This letter was written to James Temple whose column “Don’t be overzealous on Internet copyright limits” was published in the San Francisco Chronicle on 6/15/11.
Dear James,
I read with great interest your column “Don’t be overzealous on Internet copyright limits” in today’s San Francisco Chronicle. While I appreciate very much what you had to say with regard the proposed Protect IP legislation and the need to balance risks versus rewards, I believe you overlooked an important element of the story—the impact that online piracy is having on content creators (filmmakers, musicians, artists, authors, photographers, etc.) This isn’t just about big business battling it out over the legislation. The proposed law, imperfect as it may be, is an overdue step in the right direction to protect the livelihoods–and legal rights–of the “little guys” as well. With that in mind, as a local independent filmmaker, I thought I’d share some personal perspectives on the negative impact online piracy is having on content creators and what I see as possible solutions.
A little over a year ago the film I co-produced/co-directed “And Then Came Lola” (financed through credit cards, personal and home equity loans) was released on DVD and VOD (video on demand). My filmmaking partner and I were excited because we could finally see the possibility of paying off our production debts which, by that time, had reached nearly $250,000.
Like many independents, though our film screened in nearly 100 festivals worldwide, we didn’t have any sort of theatrical release. As such, most of our income would come from the back-end. Once released, our film was made available worldwide on DVD, Blu-ray and via on VOD via iTunes, Amazon, Netflix, Busk Films and others online platforms.
Now, I wasn’t totally naive when it came to issue of online piracy, so I’d given some consideration to strategies as how best to deal with it. But the fact is, when the day came and our film hit the streets, I wasn’t prepared for what actually transpired. Within 24 hours, copies of our film could be found online. Soon one link became hundreds, which became thousands, which, by mid-summer, became tens of thousands—a figure that doesn’t begin to count the tens of thousands we DIDN’T find on websites throughout the world, China, Egypt, Russian, etc. Multiply each of those illegal streams and links, downloaded or viewed hundreds, sometimes thousands of times (in one case 300,000 times) and you can begin to appreciate astounding numbers, even for a small independent film like ours. Of course not every illegal download equals a lost sale, but even if you only count a fraction of them as lost revenue, the number becomes financially significant.
At first, I dutifully tried to send out DMCA take-down notices to the various websites that had stolen our film. Unfortunately, for independent artists combating tens of thousands of links, the DMCA is sort like being handed an umbrella and told to go stand under Niagara Falls. It’s not a very effective solution.
After wading through the various websites and investigating the mechanisms by which our film was being illegally distributed, a light bulb went off. This rampant theft was NOT motivated by altruism–it was motivated by GREED. Those who stole our film (and thousands of others) were making money from their theft.
Since I’m a journalist by training and teach courses in new media as my day job, I decided to use those skills to document my discoveries on a blog (https://voxindie.org/pirates) in the hope that I could educate, and inform, creators and end-users about the true nature of today’s online piracy.
Once you spend a few minutes online examining these illicit websites, the business model is pretty clear. It’s all about generating web traffic. Steal some enticing content (like movies) both studio-produced and indie–pirates are equal opportunity thieves—to drive traffic to your website so you can make money via advertising (services like AdSense, AdBrite, etc.).
A more insidious and growing threat are the so-called cyber-locker sites, or UGC (user-generated-content) sites, like Megaupload, Rapidshare and Filesonic. These are cloud-based storage sites, spreading like a cancer across the internet, that offer “free” uploading/downloading of large files. When you examine the UGC business model closely it becomes clear that these sites essentially produce mini-pirates by offering CASH rewards to “partners” who upload content (mostly illegal) then share those links with as many people as possible. The more downloads a partner tallies, the more CASH they earn. In turn, by increasing traffic to their sites through this model, cyber-lockers make money from advertising and by offering paid subscriptions enabling faster download speeds (i.e. 3 minutes versus 30).
This black-market business model, and the cash incentives these sites offer, is helping fuel piracy’s rapid growth. The cash rewards are a recruiting tool and entice members of the public to join what is essentially, an army of pirate “partners.” By encouraging users to spread illegal downloads “virally” the cyber-lockers successfully seed their illegal links on websites far and wide. More partners join, more content is stolen and more traffic comes to the cyber-locker operators. The more traffic, the more money. Everyone makes money in this scenario except the content creators.
To be honest, online piracy makes me long for the good old days of bootleg DVDs. At least that illegal activity required an investment on the part of the thief (DVDs, replication, packaging, etc.). Sales were limited to corner stores or flea markets. They had a tangible “product” and had to spend resources to deliver it. Had we released our film five years ago there’s no doubt we would have easily earned our investment back. Now, with a mere click of a mouse, a web pirate can steal our work and profit from it. This kind of activity, were it happening in the brick and mortar world, would be roundly condemned and stopped through legal means. Now, no matter how creative one’s business model, no matter that for the price of a coffee you can watch a legit copy of our film online–it’s hard to compete with FREE.
Indie filmmakers don’t make movies to make millions, but it would be nice to be able to pay our bills and put food on the table. There are lots of people who work behind-the-scenes (on productions large and small) whose jobs are threatened by this ever-growing threat. Don’t they deserve some protection as well?
This isn’t only about Hollywood or the RIAA versus the rest of the world, it’s about all creators—the Hollywood studios AND the independents, musicians, artists, etc. People’s livelihoods are being threatened and, if something isn’t done, it’s the consumer who will lose out as the diversity and the quality of creative content available will decline. Only those with deep pockets will survive and they will be forced to focus on blockbuster movies that guarantee a healthy return at the box office.
We will never be totally rid of piracy, but, as content creators work daily to adapt to a changing online world, I believe our laws should also adapt. The internet is not sacred, nor should it be lawless. We can make a difference if we focus on cutting off the blood supply—the illicit money—that encourages, enables and sustains piracy. If effective legislation can be passed that targets this cog in the online piracy business machine, I believe it will go a long way to level the playing field and give content creators a fighting chance.
Perhaps the legislation that’s been introduced is imperfect. If so, we all need to work together to offers ideas and craft this law in a way that protects the interests of those who make their living creating, as well as the consumer. Since there are some in Washington and elsewhere—free speech advocates, and individuals like Senator Ron Wyden, who oppose the Protect IP Act, I’d ask them to come forward to offer some alternatives.
It’s easy to stand in the way of a proposed law–what takes courage is having the willingness to come to the table to work with others to craft a solution. I hope that time comes soon.
Sincerely,
Ellen Seidler
Fast Girl Films
