[A2k] Compartilhamento legal! – Brazil is putting an end to the ‘war on copying,’ at R$34.500.000 per month

Philippe Aigrain (perso Wanadoo) philippe.aigrain at wanadoo.fr
Tue Sep 7 02:15:00 PDT 2010


In my opinion there are two separate issues that people mix:

1- Putting in place a new social pact based on both the recognition of
non-market sharing between individuals as a legitimate right and a new
contribution by Internet broadband subscribers to creativity used and
developed on the Internet. There is a powerful momentum for this idea of
a new social pact.

2- Adopting a compensatory (to alleged harms of media industry) vision
as the basis for designing the financing scheme and distributing it,
which is, in my opinion, a mistake. Even critics of compensatory
approaches such as Fede adopt its way of thinking. He compares the
global amount of the contribution with the turnover of the major
companies in music, while the contribution proposed in Brazil (and in my
own work) covers all media, including Internet-native media, and, I
hope, including voluntarily shared works. The result is very problematic
: one does not gain any sympathy from the opponents to sharing (apart
from a few extremists, they do not hope to eliminate it, but want to
keep it clandestine, polluted and unable to develop tools, ethics and
services). Meanwhile, a significant part of the Internet communities and
of the critics of the misgovernance of collecting societies do not
support the scheme either, because they fear that it will just fuel the
existing microcosm of established (often past) IPR interests.

In 2003-2005, adopting the compensatory vision seemed natural, and even
in my 2008 French-speaking book, while challenging the industry claims
on the impact of file sharing, I still used the maximal possible adverse
impact as a basis for defining the contribution. I have now developed a
model for an autonomous (self-standing) definition of society-wide
resource pooling for information, creative and expressive digital works
shared on the Internet. What it tries to address is not harms of media
publishers (though in practice it will satisfy a reasonable
interpretation of copyright law needs for compensation). It is to
provide one relevant source of rewards and production financing in a
situation in which many more wish to invest time and energy in more
elaborated works, and attention to works will become more diverse.

When I apply this model to the Brazilian situation (with Purchazing
Power Standard equivalents), I obtain US $ 102 millions (R$ 176
millions) per year for rewards, and most likely (I do not have enough
data on production of works in Brazil to know for sure) R$ 300-350
millions per year overall. The present Compartilhamento proposal (which
targets rewards only, but that's another story) is R$ 414 millions per
year. All this based on the 11.5 millions home broadband subscribers
estimate (which, if not true now as the stats count also non-home
subscribers, will be true soon).

Best,

Philippe Aigrain


Le 06/09/2010 23:19, Federico Heinz a écrit :
> 
> On 06/09/2010, Marko Loparic wrote:
>> How many legists, university professors, bloggers, artists can you
>> show me demanding the legalization of file sharing? For me it is a
>> small minority of the public opinion.
> 
> My perception is that most people know, deep down, that it's right,
> but don't dare say it, some don't even dare think it.
> 
> We should play to that deep knowledge, lure it out in the open,
> instead of reinforcing the opposite idea.
> 
> By the way, I have taken the liberty of updating the subject line to
> be more accurate in monetary terms, using information from the
> "Barômetro Cisco de Banda Larga"[1] according to which Brazil had
> 11.5M broadband connections in the second half of 2009.
> 
> This, incidentally, means that the yearly income from this scheme
> would be roughly 1.71*12*11.5 = USD 235.9M, more than twice the
> figure stated in the original paper. This figure, according to the
> information in that paper, is about 113% of "the four largest record
> companies' revenues combined" (thanks to Enrique Chaparro for
> pointing this out to me).
> 
> 	Fede
> 
> [1] <http://www.cisco.com/web/BR/assets/docs/Barometro_Brasil_2H09_Site.pdf>
> 
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