SOPA so not good
Friday, January 20, 2012 at 12:50PM As you can possibly imagine the topic of illegal downloading, file sharing and piracy has been a a low level hum in the background of the recording of the new series of Red Dwarf.
There is no doubt that ‘online piracy’ has had an impact on our income. There was a time about 10 years ago when our meagre slice of Red Dwarf VHS and DVD royalties was a clearly measurable part of our income. It has without doubt, diminished considerably. Sales of DVD’s have dropped, not just Red Dwarf ones, I’m talking DVD sales across the board.
Red Dwarf holds a peculiar place in the pantheon of sales of traditional broadcast TV shows, it stands shoulder to shoulder with Mr Bean and Blackadder as being one of the first TV shows that were released as VHS cassettes during their broadcast lifetime which sold by the truck load.
There is a long and complex history of how the performers in these shows, including the esteemed Mr Atkinson were, for a while at least, completely cut out of this considerable income but I’ll save that sorry tale for my upcoming autobiography, ‘Embroidery for Boys.’
I know about the reduction in DVD sales from both sides. I don’t buy them any more, I subscribe to Netflix and rent films on iTunes, it’s so much easier and there are no plastic boxes to find a home for.
I will, I have been assured, receive an income from legal downloads of Red Dwarf episodes but it’s far from clear how much that will be, I think it’s safe to say it will be less than we once got from DVD’s.
Therefore you might imagine that someone in my position would be all in favour of clamping down on online piracy, chasing those pesky pirates into the sea, closing down the loopholes and introducing legislation that makes illegal downloading and distributing of copyright material impossible.
Well, we’ve just seen what a mess that could make of this world we’ve all entered with such eagerness. The SOPA (Stop Online Piracy Act) which well funded big media companies are trying to bully through the American political system is supposed to do just that. Put an end to these pesky kids watching films and TV without paying for it.
You don’t have to be a nerd or geek to know it’s going to do two things, one is utterly fail to stop illegal downloading, and two, place massive restrictions on what is perfectly legal and above board. It’s going to negatively affect law-abiding citizens and (Lord I hate this term) ‘content providers’ and leave criminals completely unaffected and able to continue ‘stealing content.’
Basically, the old model is broken, not just a bit scratched and in need of a re-spray, the old model is already written off. It does not work. It’s swerved off the road, tumbled down a ravine and is lying upside down in the river.
The old media corporations cannot find a solution. Their existence is dependent on control, restricted access, release dates, locking code and severe warnings to their customers, us.
When I watch a DVD I’ve bought in a store, the first 5 minutes of the experience requires me watching a litany of warnings, all of them assuming I am a criminal and I need to be told again and again that what I could do with this film is illegal. Being a guilt-ridden-over-privileged-middle-class-middle-aged-white-man, I feel guilty. I haven’t done anything wrong but I feel guilty, for buying a product from a corporation, paying tax on that product and using it in the way it was intended.
Here’s my point, make the act of buying the ‘content’ simple, realistically priced, based on a fair return. Make it easy to find, not locked behind endless layers of ‘security’ needing endless repetitions of proof of identity. Make it as simple as buying an apple in a market, give the man some money, he gives you an apple. We do have the technology to do this, safely, securely and fairly to both parties.
It is up to the (forgive me) content providers, people like me, to find new and simpler ways to distribute our creative endeavours in a whole new market place that could not be conceived when I was young. This is not the end of music, film, books, TV, radio. In fact it is the opposite, it’s opened up the whole creative process.
I predict we will look back on the last 100 years as literally a previous species of highly restricted mass communication. We are currently going through the death throes of one model and seeing the birth of a new one. There will be plenty of mistakes along the way, I’m sure I’m going to make some, but slowly a new way will emerge. This will create new corporations who will become just as powerful and blinkered as the ones we see failing now. The cool thing to know as a humble individual is that somewhere out there, there’s a little spermy fella and a little egg lady, and when they meet they’ll create someone who will put the kybosh on Google, Apple, Netflix, Microsoft etcetera. They in turn will fight to the death to protect their corporate ‘rights. Hey ho.
Reader Comments (18)
Robert - maybe time to cut out the middleman? We need something like Unbound, but for TV shows and small-budget movies. Talented people such as your good self, and some of the great people you work with who do costumes, makeup, set design, lighting, filming, all the other technical stuff, actually clubbing together to make great "content" but then able to get their fair share of the spoils, rather than 95% going to the fat cats who have no creative input to the process.
I have smeg-ups, smeg-outs and series 6 on vhs cassette (and still rewatch them on the old VCR!) and a couple other series on dvd. I was planning on completing the collection by buying what I don't have on iTunes, but may change my mind now I've read this. Do I understand correctly that you will get fewer shekels if I buy on iTunes vs the hard copy dvd? Up until now I assumed the opposite, that eliminating packaging costs would leave more for royalties. It's all very confusing, being a consumer these days.
I also think it's about time that everybody (who cares) in performing arts/entertainment business start to put pressure on copyright lobbyists who "claim" to represent them that acts like SOPA and the various spin-offs are wrong.
These organisations are continually foaming at the mouth about destroying the pirates and coming up with all manner of stupidly ridiculous proposals that would do more harm than good. These same lobbyists claim to act and represent all artistry and I think that may be damaging the public perception of *everybody* that works in the film/TV/theatre/music/whatever business.
It's completely batshit insane in the US at the moment what with Chris Dodd and the MPAA.. madness.
Piracy is about availablity.
If the content creators wish to cut it back then they need to move away from business models that worked in the mid '80s and come up with services that reflect the technology available.
Look at films, currently you watch them at the cinema, then can rent them a few months later and finally many months later able to buy them. Now that made sense in the early 90's but now? If someone wants to see a film at the cinema they will, others won't and have to wait before they can rent it, if they want to buy it on DVD/BluRay they have to wait even longer still... Why not use the massive advertising campaign of a new film release to help sales? On the same day as its at the cinema what about offering a time limited SD/HD stream or download? What about allowing purchases of it on DVD/BluRay on the same day? Most people have a large screen HD TV, lots have surround sound systems attache to them, hell we have micro-cinemas in our own homes, why would you want to go sit in a dirty, noisy, over priced cinema?
The new series of Red Dwarf will be successful... but to try and curtail piracy on it make sure it is aired in as many countries as possible on the same day, ensure it is avialable to buy as quickly as possible online as stream, digital download and physical item.
Remember that every download doesn't equal a lost sale and that some of those downloads will result in sales.
As a "downloader" *boo hiss* I felt I should post.
let me start by saying that in September I will download the new series of Red Dwarf almost certianly "illegally" - I attended and number of the recordings and very much enjoyed the shows and the experience, I will watch all the shows as they air on Dave, and I will buy the DVDs when they are released (assuming a good USP, i.e Smeg Ups, Interviews, B-Camera etc.) because I am a Red Dwarf fan, so why download the shows? because there are inevitably changes between broadcast and DVD, slight tweaks here and there, a little bit of a tidy up and I like to have them as they were first presented. I don't try to make money from them and so I genuinely don't see what harm I am causing.
I also download current movies -
1.) why must I be forced to either go to a poorly air conditioned, faintly malodorous auditorium and try to watch the film, whilst trying to block out the coughing, snorting, rattlings, cracklings, phone-ringings, gigglings and general hub-bub of other people why havent we advanced from bechseats full of people scattering from the steam train coming at us? , OR
2.) why must I wait some 6 or so months to see the movie on iTunes/netflix/SkyBoxOffice/DVD/Blu-Ray etc. AND if it genuinely costs £30 or so to produce, manufacture, ship & promote a program/movie DVD why after a few months is it available in the £2.99 bin?
I dont begrudge paying for content - I happily pay my license fee without complaint - I think we have the best TV producers in the world in the UK (and Auntie is by far the best of the best of the best). I regularly buy box-set DVDs of UK & US TV as well as film. I want, nay, DEMAND, to be able to access the content in the format I want at a time (and within a timeframe) I want and at a FAIR price.
This is the 21st Century! we have amazing technology at our fingertips - it's time the creative industries embraced it fully and whole-heartedly.
DR
As someone who doesn't live either in the North American or European market, but did grow up in the NA one I would like to say that the biggest bug-bear I find with the current system is this idiotic regionalisation of content.
I hear about great documentaries or art-house movies through any one of the social media platforms I inhabit and then find out it isn't available for legal download or rental at the video store or even rental through my local online rental shops such as iTunes all because it is only available in either Region 1 or Region 2. I felt when there was HD DVD and Blue Ray that Toshiba had the right idea of no-regionalisation on the HD DVD system it is unfortunate they gave up, but I agree with what they said when they pulled out that the era of the physical media, whatever it may be, is coming to an end.
I would much prefer to have content available worldwide at the same time and have all content available without it being locked in to one country or region alone. I agree the system needs to be changed but whatever it changes to please remove regionalisation.
A well thought out post.
I completely agree with pretty much everything said above. A few other issues are that obviously, once you've both Dwarf or Mr Bean or Fawlty Towers on VHS/DVD, you're not going to buy it again which might also partly explain the drop in income from VHS then DVD sales.
Also, I did purchase Red Dwarf Series VI on iTunes and have to say, the conversion hasn't helped. I am now considering downloading a DVD rip off the internet because, for example, in Emohawk: Polymorph II, all the subtitles for the Gelfs are gone.
Also, in Gunmen of the Apocalypse, the sound goes muted towards the second half.
So now I'm possibly going to download it and get a better version to keep.
I think the paying and getting the legal downloads (even if they're not the best quality) is getting much easier, but does have a way to go yet. I just hope enough of that legal download cost goes to the right people...not into the pockets of Apple considering they have more money than the US Government in their bank!
Currently the pirates give you better customer service....
The show is available immediately, rather than having to wait 6 months, paying Murdoch 60 quid a month for 11,000 channels of shite for one show, or *hope* like hell there's a version on one of the legal streaming sites that works in your country and doesn't charge more than a DVD of it.
Even if it is available like that it's DRM'd to the eyeballs, so won't work on my Linux PC, won't work on my various media devices, needs to call home and then the company goes bust leaving me with junk.
Also there's no 15 minutes wait of unskippable adverts, dire warnings you thieving scum! etc. like on discs.
Let me pay a quid or so for Game of Thrones at the time it's shown in America (fair play they might get it a day earlier, they made it, and timezones come into play too) in a non-braindead fashion that *I can keep and play anywhere* and I'll happily do so.
For now, leechyleechy, and then I'll get the DVDs when they finally reach a sensible price.
Successful on-line enterprises such as 'Sanctuary' [when it started] and 'Dr Horrible's Sing-along-blog' have demonstrated that legally downloadable pay-per-view TV can work. Make the content reasonably accessible, at a modest or moderate cost and let people use a credit card and if possible Paypal for purchasing.
DVD sales can be boosted by offering exclusive content, video diaries, pictures, cast interviews, outtakes, storyboards, free CD of music used, etc, etc. Perhaps even a 'golden ticket' by which free merchandise or small props can be won, like in a raffle.
As far as films are concerned, there could be an option at the cinema of being put on an exclusive mailing list for the eventual DVD/Blue Ray, with incentives for signing up on the spot or within a limited time. I.E. reward your customers who shell out the ££/$$ to see the film on the big screen.
I agree that it is probably going to be worth considering a new type of business model for some forms of "content". One key element imo will be interacting with your audience, building a level of community and loyalty so that when it comes time to work on your next project you have people willing to help fund production. Building a community is something that old TV could learn more about from people that use youtube.
It is a shame there is no one out there really looking at this sort of stuff as I think it could open up a lot of doors. I am sure there are plenty of us out there with ideas but no way to move forward on them alone.
There is another point which people often miss — economics.
It doesn’t make a lot of sense to look at one part of the entertainment industry in isolation — people only have so much disposable income, after all; rather, look at the whole picture, and then put it into context of the economic climate which it lies within.
Music, for example, has ping-ponged over the years between live performance and recordings being the breadwinner, whilst gaming has been an industry which goes from strength to strength. All of this in the context of record levels of unemployment and spiralling personal debt.
In short, the money has to come from somewhere, and while it’s tempting to blame “the pirates” (itself an astoundingly simplistic perspective) for all of the entertainment industry’s woes, it misses the key facts that there’s quite a bit less of it, proportionally, than in years gone by, and that some parts of the landscape are doing better than ever before.
I see people — quite regularly — say that they are “feeling the effects of piracy”. The problem is, there is no possible way for them to know that’s what it is: sure, they’re feeling the effects of budgets being squeezed, but if they have some actual evidence indicating that illicit distribution of infringing material is actually the primary cause of those budgets being squeezed, then they’ve got something that no industry body or lobbyist or politician has been able to produce to date.
To put it another way: the recording industry and the TV industry and the film industry and the games industry can’t all be winners, especially when the consuming public are — by and large — themselves losing out.
And, to be clear, I don’t doubt for a second that illicit distribution has an actual negative impact (albeit one which is impossible to measure) — but the numbers just don’t stack up. I have real concerns that many industry players are pinning hopes on being able to put a stop to piracy as being their saving grace. What happens if they can’t stop it? What happens if they can, but they’re no better off as a result (or worse off, due to the costs of doing it)? Both of these scenarios, on the balance of available information, seem to be far more plausible than “we can stop piracy, and all our troubles are over!”.
To relay an old adage: “something must be done! this is something, therefore we must do it!”
Today we demand instant access to non DRM'd content, that will not go away. It is time for the distrubutors and producers to stop forcing everybody to go back to how it once was.
I download & watch almost everything these days. That doesn't mean I don't purchase DVD's, I have spent £10,000+ on them over the years (yes, that does include all the Red Dwarfs). But I admit, there has been a decline in my purchases over the last two years.
When I've watched a good Film or TV programme, and thought to myself, 'that was worth a few £'s and I must now pay-up', I will buy the DVD. I wil look online, find the DVD at the cheapest possible price, wait for delivery, unwrap and then put it on my shelf, never to be touched again. And that is just crazy!
What I need is a 'Donate' button on my media player that will appear after I have just finished watching the TV or Film. It is at that precise moment when I can make a judgement on how much I believe it was worth. If this was available, and considering the number of times I repeat watch Red Dwarf or other good TV shows, I would have spent a multitude more than the cost of the full priced DVDs.
I remember religiously recording the first 3 series' of RD from the TV and watched them again and again (which is a form of piracy). Then when the VHS's came out, I bought them all and watched them repeatedly also.
Sales of DVD's / Blue-ray's e.t.c. has peaked and online streaming will take over due to access requirements from various devices. Just like the music industry which still seems to be quite healthy.
Perhaps a larger impact on sales of TV and Film is the growth of the Video Gaming industry over the last 20 years?
I remember a Video and Computer Game (on Cassette may I add) were on a par at about £10. DVD's haven't increased in price that much, however, the average computer game is approx £35. It's my guess that you're more likely to find a collection of wii/xbox/playstation games than TV/Film equivalent.
Perhaps what we need is a RD computer game? or RD online?
I think the best response towards SOPA was made through TED. Basically in order for a site to distribute content, it has to prove that the content is not in breach of Copyright. Efectively those who produce content in their bedroom, shed or garage will find it hard to find distributors who can afford to perform these checks in a cost effective manner.
Whilst some Region two fans will have to wait years to see Red Dwarf legally those who are determined will still be able to,source the files should they want to watch in before or even after its initial broadcast. PIPA and SOPA tie the hands of content sites distributing independent material such as Car Pool by placing the burden of proof on to the owner of the site and even then there is no due process. So if Murdoch takes a dislike to Car Pool and other enterprises YouTube could still be delisted.
I agree with the first comment author, cut out the middle man. There is a bright future for self produced and self distributed TV, film, comedy etc online. Produce it yourself or as part of a team or business and sell it directly to the consumer online. Thats what the net does, it cuts out the middle man. Simples! (I suppose like it2i2 that you made)
I don't debate that there should be sensible laws regarding copyright infringement, but bigcontent is not interested in sensible laws, they are also not interested in doing the one thing that could save them from fast approaching irrelevance.
Had they got with the program in the mid nineties and started selling stuff online for reasonable prices they might have stood a chance, but it's too late for them really, new and upcoming artists now know that they can get their own website, burn their own CDs and sell their music or books or movies online and they don't have to get a deal with a big company, and this basic truth isn't going to get less true as times goes on.
Also if I were an artist I think it wouldn't take me long to figure out if I sign up with a big company and they sell my stuff for $30 a throw and give me less than a dollar per item I'll make some money, but if I get online and sell my stuff for $1 a throw, and I keep that whole dollar, so many more people will buy it that I'll be very quickly rich if I'm any good, as comedian Louis CK recently proved when he made $1 million dollars in 12 days selling his new comedy show for $5 a pop.
More and more as time goes on their lies are failing to work, and they've been lying to us for a very long time, going back even before writable CDs would kill the software industry, before recordable VHS video tapes would kill the movie industry, before recordable audio cassette tapes would kill the music industry, before phonographs would kill the weekly family sing-a-long they tried to tell us Player Pianos would mean people would no longer learn to play instruments themselves.
I'll freely admit that I am guilty of downloading content and not paying for it... but this is where I think this can be a good thing. I watch a fair bit of anime, and the big problem for me was that to get an English release of many things, I was having to wait sometimes upto 5 years for an English version, but once they do release it, I normally end up buying it (once it's no longer stupidly overpriced). The last season of Red Dwarf, I watched on youtube, only because Sky 'Freeview' doesn't do Dave, but once the dvd was out I went and got it, so in the long run, I still do end up paying for my stuff, just normally not when it's immedietly released and overpriced. Media outlets need to up their game, give more money to the people who make the stuff, less on wasted advertising and speed up releases in other parts of the world.
As a journalist, Internet publisher and film maker I am very aware about copyright. I have friends who are actors and musicians and who depend upon royalties from film, tv and marketing on CD, tape and disc etc for their income, which is spasmodic at best. They cannot rely on a regular salary, like Mr or Mrs 9 - 5 and often at the end of a three month shoot find themselves "between situations or unemployed to you and me!" For this reason I have never downloaded any material from the Internet, except through an official channel, where I hope the creative talent are going to receive part of what I have paid to see/hear their content. I have replaced most of my VHS collection with DVD and BluRay for watching at home on an HD TV, where unfortunately the VHS looks rather dire. When I am away sailing I also have a selection of film and music on my iPod as it is very handy to call up a film, track, or podcast, from a thing the size of a packet of cigarettes and watch listen with ease with incredible quality. Amazing. If I hear a group on TV and like their music I often buy one, or more tracks from iTunes, but seldom whole albums. Legal downloading gives me the opportunity to be selective in the material that I buy and no longer need to buy a CD when I might only like one or more of the tracks. I am sure Apple take a big cut, the record company etc, but a musician friend tells me that he is very pleased with his cheques from iTunes.
When making a video for release to DVD or a short for TV or whatever, often with a budget scraped together with a lot of hard graft, you have to remember that were it not for the writer having the idea in the first place and producing a really good script, which the director and the producer(s) and crew turn into a visual concept that portrays that script so it is both pleasing and enjoyable to the viewer, there would be nothing to watch. That process often involves very long hours and a huge commitment by all concerned, all to produce a work which might become a legend or a cult offering, or could just as easily bomb and disappear into the great void, perhaps never to be seen again. For those works that do make it, like the excellent Red Dwarf series, or Scrapheap Challenge, which I can watch over and over again without any problem at all and enjoy them every single time, I could not ever envisage myself downloading any of this material for free and in so doing robbing the crew of their royalties. It would feel like some toe rag snatching my granny's purse and running off, just because he could!
I now make my living from content on the Internet, but feel that this incredible space with all it has to offer is a two edged sword. On the one hand there is an amazing opportunity for ordinary folk to reach out to a potentially vast audience. An up and coming musician or film maker can now show his/her work to the world and if the world likes what they see, the sky's the limit. Then there are the people who see the Internet as a means to turn a fast buck and make a quick getaway. It is like life there are the genuine kind folk who want to help you and you know you can trust them and then there are the greys who would fleece you for your last cent. On the Internet, the only problem is you don't really know who is who and this has led to various administrations attempting to police the Internet, often with ineffective results. The latest attempt from Washington to protect copyright is an example of trying to cover all the bases, but in fact small producers like myself, could potentially be hard hit by a legislation that if implemented will have far reaching implications far beyond the shores of north america.
As a publisher of an Internet magazine, we try to be careful that any web sites that we link to have themselves taken the trouble to go through the very rigorous process to check copyright and intellectual property rights. Under this new legislation If we link to a site that had pirated links on its site, then according to the new draconian legislation being touted in Washington, we could inadvertently find ourselves legally liable for another's indiscretion and even open to prosecution for infringement of copyright. Somewhere we do not want to go. This to me seems very unfair at best and I do not welcome this sort of heavy handed legislation which as Robert says will only serve to hurt genuine people and succeed in making the criminals lives easier. It may help studio bosses to sleep at night, but whether or not the actors and crew will earn their rightful dues, is probably doubtful and the legislation if made law, could in fact end up hurting more, than it helps. I doubt it will have any effect whatsoever on illegal content, but that is just my opinion. Finally, for those of us who choose to base our homes and businesses in the rural economy, we cannot get fast Internet connections and make do with connection speeds that those who live in towns might consider are best relegated to the stone age. Whilst I can upload content far faster on broadband than I ever could on dial up, I cannot easily download a feature film which on a 1Mb connection could take a couple of days! Therefore I watch far more content on the TV, than I ever do on my computer and feel my license fee is worth every single penny and long may it continue!