Changing places: A new role for creators in the digital world

• Author: María Alejandra López García - Rodolfo Carlos Rivas Rea
• Position: Freelance IP legal specialist, Caracas, Venezuela - Currently working on WTO-related issues in Geneva, Switzerland
• Pages: 6-8

p. 6 2012 | 6

CHANGING PLACES:

a new role for creators

in the digital world

With the invention of printing in the 15

th

century the book trade

took off, giving birth to copyright as a m eans of regulating

the “right to copy” literary works u nder common law, and of

ensuring that authors rea ped the rewards of their labor. For

the next 500 years or so, although tensions between publish-

ers and authors were all too freq uent, the industry ouris hed.

The consolidation of the major publishing houses in the late

20th century, however, and the advent of digital technology

marked a dramatic shif t in the industry. For much of the 20th

century major publishers and distributors maintained an iron

grip on book markets and distribution channels. Communica-

tion between authors an d their readers was practica lly non-

existent and, where it did exist, the terms were dictated by

publishers. All this cha nged with the digital revoluti on, which

continues to transform traditional business relationships, fuel-

ling new creative opportu nities and breathing new life into the

creative economy.

The music industr y was, perhaps, the rst to feel the full force of

the digital transformation that si gnaled a marked shift in power

from the record labels towards ar tists and live perform ances,

on the one hand, and distributors of el ectronic content, on the

other. Record companies were left in an uncomfortable and

precarious position with little choice but to reinvent themselves

and adapt to the realities of the new digi tal economy. Other

creative sectors have had a softer la nding but nonetheless

can ill afford to continue with “a busi ness as usual” approach.

To compete effectively in the digital economy, companies need

a business plan built around strategic use of intellectual prop-

erty (IP) that enable s them to be nimble and responsi ve. The

lessons of recent years underline the importance of consumer

power and have shown that, in general, provide d digital content

is easy to access and reasona bly priced, consumers are willing

to pay for it. While some recording compani es and publish-

ers have been reluctant to break w ith established busin ess

models, certain cre ators have sought alternative ways to interact

with their fan base and sec ure a return on their creative works.

RADIOHEAD MAKES WAVES

In the music world, the critically-acclaimed rock band

Radiohead was one of the rst to venture into new terr itory.

At the end of their contract with EMI/Capitol, Radiohead

launched In Rainbows, in October 2007, exclusively via

www.radiohead.com as a download usin g a pay-what-you-

want model. The album was relea sed as a standard CD later

By María Aleja ndra López García ,

freelance IP legal specialist,

Caracas, Venez uela, and

Rodolfo Carlos R ivas Rea, IP legal s pecialist

currently work ing on WTO-related i ssues

in Geneva, Sw itzerland

e critical ly-acclaim ed rock band Radioh ead was one of the rst t o

experime nt with new ways to int eract with the ir fan base.

In October 20 07, the band launched In Ra inbows exclusively via

www.radiohead.com as a do wnload usin g a pay-what-you-want model .

Photo: © Radiohead