Solving copyright problems: detailed design
The current copyright scheme is a classic lose-lose: most copyright holders are agonizing, showing a steady decline in revenue; most consumers are dissatisfied with prices and quality and consistently refuse to play according to the rules proposed by the industry. At the same time, both sides rested their heads and are not ready to compromise. Below is a detailed version of the transition to win-win strategy.
Problems:
1) public rejection of the current copyright legislation and its actual illegitimacy;
2) arising from item 1 "Piracy";
3) industry stagnation, steady decline in incomes of right holders;
4) the denial of modern content distribution technologies by right holders and, moreover, active resistance to the development of such technologies;
5) an abundance of online and offline pirated services, enriched by illegal access to content (either by selling it at a lower price, by advertising on the portal, or by spreading malicious code to the content load);
6) the actual lack of opportunities for beginning authors to achieve fame without entering into a bondage contract with the publisher.
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Hence the goals:
1) to achieve a change in public opinion in favor of the legal use of content and the rejection of "piracy";
2) radically reduce the level of "piracy";
3) provide holders with the opportunity to grow with the development of information technology;
4) to give new impetus to the development of modern content distribution technologies;
5) deprive the illegal services of the audience;
6) provide novice authors with working mechanisms for promoting their creativity without the help of a publisher and without the transfer of exclusive rights.
Plus two additional goals:
7) it is very desirable to make the transition smooth;
8) it is very desirable to remain within the framework of current legislation.
In the Civil Code of the Russian Federation there is an article 1273 “Free reproduction of a work for personal use”:
According to paragraph 2 of Art. 1273 the collection of the notorious "1% for Nikita". It is proposed to add art. 1273 clause that the right of citizens to freely reproduce the work for personal purposes is ensured by collective management organizations.
The organization that collects “tax from blanks” (at the moment it is RAO; if RAO refuses to hold a repeated competition), it is obliged to hold the following activities in the framework of ensuring the right of citizens to freely reproduce the work for personal purposes:
1. Open your own content delivery system (in the form of a torrent tracker, DC ++ hub, kad-network - substitute to taste).
2. Organize work with Internet providers. The provider enters into its tariffs the option “licensed content” costing (for example) 300 rubles per month and provides the subscriber with an unlimited channel of the specified width up to CDN RAO. The provider organizes the billing system on its side, RAO opens up the specified range of ip-addresses access to its CDN. The provider receives a commission from this monthly fee (say, 50 rubles) and, thus, is directly interested in connecting and promoting this option.
3. As part of ensuring the right of citizens to freely reproduce a work for personal purposes, right holders are required to provide a digital copy of the work to RW, otherwise their exclusive rights to this work in the territory of the Russian Federation will not be protected (of course, this does not apply to works that are not sold in electronic form) . The rightholder is obliged to provide a copy in the same quality in which he intends to sell it; failure to comply with this condition is punishable by a fine.
4. RAO collects complete statistics on the downloads of works and at the end of each month distributes the collected subscription fee to the right holders according to the same principles that the “tax from the blanks” are now distributed. The right holder, if he does not agree with his share or suspects fraud, has the right to request access to CDN RW from providers (of course, impersonal, up to IP).
5. Any author has the right to publish his work in CDN RAO and, if the work will be popular, receive at the end of the month the remuneration due from RAO.
In the Russian Federation, there are 19 million subscribers with access to the Internet (with 65% of all Internet users in Russia being served by only 5 providers). Suppose that 10 million of them buy the option "licensed content." If rightholders get 200 rubles from their monthly fee (50 rubles to providers, 50 rubles overhead for the maintenance of radioactive waste), it will be 2 billion rubles per month = 24 billion rubles per year or about 700 million dollars.
The volume of the digital content market in the Russian Federation is about $ 200 million ( proof ), i.e. The proposed scheme will create a much more capacious market than the current legal market for digital content and potentially more beneficial to copyright holders.
Moreover, potentially this market is more profitable than the classic sales of digital content on media, which with the crisis has shrunk to ridiculous values ​​(see here ) - for example, legal music on media was sold for 2010 only by $ 185 million.
Obviously, the volume of income of rightholders will grow in proportion to Internet penetration (Yandex predicts an increase in Internet access penetration in the regions from ~ 47% to 70% in the next three years, ie an increase of about 20% per year) and the penetration of the service itself. licensed content "- i.e. In the next decade, revenues will grow steadily. Further, obviously, with the advent of mobile tariffs, the market will automatically enter mobile devices.
First of all, we will achieve the main thing: a sharp decline in the social acceptability of “piracy”. It’s one thing to say “I don’t have 600 rubles for a disk,” and another, “I have 700 rubles for the Internet, but I don’t have 300 rubles for licensed content.” It is obvious that without a change in the public perception of the legitimacy of “piracy”, it’s simply pointless to fight illegal file sharing .
Already, very many - including. here on Habré - ready to legalize and abandon the "freebies". The greater the mass of users of the “legal content” option, the easier it will be to distribute it; in the future, non-paying payers of even 300 rubles ideological “pirates” will take the same marginal positions as illegal subscribers of cable and satellite networks, and services that make money on illegal content will have about the same niche as services for illegal connection to cable TV.
Right holders get a new capacious and dynamically growing market, beginner authors get the opportunity to refuse the services of publishers.
FAQ on major issues - first read, then comment!
Q: I have already seen it somewhere!
A: Yes, this is just the specification and formalization of my old article . Unfortunately, the form of presenting the material was then incorrectly chosen by me.
Q: Are the changes too radical? The carrier market will collapse!
A: Why would he collapse? CD-DVD is bought only by those who do not have the Internet and / or he does not know how to use it. "Ideological" buyers who wish to support the author with a ruble can only be found on Habré. Well, yes, the market has already collapsed (the music market, for example, fell by 30% in 2010).
Q: Giant botnets will appear, clicking on the right content!
A: Hardly. The income from one user is very small (if I download hundreds of tracks per month, then clicking on one track will bring the author a penny).
Q: It is not clear how to distribute money!
A: Well, now RAO is somehow clear how to distribute 1% of the blanks? And then there will be a complete download statistics.
Q: In such conditions it will be impossible to do business!
A: The conditions of the game do not change: advertising, teasers, heated public interest, promotions = a mountain of money at the end of the month. For the media industry - quite familiar conditions, they receive income from movie rentals about as well through an intermediary-distributor.
Q: Yes, we still have to do everything, they will do it slowly, inconveniently and half of the providers will not support this thing!
A: Worse than it is now impossible to do. In general, with such a mood - of course zafilylyat. You can allow competition between several rao - let them work with providers, fight for the user, the scheme does not fundamentally change.
Q: Yes, it will just be another convenient source of pirated content and that's it!
A: Convenient to rutraker? Very unlikely. The fact that fresh DVDs will leak into the network through unprincipled staff - no matter how bad, we already have DVDs of official release, see elektri4ka. The main thing is that the soil will disappear for convenient self-justification, and the rest will gradually tighten.
Problems:
1) public rejection of the current copyright legislation and its actual illegitimacy;
2) arising from item 1 "Piracy";
3) industry stagnation, steady decline in incomes of right holders;
4) the denial of modern content distribution technologies by right holders and, moreover, active resistance to the development of such technologies;
5) an abundance of online and offline pirated services, enriched by illegal access to content (either by selling it at a lower price, by advertising on the portal, or by spreading malicious code to the content load);
6) the actual lack of opportunities for beginning authors to achieve fame without entering into a bondage contract with the publisher.
')
Hence the goals:
1) to achieve a change in public opinion in favor of the legal use of content and the rejection of "piracy";
2) radically reduce the level of "piracy";
3) provide holders with the opportunity to grow with the development of information technology;
4) to give new impetus to the development of modern content distribution technologies;
5) deprive the illegal services of the audience;
6) provide novice authors with working mechanisms for promoting their creativity without the help of a publisher and without the transfer of exclusive rights.
Plus two additional goals:
7) it is very desirable to make the transition smooth;
8) it is very desirable to remain within the framework of current legislation.
In the Civil Code of the Russian Federation there is an article 1273 “Free reproduction of a work for personal use”:
1. It is allowed, without the consent of the author or other rightholder and without paying remuneration, by a citizen, if necessary and exclusively for personal purposes, of a lawfully published work [...]
2. In the case when the reproduction of phonograms and audiovisual works is carried out exclusively for personal purposes, authors, performers, manufacturers of phonograms and audiovisual works are entitled to remuneration provided for in Article 1245 of this Code.
(Section 2 was introduced by Federal Law of 04.10.2010 N 259-)
According to paragraph 2 of Art. 1273 the collection of the notorious "1% for Nikita". It is proposed to add art. 1273 clause that the right of citizens to freely reproduce the work for personal purposes is ensured by collective management organizations.
The organization that collects “tax from blanks” (at the moment it is RAO; if RAO refuses to hold a repeated competition), it is obliged to hold the following activities in the framework of ensuring the right of citizens to freely reproduce the work for personal purposes:
1. Open your own content delivery system (in the form of a torrent tracker, DC ++ hub, kad-network - substitute to taste).
2. Organize work with Internet providers. The provider enters into its tariffs the option “licensed content” costing (for example) 300 rubles per month and provides the subscriber with an unlimited channel of the specified width up to CDN RAO. The provider organizes the billing system on its side, RAO opens up the specified range of ip-addresses access to its CDN. The provider receives a commission from this monthly fee (say, 50 rubles) and, thus, is directly interested in connecting and promoting this option.
3. As part of ensuring the right of citizens to freely reproduce a work for personal purposes, right holders are required to provide a digital copy of the work to RW, otherwise their exclusive rights to this work in the territory of the Russian Federation will not be protected (of course, this does not apply to works that are not sold in electronic form) . The rightholder is obliged to provide a copy in the same quality in which he intends to sell it; failure to comply with this condition is punishable by a fine.
4. RAO collects complete statistics on the downloads of works and at the end of each month distributes the collected subscription fee to the right holders according to the same principles that the “tax from the blanks” are now distributed. The right holder, if he does not agree with his share or suspects fraud, has the right to request access to CDN RW from providers (of course, impersonal, up to IP).
5. Any author has the right to publish his work in CDN RAO and, if the work will be popular, receive at the end of the month the remuneration due from RAO.
Small calculations
In the Russian Federation, there are 19 million subscribers with access to the Internet (with 65% of all Internet users in Russia being served by only 5 providers). Suppose that 10 million of them buy the option "licensed content." If rightholders get 200 rubles from their monthly fee (50 rubles to providers, 50 rubles overhead for the maintenance of radioactive waste), it will be 2 billion rubles per month = 24 billion rubles per year or about 700 million dollars.
The volume of the digital content market in the Russian Federation is about $ 200 million ( proof ), i.e. The proposed scheme will create a much more capacious market than the current legal market for digital content and potentially more beneficial to copyright holders.
Moreover, potentially this market is more profitable than the classic sales of digital content on media, which with the crisis has shrunk to ridiculous values ​​(see here ) - for example, legal music on media was sold for 2010 only by $ 185 million.
Obviously, the volume of income of rightholders will grow in proportion to Internet penetration (Yandex predicts an increase in Internet access penetration in the regions from ~ 47% to 70% in the next three years, ie an increase of about 20% per year) and the penetration of the service itself. licensed content "- i.e. In the next decade, revenues will grow steadily. Further, obviously, with the advent of mobile tariffs, the market will automatically enter mobile devices.
And what will we achieve?
First of all, we will achieve the main thing: a sharp decline in the social acceptability of “piracy”. It’s one thing to say “I don’t have 600 rubles for a disk,” and another, “I have 700 rubles for the Internet, but I don’t have 300 rubles for licensed content.” It is obvious that without a change in the public perception of the legitimacy of “piracy”, it’s simply pointless to fight illegal file sharing .
Already, very many - including. here on Habré - ready to legalize and abandon the "freebies". The greater the mass of users of the “legal content” option, the easier it will be to distribute it; in the future, non-paying payers of even 300 rubles ideological “pirates” will take the same marginal positions as illegal subscribers of cable and satellite networks, and services that make money on illegal content will have about the same niche as services for illegal connection to cable TV.
Right holders get a new capacious and dynamically growing market, beginner authors get the opportunity to refuse the services of publishers.
I am plagued by vague doubts ...
FAQ on major issues - first read, then comment!
Q: I have already seen it somewhere!
A: Yes, this is just the specification and formalization of my old article . Unfortunately, the form of presenting the material was then incorrectly chosen by me.
Q: Are the changes too radical? The carrier market will collapse!
A: Why would he collapse? CD-DVD is bought only by those who do not have the Internet and / or he does not know how to use it. "Ideological" buyers who wish to support the author with a ruble can only be found on Habré. Well, yes, the market has already collapsed (the music market, for example, fell by 30% in 2010).
Q: Giant botnets will appear, clicking on the right content!
A: Hardly. The income from one user is very small (if I download hundreds of tracks per month, then clicking on one track will bring the author a penny).
Q: It is not clear how to distribute money!
A: Well, now RAO is somehow clear how to distribute 1% of the blanks? And then there will be a complete download statistics.
Q: In such conditions it will be impossible to do business!
A: The conditions of the game do not change: advertising, teasers, heated public interest, promotions = a mountain of money at the end of the month. For the media industry - quite familiar conditions, they receive income from movie rentals about as well through an intermediary-distributor.
Q: Yes, we still have to do everything, they will do it slowly, inconveniently and half of the providers will not support this thing!
A: Worse than it is now impossible to do. In general, with such a mood - of course zafilylyat. You can allow competition between several rao - let them work with providers, fight for the user, the scheme does not fundamentally change.
Q: Yes, it will just be another convenient source of pirated content and that's it!
A: Convenient to rutraker? Very unlikely. The fact that fresh DVDs will leak into the network through unprincipled staff - no matter how bad, we already have DVDs of official release, see elektri4ka. The main thing is that the soil will disappear for convenient self-justification, and the rest will gradually tighten.
Source: https://habr.com/ru/post/132957/
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