The EFJ seminar on Authors' Rights in the Digital Age: A Fair Deal for Journalists took place in Thessaloniki, Greece from 11 to 12 December 2010 and was hosted by the Journalists' Union of Macedonia and Thrace Daily Newspapers. The seminar addressed the latest developments affecting journalists' authors' rights in the digital age. The outcome of this seminar will contribute to reinforcing the EFJ and its affiliates' strategy in strengthening authors' rights protection for media professionals and ensuring that they receive a fair payment for the use of their works. This is the presentation of composer, authors' rights owner and music user Antonis Plessas in this seminar sharing his experience from the music industry.

1. AUTHORS’ RIGHTS IN THE DIGITAL AGE
A Fair Deal for Journalists
PRESENTATION ANTONIS PLESSAS
Watch the slide show.
Slide 1
Good evening!
My name is Antonis Plessas and I am here today representing the Hellenic
Society for the Protection of Intellectual Property (AEPI) in order to share with
you, in my capacity as both a music creator and owner of authors’ rights, my
experience in the extremely topical issue of Authors’ Rights in the digital
environment.
Slide 2
Three weeks ago, Greek newspaper KATHIMERINI has published an article
titled “There might be future for newspapers”. The article referred to the
review of German newspaper DIE ZEIT reporting the best two years of its
operation, α bright exception in the gloomy sector of European and
international press.
In the article there were two statements made by Giovanni di Lorenzo,
DIE ZEIT´s Editor-in-Chief which attracted my attention.
In the first, when asked about the newspaper´s success, Mr Giovanni di
Lorenzo answered that the success is due to the fact that the newspaper is
carefully considering the needs of its readers and completely ignores the views
of “special advisors” for media.
In the second, Mr G. di Lorenzo stressed that the future of press because in his
opinion printed press has a future because is a journalism of “orientation and
depth”.
Slide 3
Public needs, experts´contribution in current evolutions and the quality of
services and products, also constitute issues of prime interest in our own field.
Music industry has always paid great importance to facts and figures collected
through researches, polls and analyses.
There is no doubt that major record companies know better than anybody else
about phonographic market, however it is a fact that this knowledge has not
prevented them from losing the ground under their feet and their
representatives IFPI & RIAA lost the citizens´ trust in their policies.
It is clear that a 60% decrease of sales during the last decade in a time when
music has become more popular than ever, cannot be justified only by public´s
attitude but we should look for the reasons in the quality of the provided
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2. product as well as in the inadequacy of music industry to feel the consumers´
needs, due to its experts´ view.
Therefore, we are led to the result that in the beginning of 21rst century the
obtained by bureaucratic researches knowledge is not enough to replace the
lack of insight and foresight, which are necessary today for our survival in this
new environment.
Slide 4
So, when we wonder whether at the end of this difficult for all of us financial
recession, we will get back to business as usual, the answer is obviously NO.
Technology is constantly and irreversibly affecting, formatting and changing
our culture and habits, yet with very different levels of impact in different
regions around the globe and at a very different speed and certainly affects
the way we are asked to develop our businesses.
The creators of music works are now facing a serious chalenge which has to do
with the fact that the larger part of real value that music used to have in
people´s mind has been deleted and it is left only with the sentimental value.
Slide 5
I am here today to share with you the knowledge I obtained during the last ten
years after experiencing drastic changes in my line of business.
The first thing I wish to share with you is that it is time to re-examine our
assumptions and standards.
Slide 6
So, here is the knowledge that offers me the possibility to comprehend and -I
wish to believe - adapt myself in new reality, in order for me to survive in our
broadband connected world. The fair question that occurs is whether and up to
which point I can manage this challenge on my own.
Of course I come to the conclusion that I need someone to help me with all
these different things during the process but definitely not in the way and
terms it was done in the past.
Slide 7
The basic force behind the current revolution is the dramatic change in the
distribution economy.
Prior to the digital revolution, the distribution and sales of works by
independent creators-producers were characterized by limited choices, high
cost and ineffectiveness.
In the beginning of 21rst century, with new models of enterprise emerging
through on line services and public, as a potential sponsor, claiming a
dominant role in the shaping of the music field, the independent production,
for the first time in history, has all necessary tools to allow it to claim its place
in the international music scene.
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3. Slide 8
The impressive evolution of recent years in the area of technology and
telecommunications have reassured me the access of my works to a worldwide
audience and at the same time have made accessible great tools for the
recording, production, promotion, distribution and finally sale of my works.
This new environment urges me to change the way I operate and reposition
the “toll booth” where I expect the monetization of my audience´s access to
my works.
Slide 9
Today, the cross line between the professional and amateur creator becomes
further and further faint.
Slide 10
This fact is confirmed by the impressive number of participation of
professionals and non professionals’ creators in the web site of My Space and
several other web sites.
We, professional creators, compete with millions of other potential creators
who take advantage of the same tools and equally demand public´s attention.
(User Generated Content).
Slide 11
Consequently, in our continuously hyper-connected world, attracting and
sustaining public´s attention and winning its trust will be prerequisites for
reassuring a fair fee for our work.
Slide 12
The monetization of the investment will be more often affected by the pro-
active participation and interaction of the creator with his fans, audience,
spectators, readers and friends.
Personal reputation and influence have started to become an important
currency which in due time and under certain conditions can turn into cash.
Slide 13
I believe in and support the vital role of Authors´ Rights Societies and the
necessity of their existence, because they reassure the following advantages
for their members:
• Transparency: distribution according to rules and auditing procedures
which are open to all,
• Equality and non discriminatory treatment for all their members
• Certainty of represented repertory
• Protection of Author´s Rights and
• Cultural diversity
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4. Slide 14
The Hellenic Society for the Protection of Intellectual Property (AEPI) functions
as a Collective Management Organization on the basis of the regulations of
Greek Law 2121/1993. AEPI represents more than 11.000 Greek and
2.200.000 foreign creators and intellectual rights owners who have entrusted it
with their works and its management.
In the framework of its international cooperation, AEPI has concluded
reciprocal agreements with 125 homologue societies in 181 territories.
Slide 15
In Fall 2009, taking a starting proposal by the Greek branch of International
Federation of Phonographic Industry (IFPI) and GRAMMO (Collective
Management Society for Producers of phonograms), AEPI organized and
coordinated for the first time the gathering of 14 Collecting Societies and
Collective Protection Societies, which represent the totality of intellectual
individual of the country, plus the rights of hundreds of thousands foreign
rights owners represented in Greece.
The initiative of the 14 Collecting Societies was a common attempt to inform,
converge and communicate their positions, present their propositions to the
public and the State, the latter being called upon, through its officers , to take
position for the protection of intellectual/neighboring/ human rights on the
internet.
Slide 16
This common initiative was followed by a series of meetings between Collecting
Societies and several Greek internet service providers to seek a satisfactory
solution for both sides. Unfortunately, these discussions brought no result.
AEPI´s proposal was that internet users pay a monthly fee for the licensed
used of represented repertory.
The basic obstacles for achieving an agreement were, on one hand Greek Law
2472/97 for Personal Data, which does not allow removal of confidentiality and
therefore service providers are not obliged to provide personal data for those
users who illegally share music files (P2P) on the internet and, on the other
hand, the lack of cooperation between right owners regarding service providers
´claims, as some of them i.e. the representatives of USA audiovisual works in
Greece have only the right to forbid and not to license the use of their
repertory.
Slide 17
A free consumer is more valuable than a captive one.
We must reconsider permissions and standards, strike new balances for our
connected world and monetize usage and engagement.
Slide 18
To stay relevant we need to see – and experience- the world in the same way
as our customers.
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5. Attempts to increase control while the world keeps getting more connected will
fail spectacularly!
Slide 19
What we need is a collective, compulsory blanket license covering every use of
music and media on the internet.
The problem is not what consumers are doing-the problem is that the music
industry has not blessed it with a license yet!
Slide 20
Neelie Kroes, Vice-President of European Commission and Commissioner for
Digital Agenda recently reported:
“It is a common assumption that the existing legal framework should be
changed as soon as possible because it doesn’t serve well any party – nor the
artists neither the companies or users”.
The digital music (r)evolution clearly poses a myriad of business and socio-
cultural problems that require us devise a new social contract that legalizes
what people actually do and then build new business models around it.
Slide 21
Here are, from our experience, some of the reasons that resolution through
licensing has not reached the desired solution:
1) There are several Directorates-General (DGs) in European Commission with
contradictory points of view. i.e The Internal Market and Services DG
contradicts to the Competition DG. The first requests a unique point of
Paneuropean Licensing while the second supports the multiple points of
Paneuropean Licensing.
2) The basic aim of the Commission regarding competition among Collective
Management Organisations (CMOs) favours the Societies that represent
international repertories such as Anglo-Saxon-American and operates against
national small repertories, such as Greek, Portuguese, etc.
3) The "Commission Recommendation of 2005 on Collective Cross-Border
Management of Copyright and Related Rights for legitimate online music
services", encouraged the major Music Publishers (EMI, SONY, WARNER,
UNIVERSAL, BMG) to withdraw their repertories from CMOs as regards to
online licensing. This resulted in the licencing procedure for users to worsen
and in many cases the users of music do not know to whom they should
address themselves for licensing.
Slide 22
In the sector of Radio and Television Organisations
1) Private Radio and TV Broadcasters on the one hand, featuring the German
RTL, are in favour of negotiations with each creator or rights-owner separately
and not through CMOs.
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6. Public Radio and TV Broadcasters on the other hand, featuring EBU (European
Broadcasters Union), are in favour of the maintenance of the present system of
collective management.
2) The R/TV Organizations, the producers of audiovisual works and the record
companies, press creators for a complete buy-out of their rights, leading them
to their absolute isolation from their works.
3) Due to the chaotic situation created based on the facts I described, several
companies providing on-line services went ahead and launched their operation
without the necessary licenses and royalty payments for the use of music.
Slide 23
Current Situation
There are complex problems concerning the licensing of providers of music
services on-line, due to interventions and pressures by the European
Commission on the following issues:
a) Which CMO(s) will be entitled to license the provider
b) For which repertories
c) For which territory
I.e. The European i-TUNES needs to conclude dozens of different license
agreements, which bear extra administrative costs and delays in the
distribution of royalties to right-owners.
2) There is no sufficient European regulation yet. There is a general belief the
European Commission either does not wish or is not able to effectively solve
the issue, under the lobbying of serious stakeholders.
3) In France, the Law HADOPI (of three strikes) was activated with difficulties
in summer of 2010. Its financial cost is immense and therefore, its future
uncertain.
Slide 24
Finally, before I conclude my speech I wish to refer to my capacity as user, a
most empowered user regarding to the past, due to the technological
evolutions and the broadband connection.
So, I would like to share with you my belief that people pay for authors’ works
when they see real value, when the price is right and when the process it´s
easy.
Slide 25
As an empowered media buyer-user I want to have access from anywhere,
anytime and any device I choose.
Slide 26
I also wish to have personalized services, personalized offers, real meaning,
solid relevance, timeliness, and - undoubtedly- transparency and truthfulness.
Slide 27
With many different products for all kinds of needs.
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7. Slide 28
For which I´ll also remunerate you with my attention by forwarding a link,
rating a site, commenting on a blog, twittering, sharing bookmarks, allowing
cookies on my computer, sharing my location, liking something on Facebook
and many more things that create meta-content, that is content around
content and therefore, value.
Slide 29
So, before you blame me as being responsible
Slide 30
for your businesses decline
Slide 31
start with a great story, slice it and dice it, make it useful, sift through its data,
move it around, clear its legal and fair use, present it in all kind of useful
formats and prices, and you have my attention, payment and devotion.
Slide 32
Users´drastic empowerment means that businesses must collaborate or perish.
Slide 33
Understandably everyone is wondering: What will work in place of the old
model?
Is there a general model that will replace what dissolves before our eyes?
However, any experiment designed to provide new models of interaction and
creativity, will be an improvement compared with denial of reality, especially at
a time when for most the unthinkable future is already in the past.
Slide 34
Thank you all for your time.
Antonis Plessas
Composer - Producer
Music Technology Consultant
Αpple Distinguished Educator
web:
BLOG - TWITTER - POSTEROUS
e-mail:
aplessas@otenet.gr
Mobile: 0030 6947 709503
AEPI: 0030 21110 29295
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