggerFaddier site? Remember Draw Something? No, I thought not.
Ultimately music, and books, have to be
treated as an art; and it is the manner in which the art interacts
with an individual and the individual back with the art that is the
crucial relationship. The internet has not killed off art galleries -
it has actually caused them to thrive as people want to see the work
in person, to involve other people in the conversation. And just as
you and your friends can discuss the qualities of the latest album
release on your social media site; there really is nothing like going
along, enjoying a gig with a pint and then babbling incessantly about
how amazing it was afterwards. Believe me - just look at the
explosion in the number of festivals there have been over the years.
Digital formats are to feed the need.
They are accessible for when the gig or installation isn't. They are
another revenue stream, whether directly or by 'advertising'; but
they are never - and have never been - the only way (or even the
major way) to make money from it.
And let's face it - if there was no
financial reward, the artistic industry would simply be
unsustainable, or filled with toffee-nosed kids who can afford to be
artists because daddy made a shed-load of money as the lead singer in
a rock band in the 70s.
2 comments:
I'm surprised that you, as a man of the law, have fallen into the trap of calling piracy theft. In order for a theft to occur, the person taking the item must have the intent of depriving the rightful owner of said item.
This can't be true in the digital world unless the pirate deleted the original copy. Don't get me wrong, I agree that it's illegal, but it's an intellectual property crime, not a physical property theft.
Phil, Nottingham
I accept that the technical legal definition from the Theft Act 1968 is the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.
My concern, though, is that usually - though I am not accusing in this situation - people use the intangible/tangible copyable/removable arguments to somehow diminish the offence. The usual argument is that "they weren't permanently deprived of IT, so it has done minimal damage" [emphasis added for effect].
Indeed, on both a harm and a benefit analysis the ultimate result is the same as a theft - one person has acquired the benefit of something to which they are not entitled, and the other has lost the benefit of compensation of some sort to which they would otherwise have been entitled.
In fact - as the current digital world progresses - intangible, intellectual assets are becoming far more valuable than physical assets. The harm, the benefit and therefore the offence are all actually greater than those of theft.
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