The ancient pile at the end of Ave Maria Lane which houses that most resplendent of City of London livery companies, the Worshipful Company of Stationers and Newspaper Makers, rang out last night with the gladsome cries and throaty gurgles of the media market makers toasting the launch of yet another book. But this one is entitled “Copyright in a Digital Age”, and reflects the website contributions to a debate on the subject, convened and wonderfully edited by Trevor Fenwick and Ian Locks, who are owed at the very least a Sung Eucharist in this High Church of Copyright belief. I recommend you read it, either online at www.stationers.org, or by ordering it in print from that site. I shall not review it here, in part because I contributed, but I recommend in it a good summary of where we are from Clive Bradley, and a typically thoughtful piece from Mark Bide and Alicia Wise. The other reason why I cannot review it is an increasing impatience with the inability of the media to accept the obvious, or act coherently. Sitting in the open forum after the launch, while listening to James Murdoch (he is in the book too) keynote the issues, I could only speculate about how much of the present media marketplace must disappear in the next decade to allow a networked media world to emerge. Before I sank into a gentle doze, only to be awakened by the chairman reading out the question I had submitted for the panel discussion (thank goodness he did not ask if I had remembered it) I had settled on sixty per cent.

And upon the idea that this is a very simple issue, this copyright thing, or so complex it should be handed over to the Vatican for resolution sometime in the next thousand years. I incline to the former. Here is a point by point take on the issue, specially included for the kindly reader who tells me that this column is “tolerable, even though written in paragraphs”. Here are my points:

* Intellectual property theft is endemic in human society and has been since the first cave drawings.

* Copyright is an invention of the Statute of Anne of 1710, to protect the economic rights of a group of individuals in quite specific circumstances.

* All citizens should be able to assert their ownership of the expression of ideas (though not the ideas themselves) and have the right to ensure that those expressions are limited to media where they can be wholly safe-guarded, should such media have ever existed.

* All citizens have the moral right to be identified with works which they created, and these rights are immutable.

* The internet was created for the active passage of such works – “content” – to places where this material could be utilized. If you do not wish your content to be used in that context, and to drop out of the active use of the network, then you have a right to put your content into the dark web behind a paywall – and risk  it being ignored. Your choice.

* If the answer to the machine lies in the machine, we would all set up implied licensing schemes, charge users a micro-cent per access, give all power to the collection societies and back up our will with a set of international treaties. Maybe we will, and certainly we should, but it sounds like a daunting task to me.

* Meanwhile, most who write originally in the network do so for  reasons other than a flow of micropayments from a network debit card. Reputation, peer esteem, marketing, creating other income flows (like providing content to attach to advertising – as newspapers do in print) are all good reasons for writing on the Web, or in a scholarly journal, or elsewhere.

* Finally, the network lets those who want to do any of these things perfect scope to do them. Customers are seldom wrong, business models almost always are. Study the music industry closely. And remember that is is the customers who will decide in the end, not the producers.

As we left the hall, we were reminded that the UK government has set up yet another enquiry into copyright. Apparently, ministers are appalled to hear that our laws are so tough in the UK that Google could not have been borne amongst these dark, satanic mills. Swords will not sleep nor chariots of fire be doused until this has been corrected (sounds like another sop to the LibDems to me – “give them copyright and we can do what we like in Europe”). But amongst all this classic theological futility, we forget the one thing that is worth protecting. As content becomes more commoditized (eg heavily reproduced and widely available) it is the metadata which tells us what it is, what it relates to, often what it means, where  it came from etc etc. This must be protected. This is where the real network investment is being made. And we are on a value track here. Over time this metadata itself will become more available, and we shall add more value to create new things to protect – the thesauri, taxonomies and ontologies which provide the intelligent adhesive that allows this sea of content to be reshaped and recreated time and again. We did once pass a European Directive on the Legal Protection of Databases to accomplish this, though it never got a mention in Ave Maria Lane. I would have raised a glass to that!

And now for something entirely new (here, at least) – a Book Review.  I have been reading Simon Waldman’s new book, Creative Disruption (FT Prentice Hall 2010 ISBN 978-0-273-72573-2). And a very good read it is too, full of thought provoking insight. I recommend it. Simon, known to many in the industry as the digital strategist at Guardian Media Group during its discovery, adoption and triumphs in creating digital media marketspace for itself, has a great deal to say. His core observation, derived from four interesting case studies, is that real world companies receiving the painful jolt of a swift kick in the digitals can and must re-invent themselves through a three stage process of re-generation. This involves a transformation of their core business, the discovery of big adjacencies, and the ability to “innovate round the edges”. His case studies include Encyclopaedia Britannica, Apple, IBM and HMV, and within their recent history he is able to demonstrate how these processes operate. And his point is that the re-invention of these businesses could not have taken place without the digitally-inspired disruption which can be so creative but for many companies can also simply demonstrate the inadequacy of management, the disaffection of audience from brand, or the inability to understand, finance or harness the transition to technology innovation.

So I completed my readings in total agreement with Simon, but rather wishing he had written a slightly less panoramic study. At some point in the generation of this work, I hear Simon’s publishers saying, as publishers always say, “Can’t you widen the scope a bit? So much of this is about media, the land of the vanishing headcount. We need buyers, so please bring in the whole range of tech businesses – and then point to the wider business world, so we can promote this as a vade mecum for industrial re-invention!” Simon has answered these syren cries very well, but for this reviewer this entails an element of regret. I wanted to read from a master with this experience exactly how media markets will be regenerated. In some ways he points in the direction that I was discussing in the previous blog – and indexing to his successors at the Guardian. What if emerging from the the flames of digital transition leads to businesses with less revenue but higher margins on the revenues they retain? Certainly Britannica qualifies there, and probably HMV. But Apple? Or IBM? We may be in danger of putting strictly non-comparable items into the same scales for measurement and judgement; and then finding that our measurement system needs to be re-calibrated in order to make any sensible generalizations at all.

And I would like to say that this aspect of the book is redeemed by a chapter late on entitled “Out of print:the reinvention of book publishers”. This has its interesting aspects, but leaves me where I was already: we have all seen newspapers and the music industry go over Niagara in a barrel, and I hope, with Simon, that  book publishers “have learned eough to get the basics right from the outset”. Since he is talking about another consumer market, however, I must eschew his genial optimism. By far the larger part of the management of consumer book publishing known to me have, while embracing a digital strategy, regarded everything that emerges from it as a defence mechanism to protect the printed book. Using the eBook creatively in multimedia formats (as that wonderful, wilful publisher Peter Kindersley did within the chronic limitations of CD-ROM in the mid-1990’s) is just not happening. Managements seem to view continuity as a strategic aim, and re-invention as a car crash unless it has instant acceptability. Simon uses a favourite Latin tag: Contra vim mortis, medicanem non est in hortis. There is indeed “no cure for death in a garden”, and as these thoughts are written from the bottom of my garden during the “little death” of autumn, I see a great deal more of it in media marketplaces than he does.

But here is a hopeful note. Simon quotes from what I recall as a conversation with him during the writing of this book when he makes reference to the potential of turning research articles on X-rays into a workflow solution for digital training of X-ray technicians. I want to refer Simon to the excellent Brian O’Leary’s “Unified Field Theory of Publishing” http://bit.ly/bQspSU.  There he will find that passive content no longer has value in networked applications. O’Leary is a “context” man, but his context is ever closer to my workflow. The problem we all face is not just that it is very hard to get people who are not used to it to start analysing the active, problem solving applications of content in the lives of their users/consumers, but it is well nigh impossible to do that if the end purpose is to defend the rigid linear internal production workflow model of the publisher, who cannot conceive of relinquishing his containers or his pricing models, or the accident-waiting-to-happen business model of advertising.

Mischievously, I was also thinking of Simon’s general business readers when I opened a press release from Experian. That company now offers “Decisioning as a Service” http://www.prnewswire.com/news-releases/experian-now-offers-decisioning-as-a-servicesm-the-industrys-only-hosted-environment-to-manage-and-optimize-business-decisions-105163364.html, creating a workflow model around decision making and designing in, presumably from the web as well as their own copious resources all the content you need to inform and support a decision. I am sure that this solution does not work at all levels, but it is at once indicative of where the content market is going and poses a challenge to all who commentate on Digital Disruption: why don’t we go and create the modelling that does the job and indicates, even if in outline only, what we need to do in order to transition an old and broken business model into a networked (and mobilely networked) society in a context of rapid change with no foreseeable end. Now that would be a workflow triumph!

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