Rosen non ha mai detto di voler tassare gli ISP: il testo completo dell’intervento al Midem

Uno dei partecipanti all’incontro durante il quale il CEO della Recording Industry Association of America avrebbe dichiarato che è intenzione di “tassare” gli Internet Service Providers perché forniscono accesso al P2P, ci ha segnalato che tali frasi non sarebbero mai state pronunciate.
Per verificarlo è sufficiente leggere il testo dell’intervento, che pubblichiamo qui di seguito (è anche scaricabile in formato PDF dal sito della RIAA).
L’equivoco è nato da una notizia Reuters, diffusa in tutto il mondo, e ripresa da moltissimi organi di stampa, tanto da scatenare la reazione di moltissimi soggetti, tra cui BSA, il cui comunicato stampa è stato pubblicato su questo sito lo scorso venerdì.

Di seguito il testo dell’intervento:

Hilary Rosen keynote address at MidemNet
January 18, 2003

Thank you for inviting me to Midemnet.
It’s pleasure and honor to be here. There is so much to talk about over the next few days.
I am glad I am the first speaker of the conference because what I know that I am going to do here this morning is to mostly reference several issues which will then require much fuller analysis and dialogue among all of you over the next week.
I love music.
It’s why I took this job 17 years ago.
But, let’s face it folks, the news in the record industry has been pretty grim lately. We are hurting and the technology business isn’t looking so bright either. There are some bright spots though. Here in France the sales market is healthy, led by strong sales of French music. In the UK, albums sales have held steady as well in the face of drops in most other countries.
I am guessing that when they report, the performing rights societies will report record revenues for this last year.
That is good news for songwriters and publishers and in some territories, artists and producers.
But if the underlying structure of the investment in the recording of the music which enables those performances – and mechanicals – dramatically changes, which it will do without a course correction, the future would be bleak. The irony is that music consumption around the world is up. It is just that people are not buying as much music as they used to buy. We are all in this thing together. There are so many brilliant and talented people in this room and throughout the music and technology industries.
It seems to me that over the last few years too many of us have gone into our respective corners and not wanted to understand the view of the other side. Even when we understand the other view, we have often ignored it, hoping that our own view would ultimately prevail.
We couldn’t afford that kind of thinking three years ago and we can’t afford it today.
I sense a coming together lately.
Everyone wants to pitch in and go to work to turn this situation around. Change must always start at home.
For me that is the US recording industry.
Our experience this past year gives me not just hope but real excitement about the future of music distribution and consumption, Within the past year, record companies and online music subscription services have announced multiple new licensing agreements that have dramatically transformed the marketplace. Fans now have access to more services, more music and more ways to enjoy that music — downloading, streaming and burning. There are now four separate services with content from all the five major record companies —, Pressplay, MusicNet with AOL and Real Networks in beta, and Rioport. There are others with lots of great content as well. The progress of the legitimate on-line marketplace is extremely dynamic. I know you will hear more detail about those services later today. So what is going on ‘ why are sales down even though so much progress has been made’ I want to give a few brief diagnosis of the US market today and then share some of my prescriptions for the cure before we get to the Q and A. I know a lot about today’s music buyer in the US. You’ll have to relate what I am telling you to your own markets around the world to determine the similarities. For 12-24 year olds, the single biggest reason they are buying less music is because they are able to get what they want for free on a P2P network or from burning a CD that they didn’t buy. They still love music, they just spend their money on other entertainment because they can get the music they want for free. But for adults getting music for free is only one of three important reasons they are buying less.
One reason is the economy but the other reason is that they have trouble learning about new music that they think they like and trouble knowing how to find it when they do. It makes sense when you learn more about the problem. They shop at big discount department stores that have limited selections and no education in their music departments.
Radio is so consolidated that it only plays a few new songs a month and traditional record retail is in such financial trouble that they no longer invest in bringing customers into the store. So what do we do about these issues’ It is obvious to me ‘ and I am sure to you ‘ that there is no one silver bullet to restore the health and growth to this market. It requires a multi tiered strategy. First let’s look at those things most directly in our control ‘ our products and services: -We must invest the resources necessary to draw consumers to paying for on-line music. These services in the US are really good.
They are high quality and versatile and service oriented. Much better than the pirate sites.
But they need millions and millions and millions of dollars invested in consumer marketing and advertising. They need all of the creativity that this great industry has to offer. They need more connections to the artists. Everyone in the music community has a stake in seeing them succeed. And, they need flexible licensing terms for consumer use from music publishers and from record companies even though a lot has already been done. We must give the customer what they want ‘ and we are still not doing it enough. In Europe the situation is moving even slower. And no one can afford this pace much longer.
We must work together.
– We need another physical format that is attractive and fun as a value proposition. I personally believe that surround music has a future. 40% of music buyers in the US already have a surround sound system for their video viewing. We must end the format war between SACD and DVD Audio. A combined extended single with DVD is an option to draw young buyers into a market that unfortunately too many of them have not yet entered. Cool packaging ‘ extras about the artists ‘ all of these options must be seriously considered anew. -Major record companies probably will also take some important lessons from indies this year and sign fewer artists, concentrate on fewer releases and perhaps even do shorter or different kinds of artists contracts. Independent record companies have always grown their businesses more slowly and controlled costs better.
– New revenue streams are important to us. Licensing income was never a very big category for recorded music but it certainly will be in the future ‘ with webcasting, digital broadcasting, ring tones, and other opportunities. And finally and certainly very importantly these legitimate offerings need the most vigorous anti-piracy protection we can muster. Governments around the world must do more to help on enforcement. Both in the physical and on-line area. At the governmental level the effort on this problem is woefully under-resourced.
More legitimate sales means a vibrant cultural and economic base in every country.
It means jobs and tax revenue.
The pirates pay nothing and don’t invest in music. Everyone in this room needs to work with us and IFPI and many national groups to push for more aggressive involvement from our governments. Education is a terribly important component of enforcement. Particularly in the on-line area. In the US over the last year we have had an unprecedented coalition of major artists, writers, publishers, PRO’s, retailers, independents, radio and so many others joining together to teach the opinion leaders about the illegality of uploading and downloading music on certain internet sites. We created an education site ‘ Music and have artist spots running on TV and radio. We must get even more aggressive. Because, of all the problems we face, turning around the current situation with P2P networks is the most important. The Kazaa and fast track system is the worst offender among the unauthorized peer-to-peer networks.
What is particularly offensive about this crew of hacks is that they wave this feel-good banner of ‘helping connect mankind,’ while their owners simultaneously scurry off to the South Pacific island of Vanuatu — a known corporate legal haven for companies that need extra special ways to hide their business operations. This is not the behavior of an upstanding corporate citizen dedicated to some philanthropic exercise of bettering humanity or music. Whether its Vanuatu, Estonia, Holland or in the United States, if companies systematically run roughshod over the rights of creators and copyright owners while pocketing millions in profits and undermining legal rights, we will hold them accountable. No one should operate under the assumption that the global range of some copyright thieves will deter or decide the success of our legal efforts.
In fact, just this past week, a federal court in California ruled that the parent company of Kazaa, Sharman Networks, should be part our larger lawsuit against Kazaa.
In a very strong opinion court rejected the claims of Australian-based Sharman Networks that a U.S. judge had no jurisdiction over the international company. The court will find the network operators and owners liable and we will also hold individual uploaders accountable. I am confident that we will prevail legally but we must also be creative about using these anti-piracy efforts to transition users to the legitimate business. We need your help to do this.
I welcome your ideas and we want you by our side.
The end-game goal of all these anti-piracy efforts is a thriving music community. This industry is in state of transition, no doubt, but I do not despair. The critics have written the obituary of the modern recording industry many times over, but what they fail to factor is the enduring appeal of music.
It remains an essential ingredient in many people’s lives. And if everyone in the industry does their part, we have the right ingredients for a plan to move ahead: That my friends, is our recipe for success. This week Wired magazine has a cover headline that says ‘Hilary Rosen ‘ the most hated woman in the music business’.
Well, let me tell all of you something.
Since I know that the reason Wired says that about me is because I am passionate and relentless about protecting the opportunities of all of those who create and work in the music industry from those who would seek to take advantage or steal ‘ I have never been prouder of a criticism.
We love music. That is why we are here.
I look forward to your questions.
Thank you.

La redazione (GD)

Su Giovanni d'Ammassa

Avvocato con studio in Milano dal 1997, coltiva sin dall'Università lo studio e l’insegnamento del diritto d’autore. Fonda nel 1999. Appassionato chitarrista e runner.