Montgomery, L ~ Space to grow

Business models adapt to IP way faster than the other way round. See Montgomery, L et al ~ Global reuse and adaptation in the creative industries.

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IP allowed specific kinds of businesses to flourish.

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“As Alford (1995) discusses, China possessed no indigenous equivalent to concepts of “intellectual property”. Notions of individual creativity and ownership of ideas were not easily reconciled with Confucian concepts of creativity, knowledge and learning (Alford, 1995, p. 9). For these and various other reasons, the PRC remained without a copyright law until 1990.”
“The business models that dominated the global recorded music industry in the second half of the twentieth century were based around record labels providing artists with access to recording equipment, mass production and distribution channels, marketing and promotion services, and remunerating them on a royalty basis.
Legally enforceable intellectual property rights and physical technologies that made controlled mass production and distribution of music possible (Bettig, 1996) were key factors in the rise of a handful of highly integrated, transnational music corporations that accounted for 90% of gross sales of recorded music in 1994 (Burnett, 1995, p. 2). Although developments in physical technology, such as cassette tapes and recorders, presented challenges to the industry’s ability to control copying, these changes occurred after markets, industry structures, professional organizations and group collection infrastructures had become established. As a result, the industry was generally able to respond in a systematic way and incremental developments in analogue technologies of copying did little to disrupt its overall structure (Frith, 2002).
In China, on the other hand, technologies for mass reproduction and consumption of recorded music became available in the absence of copyright law, an organized domestic music industry, or clear legitimate channels for the distribution of most foreign content.

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“Not only are new technologies being adopted with enormous speed across the country, they are being embraced fastest by groups traditionally considered most likely to pay for music in other markets. Young, educated city-dwellers with relatively high disposable incomes are now the group most likely to have access to broadband connections, cheap MP3 players and next-generation mobile devices.”
“So [record labels] have gone from the frying pan into the fire. They hadn’t even put a dent in pirate physical copies before P2P and MP3 downloading came along.” Kaiser Kuo quoted by Montgomery.

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“The dominance of a few developed nations in global trades in culture has led many to question the fairness of expanding global intellectual property system. According to UNESCO, developing countries account for less than 1% share of exports of cultural goods.”

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“While the traditional record label model isn’t exactly going through a golden age in the west, it never even had a golden age in the Middle Kingdom.” originally from The Register ~ Music in China (04.12.2009)
“While major international labels have been unwilling to invest heavily in the promotion of international artists in a market where mass-scale returns are difficult to secure, local artists and labels have been actively working to develop business strategies capable of generating income in spite of very high levels of piracy. One strategy for doing this has been to rely on personal appearances by artists, which cannot be replicated. As a result, there is less emphasis on producing popular albums, and more emphasis on gaining popularity and profile through single hits that lead to lucrative product endorsement and live appearance or performance deals”

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“In contrast to Western markets, where artist management and music are generally separate, in China assigning a record label with management rights is considered one of the most important aspects of an artist’s contract, forming a vital income source for domestic labels.”
“However, even for Chinese labels, relying on personal appearance and advertising revenue presents practical problems. Personal appearances have limited scalability. Neither advertising nor personal appearance fit well with the “long tail” approach, which, in other markets, allows back-catalogues to continue generating revenue for labels and artists long after the artist has been eclipsed by the latest trend.”
“China’s own capacity to capture commercial opportunities associated with music is increasing as media commercialization becomes more entrenched.”
“It is extremely difficult to make money by licensing copyright in China and gaining access to the market is expensive and difficult, so Western labels have devoted few resources to promoting their products to Chinese audiences.”

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“In China […] unauthorized networks for the distribution of physical copies of music are well established, independent monitoring agencies do not exist and users have demonstrated low levels of willingness to pay a premium for “legitimate” content.”

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“Unlike ring-tones, which are generally stored on individual mobile phones, CRBT [caller ring-back-tones] services are managed centrally, through mobile service providers.”

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“[Mobile phone] service providers, distributors, labels and music publishers share an initial ‘‘sign-up fee’’ when a subscriber first signs on to a CRBT package. After the initial sign-up fee has been divided between these parties, subsequent full monthly subscription fees are kept solely by China Mobile.”
“[Music] labels are in a position to connect artists with mobile operators, manage advertising deals and to ensure that publishing and performance licences are obtained – all key components of the music business in today’s China.” But very different from the western model of a music label.
“Although there have been some amazing stories of amateur musicians who have produced a hit ring-tone from their bedroom and made millions, commercial spaces are quickly being filled by large, vertically integrated content providers.”

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“In the case of the music industry, it appears that cultural policies that make it harder to publish foreign content, strict regulations governing foreign investment in content industries, and low levels of copyright enforcement have worked together to provide Chinese media businesses with space to develop effectively.”
“the success of new music distribution technologies and a growing capacity to provide local content in forms that satisfy the demands of local consumers, in spite of very high levels of unauthorized copying and distribution of physical media, suggests that copyright has not been the key impediment to the success of international artists and labels in the Chinese market.”
“Rather than falling victim to globally dominant exporters of intellectual property, China’s domestic music industry is successfully developing a market for local content, alongside its own capacity to provide the content and services demanded by Chinese consumers.”
“Unwillingness to adapt to an environment where ownership of intellectual property rights cannot guarantee control over how music is used and distributed, and reluctance to explore alternative approaches to music distribution and licensing have […] contributed to [the] lack of success [of major international record labels].”
“The apparent association between this distribution bottleneck and the growth of an organized, profitable commercial music industry in China highlights the continuing role of monopoly structures in the commercialization of culture in a digital age.” It’s true but I don’t like that.

About the author

Woitek Konzal

Producer, Consultant, Lecturer & Researcher. I love working where technology meets media in novel ways. Once, I even won an Emmy for digital innovation doing that. Be it for a small but exciting campaign about underground electronic music collectives or for a monster project combining two movies, various 360° videos, 72 ARG-like mini puzzles, and a Unity game, all wrapped up in one cross-platform app – I have proven my ability to adapt to what is required. This passion for novel technologies has regularly allowed me to cross paths with tech startups – an industry and philosophy I am all set to engage with more. I intensely enjoy balancing out my practical work with academic research, teaching, and consulting. Also, I have a PhD in Creative Industries, a M.Sc. in Business Administration, and love to kitesurf.

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