Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

Hinting at a copyright regime that cuts out the middle man

By | November 11, 2010, 6:23am PST

Summary: The Internet does squeeze out layers. But they’re less middlemen than middle managers.

Neelie Kroes (right), now European Commissioner for the Digital Agenda, wants a new copyright regime that cuts out the middle man.

The message of this medium, she says, is that when copyright middlemen and content gatekeepers get too irksome consumers go around them, taking “illegal” content. Art is consumed anywhere and artists can become famous (or infamous) by dealing with their audience directly.

Would that it were.

When this medium was new I really believed that. I was anxious to cut out the middle men that stood between my trade and the market.

But I learned something. Marketing is hard work. Administration is hard work. Strategy is hard work. Management is hard work. Running a set of servers is hard work. I would much rather be writing than doing any of that.

Artists feel the same. Musicians would rather play, writers would rather write, and painters would much rather paint than deal with all the hassles necessary in finding them a market, running that market, even handling the money.

Money isn’t why we do this. We do it because we want to be heard.

Yes, the Internet lets us be heard without the middle man, but we also like to eat. In my case, at regular intervals. A warm bed is nice too. And, as I get older, I have increasing affection for my doctor, whose art also must be paid for.

So there is a place for middle men in the digital world. All the managers, editors, technical people, and salesmen at ZDNet have my complete and utter admiration. They work hard at things I would hate doing, and many things I can’t do.

The Internet does squeeze out layers. But they’re less middlemen than middle managers. My editors won’t see this copy until after I hit publish — errors are all mine to correct. Almost everyone here has some line responsibility — an Internet publisher has less overhead than a print publisher.

Back when I started in this business, when every line I wrote was killing a tree somewhere, I was taught that a paper’s entire editorial budget represented just 7% of the newspaper’s cost. I don’t know what the figure is here. I’m guessing it’s higher only because the total pie is smaller.

So there is some renegotiation to be done, both inside the content industries and with their markets. Just let’s not get carried away. Consumers are saving big on Internet content, and production costs are also lower. The pie tastes great but it’s only so big.

It would be nice if musicians didn’t have to make a devil’s bargain and give away their copyrights, and it would be nice if the owners of those copyrights were not constantly squeezing the market, long after the musician’s death, for every last dollar.

But don’t say we can cut out all middle men. I need those editors and technical people, those managers and salesmen, the business infrastructure that lets me write and keeps me out of debtor’s prison. I consider it well worth paying for.

Just so we remember this. The purpose of Internet infrastructure is to help buyers spend the sellers collect. The waste will continue to be squeezed out as markets evolve.

All I ask is that we let that evolution continue.

Kick off your day with ZDNet's daily e-mail newsletter. It's the freshest tech news and opinion, served hot. Get it.

Topics

Dana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983.

Disclosure

Dana Blankenhorn

Dana Blankenhorn has been a journalist, writer and part-time futurist for over 30 years.

At the present moment I run only a personal blog in addition to my ZDNet open source blog.

DanaBlankenhorn.Com has the subtitle The War Against Oil. In the past I have used it to write about political history, e-commerce, personal matters, some ideas related to open source, and The World of Always On, which is the idea of using sensors, motes and RFID to turn WiFi links into platforms for applications which live in the air.

My IRA account at Schwab holds a few tech shares, most notably some Intel and Applied Materials, but there are no open source companies in it. I don’t even own any CBS stock.

Biography

Dana Blankenhorn

Dana Blankenhorn has been a business journalist for nearly 25 years and has covered the online world professionally since 1985. He founded the Interactive Age Daily for CMP Media, and has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement, and dozens of other publications over the years.

9
Comments

Join the conversation!

Just In

RE: Hinting at a copyright regime that cuts out the middle man
iceberg34 9th Sep
Each Tuesday from 1800GMT BBC Radio Manchester provides you with all your Manchester City needs as presenter Ian Cheeseman and former Manchester City player Paul Lake take listeners through the ups jigolo medyum web tasarim duvar kagidi and downs of being a blue in Blue Tuesday.Ian has always been an obsessive Blue, with over 1,300 first team games under his belt mostly as a fan, but for the last decade as the City commentator/reporter for the station - a labour of ofis mobilyalari buro mobilyalari Hava Perdeleri Hava Perdesi Fiyatlari Hava Perdesi Hava Perdesi Fiyatlari Hava Perdesi Hava Perdeleri sosyal medya bez canta love which he describes as "the best job in the world".Paul is described by many City fans as not only a legend, but one of the greatest players to play for the club and who potentially
ingilterede dil egitimi ingilterede ingilizce ingilterede dil okullari Londra dil okullari ingilterede sertifika programlari could have captained England on many occasions, but for the terrible knee injury that prematurely ended his career.Ian and Paul are joined each week by two different City fans to chew over the week's news, whilst Nathan Middleton provides fans with an insight into the weeks alternative City news, gossip and rumours. ingilterede master ingilterede yuksek lisans ingilterede egitim ingilterede universite ingilterede mba ingilterede sertifika programlariThey have also had star guests including Danny Tiatto live from Australia, Uwe Rosler talking about life in East Germany and Niall Quinn discussing his famous disco pants.
0 Votes
+ -
Rights, managers and middlemen
Economister Updated - 11th Nov 2010
I have to take issue a bit with you here Dana, although you are certainly aware of the issues, as you mention them. Mangers manage, for a fee, fixed or percentage. Musicians need that. As you say, they would rather play/perform. I do not think Steelie Neelie has a problem with that. Competition would ensure an efficient system.

The problem is the historical situation where the middlemen forced the original rights holders to give up their rights in order to promote the creators' work. The middlemen then bribed government into extending their rights essentially indefinitely, as far as I know without giving the creators another dime. The middlemen are not providing a useful and value added service any longer, commensurate with their take. They were extorting the valuable rights from the creators and then they use(d) cartel-like behavior to extort from the consumers.

In the digital world, the cost of promotion/distribution has dropped dramatically, but the middlemen are still trying to charge old world prices. This damages the economy, bacause is leaves the consumers fewer $$ to spend on other things.

I think a sale of copy rights should be restricted to say 10 years, after which it automatically reverts to the creator, who may resell it. After say the creator dies plus 20 years, the works enter the public domain.

I do not know all the details, but from what I have read so far, I am fully behind Neelie on this. The middlemen need to be cut down to size. The managers can continue to do their work.
@Economister I don't think we disagree, I'm afraid. Sorry. You're right.
0 Votes
+ -
I've never understood.
terry flores Updated - 11th Nov 2010
I understand that artists would rather write, paint, or perform than do administrative tasks. But reality in the marketplace says you do what is required of you to make a buck. I'm sure your average factory worker or janitor would much rather be doing something else, but that's life and people must make trade-offs all the time.

Whether you are an artist or an heiress, not being able to manage your money means that someone else will end up taking most of it from you. I've never understood why creative people think this rule doesn't apply to them.
@terry flores As Economister notes, much of the problem lies before the money is made. Especially in the case of music, you hand over the copyright before you get a shot at the cash. And then those who obtain the copyright figure they control the result of your work for 100 years -- where's the incentive for the creation of more stuff in that?

Sad story in the New Yorker profile of Keith Richards. The band went to a famous studio to record something, at the height of their fame. The janitor at the place turned out to be Muddy Waters. Richards said his goal was to become Muddy Waters. Maybe the writer should have offered him a mop.
There's a good post on this topic from Nina Paley, an artist who releases her works under open licenses AND engages with plenty of middlemen:

http://blog.ninapaley.com/2009/12/07/i-2/

Takeaway line: "the problem isn?t middlemen, it?s monopolies". I couldn't agree more. There's no reason why copyright reform would mean getting rid of middlemen. It might, however, mean getting rid of unproductive middlemen who add no value for the audience or the artist.
@kfogel You are right. Sometimes monopolies start as mere associations, like an industry group. Sometimes they grow organically, as when one guy buys out everyone else.

But the key to dealing with this is acknowledging the limits of a copyright term. This idea that copyright has to be forever in order to keep someone from considering Mickey Mouse public domain is stupid. Trademark law should be adequate to the purpose.
0 Votes
+ -
I think you mean...
ClearCreek 12th Nov 2010
"help buyers spend the money sellers collect" not "help buyers spend the sellers collect" (2nd to last paragraph).

Does this make me your editor? Thoughtful article, BTW.

wink
0 Votes
+ -
Reduce The Length Of Copyrights
sismoc 23rd Feb 2011
Reducing the length of copyrights to a period of between 7 and 15 years would go a long way towards resolving the "middleman" dilemma. Without a perpetual license to print money the "middlemnn" would be on much more even grounds with the creative artists. One-sided contracts might become less common.
Each Tuesday from 1800GMT BBC Radio Manchester provides you with all your Manchester City needs as presenter Ian Cheeseman and former Manchester City player Paul Lake take listeners through the ups jigolo medyum web tasarim duvar kagidi and downs of being a blue in Blue Tuesday.Ian has always been an obsessive Blue, with over 1,300 first team games under his belt mostly as a fan, but for the last decade as the City commentator/reporter for the station - a labour of ofis mobilyalari buro mobilyalari Hava Perdeleri Hava Perdesi Fiyatlari Hava Perdesi Hava Perdesi Fiyatlari Hava Perdesi Hava Perdeleri sosyal medya bez canta love which he describes as "the best job in the world".Paul is described by many City fans as not only a legend, but one of the greatest players to play for the club and who potentially
ingilterede dil egitimi ingilterede ingilizce ingilterede dil okullari Londra dil okullari ingilterede sertifika programlari could have captained England on many occasions, but for the terrible knee injury that prematurely ended his career.Ian and Paul are joined each week by two different City fans to chew over the week's news, whilst Nathan Middleton provides fans with an insight into the weeks alternative City news, gossip and rumours. ingilterede master ingilterede yuksek lisans ingilterede egitim ingilterede universite ingilterede mba ingilterede sertifika programlariThey have also had star guests including Danny Tiatto live from Australia, Uwe Rosler talking about life in East Germany and Niall Quinn discussing his famous disco pants.

Join the conversation!

Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]
ie8 fix

The best of ZDNet, delivered

ZDNet Newsletters

Get the best of ZDNet delivered straight to your inbox

Facebook Activity

White Papers, Webcasts, & Resources
ie8 fix