More Music Lessons

In Music Lessons, we made some parallels between the piracy-induced decline of the music industry with Pinterest, and predicted a similar decline in the availability and quality of image content on the internet. The article in refence, David Lowery's Letter to Emily White has gone "viral" and the phenomenon has given rise to numerous rebuttals along with the praise.

The comments to the rather toothless rebuttal article A WSJ Intern Replies To An NPR Intern’s Viral Post on Music Piracy are more revealing than the article itself. While one commenter bemoans, statistics in hand that

"[...] recorded music has gone from a $12B business in 2001 to a $6B business in 2011. About 35% of that 19% is 7900 Petabytes which was 11 billion movies consumed that people didn’t pay for. That is why Home Video has gone from a $26B business to an $18B business. Pirate Bay is the 81st most popular web site, more popular than Netflix and way more popular than Spotify. ISPs made $50B in 2011 selling a service that comes with free music, free movies, free software, free games and free books. the solution is for ISPs to obey the law and terminate repeat infringers."

another commenter adds, taking a completely different angle:

It’s not because we’re poor, we’re just living in a high speed world where we want access to EVERYTHING… EVERYWHERE and it’s services like iTunes, Spotify and Pirate Bay (listed in descending order of benefit to musicians) that are providing us with that.[...]This will cause a total lull in musical creativity, inspiration, originality and general interest in music until the industry devolves into being a totally non profitable market for anyone because no one will care to consume it anymore. It’s bleak, man.

Interestingly, a more robust rebuttal of David Lowery's piece on Boing Boing has elicited some angry backlash... against the rebuttal itself:

"The issue, for me, isn't whether millions of hobbyists can squeeze out $100 a year while technology companies skim millions from the transactions, but whether a professional class of musicians, artists, writers, filmmakers, etc. can still exist in this country."

"Morrison posted an opinion that "we shared music when it was casettes". And then didn't bother to inquire whether the amount of sharing in any way equated to digital sharing."

From the camp of "Love The Art, Hate The Artist":

"Do you know any musicians who make music only for money? I don't. They make music because they can't stop themselves from making music. And they have day jobs."

"Quit these pretentious things and just punch the clock."

"If you want to sing, sing. But, for God's sake, stop complaining about how you're being oppressed because the rest of us don't want to support you while you do it."

"It's been coming for awhile. Musicians have officially become boring."

"The free content crowd doesn't value artists. And they're nasty about it too. Nicely done."

Until Pinterest came along, graphical content was largely untouched by piracy. Ben Silbermann has found a way to tap into this poor cousin of "sharable content" with a platform geared towards the hoarding of third-party digital images by its users, adding a further leaching of creator's copyright with an embed feature that is little more than a gateway to a hotlinking free-for-all of this infringed content.

What is the adaptive path for visual artist with respect to their partnership with the internet?

REDUCE CONTENT. Reduce definition. Reduce size. Reduce availability. Institute a pay-per-view. Charge for website access. Educate the masses.

We may be fighting Pinterest now; tomorrow, we'll be fighting hundreds of Pinterest clones.

Convincing Pinners Might Be An Uphill Battle

Pinterest is a pain to many creators.
Pinterest doesn't "get it." Will the public?

Meet The Real Linda Ellis is a disturbing read where a self-described innocent infringer berates a copyright holder for attempting to enforce statutory damages to the tune of $7500.00.

Linda Ellis wrote a rather simplistic poem entitled "The Dash" that some years ago has made the FWD: FWD: FWD: email rounds that grannies love to send each other. The poem is about the dash between the birth and death years on a tombstone, metaphorically speaking, the "living" between the two dates. Linda Ellis claims to have registered this work, and it has become her bread an butter, going as far as expanding the little ditty into a book about not wasting time.

When the poem was found, posted in its entirety, on April Brown's website, Linda Ellis sent her a demand for $7500 for the use of her poem.

What resulted is a very long exchange that, regardless of the merits of the poem, demonstrates the entrenched disregard and the deep lack of understanding of copyright law found in some segments of the general public.

While it's easy to sympathize with Brown's shock, anger and frustration at having to pay an amount many, many times greater than the value of her use of the poem, her misadventure illustrates the pitfalls of using a copyright-infringement platform like Pinterest.

Like a minefield, most of the steps you will take won't blow your leg off, but eventually, you, or someone in your village will be the unlucky one to pay the price.

If the Brown/Ellis conflict is any indication, creators attempting to defend their copyright against pinners (because Pinterest itself rejects all blame in their ToS) will be labelled copyright trolls, and the infringers, innocent infringers.

Ben Silbermann may wax poetic about making Pinterest "beautiful" but Pinterest is a hideous reality to the many creators whose contents its users grab, for it to commercially exploit some time in the near future, as the hiring of Tim Kendall suggests. If creators don't defend their copyright, they lose; if they defend it, they lose, too - legal fees and public opinion.

Thanks, Ben.

Pinterest Bracing Self Against Lawsuit(s)?

Several weeks after hiring Tim Kendall, Facebook's monetization man, Pinterest has enlisted no less than former Google Deputy General Counsel Michael Yang as its first General Counsel.

To speculate, it is possible that Pinterest will take advice and actually become respectful of copyrights and take serious steps to educate their users. It is also possible that Pinterest intends to unleash punishing legal challenges should any creator(s) dare to take them on.

If creators are hoping to continue making a living off their images and protecting their copyrights against the actions of Pinterest's users and those of present and future Pinterest-clone users, they must make their voices heard - they will have to scream at the top of their web-lungs. Begging "pinners" to try to understand their plight or educating "pinners" (something Pinterest seems loathe to do) on how pinning may hurt creators' livelihoods.

There are some that think creators have already lost the battle, and ought to give up their copyrights and associated livelihoods lest they become the "bad guys."

I’m wondering if everyone has come to the same conclusion: no company is ever going to bring a copyright infringement suit against a Pinterest user. [...] Sending a Pinterest user a letter instructing them to remove your copyrighted materials and accusing them of copyright infringement is [...] a total slap in the face.
-Catlan McCurdy

While Ms. Mc Curdy sides with the popular internet behemoth, the small artists continue to hurt: Ellen Ward, who publishes wonderfully spontaneous drawings, is another David against the Pinterest-Goliath.

Do we have a slingshot?

How Does Pinterest Make Money?

At first, Pinterest monetized its pages with SKIMLINKS. Users would post a picture link to a product that could be purchased, for instance, on Amazon.com using their own affiliate code so that they might receive a commission if a sale was made. Unbeknownst to them, Pinterest was wiping off these affiliate codes and replaced them with its own. This caused some outcry - largely becaues Pinterest did this secretly - and Pinterest dropped Skimlinks late in February 2012.

Now Pinterest is funded by venture capital to the tune of $38 million, with an eye on a future sale of the company or a steady income stream. Pinterest is expected to be monetized some time in the future.

This future may come soon. Just a few weeks after Skimlinks was suspended, on March 22, Business Insider announced that Tim Kendall had been hired by Pinterest. Tim Kendall's claim to fame is to have masterminded the monetization of Facebook pages.

There is money and advertisements in Pinterest's crystal ball.