May 14, 2005

The long tail and the law

I caught Chris Anderson giving a talk on The Long Tail last week. The most interesting part of the talk (for folks who've read the Wired Article was the as-yet-unpublished research data showing using various data sets that prove that Long Tail businesses really do shift revenue mix from almost all hits, to a 50/50 mix of hits and niche products.

Several follow-on reflections. As revenue in the entertainment industry gravitates to the Long Tail, how long will it take for Amazon, Netflix, and others to start buying back the law from mass media capture?

A mass media, hit-based business sees its value as selling the same product to as many people as possible. Anything that modifies the product, or seems to displace a sale to an individual is seen as harmful. A "long tail" business sees its value as fostering many revenue-generating niches. Therefore, anything that fosters the creation of new niches and subcommunities is seen as beneficial.

There are at least three legal preferences that are purchased by hit-based companies, and would be modified by "long-tail" companies:
* Long copyright. A "long-tail" business would also be interested in clearing rights on old, back-catalog works for renewed distribution
* Criminalized sharing. A "hit-based" business sees sharing as stealing. A "long-tail" business sees sharing as the building of niches. See Yahoo Music and Grouper for examples in this direction.
* Criminalized remix. A "hit-based" business sees fan-community modifications as stealing. A "long tail" business sees fan community mods as the building of niches, and finds ways to make more money from enthousiastic and creative fans.

Posted by alevin at May 14, 2005 10:28 PM | TrackBack
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