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AUTHORS RIGHTS IN THE DIGITAL AGE:
                             A Fair Deal for Journalists


                                  Presentation Antonis Plessas




Tuesday, December 14, 2010
AUTHORS RIGHTS IN THE DIGITAL AGE:
                                                 A Fair Deal for Journalists

                                    Gernam newspaper Die Zeit recorded the two best years in its history.


                                                                                                      sales up
                                                                                                        60%

                             “... our success is due to the fact that the newspaper is carefully considering the needs
                                  of its readers and completely ignores the views of «special advisors» for media.
                                                                                      Giovanni di Lorenzo (Die Zeit Editor-in-chief)




              “...The future of the printed press, because in his opinion it has a future, is a journalism of «orientation and depth».
                                  The Internet, he says, is just one of the causes of the crisis of the newspapers.
                                             There are others, such as lack of reliability and quality”.

                                                                                                     Giovanni di Lorenzo (Die Zeit Editor-in-chief)




                                     Άρθρο στην Καθημερινή 28/11/2010 με τίτλο: Οι εφημερίδες μπορούν να έχουν μέλλον



Tuesday, December 14, 2010
Record Industry: The chronicle of a Death Foretold




                                                                  The idea to force people to
                                                                  pay becomes very difficult in
                                             Record industry
                                                                  a networked society because
                                                                  people now have alternatives.




          You think you can stop a train? 




Tuesday, December 14, 2010
Business as usual?                  Not any more!

                                    Anybody that thinks we come out of this recession and get back
                                               to business as usual is deeply mistaken


                                                                                     Don Tapscott (writer - thinker)




                                                     Technology
                     Technology is
                    constantly and
                irreversibly changing
                    our culture and            Human Behavior
                habits, yet with very
                   different levels of
                  impact in different
                 regions around the                      Culture
                  globe, and at very
                    different speed.

                                                        Business

Tuesday, December 14, 2010
AUTHORS RIGHTS IN THE DIGITAL AGE:
                                     A Fair Deal for Journalists



                                           As a                      Authors’ Rights
                                       Music Creator        &           owner




                                I experienced over the last 10 years some drastic changes
                                                 in my line of business.


                                                           and


                                     the first thing I want to share with you is that...




                             It’s time to re-examine our assumptions and standards.




Tuesday, December 14, 2010
My experiences as a creator
                                                       Lifelong learning.




        That’s me today




                                   But can I manage everything on my own?

                             Of course we need someone to help us with all the different things
                               during the process but not in the way it was done in the past.




Tuesday, December 14, 2010
My experiences as a creator
                                         Working independently can be a viable option.




                                  prior to the digital revolution, the distribution
                             and sales of works by independent creators – producers
                                 were characterized by limited options, high cost
                                                and ineffectiveness




                                 With new models of enterprise emerging through
                               internet services and the public, as a potential sponsor,
                             claiming a dominant role in the shaping of the music field,
                              the independent production, for the first time in history,
                             has all the necessary tools to allow it to claim its place in
                                            the international music scene.




Tuesday, December 14, 2010
My experiences as a creator


                             Recent years revolution in technology and telecommunications provided me access to:



                                                             a worldwide audience




                                                               and great tools to:

                record and produce my music                                                      promote it and build an audience

                                                             distribute it and sell it




Tuesday, December 14, 2010
My experiences as a creator
                                 Competition at another level.




Tuesday, December 14, 2010
My experiences as a creator
                                 Competition at another level.




Tuesday, December 14, 2010
My experiences as a creator


                                         Attract interest



                                        Sustain attention



                                           Win trust



                             Where attention flows money follows




Tuesday, December 14, 2010
My experiences as a creator


                             In this highly competitive environment monetization of my investment
                               becomes more and more dependent from return on involvement.



                                                                 Return On Investment.




                                                                        Return
                                                                          On
                                                                      Involvement


                                                                reputation economy


                                            Return on Involvement becomes Return on Investment.
                                    In order to sell something you have to give something to get something.
                                          i.e. proactive involvement and interaction of the creator with his audience.




Tuesday, December 14, 2010
As a creator and owner of Authors’ Rights



                                           I believe in and support
                                   the vital role the necessity of existence
                                        of Authors’ Rights Societies!



                                                              for their


                      Transparency: distribution according to rules and auditing procedures which are open to all,
                                      Equality and non discriminatory treatment for all members,
                                                        Certainty of repertoire,
                                                Protection of Authors’ Rights / copyright,
                                                           Cultural diversity.




Tuesday, December 14, 2010
The Hellenic Society for the Protection of Intellectual Property (AEPI).


                               (AEPI), functions as a Collective Management Organization
                                on the basis of the regulations of Greek Law 2121/1993.



                             AEPI represents more than 11,000 Greeks as well as 2,200,000
                                       foreign intellectual property owners who
                                  entrusted her with their works and its management.


                                    AEPI has concluded reciprocal agreements with
                                         125 like companies in 181 territories.




Tuesday, December 14, 2010
The Hellenic Society for the Protection of Intellectual Property (AEPI).


                                                    Cultural Creation on the internet
                                                          Challenge or Threat ?

               In Fall 2009 taking as a starting a proposal by IFPI/Grammo AEPI Organized and coordinated for the first time
                    the gathering of 14 undersigned Organizations, which represent the totality of intellectual individuals
                    of the country, plus the rights of hundreds of thousands foreign rights holders represented in Greece.




                         Their initiative was a common attempt to brief, converge and communicate their positions, present
                       their propositions to the public and the State, the latter being called upon, through its officers, to take
                                position for the protection of intellectual / neighboring / human rights on the internet.




Tuesday, December 14, 2010
The Hellenic Society for the Protection of Intellectual Property (AEPI).


                                                         In search of a solution.



               Following the initiative a series of meetings were organized between several Greek internet service providers
                                              and 15 categories of right-owners to seek a solution.




                             Service providers asked for a blanket license to be compensated with for a monthly fee per user.
                             These discussions brought no results, due to the lack of co-operation between the right-owners.




Tuesday, December 14, 2010
My experience as a creator and owner of Authors’ Rights


                               “A free customer is more valuable than a captive one”. Doc Searls



                               We must re-think permissions and standards, strike new balances
                                 for a connected world and monetize usage and engagement.




Tuesday, December 14, 2010
My experience as a creator and owner of Authors’ Rights



                                 To stay relevant we need to see -and experience-
                                   the world in the same way as your customers.


                              Attempts at increasing control while the world keeps getting
                                        more connected will fail spectacularly!




Tuesday, December 14, 2010
My experience as a creator and owner of Authors’ Rights




                                     LICENCING?
                                                     What we need is
                                  a collective, compulsory blanket licence
                                         for music & media in the internet.



                                                      Bottom line:
                              the problem is not what consumers are doing - the problem is
                                that the music industry has not blessed it with a license yet!




Tuesday, December 14, 2010
My experience as a creator and owner of Authors’ Rights



                                 Neelie Kroes Commissioner for Digital Agenda recently reported:

                               “It is a common assumption that the existing legal framework should be changed as soon as
                             possible because it doesn’t serve well any party - nor the artists neither the companies or users”.




                                                                        Paradigm
                                                                      shift required

                                                the digital music (r)evolution clearly poses a myriad of
                                                business and socio-cultural problems that require us to
                                                devise a new social contract that legalizes what people
                                                actually do, and then build new business models around it.



                                                                                     Gerd Leonhand (media futurist)




Tuesday, December 14, 2010
My experience as a creator and owner of Authors’ Rights



                             Here are from our experience some of the reasons that resolution
                                  through licensing has not reached the desired solution:




                   In the European Commission there are several Directorates-General with contradictory points of view.

                  The basic aim of the Commission regarding competition among Collective Management Organizations
                favors the Societies that represent international repertories such as Anglo-Saxon-American and operates
                against national small repertories, such as Greek, Portuguese, etc.

                  The "Commission Recommendation of 2005 on Collective Cross-Border Management of Copyright and
                Related Rights for legitimate online music services", encouraged the major Music Publishers (EMI, SONY,
                WARNER, UNIVERSAL, BMG) to withdraw their repertories from CMOs as regards online licensing.
                This resulted in the authorization process for users to worsen and there in many cases the users don’t know
                to whom they should address themselves for licensing.




Tuesday, December 14, 2010
My experience as a creator and owner of Authors’ Rights


                             Here are from our experience some of the reasons that resolution
                                  through licensing has not reached the desired solution:



                   Radio and Television Organizations.
                 Private Radio and TV Broadcasters on the one hand, featuring the German RTL, are in favor of negotiations
                with each creator or rights-owner separately and not through CMOs.
                Public Radio and TV Broadcasters on the other hand, featuring EBU (European Broadcasters Union), are in
                favor of the maintenance of the present system of collective management.

                  BUY – OUT practices:
                R/TV Organizations, the producers of audiovisual works, the record companies, press creators for a complete
                buy-out of their rights, leading them to their absolute isolation.

                   Behavior of companies providing services through the internet.
                Due to the chaotic situation created based on the facts I described several companies went ahead and
                launched their operation without the necessary licenses and royalty payments for the use of music.




Tuesday, December 14, 2010
My experience as a creator and owner of Authors’ Rights



                                                            Today's situation.




                   There are complex problems concerning the licensing of providers of music services on-line, due to
                interventions and pressures by the European Commission on the following issues:
                a) Which CMO(s) will be entitled to license the provider
                b) For which repertories
                c) For which territory

                  There is a general belief the European Commission either does not wish or is not able to effectively solve
                the issue, under the lobbying of serious stakeholders.

                  In France, the Law HADOPI (of threes strikes) was activated with difficulties in summer of 2010. Its
                financial cost is immense and therefore, its future uncertain.




Tuesday, December 14, 2010
But wait!

                         I also consider myself an empowered user (formerly known as consumer)


                                      and I want to share with you the following:


                             People pay when the see real value, when the price is right
                                         and when the process it’s easy




                                                      $40 for 12 weeks will offer:
                                  •   A minimum of 5 updates from the studio per week.
                                  •   Updates would be posted in a less-than-24-hour consistency.
                                  •   Each update would be a minimum of 5 minutes in length.
                                  •   There is a possibility of live streaming video content in addition to
                                      what has been presented above.
                                  •   The updates will ultimately be part of a substantial "art film."




Tuesday, December 14, 2010
My needs as a empowered media buyer - user.



                                                   BUT




                                           I want you to provide
                                              me access from:




                                          Anywhere

                                          Anytime (24/7/365)

                                          Any device


Tuesday, December 14, 2010
My needs as a empowered media buyer - user.




                                                 to personalized services


                                                   personalized offers,

                                                   real meaning,

                                                   solid relevance,

                                                   timeliness,

                                                   transparency

                                                   and truthfulness.


Tuesday, December 14, 2010
with many different products for all kinds of needs.




                                                                    2009




                                   2007


                                 Number of products per album release 100 +
                                  Justin Timberlake “Future Sex/Love Sounds”
                                        Only 20% of 19 million sales were CD..

        2003

                   Number of products per album release with the CD being the dominant format ≤10




Tuesday, December 14, 2010
My needs as a empowered media buyer - user.

                                for which I’ll also remunerate you with my attention by



               forwarding a link,
               rating a site,
               commenting on a blog,
               twittering,
               sharing bookmarks,
               allowing cookies on my computer,
               sharing my location,
               liking something on Facebook
               and many more things that
               creates meta-content,
               i.e. content around content.




Tuesday, December 14, 2010
My needs as a empowered media buyer - user.




              ...so before you blame me as being responsible (user, customer, participant, consumer)



Tuesday, December 14, 2010
My needs as a empowered media buyer - user.




                                    for your businesses decline...



Tuesday, December 14, 2010
My needs as a empowered media buyer - user.




     Start with a great story,                                                              sift through its data,



          slice and dice it,                                                                    move it around,



          make it useful,                                                                clear its legal and fair use,



                                  present it in all kind of useful formats and prices,

                                 and you have my attention, payment and devotion.


Tuesday, December 14, 2010
My thoughts as a empowered media buyer - user.


                                                                In other
                                                                 words

                        Drastic user empowerment means businesses must collaborate... or perish.


                                                                           Networked individuals
                       Large companies & brands


                                                                                                     Now


                                                             Networked individuals



                                  Large companies & brands                                         Used to be



Tuesday, December 14, 2010
Epilogue
                                    “Tomorrow never knows”             The Beatles




                                        Understandably everyone is wondering:
                                       What will work in place of the old model?



                                       Is there a general model that will replace
                                            what it dissolves before our eyes?




                             Any experiment designed to provide new models of interaction
                                 and creativity will be an improvement compared with
                                   denial of reality, especially at a time when for most
                                          the unthinkable future is already past.




Tuesday, December 14, 2010
AUTHORS RIGHTS IN THE DIGITAL AGE.
                               A Fair Deal for Journalists



                                     Thank you for your time



                                    Blog: www.plessasmusic.com

                             email: aplessas@otenet.gr - aplessas@aepi.gr




Tuesday, December 14, 2010
AUTHORS RIGHTS IN THE DIGITAL AGE.
                                                    A Fair Deal for Journalists



                                                             Photo Credits

                                                              newspaper photo

                                                          national geographic photo

                                                               wired magazine

                             Graphics on slides 6,9 & 32 used under permission from Media Futurist Gerd Leonhard.




Tuesday, December 14, 2010

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Antonis plessas slide_show_presentation_ for_author_rights_in_the_digital_age_seminar

  • 1. AUTHORS RIGHTS IN THE DIGITAL AGE: A Fair Deal for Journalists Presentation Antonis Plessas Tuesday, December 14, 2010
  • 2. AUTHORS RIGHTS IN THE DIGITAL AGE: A Fair Deal for Journalists Gernam newspaper Die Zeit recorded the two best years in its history. sales up 60% “... our success is due to the fact that the newspaper is carefully considering the needs of its readers and completely ignores the views of «special advisors» for media. Giovanni di Lorenzo (Die Zeit Editor-in-chief) “...The future of the printed press, because in his opinion it has a future, is a journalism of «orientation and depth». The Internet, he says, is just one of the causes of the crisis of the newspapers. There are others, such as lack of reliability and quality”. Giovanni di Lorenzo (Die Zeit Editor-in-chief) Άρθρο στην Καθημερινή 28/11/2010 με τίτλο: Οι εφημερίδες μπορούν να έχουν μέλλον Tuesday, December 14, 2010
  • 3. Record Industry: The chronicle of a Death Foretold The idea to force people to pay becomes very difficult in Record industry a networked society because people now have alternatives. You think you can stop a train?  Tuesday, December 14, 2010
  • 4. Business as usual? Not any more! Anybody that thinks we come out of this recession and get back to business as usual is deeply mistaken Don Tapscott (writer - thinker) Technology Technology is constantly and irreversibly changing our culture and Human Behavior habits, yet with very different levels of impact in different regions around the Culture globe, and at very different speed. Business Tuesday, December 14, 2010
  • 5. AUTHORS RIGHTS IN THE DIGITAL AGE: A Fair Deal for Journalists As a Authors’ Rights Music Creator & owner I experienced over the last 10 years some drastic changes in my line of business. and the first thing I want to share with you is that... It’s time to re-examine our assumptions and standards. Tuesday, December 14, 2010
  • 6. My experiences as a creator Lifelong learning. That’s me today But can I manage everything on my own? Of course we need someone to help us with all the different things during the process but not in the way it was done in the past. Tuesday, December 14, 2010
  • 7. My experiences as a creator Working independently can be a viable option. prior to the digital revolution, the distribution and sales of works by independent creators – producers were characterized by limited options, high cost and ineffectiveness With new models of enterprise emerging through internet services and the public, as a potential sponsor, claiming a dominant role in the shaping of the music field, the independent production, for the first time in history, has all the necessary tools to allow it to claim its place in the international music scene. Tuesday, December 14, 2010
  • 8. My experiences as a creator Recent years revolution in technology and telecommunications provided me access to: a worldwide audience and great tools to: record and produce my music promote it and build an audience distribute it and sell it Tuesday, December 14, 2010
  • 9. My experiences as a creator Competition at another level. Tuesday, December 14, 2010
  • 10. My experiences as a creator Competition at another level. Tuesday, December 14, 2010
  • 11. My experiences as a creator Attract interest Sustain attention Win trust Where attention flows money follows Tuesday, December 14, 2010
  • 12. My experiences as a creator In this highly competitive environment monetization of my investment becomes more and more dependent from return on involvement. Return On Investment. Return On Involvement reputation economy Return on Involvement becomes Return on Investment. In order to sell something you have to give something to get something. i.e. proactive involvement and interaction of the creator with his audience. Tuesday, December 14, 2010
  • 13. As a creator and owner of Authors’ Rights I believe in and support the vital role the necessity of existence of Authors’ Rights Societies! for their Transparency: distribution according to rules and auditing procedures which are open to all, Equality and non discriminatory treatment for all members, Certainty of repertoire, Protection of Authors’ Rights / copyright, Cultural diversity. Tuesday, December 14, 2010
  • 14. The Hellenic Society for the Protection of Intellectual Property (AEPI). (AEPI), functions as a Collective Management Organization on the basis of the regulations of Greek Law 2121/1993. AEPI represents more than 11,000 Greeks as well as 2,200,000 foreign intellectual property owners who entrusted her with their works and its management. AEPI has concluded reciprocal agreements with 125 like companies in 181 territories. Tuesday, December 14, 2010
  • 15. The Hellenic Society for the Protection of Intellectual Property (AEPI). Cultural Creation on the internet Challenge or Threat ? In Fall 2009 taking as a starting a proposal by IFPI/Grammo AEPI Organized and coordinated for the first time the gathering of 14 undersigned Organizations, which represent the totality of intellectual individuals of the country, plus the rights of hundreds of thousands foreign rights holders represented in Greece. Their initiative was a common attempt to brief, converge and communicate their positions, present their propositions to the public and the State, the latter being called upon, through its officers, to take position for the protection of intellectual / neighboring / human rights on the internet. Tuesday, December 14, 2010
  • 16. The Hellenic Society for the Protection of Intellectual Property (AEPI). In search of a solution. Following the initiative a series of meetings were organized between several Greek internet service providers and 15 categories of right-owners to seek a solution. Service providers asked for a blanket license to be compensated with for a monthly fee per user. These discussions brought no results, due to the lack of co-operation between the right-owners. Tuesday, December 14, 2010
  • 17. My experience as a creator and owner of Authors’ Rights “A free customer is more valuable than a captive one”. Doc Searls We must re-think permissions and standards, strike new balances for a connected world and monetize usage and engagement. Tuesday, December 14, 2010
  • 18. My experience as a creator and owner of Authors’ Rights To stay relevant we need to see -and experience- the world in the same way as your customers. Attempts at increasing control while the world keeps getting more connected will fail spectacularly! Tuesday, December 14, 2010
  • 19. My experience as a creator and owner of Authors’ Rights LICENCING? What we need is a collective, compulsory blanket licence for music & media in the internet. Bottom line: the problem is not what consumers are doing - the problem is that the music industry has not blessed it with a license yet! Tuesday, December 14, 2010
  • 20. My experience as a creator and owner of Authors’ Rights Neelie Kroes Commissioner for Digital Agenda recently reported: “It is a common assumption that the existing legal framework should be changed as soon as possible because it doesn’t serve well any party - nor the artists neither the companies or users”. Paradigm shift required the digital music (r)evolution clearly poses a myriad of business and socio-cultural problems that require us to devise a new social contract that legalizes what people actually do, and then build new business models around it. Gerd Leonhand (media futurist) Tuesday, December 14, 2010
  • 21. My experience as a creator and owner of Authors’ Rights Here are from our experience some of the reasons that resolution through licensing has not reached the desired solution: In the European Commission there are several Directorates-General with contradictory points of view. The basic aim of the Commission regarding competition among Collective Management Organizations favors the Societies that represent international repertories such as Anglo-Saxon-American and operates against national small repertories, such as Greek, Portuguese, etc. The "Commission Recommendation of 2005 on Collective Cross-Border Management of Copyright and Related Rights for legitimate online music services", encouraged the major Music Publishers (EMI, SONY, WARNER, UNIVERSAL, BMG) to withdraw their repertories from CMOs as regards online licensing. This resulted in the authorization process for users to worsen and there in many cases the users don’t know to whom they should address themselves for licensing. Tuesday, December 14, 2010
  • 22. My experience as a creator and owner of Authors’ Rights Here are from our experience some of the reasons that resolution through licensing has not reached the desired solution: Radio and Television Organizations. Private Radio and TV Broadcasters on the one hand, featuring the German RTL, are in favor of negotiations with each creator or rights-owner separately and not through CMOs. Public Radio and TV Broadcasters on the other hand, featuring EBU (European Broadcasters Union), are in favor of the maintenance of the present system of collective management. BUY – OUT practices: R/TV Organizations, the producers of audiovisual works, the record companies, press creators for a complete buy-out of their rights, leading them to their absolute isolation. Behavior of companies providing services through the internet. Due to the chaotic situation created based on the facts I described several companies went ahead and launched their operation without the necessary licenses and royalty payments for the use of music. Tuesday, December 14, 2010
  • 23. My experience as a creator and owner of Authors’ Rights Today's situation. There are complex problems concerning the licensing of providers of music services on-line, due to interventions and pressures by the European Commission on the following issues: a) Which CMO(s) will be entitled to license the provider b) For which repertories c) For which territory There is a general belief the European Commission either does not wish or is not able to effectively solve the issue, under the lobbying of serious stakeholders. In France, the Law HADOPI (of threes strikes) was activated with difficulties in summer of 2010. Its financial cost is immense and therefore, its future uncertain. Tuesday, December 14, 2010
  • 24. But wait! I also consider myself an empowered user (formerly known as consumer) and I want to share with you the following: People pay when the see real value, when the price is right and when the process it’s easy $40 for 12 weeks will offer: • A minimum of 5 updates from the studio per week. • Updates would be posted in a less-than-24-hour consistency. • Each update would be a minimum of 5 minutes in length. • There is a possibility of live streaming video content in addition to what has been presented above. • The updates will ultimately be part of a substantial "art film." Tuesday, December 14, 2010
  • 25. My needs as a empowered media buyer - user. BUT I want you to provide me access from: Anywhere Anytime (24/7/365) Any device Tuesday, December 14, 2010
  • 26. My needs as a empowered media buyer - user. to personalized services personalized offers, real meaning, solid relevance, timeliness, transparency and truthfulness. Tuesday, December 14, 2010
  • 27. with many different products for all kinds of needs. 2009 2007 Number of products per album release 100 + Justin Timberlake “Future Sex/Love Sounds” Only 20% of 19 million sales were CD.. 2003 Number of products per album release with the CD being the dominant format ≤10 Tuesday, December 14, 2010
  • 28. My needs as a empowered media buyer - user. for which I’ll also remunerate you with my attention by forwarding a link, rating a site, commenting on a blog, twittering, sharing bookmarks, allowing cookies on my computer, sharing my location, liking something on Facebook and many more things that creates meta-content, i.e. content around content. Tuesday, December 14, 2010
  • 29. My needs as a empowered media buyer - user. ...so before you blame me as being responsible (user, customer, participant, consumer) Tuesday, December 14, 2010
  • 30. My needs as a empowered media buyer - user. for your businesses decline... Tuesday, December 14, 2010
  • 31. My needs as a empowered media buyer - user. Start with a great story, sift through its data, slice and dice it, move it around, make it useful, clear its legal and fair use, present it in all kind of useful formats and prices, and you have my attention, payment and devotion. Tuesday, December 14, 2010
  • 32. My thoughts as a empowered media buyer - user. In other words Drastic user empowerment means businesses must collaborate... or perish. Networked individuals Large companies & brands Now Networked individuals Large companies & brands Used to be Tuesday, December 14, 2010
  • 33. Epilogue “Tomorrow never knows” The Beatles Understandably everyone is wondering: What will work in place of the old model? Is there a general model that will replace what it dissolves before our eyes? Any experiment designed to provide new models of interaction and creativity will be an improvement compared with denial of reality, especially at a time when for most the unthinkable future is already past. Tuesday, December 14, 2010
  • 34. AUTHORS RIGHTS IN THE DIGITAL AGE. A Fair Deal for Journalists Thank you for your time Blog: www.plessasmusic.com email: aplessas@otenet.gr - aplessas@aepi.gr Tuesday, December 14, 2010
  • 35. AUTHORS RIGHTS IN THE DIGITAL AGE. A Fair Deal for Journalists Photo Credits newspaper photo national geographic photo wired magazine Graphics on slides 6,9 & 32 used under permission from Media Futurist Gerd Leonhard. Tuesday, December 14, 2010