I <3 Middlemen

Yes I do! Most indie filmmakers I talk to complain about distributors and “middlemen,” but they’re missing the real problem. Middlemen – publishers, distributors, resellers – can do excellent work. The problem is not middlemen; it’s monopolies.

So many middlemen insist on monopolies, we’ve forgotten we don’t need to grant them. They say that without a monopoly (aka “exclusive rights”) they have no incentive to promote and distribute. Actually a monopoly gives a middleman no incentive, because no one is competing with them. Take away the monopoly, and the middleman has to compete with other potential middlemen (including the artist). Then they have an incentive to work. Rather than monopoly, they succeed on the basis of expertise (theatrical distributors already know how to track, ship, and manage prints), innovation (finding better ways to meet customers’ existing desires and identifying new ones), and quality.

I’m very happy with the middlemen I work with. FilmKaravan, who distributes Sita Sings the Blues on DVD, promoted and placed DVDs in outlets and markets I was too lazy to reach. (They out-competed me, which is great!) GKids, who distributes the film theatrically East of the Mississippi, manages the prints professionally, finds great new venues for it, and promotes it cleverly without overspending. These middlemen do their jobs very well, and I’m grateful for the services and value they add to the film. They have my non-exclusive Endorsement.

I’m only unhappy with one middleman, an overseas distributor who uses their monopoly to block access to the film rather than facilitate it. For example, a professional conference held by their country’s national television company, and attended by important players in the film industry there, sought a one-time conference screening of Sita, but the distributor refused to lend the local print.  Lending it would have helped the film tremendously, but the distributor was focused on immediate money instead of on the long-term good of the film.  Because I had foolishly granted this distributor an “exclusive endorsement” in their territory, there was no one else in a position to lend a print. (What distributor would take up a film knowing that the filmmakers’ imprimatur had already been granted to a competitor?)

My endorsement wasn’t a mistake.  I want that distributor to make money, and lots of it.  But endorsing exclusively was a mistake: although not as bad as copyright, it’s still a kind of monopoly, and monopolies invite abuse.  That is their nature.  I now know that to get good work from a middleman, I can’t grant them a monopoly.  They need to feel that if they let an opportunity slip by, another middleman may jump at it.  Business competition improves business performance; some say it’s an essential incentive.

Middlemen will only have monopolies if artists keep granting them. They’re not going to give them up on their own. It falls on us artists to simply refuse to grant these monopolies in the first place. A copyleft license sends a clear, simple, and non-negotiable message to middlemen that they need to innovate and compete to profit from the work. Only we artists can supply the incentives they need to do their jobs well; and we can only do that by refusing monopolies.

A middleman without a monopoly is a great help to art and artists. Rather than abusing monopolies, they provide valuable services. The better they are at providing services, the more successful they become. Competition keeps middlemen on their toes, and eliminates the lazy and incompetent. Monopoly does the opposite.

In sum, the problem isn’t middlemen, it’s monopolies. Yay for middlemen! I <3 U.

Share

Everyone pays for my art.

They pay attention.

Attention being the most valuable, and most limited, resource there is for humans. It’s more limited than money; you can’t just print more. People don’t “consume” art, they attend to it.

Meanwhile, here’s a little thing on Sita’s distribution model in the Wall Street Journal.

Share

“Intellectual Property” is Slavery

Brain01

“Every man has a property in his own person. This nobody has a right to, but himself.”
John Locke, Second Treatise on Civil Government

“Most thinkers…hold that you own your own life, and it follows that you must own the products of that life, and that those products can be traded in free exchange with others,” claims Wikipedia’s latest entry on property. “Every man has a property in his own person,” says John Locke. Ayn Rand (who I generally can’t stand, but who I’m happy to quote as a passionate defender of the sanctity of property) wrote, “Just as man can’t exist without his body, so no rights can exist without the right to translate one’s rights into reality, to think, to work and keep the results, which means: the right of property.”

You also have a property in your own MIND. That which lives in your mind, is your property. And everyone deserves Rand’s “right to translate one’s rights into reality, to think, to work and keep the results” – in other words to freely think, express, and own the contents of their own mind. That is what “intellectual property” should (but doesn’t) mean: everyone’s right to their own mind.

Instead, legally defined “Intellectual Property” means exactly the opposite: it transfers ownership of the contents of your mind to others. It alienates the ideas in your mind, from you. Is there a song running through your mind right now? It doesn’t belong to you, it belongs to Warner-Chappell. You are forbidden to express it; “performance” requires permission. “To think, to work” – interpret – “and keep the results” – record and sell copies of –  the song in your mind, are illegal.

Thus Intellectual Property gives alien, private owners title to our minds. We may think culture (songs, text, images) only in secret; any expressions of cultural thought belong not to the thinker, but to the IP owner. Your thoughts are “derivative works”; someone else has title to them. You may have “Porgy and Bess” in your mind, but interpreting or singing it out loud is forbidden. That part of your mind belongs to Gershwin’s heirs and their lackeys.

Wikipedia’s entry on Chattel Slavery states: “The living human body is, in most modern societies, considered something which cannot be the property of anyone but the person whose body it is.” The living human mind should be the same. Legally defined “Intellectual Property” is, quite simply, someone else’s ownership of your mind. If they own the right to express what lives in your mind, the right “to think, to work and keep the results,” then they own your mind; they own you. What can we call that, except slavery?

Share

Advice

Sometimes I’m asked if I have any “advice” for the young’uns. I seem to give a different answer every time. Today’s answer is:

ADVICE:

Stop taking advice and stop asking for it.

The world is unlimited! There are a zillion ways to do things. Don’t be afraid of doing things wrong. The only way we make progress is from trying things, and that means a lot of failure. I’ve been helped by other peoples’ failures – they show me what not to do, so I can learn from their mistakes – and I hope my failures help other people succeed too. So even failure is a social contribution, as long as you’re failing YOUR way. An authentic failure is worth 100 insincere successes.

Do it YOUR way, not my way.

Looking to others to tell you what to do and how to do it is a bad habit. You can learn a lot just by observing. Let your observations be your teachers. What people SAY is not the same as what they DO, so pay attention to what they DO and learn from that.

If there’s something you can’t learn from observing, do some research. If research still doesn’t answer your question, THEN ask for advice. If you go straight to asking for advice, and expecting your answers there, you will miss out on all kinds of observations and learning.

That is my advice.

Share