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Back to school with the RIAA

Riaa_logoThe Recording Industry Assn. of America launched two more educational campaigns this week aimed at elementary schools, middle schools and colleges. The group, which represents the four major record companies, is offering study guides and lesson plans to elementary and middle schools, and an instructional DVD to university students. I haven't seen the DVD, so I won't comment about it. All I'll say is that a person's basic sense of right and wrong is well developed by the time high school ends, and this is where the entertainment industry faces its biggest challenge. People who amass music and movie collections from file-sharing networks or copy them wholesale from their friends' collections in lieu of buying are either not seeing or not disturbed by the fundamental wrongness of their actions. And while the intellectual roots for that judgment go very, very deep -- according to this entry on ethics at Torah.org, the centuries-old definition of theft in Jewish law is obtaining anything without the real owner's knowledge or consent -- it's not felt instinctively by many music fans.

So the RIAA is doing the right thing by trying to generate an appreciation for copyrights among young students. You can see some of the material for grade-schoolers here. One goal of the lesson plans is to inject a new word, "songlifting," into the American lexicon, in an apparent bid to equate illegal file-sharing/CD copying with shoplifting. Ummm, aside from the fact that shoplifting is a state-law crime with modest penalties, while copyright infringement is a federal offense (typically civil) with disproportionately large penalties, I can see the similarities. In fairness, the word didn't spring from the mouth of an RIAA lawyer; according to the RIAA, it came from marketing students at the University of Houston. My main quibble is with the tone of the materials, which put more emphasis on instilling fear (spyware! porn! lawsuits!) than breeding respect. Net-savvy kids won't be stopped by the threat of malware, and the prospect of a lawsuit seems too abstract to affect them. Parents are likely to be more receptive on those fronts, but one thing the RIAA lawsuits demonstrate is how little control parents wield over their kids' Web habits.

I know the Motion Picture Assn. of America is mulling a new public-education effort, too. My sense is that both groups need to mount a long-term (think decades, like the anti-smoking campaign) effort to get across a point more basic than the tenets of copyright law. The missing piece here is the sense that music and movies have real value, regardless of whether they're reduced to bits or encased in plastic, and that taking something of value without permission is simply wrong -- particularly when there are many legal ways to obtain the same goods, including some that offer large quantities at low prices. There's always going to be a conflict between music fans' desire to share and the record labels' desire to be paid for every copy. And there are still some notable gaps in the lineup of legal products and services, especially when it comes to movies. But once students are sold on the basic notion that intellectual property has value, I think they'll be much more willing to support legitimate outlets for music and movies online.

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You know, I think I had (and have) a fairly well-developed sense of right and wrong. But throughout my '80s teen years, I taped songs off the radio, and with my dual cassette deck made many a mixed tape for myself and my friends. For today's teens, the internet is their radio and CDs their tapes, and the frenzy over the reproduction being "digital" is meaningless. If the RIAA and MPAA think guilt is the solution to their business model problem... well, maybe they need to rethink the business model.

The key difference to me is that file-sharing networks are more like jukeboxes -- music on demand. People pay to play music off jukeboxes, not off the radio.

It won't surprise you that I take issue with your premise. The thing
to remember about kids graduating from high school today is that
copyright law will look nothing like it does today (certainly not
from the consumer's POV) by the time these kids themselves have kids
in high school. So the problem is not instilling some abstract,
durable sense of "right and wrong." Rather than wasting money on that
(futile) campaign, the entertainment industry needs to meet fans in
the marketplace -- figure out how the instinct to share culture can
be monetized. Not by dumping guilt on the fans, but by wooing them to
new offerings that happen to yield money.

Just think about what copyright law looked like 30 years ago (if
anything, the rate of change will increase over the next 30). Home
taping off the radio and dubbing LPs to cassette was a hot button
issue (with *exactly* the same rhetoric as we see the RIAA using
today). The ultimate resolution? Congress changed the law to make
both legal (AHRA). The VCR was also contested copyright ground 30
years ago. The ultimate resolution? Changing business models made the
issue largely irrelevant to consumers, who found it became easier to
buy than dub rented tapes. Cable television? That was also "stealing"
in the 1970s (altho the arguments were leveled at the cablecasters,
not viewers). Solution? Compulsory licensing. Moralizing is just as
futile and misguided an approach today as it was in 1976. It's not
the message of "home taping is stealing" that has survived, after all.

So think ahead 30 years. Copyright laws and business models will have
changed such that fans are allowed to do *exactly* what they're doing
today -- sharing culture with their friends. Sure, a payment will
almost certainly have been built in somewhere (ads, subscriptions,
integrated billing, etc), but it will *feel* free. Fans won't be
trying to figure out whether/how creators are being paid (they never
have) -- they'll be enthusiastically sharing art that means something
to them.

With any luck, all this "song-lifting" nonsense will be remembered as
just as quaint and naive as the anti-home-taping messages of the 1970s.

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Times editorial writer Jon Healey pens opinion pieces about a variety of business issues, and blogs about technologies that are changing the entertainment industry's business model.

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