Open Business Systems Fill Gap In Mainstream Entertainment Industry 12/09/2008 by Kaitlin Mara for Intellectual Property Watch 3 Comments Share this:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window)By Kaitlin Mara Outside the realm of mainstream proprietary entertainment, owned by big studios and protected by brand names, lay large numbers of artists without audiences looking for the means to distribute their creativity, and groups of people who yearn for art reflective of experiences not touched upon by the mainstream movies and music. These artists have created independent side industries that challenge conventional views on piracy. Such expression used to be the property of neighbourhood streets, or oral tradition, but the digitising world has brought with it two important changes: on the one hand, localised forms of creation and communication are being outpaced and outcompeted by mass media capable of faster movement and farther penetration; on the other, the internet and the rise of personal recording equipment – coupled with its falling price – has placed the power of communication within reach of those who want to grasp it. “We have cultures literally vanishing,” said Charles Igwe of motion picture information and services company The Big Picture, which advises the successful Nigerian film industry: “each time someone dies, it is like losing a library.” The issue was addressed at a 9 September panel of Yale University Law School’s third annual Access to Knowledge conference. In Brazil, said Ronaldo Lemos from the Center for Technology and Society at Fundação Getulio Vargas (FGV) law school in Rio de Janeiro, major music company Sony/BMG releases about 13 new compact discs a year. “Where,” asked Lemos, “is the Brazilian music?” The answer to that question is that out of these previously unrecorded spaces, several independent industries have grown, with unique ways of creation, recording, and distribution. The Brazilian website TramaVirtual, for instance, boasts over 60,000 artists: “an entire generation of art and music coming from this website rather than the traditional music industry,” said Lemos. A popular form of Brazilian street music, tecnobrega, sees the production of about 400 new CDs and 100 new DVDs every year, he added, “but you won’t find them in stores.” This music is instead distributed directly to street vendors. The same people normally thought to be selling pirated material have a deal with tecnobrega in Brazil to sell the real thing, explained Lemos. Such people are sometimes dismissed as pirates, said Regina Casé of Pindorama Produçes Artisticas, which she argued is unfair as the music is theirs. Regina Casé, with help from Ronaldo Lemos, talks about the relationship between prejudice towards certain communities and the label of piracy Casé spoke of her organisation’s work in televising this music scene, at first in Brazil and increasingly around the world. “We travel,” she said, “to places no one had an interest [in] before and show people that were invisible to most… then we noticed that TV was no longer what you normally see.” This TV programme was dubbed Central da Periferia – the Centre of the Periphery – and plays the kind of music wildly popular in peripheral areas, and often neglected by mainstream record makers. They document distribution methods such as the “candonga” – vans with speakers, so that people can listen to new music as the driver drives through a neighbourhood. A single episode of Central da Periferia may reach over 100 million people, she said. On one video clip, grinning musicians triumphantly grip the keyboard and cheer, “Let’s hear it for the technological outsiders!” Nor is Hollywood immune from this outpouring of creation from marginal areas. In 2005, according to Lemos, Brazil released 51 new movies a year, the United States 611, India 934, and Nigeria 1,200. In Nigeria, the cost to purchase a film is $3, and $0.50 for a rental. From these sales, the industry generates $200 million a year, the third highest in the world after the US and India. Igwe said that after a 1992 decision to commercialise television broadcasting in Nigeria, stations decided it would be cheaper and easier to buy a foreign product. But there was a leftover and undersupplied market for the old Nigerian TV stars and programmes that were then off TV. A movie made with some of these stars sold 200,000 copies in a week; making clear the potential in this industry. Demand quickly outpaced the supply and soon pirate copies of films were making their way into the market. Igwe said the industry faced two options: to look for collaboration to stop counterfeiting and piracy – an expensive prospect in a fledgling industry with no state support – or allow that every disc, legitimate or not, that went into the market “created an audience for us.” Behind the piracy, explained Igwe, was a desire for more of the product; in the wake of piracy, even more new markets opened up. Charles Igwe discusses piracy in the Nigerian film industry This is a key factor of open business, explained Elizabeth Stark of the Yale Information Society Project: they are “not relying on traditional means of exclusive rights.” When traditional means of licensing are not an option “people work outside the system, innovate to create these models.” And in the western world, alternative forms of distribution and licensing are catching on: the band Radiohead, for example, released its latest album In Rainbows on a “pay what you want” system. Another band, Nine Inch Nails, went even farther, noted Stark, releasing their latest album The Slip on a Creative Commons licence. In 2008, Igwe said, Nigeria’s film industry, dubbed “Nollywood,” is making 2000 films a year – and it is not just growing, “it’s mushrooming.” There is a “massive cultural revival” in Africa, he said. In Uganda, an Ugowood is growing; a Riverwood in Kenya is doing the same. The explosion of these films is the first time there has been a way to record traditions that are not conducive to being written down, traditions that are otherwise at risk of being lost Igwe said. Nollywood is a business, and has to be to survive, he explained, but it is a business with extraordinary social impact and social responsibility. Charles Igwe talks about the role of motion pictures in preserving Nigerian oral history in the knowledge economy What underpins much of this drive for new business models may have its roots in something even more fundamental than the desire for access to information. Rishab Ghosh of United Nations University Maastricht Economic and Social Research and Training Centre on Innovation and Technology (UNU-MERIT) said of open source software, another form of participatory and open business, that the key issue is really about “not just access to consuming knowledge” but also “access to participation.” Share this:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window) Related "Open Business Systems Fill Gap In Mainstream Entertainment Industry" by Intellectual Property Watch is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Alan Story says 15/09/2008 at 8:58 pm Journalist Kaitlin Mara missed a very revealing set of comments in her reportage on the open business panel at the A2K3 conference last week in Geneva. The three speakers at this session —- Case and Lemos from Brazil, Igwe from Nigeria — had given us many examples of how both the Brazilian tecnobrega music scene and the Nigerian “Nollywood” film industry had grown, spread, and prospered over the past decade by ignoring copyright laws. In fact, in the case of Nollywood —- now worth more than US $200 million a year —- “piracy built our market,” explained film producer Igwe. So, asked a questioner right at the end of the session — I am afraid I don’t know his name —.now that your two industries are so popular and doing very well, do you see a future role for intellectual property in these two industries? Oh yes, replied Lemos. He said he hoped that such Brazilian music will be used in various forms of new technology, such as mobile telephones, and copyright law protection would be very useful here. Film producer Igwe echoed this view. He said Nigerian film producers would soon begin discussions with copyright officials in that country to formulate some new copyright laws that would be useful for Nollywood. The responses of Lemos and Igwe remind me of how the government of the United States of America has acted towards foreign owned copyright during its history. In the 19th century, when the USA was a young and growing country and badly in need of English language materials, it had no hesitations in ignoring foreign-owned copyrights. The works of the well-known English novelist Charles Dickens were a favourite of the US “pirates.” But once the USA became top of the world copyright heap — today it exports far more copyrighted works than any other country in the world — no country has been more shrill in the call to “ crack down on those nasty pirates. “ Perhaps some in the A2K “movement” may agree that it is perfectly proper to take what we could call a “pragmatic attitude” to national and global intellectual property laws. Ignore them when you don’t need them and, in fact, build up your consumer base by encouraging piracy. Then when you get to the top of your own particular heap, advocate the use of strong copyright laws to consolidate your position and your profits. Some would label this as the oldest marketing tactic in the world: “make sure you take advantage of a good business opportunity.” The rest of us would label it simply as “open business opportunism.” Alan Story Kent Law School, Canterbury, UK Chairperson, The Copy South Research Group Reply
RLemos says 15/09/2008 at 11:15 pm Hi Professor Story, just to clarify my response at the A2K3 panel. I said that IP laws would be very important as soon as the cultural scenes emerging globally regardless of IP incentives start to use other networks, such as cell phones and the internet. I then explained that the reason I believe they will be important is precisely to make sure that it is possible to replicate the same conditions under which they operate right now (the conditions of “openness”) in their own contexts inside these other digital networks, for instance, by means of the usage of CC or other copyleft license. Accordingly, the proposal is not to restore the same old use of IP once this cultural production becomes widespread in other networks, but it is precisely to make sure that the same openness secured by de facto circumstances where these cultural scenes emerge can be translated into legal terms when they migrate to other more formal networks. It is important to consider that the Trips agreement is here to stay (developing countries would not take the risk of being penalized under the WTO because of IP rights non-compliance), and that the IP default rules of copyright (everything is protected, unless you legally state that it is not protected) will apply regardless of the opinion we might have about them. Best regards from Rio de Janeiro, Ronaldo Reply
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