Wednesday, June 20, 2012

Making A Better Deal for the Artists

There are contentious debates about the role of the web digital service industry in the decline of monies remunerated to content artists.   Some suggestions:

1. Metadata standards for legally obligating agreements on the web. Fix this first. This is a very big bang across the services. It is in everyone’s interest that these be made soon, simple and ubiquitous because it predicates the service agreement bindings to legal documents. IOW, control the lawsuit space at jump and innovate opportunities with the same markup of the text. Even SharePoint knows how to nag an author for the missing fields in the columns. If you are an industry person aggregating content for publication, you want this.

2. Make it fair. The obligating contracts are not to the algorithms that currently sort monetization. In the case of YouTube, these do not work or are poor at best and I can prove it. The metadata is important to the fairness of the opportunity. Publish the rules for ajudication and see 3: turn ajudication into opportunity sharing. It is an opt in strategy and those are shown to be least onerous.

3. Innovate opportunities. Today, a mashup using photos that Google provides cannot be monetized because the obligation to own all content or have all attesting documentation is onerous. Facilitate this task. Google is using the photos and video too. They are the gateway.  Why do they not offer the service to inform all parties of an opportunity instead of a infraction? Divide the monetization fairly and transparently.

Big Data is here. Use it wisely and fairly. Technology can enable you to innovate opportunity but it cannot make you moral. You do that by the technology you choose to buy and use. If you wish to direct the evolution in your markets over being their prey, then the way you agree to create and foster opportunity is the ultimate tool: choice of choices.

As to the HTTP censorship code, do you think that the right frame to discuss server blocking by legal means? I don’t. It presents the opportunities in a black and white zero sum frame and none of the advantages of having a legal means with teeth to enforce our laws. For those who say this is Big Government, I say, that’s exactly what it is and exactly why we have them. A government has the obligation to protect it’s citizens and their property in my opinion. Means may be negotiated but they are found and applied.

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