On May 25, 2013, I'll be darkening the World Nutella Day site, nutelladay.com, and all social media presence (Facebook, Twitter), in compliance with a cease-and-desist I received from lawyers representing Ferrero, SpA (makers of Nutella). The cease-and-desist letter was a bit of a surprise and a disappointment, as over the years I've had contact and positive experiences with several employees of Ferrero, SpA., and with their public relations and brand strategy consultants, and I've always tried to collaborate and work together in the spirit and goodwill of a fan-run celebration of a spread I (to this day) still eat.

I've spent hundreds of hours interacting with you, the fans, collecting and sharing your contributions, updating the World Nutella Day website with more than 700 recipes which were painstakingly gathered from bloggers sending me their posts and by scouring the internet for the best Nutella recipes, Tweeting and sharing on Facebook your favorite sayings, stories, and links about Nutella, and encouraging everyone to try it just once! Thanks for letting me be a part of that – it was truly a labor of love by a fan and something I did as a fan, in my (very little) spare time, and I have a full-time job I love. I hope that February 5th stays alive in your hearts and on your spoons, and hopefully it's arrivederci (see you soon) and not addio (goodbye).

Little known fact: the entire stadium is made out of tropical flavor skittles
Image source: CC BY 2.0

The flea-market ownership of the Miami Marlins have let down their fans too many times to count through the years, whether it's running one of their traditional fire sales — see: November's $160 million salary dump — or pocketing revenue-sharing money intended for players. Or, lest we forget, getting South Florida taxpayers to plunk down 80 percent of the cost for a new $634 million baseball park. But this might take the cake even for them.

The team has threatened to sue Bill and Jan Leon, season ticket holders since 1998, for having the gall to ask for a different seat location — as they say the ticket agreement permits — and refusing to pay when the team failed to comply. The New Miami Times reports the Leons signed a two-year agreement for their tickets (at $25,000 per year) with the option of changing their seats if they were unhappy with their location after the first season. Which they were, thanks to a sign that obstructed their view.

The pact is expected to last 10 years and split revenues 50-50 between owners and players, similar to the CBAs in the NFL and NBA. The players are set to return to the ice, but will NHL fans come back as well? The 2004-05 NHL lockout that wiped out an entire season did not keep fans away when hockey returned in October 2005. In fact, it was the exact opposite in many cases. Attendance increased for the majority of teams with nine teams experiencing a bump of at least 5% compared to the 2003-04 season. The Pittsburgh Penguins led the way with a 33% gain, as recent top draft picks Sidney Crosby and Evgeni Malkin made their Pens’ debut. Attendance for the Carolina Hurricanes rose 26% thanks to the team’s Southeast Division crown and first Stanley Cup title.

NHL teams derived 47% of their revenues last season from arena revenues controlled by the fan. These include gate receipts, concessions and parking. The other half of revenues hail from media contracts, luxury suites, sponsors and non-hockey events. Of the major U.S. sports, baseball is the next highest at 46%, but that figure is set to drop with the explosion of local media deals in the sport like the impending Los Angeles Dodgers deal worth more than $6 billion. The corresponding percentages in the NBA and NFL are 34% and 24% respectively. The NHL simply does not have the media rights fee millions (or billions) the other sports possess.

Well, Sega has apparently decided to buck their trend of being mildly annoying to their fans... by upping the ante and going full-blown fan-screw-crazy. They have apparently been going on a YouTube video take down blitz for anything related to their Shining Force franchise to somehow protect an upcoming PSP release in the series from being... well... maybe they think that... no, that doesn't work... you know what? I don't know what the hell they're afraid of, but they're pooping all over a bunch of fan videos.

Many YouTube channels have already been hit, including that of popular game critic TotalBiscuit, who has since removed all Sega content from his page out of disgust. No type of content was spared -- Let's Plays, walkthroughs, and random gameplay clips all got flagged. Hell, even videos of fans just talking about the Shining series with no accompanying game footage whatsoever are apparently copyright violations!

Remember earlier this year when the Internet took a stand against SOPA / PIPA? This was the kind of nonsense we were fighting against. This is unbelievably bad form. It makes no sense either, because why are just the Saturn Shining games catching most of the heat? Why isn't Sega going after the whole pie? If you are going to be a dick, don't stop in mid-f*ck.

Somewhere deep down, we're sure Troy Gua expected he'd someday have to face saying goodbye to the much-lauded miniature doll that was at the center of his art series, Le Petit Prince. This was no small project -- Gua literally recreated many famous Prince moments with the little guy and even included detailed props like the Purple Rain motorcycle. Ironically, we were recently emailing with Gua to do a piece about the new calendar he was putting out featuring some of these photographs, but this week Gua sadly informed us the dream is over. He received a cease and desist letter from the real Prince's people on Monday.

If it wasn't clear before, his Purpleness has some very stringent ideas around what his fans can and cannot do in their appreciation of him. In a nutshell: Yes, please do pay $250 for that concert ticket, but 'Hova help you if you seek to publicly admire him through music or art.

These aren't the defendants you're looking for.
Image source: CC BY 2.0

In 2007, Lucasfilm even released tools that would more easily enable remixing of Star Wars content. A top Lucasfilm lawyer, Jeffrey Ulin, began speaking at conferences and to the media about the value of fan mash-ups and remixes. Those works were "part of keeping the love of Star Wars and the franchise alive... We're really trying to position ourselves for the next 30 years," Ulin told the Wall Street Journal in 2007.

Certainly, Disney fans who make their own movie featuring Mickey Mouse are more likely to get a cease-and-desist letter from a Disney lawyer than an award. After all, it was Disney who famously lobbied Congress to extend copyright terms in 1998, so much so that some dubbed the new law the Mickey Mouse Protection Act. Perhaps no single company more than Disney bears more responsibility for the sorry state of the US public domain, which hasn't seen any significant works added to it in decades. For the most part, culture after 1923 has been frozen in a state of private ownership—mostly owned by the large media corporations that began rising at about that time.

Alongside the massive interest this approach generated, the other big benefit for the band is that it avoids the uncertainties of releasing the album first to music journalists, who are much more unpredictable in their reactions. Indeed, it was only the next day that the music press got hold of the story, by which time the huge viral success of this campaign meant that there was no question of ignoring the new album or its enthusiastic uptake. In other words, the traditional news outlets found themselves forced to acquiesce in the narrative generated by the fans, rather than being in control and telling those fans what to think.

Clearly, this isn't a strategy that can be used too often, and there's also the issue of how good this kind of connection is at generating sales. But it does underlie the importance of fully understanding the social structure of the community of fans -- in this case, in order to find a superfan who could be used to seed the rest of the fan base via an enthusiastic recommendation. There are many other possible ways of involving people who are key "nodes" in the social graph -- the ones whose influence really counts -- and we'll doubtless be hearing about them in due course.

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we will feed you beer, hug/high-five you up and down (pick your poison), give you merch, and thank you mightily for adding to the big noise we are planning to make.

me and my band have discussed it at length. and we have decided we should pay all of our guest musicians. we have the power to do it, and we’re going to do it. (in fact, we started doing it three shows ago.)

They believe she should pay.

Because she raised a million dollars on Kickstarter and they didn’t!

Amanda ankled her major label deal, she makes money on Twitter, she uses the new technologies to both reach people and profit and they don’t like it. They could join in, but then they might fail, and they wouldn’t be able to sit at home at bitch.

my management team tweaked and reconfigured financials, pulling money from this and that other budget (mostly video) and moving it to the tour budget. 
all of the money we took out of those budgets is going to the crowd-sourced musicians fund. we are going to pay the volunteer musicians every night. even though they volunteered their time for beer, hugs, merch, free tickets, and love: we’ll now also hand them cash.

- Lady Gaga, major label artist, sends out an invite for interested fans to jump onstage and perform for a couple of tracks in exchange for discarded wigs, unused wardrobe and travel bottles of Ciroc. (Feel free to substitute a major label artist you can actually tolerate for Lady Gaga, if need be.)

- Indie legend Weezer sends out an open invitation for interested fans to perform onstage with them at their tour stops in exchange for corrective lenses, sweaters and "Pinkerton" CDs rescued from the cutout bin.

- Label-free artist Jonathan Coulton sends out an open invitation for interested fans to perform interpretative dances during his live appearances in exchange for retweets and a 4-song EP dedicated to you and recorded backstage while you wait.

if my years working as as street performer taught me anything, they taught me to accept help in every way, to never be too proud or afraid to ask for it. i never got pissed at a passerby for not throwing change in my hat. i stood there knowing that maybe 15 people later, maybe 20, maybe 100…someone would. it’s literally an opposite strategy from someone deciding that they, on principle, won’t gig for free.

i’ve built my life as a musician, like many many people in rock and roll, playing for free….a LOT.
or playing for beer.
playing for exposure.
playing for fun.
playing just to be able to sell merch.
playing to do somebody a favor.
playing a benefit to help a cause.

we’re looking for professional-ish horns and strings for EVERY CITY to hop up on stage with us for a couple of tunes.

when we handed the musicians their surprise cash backstage in new orleans the other last night, they laughed like mad and said “after ALL THAT, you're going TO PAY US??!!

moreover: i feel like we accidentally put ALL of our volunteer musicians into a weird situation that they didn’t bargain for….they unwittingly signed into a kerfuffle they never asked to join. all they wanted to was to hop on stage, rock out, and drink beer with us, etc.

so you all know: when this all started going down last week, jherek sent an email out to his current list of volunteers telling them that we totally understood if all this controversy was weirding them out. and we gave them an opportunity to pull out, no hard feelings.

since this started, not a single musician has pulled out.

I can’t tell you how many “you’re such a stupid cunt” and “i’d pay to travel just to fuck up your gig…if i played violin” tweets i’ve seen in the past few days...

You’re just not willing to work that hard.

That the only thing holding you back is you. Amanda does not know the word “no”. And every effort is an investment in her career. Money is secondary. She wanted to raise a million bucks on Kickstarter, did, and now it’s almost all accounted for, profit is next to nothing.

If she sleeps, it’s not for long. I felt lazy just being in her presence. But that’s what it takes to make it today. Hard work. Are you prepared? 

And hard work is not e-mailing journalists who don’t care, it’s not badgering people to watch your YouTube clip and like you on Facebook, it’s doing something so good people are drawn to you.

As the article's author, Ben Walters, writes, beyond the surface humor, there's something interesting happening here:

sweded movies are a form of talking back to Hollywood. Along with recut trailers and "supercuts" of familiar tropes, they represent a fledgling digital moving-image culture that presents a radical challenge to the mainstream movie industry. They are created as fun for fans but the ideas of entitlement and agency underpinning these videos will shape how we all consume -- and produce -- moving images in the 21st century. They are a taste of what comes after Hollywood.

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“The band’s attorney made it clear to the licensing people [at Nuclear Blast Records] that the band wanted no part in lawsuits against fans. The industry is changing, illegal downloading is troublesome for bands and of course, for record labels, but whatever the solution will be – streaming, subscription, Kickstarter, new ways of looking at it entirely, whatever comes about – the band and I are in agreement (as is their lawyer) that SUING MUSIC FANS SURE ISN’T IT,” Downey told TorrentFreak.

“The band, their attorney and myself have and will continue to take any steps to protect their fans, yes, even those who file trade,” Downey told us. “The band would prefer that their fans legally purchase, stream or otherwise enjoy their music. But they definitely have not, will not and do not wish to sue their fans.”

CBS, which owns the rights to the Star Trek franchise, is one such company. Though they've meddled in harmless fan creations before, they deserve credit for being generally quite supportive of such projects, most notably the 100% fan-created web-series Star Trek New Voyages: Phase II. But, as usual, inconsistency reins—Steve R. points us to the news that CBS has blocked Phase II from producing an episode based on a long-lost, unused Star Trek script.

Last fall an unused script for the cult 1960s television show turned up after being forgotten for years. Its author, the science-fiction writer Norman Spinrad, announced it would become an episode of a popular Web series, “Star Trek New Voyages: Phase II,” which features amateur actors in the classic roles of Capt. James T. Kirk, Mr. Spock and other crew members of the starship Enterprise.

But then another player stepped in: CBS, which said it owned the script and blocked a planned Web production of it.

There are a lot of details that are important to understanding what happened. For one thing, Phase II is not some slapdash production—the show has involved several Star Trek alumni (including Walter Koenig and creator Gene Roddenberry's son Eugene) both on and off camera, and the creators have enjoyed an open and supportive relationship with CBS. They found the contested script through Spinrad, the original writer (but not the copyright holder), who had been selling it online since he discovered a copy of it last year. CBS also had a brief dispute with Spinrad, which was settled with the removal of the script (and an agreement to make no further comment).

Spinrad and Phase II creator James Cawley don't seem bothered—though, if they were, they wouldn't/couldn't say so, Spinrad because of his agreement and Cawley because of his desire to stay on good terms with CBS. Meanwhile, the fans (who were excited by the prospect of a long-lost script) get nothing. So what exactly did CBS accomplish here? Spinrad's final comment about the dispute makes vague references to their plans to license the script, but it's still not clear why they couldn't let Phase II produce it anyway, especially considering they have supported them in the past. As people have pointed out, this isn't even the first time Phase II used an abandoned Star Trek script: the 2007 episode "Blood and Fire" was originally pitched to The Next Generation in the '80s. There may be a technical difference that some commentators are missing there, in that it seems like "Blood and Fire" was a rejected pitch while this new script was shelved during production, but exact details are hard to pin down. Either way, nobody can tell why CBS is suddenly exercising their rights over this one script when they have been so tolerant of Phase II in the past. Their statement doesn't offer much:

“We fully appreciate and respect the passion and creativity of the ‘Star Trek’ fan and creative communities,” CBS said in a statement. “This is simply a case of protecting our copyrighted material and the situation has been amicably resolved.”

Amicably? Maybe. Beneficially? Not as far as I can tell.

For starters, the UFC seems to believe that there are two types of MMA fans: the type who buys the pay-per-views, and the type who watches them illegally. In reality, the line between those two groups is probably a lot blurrier than Zuffa realizes. Chances are very good that some of the people who have streamed events in the past have also bought them, and probably will buy them again at some point in the future. Maybe they only pony up the $55 for the pay-per-view when the card is good enough, or when they can get friends to split the cost with them. Maybe they stream it when they only care about one or two fights, or when they’re simply too strapped for cash to afford it.

My point is, not all piracy is created equal, at least on the receiving end, and attacking viewers as if they are distributors could do much more harm than good.

For instance, picture a 19-year-old college student just about anywhere in America. He wants to see a UFC event, but maybe he can’t even afford basic cable, let alone a pay-per-view. He can’t go to a bar to watch the fights (unless he has a convincing fake ID), so he stays home and finds an illegal stream on his laptop, because he can't stand to miss the big fight. Then, months later, he gets sued by the UFC.

What’s going to happen when that kid graduates, goes to work, and finds a job that will allow him to enjoy luxury expenses like pay-per-views? You think he’s going to become a loyal customer of the company that sued him back when he was struggling to buy books? You think he’s going to buy a ticket to see a UFC event when it comes to his city? You think he’s going to buy merchandise or watch free events or patronize the UFC in any way after that experience? Maybe. Or maybe he’ll hold a little bit of a grudge. You know, for the rest of his natural life.

Being part of a community is a give-and-take process. We only succeed because you have faith in us, and we have worked hard over the years to build up that trust. We were sorry to see that many gamers felt that our actions didn't respect the faith that they have put into CD Projekt RED. Our fans always have been and remain our greatest concern, and we pride ourselves on the fact that you all know that we listen to you and take your opinions to heart. While we are confident that no one who legally owns one of our games has been required to compensate us for copyright infringement, we value our fans, our supporters, and our community too highly to take the chance that we might ever falsely accuse even one individual.

So we've decided that we will immediately cease identifying and contacting pirates.

Let's make this clear: we don't support piracy. It hurts us, the developers. It hurts the industry as a whole. Though we are staunch opponents of DRM because we don't believe it has any effect on reducing piracy, we still do not condone copying games illegally. We're doing our part to keep our relationship with you, our gaming audience, a positive one. We've heard your concerns, listened to your voices, and we're responding to them. But you need to help us and do your part: don't be indifferent to piracy. If you see a friend playing an illegal copy of a game--any game--tell your friend that they're undermining the possible success of the developer who created the very game that they are enjoying. Unless you support the developers who make the games you play, unless you pay for those games, we won't be able to produce new excellent titles for you.

You lose your Internet. That's it, no more Internet for you. Seriously! Like you drive drunk, you lose the privilege of driving. You download illegally, you lose the privilege of having the Internet. The punishment fits the crime. Why these service providers don't stop the torrent sites and put a consequence on this, I have no idea. Everybody complains about the trillions of dollars being lost, but nobody does anything about it. Believe me, if I could do something about it, I would.

There is no argument. I'm not even going to get into that conversation. You're stealing! It's stealing, that's what it is. It's not free for us to make these records. These records are on sale in many, many places where you can pay your money to buy the product that we are selling. Anything outside of that is stealing. There is no conversation to be had. There's no, "Well, I just wanted to check it out, and then I liked it so I bought the record." I don't give a fuck. It's stealing. Everyone can say that, "I just wanted to check it out," or "There's no way for me to get music where I live." That's bullshit. It's fucking bullshit! I've been doing this for way too long. I sold records in the '80s and '90s before there was an Internet, and no one seemed to have a problem going out and buying a shit ton of records back then. The whole record industry has collapsed because people are stealing. That's the end of the story.

The owner of the site then responded that it was merely a non-commercial, unofficial fan site for Gaga that "does not have any sponsored links or links to third-party websites which market and sell merchandise bearing Complainant’s trademark.”

The owner added that her fan site supported Gaga's fame and was giving the singer free publicity. In other words, the site owner (identified as "Miranda") loves Lady Gaga so much that she's willing to erect a digital shrine to her, and lawyers shouldn't interfere.

The better part is after we gave up our phones, another security guard waves a metal detecting wand over us and we had to empty our pockets on any hits. My friend has a license to carry a firearm and was carrying - we thought this would be a problem (it's a center city Philadelphia theater), but no, he didn't care about his loaded handgun. Apparently a cameraphone is the bigger threat to a movie that will be publicly released 2 hours after we step out of the theater. Of course the DVD screener has been available on usenet for 3+ months.

An anonymous fan recently asked a question that's on the minds of artists all over the creative spectrum:

What do you think about the people that leak and download your music (or any music) without paying?

Bassnectar's thoughtful (and amazing) response runs an entire page and is quotable all the way through. He begins by addressing the "leaked album" situation:

When we sent out promos of "Divergent Spectrum" we knew without a doubt it would get leaked. It is kind of an honor that enough people care, that they want to get it and share it as soon as possible. Instead of worrying about it, we just figured "Let's let people decide what they want to do." If they want to support me, let's make it easy for them to do so. We created a presale option, and added a stack of exclusive Bonus Material (loops, bits, outtakes, sketches, ...kind of like the "Special Features" on a DVD) as a gift to everyone who did this, knowing it was an act of love and support for them to pre-order something they could just download for free.

There are two key points to this statement, points that other artists (or more often, their default representatives -- label spokesmen, royalty collection agencies, etc. ) tend to ignore when discussing piracy. One: a leaked album is a sign of interest. Very few people will track down a leaked album from an artist they have no interest in. Two: make it easy for fans to support the artist, preferably directly. The more paranoid you are about leaked albums and "lost sales," the less likely it is that your music is easily found and purchased.

Bassnectar goes on from there, letting his fans (both paying and non-paying) know how thrilled he is with being Bassnectar:

For me, I am so incredibly grateful for everything in my life right now, i can't really ask for more. We have sold out nearly every single show in the past year, and the legion of bass heads is growing every day. I am honored that people want to explore my music. I am honored that they want to share it with their friends. I am not worried about being supported, because I feel so much support each day, in so many different forms.

On principle though, I do think it is important for ALL ARTISTS to make it easy for people to support what they love. And it is important for those who love the art to decide how they can support art and artists, and allow it to continue.

There it is again: "make it easy for people to support what they love." Hitching your music to major label's whims, proprietary systems, various rights agencies and digital rights management "tools" does nothing but make it harder for fans to support you, much less share the experience with others.

He also hammers home a point made over and over again here at Techdirt: spending time and energy attempting to prevent piracy will only leave you tired and frustrated. The music world doesn't work the way it used to, relying on "top down" distribution. At the same time, he makes a genuine request: if you love an artist, find a way to support them.

In 2011, art and culture exist as DIGITAL MEDIA, and it is naive to think it will not be leaked or downloaded or shared or "stolen" repeatedly. It is just a fact of life. People need to decide for themselves if they want to steal or not. And if they *DO* then they can decide if and how to follow up with support. If you download leaked music, and you enjoy it, why not go buy an official copy? It seems fair. You are not obligated to do this, it is just a choice. Do you enjoy the artist? IF YOU ENJOY, THEN SUPPORT. If not, then simply carry on. It takes a LOT of time and energy for artists to create their craft, and even more time and energy for them to prepare a release, and to distribute it. You can support what you love in many ways, and in a sense you vote with your dollar.

It's that simple. An artist's best weapons against piracy aren't takedown notices and legislation. The best weapon is still an honest connection with your fans (paying or not). Simply talking to them directly about you and your work does more for your bottom line than a million anti-piracy screeds. Even better, give them a reason to buy and as many ways to buy as possible.

I'll leave you with this choice clip of Bassnectar in action, sporting the finest head of heavy metal hair to ever find itself in front of a tableful of electronic noisemakers:

Oh, and his discussion has spilled over onto his Facebook page as well, which is worth checking out.

The one thing I've learned is that, like any other type of art, it evolves. So if you're a business that supports a type of art, you need to evolve with the art. Now, a lot of things have happened that have made creating art a lot easier with the computer. And it's also made the distribution of art a lot easier.... What I have chosen to believe is that if you look at your band with a modern filter, your band has so much potential to have all these different elements about it. You can create all this really cool merchandise and concert/live experiences. You can create a really cool portal on your website. You can mix all these elements together and I always believe that if the tools are available, you can monetize all these other elements, and not really worry about selling the record. In fact, I believe that, you should take down every barrier and put as much music out there for free...

In my mind, the way the music industry is changing is that music is easier to make and it's easier to give away for free. And that will enable the band and the music and the art and everything to be bigger than it's ever been. It's just how do you collect that and how do you build your business...

Seriously? How about fighting the record label dorks or manufacturing companies who let the album leak in the first place? Maybe the boss battle should be with the label exec who can't come up with a modern release plan that avoids leaks entirely?

Merchandise, he said, is helping the cause. When Aglialoro obtained rights to the movie almost 19 years ago, he also got rights to sell such items as T-shirts, mugs, posters and even jewelry, though not dolls, video games and other "interesting exceptions."

On Tuesday, the Website atlasshruggedpart1.com was sold out of its most expensive item: a $159 bracelet made of "Rearden Metal," a replica of the one heroine Dagny Taggart (Taylor Schilling) wears in the film.

"The merchandise has taken off like we couldn't believe," he said. "We're shipping to every continent."

• create for a specific audience and target them where they are, rather than casting a wide (but super expensive) net.
• connect, connect, connect with that audience and let them help you spread the word
• offer alternative business models that let people support you at much higher price points ($159 bracelet for AS, $60+ tickets for a movie and Q+A for Smith)