Monday, August 15, 2005

Entertainment in Danger?

Grey

Looks like someone at Time Warner didn't get the memo that you're not supposed to bite the hand that feeds you. When we see populist tribes like EW making a clear nod at the Free Culture movement by picking the Grey Album as #1... that 2.3% year end gain may not look as bearable as it used to. First RIAA thought all was under control as the first quarter of '04 showed some 8% gain, the first real sign of life since their Napstercaust... ahhh, those lawsuits were working after all... and then it just slipped away.

We do have a few more tunes sold, some 120M, almost all iTunes, but no real rise here. The parents of all the labels saw their stocks go up a bit this year, but the whole market went up. The online stuff did not skim off traditional sales. I guess we still live in two fairly evenly divided worlds, the broadbanders and WhereWalmarters. It's broadband, not the free sites, that threaten CD sales and, I'm guessing there's a market of older people resistant to change and audiophiles that will prevent complete eradication of CD's for quite some time.

When will Napster be the musical Google? Will we ever get a musical Amazon? Once the legal nightmare ends you just know some Phoenix will arise.. who, where...WHEN? We still buy 5% of what Brits buy per capita, there is so much room for increased consumption, for all the players, until they sort out. The market is there, squelched only by endless, futile infighting. Who is going to get through to them that benevolence will be amply repaid if they poise themselves properly.

How many insults do these guys have to suffer before they change? DC and the courts will have to decide. There has to be an effort to simplify the law before individuals & small companies will venture into that morass. Public Domain - think about it... just a little one. I mean, really, to have to go back to the 40's for music to use? If not that, what is the solution? Shorten the term? Re-write it even more complexly? Require CC's to replace copyrights in some cases?

This is the year to mobilize. If things go the wrong way at the SC it will be a good opportunity for visibility and rallying not only the public but an increasing number of industries. Taking on the ISP's or telecom will up the ante. As for the public, it's crucial to get on point with a clear, positive & simple message that presents the upside in a compelling way. I think the concept of freeing some music for a public domain is fairly easy to get behind.

And, if things go the right way it will be a good opportunity to show DC which way the wind is blowing. Hopefully the Court would address not only the issue of responsiblity but public policy issues of balancing interests and economic stimulus. Overarching monopolistic protection dampens innovation, growth and free market competition.

BTW, the Grey Album's OK, mostly I like the simplicity of using only two albums, and the choice of the iconic White Album which was so much about revolution. Not only does it include the aforementioned song but the cover was white because the original cover photo of the Beatles naked was censored. I also love the merging of two very different sounds. It's a very visual way of conveying the mashup blend concept to the uninitiated, bringing publicity to this issue.

The idea that the album should be outlawed is outrageous if you listen to it... it's as fresh as it gets. It also gets across the concept that in this issue, it's all shades of grey. We all want that moral highground, aggressively so. But it's not black and white.

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