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Monday, May 04, 2009
When Gordon Crovitz left Dow Jones several months ago, I knew that his experiences in helping to build the most successful premium online news brand would be likely to result in good things somewhere. Gordon’s insights into the value of traditional journalism and his online savvy are an unusual combination in the world of today’s content industry. So it was with some interest that I have been learning about Journalism Online, a new initiative captained by Crovitz, content industry veteran Steven Brill and former cable industry CEO Leo Hindery. In a detailed press release – more of a mini-business plan, actually – the Journalism Online (JOI) team has outlined a multi-pronged strategy to enable traditional journalism to reap new revenue streams from online sources.

As many of the elements of the JOI plan are in sync with what Shore has been advocating for many years to promote the health of premium content sales (I briefed Crovitz on the concepts of The New Aggregation about five years ago), I would be contradicting myself to say that his team’s plan doesn’t hold water. In fact, much of what Journalism Online advocates is sorely needed in the news industry and will be likely to offer professional journalists a chance to benefit from more sensible online business models in tune with how content is actually distributed and consumed online. However, there are some troubling aspects in both the details and the broad brush of this plan that should be considered carefully by publishers as they weigh its merits.

The first concept in the Journalism Online plan is really a no-brainer and long, long overdue. JOI would set up an online system that would enable anyone to sign up once for access to premium news content across the Web. Payment models via this system would vary, and would include subscriptions for individual premium publications, pay-per-view access and royalty-driven payments in a cross-source subscription model. This would enable any publisher participating in Journalism Online to share in common payment and billing infrastructure that would make a wide variety of premium business models possible. While JOI does not target mobile and television markets explicitly, clearly this is a system whose basic cross-source payment model based on open Web access can be easily extended to other content delivery networks.

So far, so good, most especially on the cross-source royalty model. In essence the Web is a broadcast medium that enables people to tune into multiple streams very easily, so tuning premium content delivery into a payment model more like radio’s royalty payment system for music producers is a strong plus. When specific content becomes very popular online, the spike in views of that content can result in direct revenues to its producers. In theory this helps to resolve the ongoing dilemma of having to expose content to search engines that’s monetized with ads that just don’t seem to take advantage of oftentimes brief spurts of interest in news items to the point of paying the bills for many publishers. If the QPass cross-platform payment system of ten years ago had not flopped by trying to control content distribution via their service we’d have had this type of payment management service in place years ago.

The next leg of Journalism Online’s plan is a little more shaky. JOI has put under its wings two of the most prominent legal talents in the U.S. – former Microsoft anti-trust attorney David Boies and former U.S. Solicitor General Ted Olson – to lead some strong-arm negotiations with search engines and online aggregators to pony up licensing and royalty fees for the right to link to JOI member content. While one has to respect the considerable judicial, political and corporate gravitas of these two legal heavies, I am concerned that their efforts seem to be misplaced. There is now a substantial body of law which makes it clear that indexing a link to a headline is not a crime and falls comfortably into the concept of fair use of copyrighted content. By the logic outlined in Journalism Online's stated focus they should be suing newsstands in cities across the world for exposing the headlines of newspapers to people walking by, or charging millions of dollars for copies of the venerable Periodicals Index on library reference shelves. I believe that this tactic is in large part a sop to news publishers who have been relying thus far on the Associated Press’ failing negotiations with Google and other search engines based on similar issues.

Strong-arm legal tactics for search engine licensing are also largely unnecessary, in large part, if the JOI system works as it ought to. Access policies could be enforced on all participating publisher sites, and terms of bulk access licensing could be managed for search engines and other corporate entities from the same system that services consumers. It’s more likely that the JOI legal team is a stick for the carrot of negotiating some meaningful price points for bulk indexing access – price points that are likely to disappoint many publishers, since the search engines know that news ad revenues would die without search engine links. What’s more promising is having legal and technology infrastructure in place that could facilitate bulk relicensing of content for reuse in new content aggregation schemes such as online mashups and in enterprise software applications.

The most concerning aspect of Journalism Online, though, is the sense that their team harbors a dogged determination to preserve the status quo at traditional news media outlets in the face of more than a decade of change fostered by online access to news. The following quote from Brill seems to set the tone for much of what JOI is trying to accomplish:
“We’re also convinced,” Brill added, “that readers, who have been paying billions of dollars a year for print journalism, will continue to support journalists by paying a modest, fair price for original, independent, professional work distributed online. They realize—as we do—that quality journalism is a vital component of a functioning democracy and free market.”
While I would agree that many people are willing to pay a premium for high-quality products and services, the implication in Brill’s statement is that they are out to support the journalists creating the news in a way that will sustain the traditions of print journalism. Given that many journalists caught up in newspaper cutbacks now have to accept wages that are getting closer to those offered for low-level services jobs while many media executives continue to do rather well by themselves, I think that it’s fair to say that the merits of the print journalism model's ability to support journalists are largely at question. This sales pitch for Journalism Online is not so much about preserving journalists as it is about preserving some portion of the lavish profits once enjoyed by a news publishing industry that no longer has near-exclusive access to publishing technologies. A “modest, fair price” doesn’t sound like the type of monies that will support glitzy skyscrapers that were paid for by those technologies. Promises and realiteis seem to be out of sync in this instance by a broad stretch.

In sum the Journalism Online initiative holds out a great deal of promise for the news media to revise its thinking on how to acquire revenues more realistically in an online environment, albeit with some sentimental froth around the edges of that promise for those not quite ready to accept the true value of news in today’s online publishing environment. In a world that has empowered over 1.6 billion people as publishers, it’s no longer realistic to think that only a handful of people who carry the official title of “journalist” are defining the supply of quality information and insights in the world. The key factor that Journalism Online really doesn’t address at all is that the news industry is surrounded by valuable sources of information that leave them struggling to define a fundamental value proposition, regardless of how it may be financed. News organizations are also surrounded by technology platforms that make it possible for consumers and enterprises to aggregate, filter and analyze news far more efficiently than via their own publishing platforms. The “let’s tame Google” approach to trying to control content linking and access belies the reality that the contexts in which news is most valuable are increasingly far away from publishers’ own Web sites. There's some tacit acknowledgment of this concept in the JOI positioning, but only time will tell if they can emphasize licensing of content for reuse efficiently enough to make a real difference for news producers who must compete with and complement new sources of engaging news and information.

The search for subscription and royalty payments fostered by Journalism Online also tends to gloss over the ad-driven culture of most of today’s news organizations that restricts fairly radically what topics and personalities gain their attention in their search for an increasingly limited “truth.” If JOI could help fund a broader approach to journalism that gave coverage to less ad-worthy topics, then truly it would be living up to its ideals. It’s far from clear, though, that the news organizations that Journalism Online intends to support are likely to maximize the funding of such “news for the sake of news” journalism any time soon, though. But as an alternative to AP’s trenchant response to online publishing, it at least offers some hope for the news industry as a whole as a means to overcome some of the challenges posed to it by online content distribution capabilities.

The concepts behind Journalism Online may yet succeed in helping the news industry to secure more revenues from online publishing, but it is already a far different industry than the one that used to be dominated by the organizations which JOI is approaching to use their services, an industry which needs to support independent journalism far more effectively and which benefits from content being aggregated in any number of venues. In the meantime, technology and services providers such as Sonoa Systems and Zuora offer their own broad approaches to content distribution and monetization that offer a broad array of publishers their own alternatives to the ads-only monetization game. It’s about time that industry veterans like Brill, Crovitz and Hindery got up the gumption to try an initiative like Journalism Online to shake the news industry out of its doldrums. Hopefully they will not run out of time to convert existing news organizations to the use of their proposed sevices before their potential revenue streams have drifted towards newer sources of journalism for good.

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By John Blossom - posted at 7:03 AM
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John, this is a great post. But I have to disagree on one very major point. The value of content is not in syndication. Precisely the opposite is true. The value of content in the eyes of the reader flows from the authority and reputation of the source. And in this era where the traditional news sources have so devastated their own reputations the source is the individual journalist / author of a piece of content. The NY Times and the AP can, and do on occasion, serve as a conduit for valuable journalism but so do many other channels. The context of an article is not he context of which paper it is published in. The context is the authority of the particular journalist.

What follows from the destruction of brand value at traditional news sources is that the article itself becomes a focal point of content value and monetization. And the context of who has linked to this story and what the comments say (and the publication history of the journalist /author) are the significant indicators of value and importance. The reputation of the importance of the content is what can, in fact, be monetized.

To this end all syndication is a negative value proposition that should be abandoned. And in its place links be created. The target of links will need to make out bound links to the commentary that cites the target. (bidirectional linking, trackback links, cited by links) These out-bound links to the commentary are the proof that the content the audience is viewing is important. The content would then always be indexed in situ on the publishers site and never on the site of a syndication partner.

News sources will at first feel that this is dealing an even stronger hand to Google. But it is not. Readers will follow links from news article to news article with less and less search engine intermediation.

The particular mechanisms of monetization, advertising, subscriptions, micropayments will all end up directly controlled by the one and only definitive host publication of the content. And in this context the JOI initiative may make some sense. It is after all a business model widely used by online pornographers. A single subscription to multiple content providers.

But for link based monetizatiion of news to work the traditional news publishers need to abandon the notion that only they do journalism. Let's face it they only occasionally meet the standards of journalism themselves and have very weak footing from which to complain that online only sources such as blogs meet a lesser standard. The almost comical desperation in way that recent announcements have portrayed all non-newspaper content as non-journalism is counter productive.
 
Timothy,

Thanks for an excellent and well-reasoned comment. I agree that the authority and reputation of the author is the key component of journalism's value in the online environment. Publishing brands can augment that authority with other editorial insights, but ultimately it's the author's insights that we value.

I agree that the link economy eliminates much of the need for traditional syndication - hence search engines as largely our friends. But in an era of mashups and other content aggregation techniques authors need to accept that viral distribution of their content must be an inherent part of their marketing strategy. The tools to manage such a strategy have been weak to date, but they are improving rapidly. Journalism must appear when and where people want and need it to be in its most valuable context. While this means more than just traditional syndication, it's also far more than just driving traffic to a fixed portal. We need to get used to being part of the movable feast. Thanks again for the comment.
 
I find the JOl initiative fascinating. And I do believe it has a chance of working; the strategy and timing are well-chosen. But I think JOl's rather benign appearance may be misleading.

What I think JOl is doing is launching a legal initiative to force search engines and aggregators to pay royalties for the content (of JOl members) that they use. They have hired a legal team with major credentials to create a credible legal threat to those who resist. It's really kind of brilliant, because the royalties that they manage to collect will only be paid to JOl members - non-members who wish to get in on the action will have to join.

The publishers probably could not afford the financial and political costs of doing this themselves, and they would also run serious anti-trust risks as well. The publishers (and journalists) probably do (as it claims) support JOl, because they have their backs up against the wall. The timing is perfect.

One clever thing they're doing is disguising the aggressive nature of the legal initiative, and they're also clever in claiming a piece of the action - a major piece. JOl is setting itself up to be the public interface to all its members for authentication, billing and payment. On top of that they're going to sell universal subscriptions themselves, as well as strategic consulting services.

You state that JOl's plan is mostly "in sync with what Shore has been advocating for years." On the surface, that looks to be true. However, when you examine the details, I think you'll find that what JOl is doing is precisely the opposite of what you've been advocating. They plan to tighten control of content and force search engines and aggregators to capitulate and pay royalties. They clearly do not agree with your view that indexing and other forms of aggregating are "fair use."

The single logon and common payment and billing is pretty conventional - been tried many times in the past. The reason it may work this time is that JOl is integrating it with their move to take a leadership role in the content monetization activity. However, their strategy to do so is to apply brute legal force. It's directly tied to the idea of getting royalty commitments.

I also think the notion of getting consumers to pay for content is a smokescreen. I suspect that JOl doesn't really believe that, at the moment, many consumers will pay for their members content. However, as they start extracting royalties and entice more publishers to join, there will be less and less comparable content remaining that will be free. Hence, they play to change the dynamic so that consumers will eventually HAVE to pay.

All in all, my first impression is that JOl is a well-designed initiative that might have a huge impact on the online publishing industry. If they were selling stock in themselves, I'd line up to buy some.
 
Terry,

Excellent comments, as always. I agree with your analysis of the legal angle, it's definitely a play to maximize the potential for royalties - and there's reason to think that it will work. It worked for the book industry with its settlement, it worked with the Belgian papers a while back. But at the end of the day I think that the scope of such a settlement will prove to be disappointing to those who had hoped for a one-to-one subsidization of business as usual in the news industry.

I agree that there are components of Journalism Online that are not compatible with The New Aggregation, but the core concept - enable more automated monetization of highly distributed content in whatever way that it provides value to specific audiences in specific contexts - is there in the middle of this scheme. This makes me hope that the less constructive aspects will fall by the wayside via market forces and leave the more constructive aspects available for the content industry. Hopefully.
 
John, whether the content indexed by Google and the links and snippets they publish push the bounds of fair use is a huge open question. I don't think you should dismiss their concerns as misplaced. The AP and other publishers may be right to take a stand on this issue, especially since scraped (pirated) versions of their content often appear at the top of the index. Pirates, I guess, are better at SEO than are publishers. A good compromise is for Google to "read" a tag embedded in the content that authenticates the originator of the content and identifies them as such in the search returns. That would help the publishers get the traffic and the ad revenue they deserve.
 
Mike,

Thanks for your comment, I know that it comes from a position of great experience and insight. I agree completely that publishers have a very legitimate right to attack and to deter content pirates who set up sites that pilfer entire articles or significant portions of them and then take ad revenues that would otherwise go to the legitimate source of that content. Technologies such as your iCopyright Discovery help to reclaim lost revenues in these circumstances and that's to be applauded.

I also agree that using tagging or other technologies to identify legitimate originals and copies of content is an excellent idea, one that I've advocated for via this blog many times. As you know from Attributor research and your own research, content piracy is a sizable drain on publisher revenues and should be curtailed.

I also agree that there are many Web sites out there that take more than their fair share of content and that claim "fair use" whose use is probably beyond any reasonable definition of that use. When I see three or four paragraphs of an article in a blockquote on a blog, for example, that seems like an attempt to pre-empt someone from going to the original work more than an attempt to highlight a salient point from that article. As you know, technologies are in place to identify these also.

Where things get messy is when the publishers go to the search engines and claim, "This is all your fault!" While there may be exceptions, in general search engines are just highlighting headlines and very small snippets of an article that are well within any fair estimate of fair use doctrine. On Google News, for example, you'll find that snippets from the lede appearing below headlines are typically about 38 words, cut off rather randomly. This is not likely to stand up as an abuse of fair use or copyright, nor the aggregation of headlines as a whole.

The real issue is the vast underinvestment by publishers in infrastructure that responds effectively to the opportunities and challenges that arise in the online publishing environment. To your example, if a fairly lame Web site pirating content from news organizations can out-rank a major publisher's own content in search engines, then that's as much a reflection on the capabilities of the publisher as on the illegal use of their content. I have been to too many conferences where publishers who were happy to have online be a fraction of their overall revenue streams who are now faced with the uncomfortable prospect of having to rely on online content for most or all of their revenues. The standards and the infrastructure to license and sell content online far more effectively should have been in place years ago. Hopefully using technologies such as iCopyright the industry can confront the real issues of online content monetization in a highly open and competitive online environment more effectively. I am hopeful that the time has come when they'll do that effectively.
 
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