Copyright (was: alleged... behavior)

Israel Stein custos3 at comcast.net
Sun Mar 2 08:44:09 MST 2008


I am changing the subject line in order to minimize inflammatory 
language and promote a civil discussion of this subject.

At 04:33 AM 3/1/2008, Dean May wrote:

>As far as the premise that distributing information electronically 
>for free detracts from sales and royalties, the whole Napster 
>episode seems to demonstrate otherwise. At the height of all the 
>music file sharing where people were getting music for free the 
>sales of music went through the roof. While it is true that some 
>utilized Napster to rip off the music companies and get all their 
>music for free, many more simply used it to preview music before 
>going out to purchase their own copies. The result was more $$$ in 
>the pockets of the music industry. They only shot themselves in the 
>foot by shutting Napster down.

That analysis is hardly applicable to the current problem of Pierce 
Piano Atlas. The recording industry was taking advantage of its 
ownership rights over a product that appealed to a wide worldwide 
audience counting in multiple millions of potential buyers, by 
keeping prices on CD's artificially high and restricting distribution 
by making the music available only in an album format - which forced 
buyers to pay for music they do not want in order to acquire music 
they want. Had the recording industry been smart enough to allow the 
sort of distribution model represented by i-Tunes, Napster and all 
that other stuff would have never gotten started - or never would 
have caught on in a big way. While the popular recording industry 
suffered a reduced profit margin as a result of file-sharing, some 
specialty labels with small distribution - such as classical - were 
forced to shut down because the reduced sales made the business 
unsustainable. Others reduced operations. That's a major loss for 
some music lovers, for musicians, for orchestras and opera companies 
- and indirectly, for us...

A much more relevant example is what happened to the music publishing 
industry as a result of its product being copied through new 
technology. It is a shadow of its former self. Sheet music is only 
available commercially for the best-selling old chestnuts - because 
carrying inventories of slower-moving items is financially 
prohibitive (there are commercial space and tax implications), and 
whatever is available is exorbitantly priced in order to account for 
all the copying that inevitably happens from each purchased copy. So 
now, instead of going to a music store and being able to find a wide 
variety of reasonably priced sheet music often available as single 
works (rather than collections), for most music one must go to a 
specialized music library (typically at a university or conservatory 
- restricted access) and make copies at a high per page cost (because 
they don't allow the stuff to circulate - for obvious reasons).

The potential clientele for Pierce is very limited. Piano 
technicians, piano dealers and salesmen - who else? In the US, that's 
a maximum of what - 15,000 potential buyers? 20,000 potential buyers? 
Over the lifetime of an edition priced at  $36 - that's $720,000. If 
you subtract the costs involved in production, promotion and 
distribution and divide that by lifetime of an edition, you end up 
with not a terribly large annual figure. Maybe it's worthwhile to 
keep the old edition going as long as people are willing to buy it. 
But would anyone do the research and reformatting that an updated 
edition would require? I don't know... In any case, I suspect that 
any significant drop is sales volume would make this business not 
worth maintaining - especially since the owner has other sources of 
income... And this is why, I suspect, he has not created an on-line 
version of his database - because that would likely kill an awful lot 
of further sales. I suppose an electronic edition on a protected disk 
(a la Ancott - who, by the way recently ceased operations) might be 
something he should explore...

Now, David Boyce in his message titled "dating pianos" states: "But 
the internet has brought, and continues to bring, a "paradigm shift". 
So much is available on there to be found out, on any topic, and 
increasingly people tend to go straight there and dig for themselves.
I'm pretty sure that the quantity of piano-related information 
available on the internet is going to increase, and it may not be all 
that long before someone puts a website together that has much of the 
factual information in the piano atlases."

All very true. But this is a short-term, unsustainable phenomenon, in 
my opinion. Much of it has to do with the novelty of the on-line 
medium and the availability of  large amounts of "low-hanging fruit" 
- information that is readily available and can be transcribed, 
digitized and posted without too much effort. So lots of folks who 
think that they are providing a valuable public service post all this 
on websites - just for the fun of it. But, information that needs to 
be laboriously collected, verified and put into some sort of usable 
order is not quite so attractive to these information Robin Hoods. I 
suspect that as the novelty of the Internet wears off and further 
posting of information would require extensive research, this 
"information sharing" will slack off. Very few people have the 
resources to spend large amounts of time and sometime money to 
actually dig for information from disparate sources for no 
compensation. But unless some new business model emerges where 
researchers and compilers could somehow be compensated for their 
efforts that are posted on the Internet, the results will be much 
like the results of copying sheet music. At first there is the rush 
of "wow, look at all the good stuff we can get without paying for it" 
followed by "why can't we find anything we need any more? Everything 
on the Internet is at least twenty years old! Where's the current 
data?" Well, there is no longer any incentive for anyone to compile it...

So I suspect that it is in our interest to make sure that some sort 
of adequate financial incentive remains to compile and publish 
information about the ages of pianos from 1996 going forward. Because 
in the current information climate as David Boyce describes it - it 
just ain't gonna happen unless some independently wealthy guy with 
lots of time on his hands who just loves pianos undertakes the job. 
Or some foundation endows the work.

I repeat - there is no free lunch. You either pay now, or pay later. 
Sooner or later it will catch up with the Internet too...

Israel Stein

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