Yochai Benkler - Conflicts in Cultural Production
Duration: 00:10:33; Aspect Ratio: 1.778:1; Hue: 349.793; Saturation: 0.369; Lightness: 0.272; Volume: 0.084; Cuts per Minute: 0.569; Words per Minute: 100.467
Summary: Does the end of exclusive control over copies spell the death of cultural production? Yochai Benkler thinks not. While the music industry makes money off CDs, musicians supports themselves with performances. He points out that the film studios, on the other hand, take a large part of their revenues from performance and less from media commodities. He outlines how the changing cost structures in film and music production are enabling new stratums of society to create. For more, see
http://footage.stealthisfilm.com/video/15This interview was recorded for
Steal This Film II. The project tries to bring new people into the leagues of those now prepared to think 'after intellectual property', and think creatively about the future of distribution, production and creativity. This is a film that has no single author. It makers encourage its 'theft', downloading, distribution and screening, and have made the entire film and its footage available for download in HDV format, on their website and on Pirate Bay.

Interview with Yochai Benkler
Steal This Film II

Manhattan, New York

Many of the battles

represented first by the DMCA

in the late 90s,

later on by the move towards trusted computing

and the effort to embed the same idea

in hardware,
have to do with trying to tame

digital computation and communications networks.

So that the same model,

taking information,
encapsulating it in a discrete unit

and selling it,
remains feasible, remains sustainable.

How should we think about this?
Is it a good thing or a bad thing

that it's becoming harder, maybe impossible

to encapsulate information in discrete units
and sell them?

The simplistic answer

the answer that you get from Hollywood
and the recording industry

is, it's a disaster!

How will creators ever make money?

Before we buy that,

we have to remember that music

didn't begin with the phonograph,

and it won't end with the peer to peer network.

Theatre, narrative, stories,
didn't begin with copyright or end with it.

All information, knowledge and culture in our society

is supported by a diverse set
of revenue flows and business models

Not only the copyright system.

So most of our scientific research,

All of our humanities research,

is built on a model of
education and government funding

through universities and non-profits,

not at all based on copyright.

Most of our classical music today,

much of jazz,
much of music that is not roughly

in the segment of popular music,

is based on,
a combination of public performances,

and public support.

Much of how musicians live

is based on live performances,

musicians, not the recording industry,

the recording industry is very much based on,

the units themselves but the musicians,

very much live off public performances.

All of these modes of revenue,
all of these revenue streams

aren't threatened by the
de-stablisation of the copy at all.

what's de-stablised is, the set of business models

that depend on the copy as bottleneck,
as toll-booth.

That creates some problems
for certain business models,

it is far from an impending disaster,

for our cultural production system.

When one tries to think about what the world

of what artistic creation
might look like, after the copy,

the first thing to remember
is that different forms of art,

and different forms of creative expression,

have very different cost structures

and very different
social practices of consumption

and appropriation.

And so there is no single answer,

after copyright for all forms of creation.

Music which has been most in the spotlight,

is actually relatively cheap to produce

in terms of physical capital necessarily

It is not the large movie studios,

First of all artists own their musical instruments,

For a long time the cost of recording,

or the equipment to record
has become much less expensive,

for relatively high quality.

The distribution network now doesn't need,

millions of copies to be stamped out,

or hundreds of thousands of copies
to be stamped out.

instead you can distribute on the net,

so all the core costs of music production

have gone to a level that,
artists who care about their music

can largely self-fund.

Now where will they get revenue?

Musicians by and large, musical performers,

live from performances, not from royalties.

It's also the case that for
some of the rights that exsist,

it is not the copy
but the right that makes the difference.

so for example when the musician writes music

and the music is embedded in a Hollywood film,

It is not the copy that protects them
but one of the rights,

that will remain between large scale organisations,

that have models of appropriation
and individual musicians.

That right will remain,
they don't need to control the single copy

against users in order to capture those revenues.

And so when you look at the relatively low cost,

when you look at the overwhelming importance

of performances to the revenue of artists,

and when you look at the possibilities,

that we're beginning to see now musicians experimenting,

with online downloading and
paypal based payment systems.

You begin to see if not the complete solution,

at least the makings, or the components,

of how artists can make a living,
in this new environment.

The thing to remember is that the recording industry,

has perfected, the art of extracting all of the value

from the CDs, and earlier the records, to itself,

as the marketer and externalising almost all the

cost and risk onto the creators.

And so in that system,
when you suddenly take out the CD,

the artists lose relatively little,

the recording industry loses a lot.

And the battle over the CD is a battle

over the recording industry not over the musician.

Things are different when we look at film.

Film is more expensive to create by and large,

but film also has two competing
and stable systems around the world.

There is significant public funding
for non-commercial film,

and that has been the source of a lot of some

of the most creative and insightful work around.

And then there's Hollywood, now, Hollywood,

has retained control over a significant

proportion of the revenues
from public performance.

So the social practice of going out to the movies,

the social practice of going out
to a musicians performance,

is what funds musicians and the recording industry

hasn't captured that
because they were focusing on the CD.

That's not the same with theatre distribution of film

more than half of the revenues of film come from

public performances, that's not going away.

Remember that the copy,
the single copy used by a consumer,

as a mode of appropriating film revenues,

is about twenty years old thats all.

Before that it was all theatre based

or attention based through television.

So both of those modes, attention based,

and we're seeing that attention based revenues,

are central to the web, and going out to the

movies, both of those remain sources of,

tens of billions of dollars a year
to support the industry.

So it's possible that we'll see a contraction

of the video creation industry,

well it's possible we'll see some displacement from

relatively high production value blockbusters,

that then can be replicated through multiple media,

to a few of those based on theatre appropriation,

and a bit more of smaller scale,
amateur video production

people will spend more of their time,
this way

But again it's not the end of film,

it might be a contraction of the Hollywood model,

it might be an increase in the ethicacy of the

publicly supported model,

but in that industry too
it's far from doomsday.

I think more generally, the availability,

of cheap video recorders
that are relatively high quality.

The availability of cheap distribution mechanisms.

The availability of opportunities
for people to see film.

respond to it care about it, opens up a new domain

of non commercial film production

or small commercial film production,
by which I mean,

something that won't be the primary way in which

somebody makes a living, but is a part of

the mix of things they do for their life

To allow thousands or tens of thousands,

or possibly millions of more people
to engage in film production.

The other thing thats happening

and thats maybe more short-term,
but it may actually not.

Is that as people get into the habit of spending

time viewing much shorter pieces

caring more about the content of the narrative

than the high production value,
that too opens up

a new opportunities for all sorts of creative people,

again both commercial and non commercial.

To use these platforms for new innovative

forms of using the film medium.
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