Copy .... right or wrong?

New technologies are being developed and introduced at such a rapid pace that, in certain instances, they have leapfrogged the business community's ability to monitor and manage the consequences. For example, consider the case of Napster, MP3's and the recording industry. While the new developments introduce exhilarating possibilities, their shadows carry the specter of chilling consequences. As a result, the subject of intellectual property rights is one of the most hotly debated topics of our time.

I find myself perched squarely in the middle, with sympathy for both sides during these discussions. As a media analyst/consultant/ planner/buyer, I have never hidden my love of radio and my great respect for the contributions made by Canadian broadcasters. I am grateful for the opportunity to serve as chair of the DAB programming sub-committee (working with some of Canada's top programme directors) and vice-chair of the BBM radio executive. On the other hand, as a creative director I have had the good fortune to write, produce and record with some of Canada's finest musicians. So, if everyone has made some valid points, how do we get a consensus?

First, we have the issue of performing rights and the recently introduced neighbouring rights. I think that most of us saw the need for the latter from a philosophical perspective. Certainly, performers as well as writers should be fairly compensated for the airing of their work. An equally valid concern is: how much of a financial burden can the radio industry bear? As part of the equation, we must remember that radio does serve to promote and publicize artists thereby affording sales potential. As it is, broadcasters are struggling to show any reasonable profit. In recent times we have seen consolidation, layoffs, and automation as part of the effort to remain financially viable. How much is a song worth? I could paraphrase the well-known TV commercial and say priceless. The truth is that in our culture artists are always underpaid. Lawyers get $350 an hour while poets and painters get little more than our best wishes. I have no idea as to how that can ever be satisfactorily addressed. For now, we have achieved a compromise with regard to radio airplay. Nobody is happy, but at least we have made strides to answer everyone's concerns in a practical fashion.

Next comes the concept of harnessing performing rights for music streamed over the Internet. Here is a wild and wooly environment where anyone with an alias and a high-speed connection can set up his/her own amateur radio station. Artist organizations are targeting the traditional broadcasters who are streaming their broadcasts in addition to sending them out over the air. But that doesn't come close to fully addressing the problem. To date, Internet audiences are delivering anemic hours tuned. If this were to change, this situation would have to move up the priority list.

Perhaps the most critical challenge has been brought about by the popularity of MP3's. Consumers have embraced this compressed audio file format in huge numbers. Files can quickly be transferred via the internet. The recording industry is clearly nervous at the prospect of consumers freely trading audio files. They were able to effectively attack Napster, but the void was filled by a host of other sites. Consumers love the convenience of immediately accessing and downloading music from anywhere in the world as the mood strikes them. The corporate community recognizes this as an unbeatable distribution system, but scratch their collective heads when it comes to harnessing revenue potential. The new technology has also changed the broadcast industry. A tremendous number of stations have increased efficiency by feeding their music, stingers, commercials, etc. from hard drives. National ads are routinely trafficked across the country via the internet in the form of MP3's. Home and portable stereo units are beginning to incorporate MP3 players. Some come with the capability to record songs playing on the radio and store them as Mp3's, all at the touch of a button. To copy or not to copy....right or wrong? The better question may be how do we compensate the labels and artists when material is copied.

A surcharge on blank CDR's is one way of funneling some funds back to the labels and their artists. Working with sites such as Napster to establish monthly subscription fees for the right to download certain material is another avenue that is being explored. Labels and artists are creating innovative new pay-to-download distribution schemes. MP3 recorders and players may have some sort of surcharge applied. One thing is certain. The best answer will be arrived at by artists/labels working with the broadcasters to establish a viable solution. The Internet is populated by anonymous people engaging in the recording and distribution of protected intellectual property. You can't negotiate with anonymity. Broadcasters are visible and reliable.

In the end, I can't pretend to have an answer to the complex question of how to best protect copyrights. I can simply say that burgeoning technology will not come to a halt while we search for solutions. Consumers are in love with the convenience of the new systems. We simply must continue to muddle through until we find a viable way of harnessing the vast potential in front of us.