The video from the November 19 Berkman discussion of the intersection of Hollywood and the Web is now up.

Here’s the panel discussion before screening of We Made This Movie, with Rob Burnett (the movie’s co-writer/director) [twitter:robburnett1], Elaine McMillion, and me, moderated by Jonathan Zittrain.

After the film I led a Q&A with Rob:

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I greatly enjoyed last weeks’s Berkman Center event about some of the ways the Web is affecting the movie industry, which included a screening of an indie movie that has been released only on the Web.

First here was a panel discussion with Rob Burnett [twitter:robburnett1], Elaine McMillion, and me, moderated by Jonathan Zittrain. Rob is the executive producer of “The Late Show with David Letterman” and the director and co-creator of the new indie movie We Made This Movie. Elaine is a Berkman Fellow and is orchestrating a crowdsourced, interactive documentary called Hollow. Jonathan Zittrain is extremely Jonathan Zittrainy, which is a wonderful thing. We talked about what the Net is doing to movies, and you couldn’t ask for two more insightful commentators than Rob and Elaine, led by the Best Moderator in the Business.

Then we watched Rob’s movie, which I loved. [Disclosure: I did a little free consulting about the Web release.] The movie is hard to describe, which is a good thing, but it’s funny, engaging, touching, and deeply clever. In fact, it transcends its cleverness, but of this I can say no more. It’s also got an incredibly talented ensemble cast that made me think of Diner. Go to the movie’s site to find out how to see it online. (Hint: It’s on iTunes.)

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From a post by ireadfaux at Reddit.com:

So a couple of days ago Bieber’s album ‘Believe’ went platinum. Twitter blew up about it and millions of his followers were congratulating him – as they do….

But here is an interesting thought….

A platinum album is 1 millions sales….

Bieber has 25 million twitter followers….

So only 4% of his supposed fan base have bought the album.

If you look at his facebook fans, he has 45 millions, so thats only 2.2% of those that have actually bought it.

But why would he care….he is a youtube partner and has had over 2.7 billion views of his videos….paid at an average of $1.25 per 1000 views for youtube partners…. thats 3.3 mill from just youtube views.

Just thoughts.

Pre-Net, a lot more people would have said they liked an artist than would have bought the latest album. You would listen on the radio or watch when they came on TV. So it’s hard to know if much has changed, if only because as far as I know we don’t know how many people liked, say, Elton John, versus how many copies of his LPs sold.

Nevertheless, the current statistics are puzzling. Are fans getting their fill of The Biebs on YouTube? On Spotify et al.? I somehow doubt that 24M fans torrented the album. Is “Liking” Beieber more of a tribal identification thing? Compared to pre-Net, is the fan-performer relationship basically the same, radically different, or somewhere in between?

I dunno how to explain these Bieber stats. And I don’t know how to know.

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TITLE: [berkman] Brad Abruzzi on authorship and publishing
BODY:

Brad Abruzzi, author of the NJ Famous Turnpike Witch, a novel I really liked, is talking about the trajectory of authorship, at a Berkman lunch.

Brad says that he’s not a success story. If you want to know how to make millions, thousands, or even hundreds, you should write a book about how to write succcessful books. Or vampires, he says. Instead, he’s going to give us thoughts about authorship and publishing.

He says he was in his first year at law school, interested in the history of literature. He wrote a note titled “Exploitative publishers, untrustworthy systems, and the dream of a digital revolution for artists. ” It was based on Marxist historical theory and sketched three phases:

1. Feudal: pre-modern, from antiquity to production publishing. It relied upon patrons who offered a living wage, and could bring interest and favor to the works. In return, the author might offer a celebration of the patron in the work. Or, Virgil who established the lineage of Emperor Augustus all the way back to the gods. Or dedicate the work. Brad points to Sterne’s dedication in Tristram Shandy. But this arrangement produces resentment: the authors feel they are the creators, but the patrons take some of the glory. (He reads a scathing letter to Chesterfield from Samuel Johnson in response to a request for a dedication, who lived on the cusp of Phase 2.)

2. The industrialization of publishing. It put the means of reproduction (Marxist pun intended by Brad) into the hands of the publishers. Thus, authors were once again dependent. This is because there’s always a super-abundance of manuscripts trying to get into the market. This selection process has of course become highly professional. “The problem is that we didn’t choose these people to be the gatekeepers…Ultimately their responsibility is to their shareholders.” This works better than the Feudal system, but the criterion is what an editor thinks will sell. (Brad points out that his work was rejected by publishers.) “The superabundance problem persists.” There are now two barriers of entry to works of fiction: Works have to come from literary agent before publishers will consider them. “If you want to be a writer, you’ll probably be better off writing for yourself and buying scratch tickets, because you won’t be as frustrated when the scratch ticket tells you that you’ve lost.”

So, he asks, is there any hope for someone like him, who thinks his works are good but who cannot get a publisher to publish them? Yes, he says, digital publishing is the hope. “We can make our works directly available to readers. We don’t need publishers any more.”

But, readers rely on publishers to winnow away at the super-abundance of manuscripts. Without publishers, “we move the slush pile to around the ankles of readers.” “We can create a ground-based, critical reader culture” in which people can publish their own reviews, accrue authority, etc. “Amazon does this a bit of course…but we can be more substantive than that.” “Everyone has the means of reproduction. So, hooray.”

So, why did it take him 11 years to publish his own work? “I’ve got all sorts of excuses…but the truth is that traditional publishing offered a better prospect for me.” First, digital reading hasn’t been as appealing. That’s obviously beginning to change. Second, publishers put their chosen works on the fast track. If you can get two people to like your work — agent and publisher — you can cut to the front of the line. So, he tried for ten years to sell his books. His agent was very good at getting flattering rejection letters from publishers. His first novel, In Defense of Cactus Kelly in the late ’90s, didn’t get a publisher. He blogged the second book — NJFTPW — and added popup multimedia. But no one came.

Time passed. Self-publishing became a more promising prospects because of the emergence of digital marketplaces where people can find what they want to read. At certain point, he decided to just publish NJTPW. He uploaded it, pressed the buttons about royalty schemes, and it’s up on Amazon. “But then there’s the super-abundance problem.”

The book is currently at #164,296 at Amazon. A couple of days ago, it was over #300,000. “It doesn’t take much to bump up your book.” “If you can use social media to overthrow an Egyptian dictator, you can probably get people to buy my book,” Brad says, adding “These are probably at comparable levels of difficulty.” He has a handful of followers at Twitter. He’s posted some ads at Facebook, and has 421 Likes. “But Likes on FB don’t translate to sales and reading of your book. Maybe they translate at a 1% rate.” Brad isn’t willing to conclude anything about the effectiveness of social media, since he is “ham-handed” in its use.

He shows his sales from the last month on Kindle, which was his worst week: 4. But in the three days he had a promo offering it for free, he had 350 downloads. The promotions get you channeled into Kindle’s promotions. During the promo, he was in the top 20 for literary fiction, along with public domain classics. He thinks he did that well in part because he has all 5-star reviews [one of which is mine].

This gets him thinking about the reader-based review culture. People do write blog posts about books, some on book sites. “Even the reviewing culture suffers from the super-abundance problem. If you want a good book blogger to review you book, you have to pitch them.” The Kirkus Indie program wants $425 to review your book. “I stand here fairly clueless…but hopeful in a general sense that we’re on the cusp of creating a situation in which publishers are not the final answer….Readers need to believe that books that are not traditionally published can still be a good book. Readers need to look outside the walled garden.” “Writers need to trust that readers will do these things.” If so, those who own printing presses won’t get decide what we get to read.

Q&A

Q: How did you pick Kindle, and not Nook, etc.?

A: It was my choice for an initial platform. You can participate in Amazon’s free promos if you commit to exclusivity to Kindle Select for 90 days. It also lets your books be lent for free to Kindle Prime program. You get paid pro rata for those loans. I am thinking about printing on demand.

Q: In the spiritual self-help area, a lot of people promote their books via their blogs. They refer to one another mutually.

A: I experimented with posting at FB under the name of the Turnpike Witch, trying to get this character communicating with people.

Q: I appreciate your intersection of analysis and emotional experience. What you say about publishing is the same as in music. And Louis C.K. And Patton Oswald a couple of days ago gave a keynote called “A Letter to Gatekeepers,” saying that if they continue to think narrowly, they’ll kill their industry. Also, on FB you can pay to promote your post. Finally, people want to participate in things that other people are participating in. That can work for us or against us in the attention economy. Finally finally, a combination of all three of your phases: fan-funding, kickstarter.com, etc. This gets people in as patrons, and then they evangelize for you.

A: Publishers encourage you in their rejections not as a tactic to maintain hegemony, but because they’re being polite. BTW, my agent left the biz, and went back to school in anthropology.

Q: What about copyright? People can disseminate it without your knowledge. We’re looking at self-publishing because the royalties are better, but are you protected?

A: I’d take the trade in a minute. It’s not a coincidence that the first copyrights were given first to the publishers (“stationers privileges”). They wanted to avoid undercutting each other, and the Crown wanted to keep an eye on what was being published. The copyright concerns come first and foremost from publishers…

Q: Creative people are concerned also.

A: I won’t say categorically they’re not. But many of us would put it out for free, since I’m not depending on my books to make a living.

Q: [doc searls] Cluetrain is free online but still sells well. But, Brad, why not just make it freely available in an open format, and put out a tip jar? How comfortable to do you feel inside the silo that is Amazon?

A: I’m trying to understand how useful it is to have Amazon. It might be a deal with the devil.

Q: [me] How many of you here in the audience are going to buy the book? [About 5 hands go up.] Why not?

Answers: It’s not on Nook. …I’ve got too much to read…I don’t know enough about it…

Q: Publishers play an important curatorial function. I’d love to circumvent it because they look for a formula. But putting it on line isn’t enough. Where is the inter-connect?

Q: I edit an online literary magazine. Finding folks who are already reading at open mics, making a connection is great. We have gatekeepers of a sort, but they’re made up of writers and readers already in the community. Also, there are independent publishers who are not motivated by profit. Getting the novel excerpted in a journal like ours helps. Also: BestIndieLitNewEngland.org There’s something inbetween self-publishing as an individual and commercial success. There are communities.

A: Yes, my social media work was aimed at reating a community.
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Q: Have you tried open mic readings? Or do you need to be a published author?

A: One of the reason I write is because I do it better than I speak. A judge once told me to find a job where I write things to people, rather than talking to them, I elected to take it as a compliment. I still see myself as someone who’ll put something out and broadcast it, stand behind it. T’hat’s not getting me to where I need to be. I thought maybe I’d get NJFTPW out of the way so I could write the next thing to submit to a conventional publisher. Now I’m not sure. I’m trying throwing our more content.

Q: Your expectations of traditional publishers are overstated. Publishers often do nothing but print. Also, digital publishing has taken us to a place as bad as traditional publishing. Charlie Stross (sf writer, former sw guy) has an excellent analysis of what Amazon is doing to the market. Single publisher, single format, own their own hardware.

A: Traditional publishing has worked wonderfully for us. People can make a living as a writer. The Amazon issue is a trade-off, which I re-examine all the time. People complain that there’s too much junk at Amazon., e.g. people re-selling Wikipedia content. Rather than putting in a spam button, let people write reviews.

Q: I’m writing a book for a publisher. Even with a publisher, it’s up to the author to build a market. I’m writing a memoir of my father, a queer poet, self-published before the digital age. It was all shoe leather: printing stuff up, going to bookstores, doing readings. It was about finding community, promoting writers like himself, and putting out ideas.

A: Copyright is an incentive for people to do something creative, but I don’t think it’s anything close to the whole ball of wax. E.g., I enjoy communicating to myself — re-reading something I wrote when younger. But, more important, I want to communicate something.

Q: My new startup is trying to enable readers as reviewers. Our tech helps lend credibility to reviews. Self-publishing has grown 400% since 2010, approaching a $4B market. Your 2001 article described the problem perfectly.

Q: I’m intrigued by the two sides of your personality: button-down and creative. This book is very readable. Could you get a celebrity do the reading?

A: I think a lot of this has to do with authority. People with broader authority can move copies.

TAGS: -berkman

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I’ve now finished Brad Abruzzi’s New Jersey’s Famous Turnpike Witch. It ends well, although not in the sense of tying up all the loose ends. But, then, it wouldn’t. Here’s my review. Here’s where you can download it. It’s awesome.

I sent Brad some questions. He responded:

Q: How long have you been writing fiction? What have you written before?

This is my second novel. I started the first in the summer after my college graduation. It was an effort to channel my postgraduate “what now?” angst into something constructive and interesting. I’d describe it as an anti-coming of age novel, framed as a typewritten manuscript sent to select media outlets by the notorious (and, as he explains, accidental) Rust Belt revolutionary fugitive title character, John “Cactus” Kelly. Cactus Kelly hopes to explain how he didn’t mean to start the Steeltown riots, that he has not endorsed the radicalized youth movement that has taken up his name, and that he was only trying to parry his father’s attempts, via armed “contractors,” to see him kicked out of the family home and flushed against his will into a productive life. And of course there’s a Gila monster that introduces all sorts of plot complications.

I burned through three literary agents with In Defense of Cactus Kelly, and though I got some very polite and encouraging rejections from editors, I never managed to place it. It probably didn’t help that “Cactus Kelly” was also the name of a prominent “foxy boxer” in Colorado. I had no idea there was such a thing as foxy boxing, or that anyone could be prominent in that trade.

Q: Do you have a particularly strong connection to the NJ Turnpike?

I do now. I actually grew up in Ohio. But I went to school in New Jersey, and I travel that road a heck of lot to visit in-laws in Virginia. As I look back, I’m not sure where all this came from, except that I’ve always thought it was awesome that New Jersey names its Turnpike Service Areas after its prominent native sons and daughters (no foxy boxers, as yet). I’m sure Walt Whitman and Alexander Hamilton would be thrilled to know that their names have been conscripted into service for the peddling of pizza-flavored Combos and Arizona Iced Tea. And for hosting those “drop the hook and win a prize” games that we know we can’t win, but for whatever reason we can’t resist taking a shot at them, when we’re on the road.

Q: Why didn’t you publish with a traditional publishing house?

Um, you’d have to ask them. Or you’d have to ask the agents, because I didn’t even clear that first barrier to publishing. I went the traditional publishing route with IDCK, and though I was ultimately unsuccessful with it, I had lots of interest, including the aforementioned three literary agents — so much so that when I started writing NJFTPW, I was (naively, presumptuously, wrongly, stupidly) thinking of it as a “second book,” such that I’d have more license to run wild with characters and plot. Turns out that was not the case, and it’s been a struggle even to get agents to read the manuscript. My third and last agent for IDCK left the business to study anthropology. He was my best (read, only) advocate with ties to the business, and I was pretty adrift when he told me he was quitting. He was looking at NJFTPW at the time, but he’d just had enough of the business. You’d have to ask him why he left, but it may have had something to do with the uphill battle he was having selling writers he liked.

I’ve been advised by professionals that the problems I’ve had selling NJFTPW is that it doesn’t fit easily into any particular fiction bucket. I don’t know if that means it’s just too whacked out, that it’s not susceptible to the genre labels (satire? humor? literary? po-mo?), or that it’s just not about vampires, Templar Knights, and/or the young woman trying to find love in the Big City. But in retrospect, I think I understand why. The truth is, I’d started this book in my first year of law school, and as best I can figure it, I was grappling with the meaning and consequences of having made the first practical decision — concession? — of my life. So I reserved a pocket of my life to be decidedly impractical, and at the same time I was studying Torts and Contracts, I sat down and wrote Chapter 1, about my disillusioned diva performance artist in traffic. And so now I’m paying for that impractical decision. And that’s fine, because I’m happy with this book.

Q: How has the reaction been?

Well, you know. There’s not exactly a marketing machine behind the book right now. And The Witch isn’t positioned at eye level on any bookstore’s New Fiction shelf. As someone who had a go at blogging and was able to use Google Analytics to track and identify the entirety of his readership in real time (“Hey: that’s my high school friend in Texas.” “Wait: who’s reading this in Florida? Oh, right, Mike’s on vacation.”), I didn’t carry into this the highest expectations of “going viral.” And writing and sending “buy my book” spam isn’t something I do well — I can write a query letter or blurb, fer shurr, but it’s not my strong suit. So I’ve tried to have fun with it. The Witch has a Facebook account, a Twitter account, and now and again she’ll surface to say a word or two about national affairs or pick a fight with her Creator. We have a lively back-and-forth, she and I, and it does absolutely nothing to improve my sales figures.

But I’ve got a couple strong reviews on Amazon, and I have your very flattering and thoughtful words, so onward and upward, little by little, I guess.

I do have this from my wife, who recently broke her pledge not to introduce complications in her marriage by reading my books: “You should go back to writing poetry.” I’m finding ways to take that as a compliment.

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Forum d’Avignon is an annual get-together in France to talk about culture, by which most of the attendees (and especially President Sarkozy who came to give a speech) mean how they can squash the Internet and retain their stranglehold on culture. A little harsh? Maybe, but not entirely unfair. I went last year, and both Jamie Boyle and I felt so oppressed by the relentless Internet Fear exhibited by the other presenters that we felt obliged to say, “You know, there are some good things about the Internet also.” We also both found a cadre of fellow travelers among the attendees and a handful of the other presenters, including many of the conference organizers. (Here’s a set of my posts from the Forum.)

The Forum today invited a set of people to respond to four questions. The first question is: “1. Does culture / creative imagination give you a reason to hope?” With the above as context, here is my response:

Of course! If not culture, then what would give us reason to hope?

There are a few elements coming together that make this an especially hopeful time…and a few elements that I take as cold water being thrown in the face of hope.

The elements of hope include: (a) the scale of content, (b) the intense inter-linking of that content, (c) the growing open access to that linked content, and (d) the new forms of collaborative sociality that are emerging that (e) value difference and disagreement.

(a) The scale means that we now have works that can matter to us in any way we can imagine, rather than relying upon centralized authorities to decide what counts. Of course, from those centralized sources we have gotten great works of art, but we have gotten far more gross, coarsening, commercial crap. (b) The fact that these elements are linked means that we can now explore ideas all the way to the ends of our curiosity. It also means we can continuously derive new meaning from this interlacing of ideas. (c) Open access – the growth of outlets that may or may not be peer-reviewed and edited, accessible to the world for free – means that our best ideas are not locked up where only the privileged can view them. (d) The availability of these works on the very same medium that enables us to form social networks around them – the fact that the Net is equally good as a means of distributing content and as a social medium is unprecedented – has spurred innovative new ways of working and being together. Some of these new social forms have tremendous power, and are tremendously engaging; we can do things together that we never before thought possible. (E) Finally, the Internet only has value insofar as it contains and embraces differences and disagreements. A culture that does so is far more robust and far less oppressive than a culture homogenized by a timid sameness – the sort of lack of adventure characteristic of mainstream media.

Against this we have old industries that benefited from the scarcity of works and the difficulty of distributing them. They view culture as the set of cultural objects, and believe that they are entitled to continue to restrict and control access to them. They say they are doing this in order to support the artists, but they in fact are pocketing most of the artists’ wages in the name of services we no longer need these industries to provide. Culture flourishes when it is open, abundant, connected, engaged, and diverse. Such a culture supports artists of every sort. The culture of hope is just such a culture.

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Neelie Kroes, Vice-President of the European Commission responsible for the Digital Agenda, has become a lonely voice trying to protect the Net’s most basic values. At a cultural ministers’ meeting held in Avignon last month, she had the temerity to suggest that the copyright system is not working to protect the rights of creators or to spread culture. Now she is suggesting that the Net can actually help the forces of freedom and democracy around the world. This new speech not only makes the case, it seems to have paid attention to the debate over previous claims that the Net is overall a positive political force, not merely a neutral technology, and not primarily a tool of oppression.

Neelie gave her full speech in Avignon in a closed door meeting, but she presented a version of it the next day at the Forum d’Avignon, which I was at and live-blogged. At the time, it struck me as certainly better than the copyright totalitarianism espoused by President Sarkozy, the values of which were mirrored by most of the participants in the Forum. But I thought Neelie was proposing nothing more interesting than adjusting copyright law so that more money went into the hands of more artists, rather than addressing the imbalance between the rights of creators and of the public. But I’ve been convinced by European friends, particularly Juan Carlos de Martin that I’m failing to hear her remarks in the right European context.

So, go Commissioner Kroes, go!

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Trurl at Metafilter posts about Scarlatti’s piano sonatas, a composer I haven’t spent a lot of time with, probably because of some bad, cheapo LPs I bought randomly when I was in college. But Trurl’s got some recommendations and some links to YouTube performances. The comments to the post have more discussion, more links, discussion back and forth about Bach versus Scarlatti, questions about musical notation, and so forth.

So, I’ve spent far more time this morning learning about Scarlatti, poking around sites, listening to his music, than I had intended or even imagined. Indeed, I had intended to spend zero time doing any of those things. Scarlatti happened to me this morning. Thank you, Internet!

As we contemplate protecting the rights of artists and enriching publishers, we ought to be thinking first: Yes, but how do we let more of that happen?

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Notes on the first afternoon session. I was in the first half of this, which I am not blogging. It was ably moderated by Eric Scherer of France TV. (He looks ahead for them.)

Eric asks Cynthia Fleury (philosopher): What would the Net be like without curating? We would never find out. There is no walk in the woods without a path. The idea is that this puts innovation on the periphery. But it should be in the center. 45% of Net users speak English. The typical user is male, under 35, a graduate. The network architecture revolves around the US. Only 2% [of what] is accounted for by African countries. Cultural diversity is limited, affecting curation. There are positives: A more open public space. We are all our own media, as Castells has said. Chomsky’s logic is still there, however. Friedman’s statement that the world is flat is wrong; the Internet creates more concentration and relief through curation because these aren’t open systems. FB brings you into contact with people you already knew. At the same time there is no culture without cultural co-creation. There is a utilitarian approach here; people go through three pages of Google and stop. Also you’re under pressure of breaking news, rumors, low-quality voice. So curation is important. So use different search engines, go beyond the 50th page of results. But, as PAscal says, the ground has to be prepared — you have to be open and ready to discovery. I am interested in our ability to destructure mediation — go straight to a source, bypassing the authorities. Demediation. Then you remediate: you check what you have against what the mainstream media say about it.

The former head of Google France gets asked if someday we’ll know more about the Google ranking algorithms? He says the algorithm will enter the public domain in 2014. They’ll try to keep it secret as long as possible. There’s so much at stake that it is a strategic choice by Google to say as little as possible.

Can there be neutral listing? Cynthia: No. Maybe there are good reasons to become transparent.

Gilles Babinet (Pres. opf French National Council of Digital and Eyeka). Google is a Western thing. But emerging cultures have lots and lots of mobiles. Also: I find fascinating the polarization of Net and the art. When you create a new web site, you are close to artistic creation. You have to avoid this idea that art and the Net are partitioned. It’s like the Salon that didn’t want the Impressionists; that what we have to avoid.

Gilles: I don’t know if any other country has as rich a cultural heritage as France. The French National Council ought to be making the most of it. As Pres. Sarkozy said, trying to control things is reactive and will cost more energy than it’s worth.

Cynthia: What’s most interesting about Internet: The balance between expertise and transmission. If you have successful curating, it means money to some, and learning and power to others. That’s the history of transmission. We need to have a certain amount of lack of understanding because that’s what keeps us interested and pulls us forward. The Internet is calling expertise, intellectualism, and commitment into question.

Gilles: The Americans tells us they need to find a way to protect cultural goods just as they protect technical goods.

Cynthia: Obviously I agree with that. Indigenous knowledge must enjoy IP protection. It’s crucial to know who the author of a work of art is. And it has to be passed over into the public domain.

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They move us into the grand hall — vaulted ceilings — for a talk by Pres. Nikolas Sarkozy. Sarkozy has not exactly been a friend of the Internet. The last time I heard him talk was at LeWeb when he was a candidate. Among the three candidates who spoke there, Sarkozy’s talk was clearly the most hostile to the Internet, viewing it primarily as a site of gossip and slander.

President Sarkozy: I was going to give a prepared speech but instead will speak off the cuff. Never before have cultural protagonists — politicians, heads of gov’t — had to make so many efforts to come up with imaginative, new responses to the challenges that humans have never had to face before. I know my presence here surprised some observers. Why talk about culture in such a crisis? Because culture is the bedrock, and the bedrock of our response. The French response to the crisis is to invest massively in culture and anything having to do with culture. That is the French way of doing things. France believes that cultural goods are essential goods. That is the basis of the choices we have made. To live, man needs to feed himself, be healthy, and needs culture. France is the only developed country that has not cut into its cultural budgets — and around in Europe cultural budgets are being cut 20, 30, 50% — but we have increased those budgets.

I’m an optimist. The world has never needed cultural protagonists the way we do now. You give life sense, you build links, you create collective sense. The offshoot of globalization is that citizens need a sense of belonging to their country. What better way than through the adhesion to one’s culture.

Why have we had to show such boldness? Because all cultural protagonists are facing a crisis of distribution. This is a matter of extreme seriousness, if we consider — as I consider — it is no service to culture to say that it is free for all. The disappearance of traditional distribution methods threatens traditional culture itself. You used to go to a record store or a DVD store. That is shattered. So, we have to reengineer a viable economic model from A to Z. This is not simply a matter of imaging. You have to be courageous. I will be blunt. I have always believed that there would be no form of creation if there were no longer to be respect for upholding and respect for copyright and author’s rights. This is of the essence and shapes all the rest.

Bon Marche invented the very concept of author’s rights. A musician has ownership over the music he writes. An author has ownership over the book he publishes. To deny the ownership of artists on their work amounts to negating all forms of creation. What was the status of creators before they had ownership? They were simply court jesters. Those were the lucky ones. Your predecessors long ago might find a benefactor who fell in love with a particular musician’s works and would protect him. What enabled artists to break out of that yoke? What give musicians and writers independence and freedom? What enabled them to recovery their ownership. Copyright. The idea that you could live on the benefits of what you created. There is no independence when you rely exclusively on the genersoity of benefactors.

I am determined not to accept that a tech revolution, even as positive as the Net in other respects, should call into question the ownership rights of a creator over his or her works. To challenge that is to acknowledge anuy economy of culture.

Why is it so complex? I remember the 2005-6 debate where people on my side said you shouldn’t defend these ideas even if they’re right because youth will rise up against you. But one should not renounce one’s beliefs simply because you have to explain things to people before you persuade them. I even had people say I would lose this election if I did not understand this extraordinary revolution that has turned all on its head. We imposed, against much resistance, legislation (HADOPI) against piracy and to protect author’s rights.

I don’t want there to be any ambiguity, so I want to respond to those who ultimately believed what I believe, but decided not to defend a just idea for political reasons.

First, I was indeed elected as president. One can uphold copyright without alienating the majority of people. People are down to earth and can understand if you explain it.

Second, I was told I lost that war. Piracy is part of people’s lives, I was told. When I saw certain sites where daily newspapers were offering their articles free and people weren’t buying the paper any more. How little respect you have for what you do! And how stupid to think that people would pay for what they would get for free. Within a few months of HADOPI, there was a 35% drop in privacy, so the battle wasn’t lost. The internet society has to be guided by rules, just as real society is. The great USA went about it our way. NZ, S Korea likewise. The battle is not lost.

Now we have to tackle the streaming web sites and there is no reason not to do so. What was ambiguous was that p2p pirating was based on an ideology that was based on an initially positive ideology: sharing. The approach wasn’t in and of itself negative. On streaming sites the ideology of sharing has gone out the window; they’re about making money.

They claimed I’m a fanatic. But HADOPI is just a means to an end. Tech is evolving, so the law must too. All we want to do is protect author’s rights. Once the principle of protecting author’s rights is enshrined, why not?

And at the Digital E8, I said lets invite the Net giants to talk with us. I was told that they’d think we’re trying to gag them. When you invite people to talk, you’re not gagging them. So, we sat down and talked, and there was no tension. The idea is not to protect our backyard but to pull these worlds together. The Net revolution is a phenomenally positive development, but we need to talk. And to utter the forbidden word: Taxation. [Google pays no taxes in France.] I cannot accept that these companies pay no taxes in France. You can’t have all your clients in one customer and your team in another customer, and pay taxes ina third country where the taxes are the lowest.

We can support this Net revolution while still talking with Google, Zuckerberg, Microsoft, and talk about author’s rights, taxations, the fact that the latest Marakesh bombing was done by someone who discovered how to make a home-made bomb on the Internet.

In our mind, there isn’t an opposition between the Net world and cultural world. There is a need to get together, speak the same language, lay the foundations for an economy that is viable for Net giants and creators and that doesn’t ruin what the creators create. Culture is an investment that will get us out of this crisis, not a mere expenditure that one can cut back on. Culture is not a luxury. So, I felt it my duty to be here you in this beautiful city, even though there are heavier burdens to shoulder.

Q: I’m a Bollywood actress and writer. I am French. I am also Indian. Completely both. For me culture means the ability to choose among our own passions, and not the ideas that are fashionable. For this we need cultural diversity. So: What is culture?
A: For me, culture is meaning. “Culture is the response one gets when one wonders what one is doing on Earth?” [He's quoting someone I couldn't get.] What gives our life meaning. There is a spiritual and cultural answer to this. Culture is the only area in which there is no notion of progress because culture is the only way man has found to better his condition. When you go to L’escaux Caves you realize it’s the Sistine Chapel of the time — the same sense of transcendence, getting man out of the Kantian chains that bind us. If I take off my head of state cap, I would simply say that culture is an investment. France welcomes 20M tourists a year. What would France be without its culture? If I look at it as a politician, culture is what binds a society. It is the lifeblood. It is why men and women do not know one another share common emotions. Without culture there is no sense of nationhood. If I were to speak as a reader or listener, culture is emotion. A special sort of emotion experience by the composer or writer, but that has universal value. The more personal the feelings expressed, the more unique, the more universal. And, to come around full circle, how can you define culture as what it is not. It is not that extra bit of soul — I hate that expression — for the well-fed society that can afford it. It is not part of the whole. It is the whole. From culture you achieve cohesiveness. You don’t have life and then the spangle of culture. Culture is our identity. Finally, what is culture not? It is the very opposite of sectarianism, of the accepted dogma, of conservativism, of the sheep mentality, of the Pavlovian reflex, of the automatic geographical alignment, of the concern for image at whatever cost.

Q: I am an American anthropologist from India. It is music to my ears to hear that music is a necessity. If there were no investment in culture, my discipline would disappear, which would not be a sorry for the world, but would be for us anthropologists. When you make it clear that culture is a non-negotiable priority even or especially in this time of fiscal crisis, how can make this argument in other countries? Can you draw on your experience with other locations?

A: Need only look at what has happened throughout the world. When the Spanish steel industry was swept around, the city of Bilbao was ruined because its economy rested on it. They made a tremendous wager, betting on architectural quality (Frank Gehry) and culture (Guggenheim Museum). Bilbao generates 220 million euros because of this. Bilbao was saved by cultural investment. When Germany reunited, they decided that the capital would be in Berlin, and built an exceptional capital. Culture is what Berlin has to offer. They’ve had a time attracting companies to Berlin, so real estate prices have stayed low, attracting artists. But 13% of the jobs in Berlin are in the arts and culture. Liverpool’s response in the crisis was to invest massively in cultural terms, and it worked. The cities of the Ruhr are another example. I have had to make painful decisions in Moselle [?] and Metz [spelling!] where 30% of jobs were military. We had to redeploy bases and barracks once my predecessor, Chirac, abolished compulsory military service. So, we abolished military jobs. The implications were colossal. So, we decided to build the Bourbon [?] Center in Metz. It received more than one million visitors. We’re going to dig our heels on this. We’re going to build a Louvre in Lens [?], which has suffered two brutal revolutions: the collapse of the mining industry and the textile crisis. That will project will be a success. We’ll have the museum of the Mediterranean in Marseilles. The Impressionists housed in the ___ museum, the dream I have is of a magnificent museum in Normandy. When the crisis befell us, we came up with a plan to relaunch the economy which included 400B euros worth of additional money for culture. I think there were 83 cathedrals needed to be restored, of hwihc 50 have been restored. And the living arts! Art is always living art — people go on stage and perform. We have not touched one penny of that money. It is our certainty that the best way to respond to the crisis is to invest in culture, just as in aerospace. And if you look at the history of art, creation has never been better than in countries that feel good about themselves. The two phenomena are intimately interconnected. When I look at French cinema, I think Thank heavens our predecessors set up systems that I have done everything to protect. That’s why the French film industry is not in the situation of some of our neighbors that have seen their film industries go down the drain. I may be bold but I have a sense of risk.

Q: [A film maker - Vanya [?]] Barbara Hendricks this morning said that art is as important as air and water, and you said the same. I am a member of Culture and Diversity. Our goal is create cultural opportunities for poor kids. We want to bring them toward art and art schools, but often the importance of art is often quite removed from their lives. They receive art passively through tv, internet and films. But they have little opportunity to be active. What can we do?

A: Look at the extraordinary way the US puts films, music, etc., at service of their economic interests. The brands take root. I’m not saying it’s deliberate, but it works. There’s a steamrolling effect. The generosity of French artists and film directors is equaled elsewhere. We are very happy to screen American films and show American artworks. We do want our American friends to remember that there are other countries. That’s another debate. Reciprocity has to exist in the cultural industry. Beyond exchange. We have to be able to defend this principle. It’s not just the under-privileged. The privileged don’t always appreciate culture. We want to use this extraordinary instrument — the 5,000 colleges in France — to create the new audiences for opera, theater, film, etc. We have started a program where we by the rights to 200 films and make them available to all these colleges. This was not a way of competing with the film industry, but the idea was that if you start watching films in college, you will continue as an adult. We have 264 national theaters, 600 theater troupes, a huge reservoir of plays. But where are the audiences? I’d like to see these plays, once they have toured, to go to the colleges and schools, to shape and form the audiences of tomorrow. Take opera. The cost of a seat is pretty prohibitive, yet the operas are full. I’d like to buy up the rights to these operas and enable these shows to play in schools and colleges. Then there are underprivileged. We’re taking an initiative bringing exhibitions…going out to meet the people. In one case only 19% had ever been in a museum. We’re trying to decentralize, e.g., the Mobile Pompidou exhibition. It’s a simple stage under a tent so people aren’t intimidated. Suddenly they lay their eyes on a Picasso. Can you imagine the effect? That work of art now is not foreign. It’s part of one’s village. Culture is too often sensed as foreign. Whatever you background, when you set your eyes on a work of art, you appreciate it. There is no pre-determinism. Art’s value should be self-evident. You walk down the street and see something beautiful. You don’t need to be told or have it explained. The more you know the more you need to be told. When it’s simply about emotion, nothing needs to be explained to you. [Wow is that false. And it's inconsistent with his Net views. If we respond to art without training, then why hasn't the Net clustered around works of art?]

Q: How about free access to museums?

A: I don’t think that’s the ultimate response because you don’t respect what is free. Everything has a price. Everything has a value. There has to be a bit of an effort for there to be pleasure. But we have for 18-25 and teachers access to museums should be free. The number of visits as a result of this decision: 2.7M youths have gone in. Teachers: 500K. Culture is an amazing, fantastic domain that holds true. You have to be pragmatic, generous, open-minded. I am against access to museums being free because they need to sustain themselves. But for young people and teachers this was a good move. If teachers don’t get into the habit of going to museums, how can their pupils learn.

Q: [a Swedish student] Ever since I was a child, I wanted to make a difference. First as a poet. Then wanting to become the Sect’y General of the UN. My generation was born into the Internet. We invented Facebook, Skype, and Spotify. This has changed how we communicate and interact, across borders. From my point of view, these are great developments. Culture is beautiful and is in all that we do and are. Everything that isn’t developing is degenerating. Values are changing. Why is the defense of IP fundamental in your policy? Isn’t it in opposition to access to culture you’ve stood up for? Isn’t the fight against piracy a hopeless case.

A: I see haven’t persuaded all of you. An artist who wants music to be disseminated free of charge always has that option. I am challenging the pirating of works who do not want that. Who would buy the film or music if you can access it free of charge. There is now a quite cheap offering on the market. It’s right that you should pay less for a record or CD you buy on the Internet. For music we’re going to set up a system comparable to the CNC system we set up for film. I want providers to contribute musical creation just as a certain number of actors contribute to creation in the film industry. Just as there’s a national film center (CNC) there should be a national music one, which should be partially funded by the providers. When there are no writers or music, what is your generation going to get? For music there has to be composers, for films etc. If they don’t have ownership, what will they become of them? The famous will remain in the catalog until their rights fall into the public domain. If your first film or record is not enough to live on, how will you do the second? I asked Zuckerberg — who is remarkable and I admire — if he’d like his work pinched, and he said “Of course not.” Explain to me why a famous author or film maker should have fewer rights than those who are not famous. Go ask Google or Microsoft. Don’t tell me I’m not in favor of the free market! We should fight harder for author’s rights! I think it’s beginning to sink in. I know in Sweden, regulation is a dirty word. We defend our rights, but we’re not refusing the Internet. France is where the Net has developed the fastest and the most. Let us not ask the wrong questions. Illegal streaming sites are doing untold damage and I fully intend to fight them. I do not want to see profit made from the simple theft of other people’s work, just as in the national bond issue, I have earmarked a lot of money so Frederic Mitterand can digitize what are in the French national libraries. Big companies wanted to do it, but we said no. Freedom needs laws. Not too many regulations, but when there is no regulation, it is those who have the most clout and fewest scruples win.

Q: When we try to understand the current revolution, we should look back to the Printing Revolution. Technological rev is not only a change in tools, but influences all levels of culture.: distribution, production, communication, and sharing of culture. We have to rethink all aspects concurrently. We need mediation and explanation. With my students we explore other economic models, or a global license. Shouldn’t we try to reconcile technology and our culture in a period of massive piracy?

A: Yes, it’s a massive revolution, but that shouldn’t lead us to turn our backs on our democratic traditions. We have to find the right balance. On a global license: I am completely against this completely crazy idea. I believe that the identification between the author and his work is of the essence. If we all into some kind of melting pot, we are denying everything that is individual and specific. No one is defending this crazy idea. We are indeed facing challenges. E.g., digital TV that puts on the same screen the traditional, regulated services and the Internet world, which is not regulated and that does not contribute to the film industry the way the traditional services do. The latter will be stealing audience share. So we are going to have to work on how to regulate digital, connected TV era. Or, cloud computing: There again, what happens to your private copy that no longer needs to be uploaded? The battle against illegal downloading will become a matter of the past because in cloud computing there won’t be any need to download anything. But as I said initially, we’re ready to have a third or fourth version of our anti-piracy laws. We believe in protecting author’s rights and them getting individual remuneration for their work. The ways and means of doing this will change, and no one could not say that the Net is not a major step in social connection. But we don’t want our democratic principles thrown out the window. Of course we have to regulate and do it within a framework. It takes 3 mins to download a film. We want to be flexible but stick to our fundamental principles.

Q: [economist] I work on the economics of art and culture. You’ve today demonstrated how clearly you understand the connection. You’ve made the tax system a priority in your own cultural policy. The VAT on some cultural goods has risen in France. Is this consistent with your support of culture.

A: For France, the VAT on the same goods should be the same, whether hardcopy of digital versions. I understand the problems that may arise out of this for the European Commission. But as of Jan 1 2012 we’ll apply reduced VAT for hardcopy goods. Why should it be 7% on the Net and 19.6% for hardcopy. The globalization caused by the Net leads to major distortions in competition, which we cannot accept. So, I’m requesting that VAT on digital and ebooks be the same, at a reduced rate. It will be implement on Jan 1., and I hope that the European Commissioner will not come down to us too hard. This is a personal message to her. I do not understand that there should be a VAT differential to books, films, records, music, because in my mind cultural goods are the same and should have equal standing. In France cultural goods are considered to be essential goods, like food. Now, why we have increased VAT from 5.7 to 7% on cultural goods, is a way of protecting that sector; VAT in France is 19%. I cannot ask the French to tighten their belts and hear one sector complain about a rise from 5.7 to 7%. We have maintained VAT at 2.2% for living arts and press. So let no one say we’re being unfair to culture. We have protected the cultural area ferociously. We have smoothed the burden across the board. I hope the EC lets me work calmly on the record industry. I take this very seriously. Your memories are of smell and music. The systematic destruction of the music industry I cannot simply shrug off. That’s why I’m thinking about reduced VAT for music, as I’ve done for films.

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