Michigan has 4.5 million individual taxpayers, and the state gave the film studio $39.7 million to shoot the movie in Pontiac. That works out to a subsidy of $8.82 per taxpayer while average ticket prices nationwide are $7.96.

The subsidy was granted in 2010 when the program refunded up to 42 percent of Michigan expenses to film makers — essentially a check from the treasury to Hollywood studios. The program expired, but the Legislature, dominated by Republicans, overwhelmingly decided to keep it around.

As part of the financing process, the filmmakers wanted to borrow about about $18 million in municipal bonds. In order order to do that, they needed a backer. So the state stepped in, and agreed to use its state worker pension funds as a guarantee. "If the investors failed to pay," the New York Times reported in a piece on the deal last December, "the retirees would be on the hook."

Michigan Motion Pictures Studios, which is being celebrated in the local media for having made the movie, "Oz The Great and Powerful," in Pontiac, has missed its last three payments on $18 million in bond obligations...

According to state officials, the state retirement system has made three payments since February of last year totaling $1.68 million.

In March 2012, Raleigh Studio's then-chief financial officer Steve Lemberg blamed the studio’s financial struggles on the film tax credit being reduced.

The state reduced the tax credit from $100 million when the studio was being built in 2011 to $50 million last year. Gov. Rick Snyder has $25 million budgeted for tax credits this year.

The city of Allen Park recently requested an emergency manager after losing what will turn out to be tens of millions of dollars on a failed movie studio project that promised to create 3,000 jobs. It created none and left the town nearly bankrupt.

"Can you tell me why video games need a tax incentive?" Sen. Eleanor Sobel, D-Hollywood, asked Department of Economic Opportunity Executive Director Jesse Panuccio at one point.

"I just don't see video games as an issue that's going to bring a lot of people to Florida and [bring] big expenditures," added state Sen. Gwen Margolis, D-Coconut Grove.

"To have such a concentration of it going to games — I mean, people sitting at computer terminals — I'm not sure most of us really think that's film," said state Sen. Jack Latvala, R-Clearwater. "Film is movies. … People have to hire a lot of folks and they have meals and have to stay in a hotel room."

"I think we ought to be focused on those kinds of things [rather] than games," he added.

"Do you consider any difference if a company is already situated in Florida and has a stable workforce, compared to a company that comes into the state and hires people that might not be hired otherwise, purchases food for the people they've hired, provides lodging for them?" [Sen. Geraldine] Thompson asked.

The original tax incentive applied to productions costing less than $15 million to make ($20 million in low-income areas). The 2008 extension applies to all films, up to a deduction of $15 million (or $20 million in low-income areas). The incentive is especially generous to television series; it applies to each TV episode.

First, I confess I hadn't fully thought through how to map the various heroes and villains of ‘Kill the Hobbit’ back onto ‘The Hobbit.’ But on reflection, this drawing seems a bit off. In my version of the story, the hobbit is the villain, stealing gold from the people of New Zealand (I guess to take back to Hollywoodshire?) This would make Smaug the dragon the public, and Smaug’s giant pile of gold the commonwealth (that’s why it’s so large). Smaug should be casting the Expecto Patronum (EP) spell to banish the Hobbit, not the other way around.

But hey, people may see it differently, and their right to publish those perspectives on our common culture is part of what’s at stake in ‘Kill the Hobbit to Save Regular Earth’ (pivoting here to New Zealand’s support for the IP-enforcement-on-steroids Trans-Pacific Partnership Agreement).

So with that in mind, I am happy to announce the ‘Kill the Hobbit to Save Regular Earth’ Initiative– KH2SREI for short (pronounced Kisstory, after the ancient Elven admonition to beware Hobbits bringing gifts).

I invite you to flesh out the Kisstory allegory in whatever direction makes most sense to you. If you send me pictures, I will publish them here (as long as they are not obscene or gratuitously nasty). I will even try to talk the good people at Bloomberg View into running them. And if we get enough submissions we will have a public vote to award copies of the “semi-epic” Media Piracy in Emerging Economies to the two most worthy entries (plus whatever other awards we can accumulate in the meantime.)

As for those "other awards", we're throwing a Techdirt t-shirt into the mix. So if you're a creator, whatever your medium, we hope you'll submit something! Head on over to the contest page for more details and some "extra points" guidelines, including a "Special award for the best pro-Hobbit, pro TPPA, pro Warner Bros art, if we get any" because hey, political cartoons can cut both ways.

“Based on fanciful estimates of economic activity and tax revenue, states are investing in movie production projects with small returns and taking unnecessary risks with taxpayer dollars,” noted a 2010 Tax Foundation study. “In return, they attract mostly temporary jobs that are often transplanted from other states.” Studies of specific state incentive programs confirm this finding, almost universally finding miniscule revenue gains for every dollar of film subsidies offered. The adjoining table, derived from a meta-survey of film incentives studies by the Center on Budget & Policy Priorities, illustrates how much revenue was lost per net job created by film tax credits as well as how little revenue each program generated for every dollar of state revenues awarded.

State	Net Revenue Foregone per Net Job Created by Film Tax Credit	Revenue Gained from Feedback Effects per  Dollar of Film Subsidy Claimed($)
Massachusetts	$88,000	$0.16
Connecticut	$33,400	$0.07
Louisiana	$16,100	$0.13
Louisiana	$14,100	$0.18
Michigan	$44,561	$0.11
New Mexico	$13,400	$0.14
New Mexico	($400)	$1.50
Pennsylvania	$13,000	$0.24
New York	($2,000)	$1.90
Arizona	$23,676	$0.28

The only two studies that have revealed positive results for such film incentive programs were both conducted by Ernst and Young on behalf of the New York and New Mexico film offices. All others have shown consistent negative returns.

As discussed above, such highly skilled talent tends to be imported from other states, especially California and New York. Consequently, these individuals likely spent a much smaller percentage of their compensation in New Mexico than resident employees did. While non-resident employees do spend money on food, housing, meals, and other items while working in New Mexico, those expenses are covered by allowances, which did qualify for the film subsidy and, therefore, whose economic impact had already been taken into account. E&Y’s apparent assumption that highly paid non-resident employees spent most of their salaries in New Mexico, on top of their living allowances, amounts to double counting.

How much taxpayer money can Warner Bros. demand from the government of New Zealand to keep production there (rather than, say, in Australia or the Czech Republic)? That answer turns out to be about $120 million, plus the revision of New Zealand's labor laws to forbid collective bargaining among film-production contractors, plus the passage of three-strikes Internet-disconnection laws for online copyright infringement, plus enthusiastic and, it turns out, illegal cooperation in the shutdown of the pirate-friendly digital storage site Megaupload and the arrest of its owner, Kim Dotcom.

[...] The U.K. government found this out in 2005, when Warner Bros. threatened to move "Harry Potter" productions to the Czech Republic. The government of Gordon Brown caved in to studio demands and passed new subsidies. In 2009, New Zealand also gave in and now faces demands for more.

The worst part is that, for most of the wannabe Hollywoods, it's bad economic policy on every level. The productions bring in mostly low-end, temporary jobs, while the high-end jobs remain in Hollywood or New York. Call it the Curse of Harry Potter.

One way to break the curse is to route public money through what we might call an Expecto Patronum license -- named after the powerful defensive charm in the Potter series. Under the license, public money takes the form of a conditional loan rather than a grant or tax break. After five years, producers have a choice: Pay back the loan or re-release the film under a Creative Commons attribution license, which would allow it to be shown freely.

If a film is among the few that have longer-term commercial value, its producers can choose the first path. If it isn't, they lose nothing by taking the second route. The license thus underwrites creative risk-taking without squandering public money on blockbusters. It also ensures that public investment generates public culture -- not works controlled by the studios for the next 95 years.

Within two months, 24 movies had signed up to film in Michigan — up from two the entire year before. The productions estimated that they would spend $195 million filming there, and in return they would be refunded about $70 million in cash.

Before long, residents were rushing out on their lunch breaks to catch a glimpse of celebrities like Drew Barrymore, who was filming her movie “Whip It” in Ann Arbor, and Clint Eastwood, who was shooting “Gran Torino” in the Detroit area. Even Michael Moore, who was filming a movie about corporate welfare called “Capitalism: A Love Story,” sought and received incentives.

Ms. Granholm declared the city in a financial crisis in February 2009 and appointed an emergency manager, Fred Leeb. The city’s budget was $54 million a year, but it was overspending by an estimated $7 million to $12 million. Pontiac was also still weighted down by old incentives it had given to businesses like G.M.

The movie studio was an added challenge, since it was seeking financial incentives from the city — not to mention from other branches of the government. It won redevelopment tax credits from the federal government and separate aid from the state that included incentives for technology companies that hire residents.

Job creation became a point of contention with beleaguered Pontiac, which was being asked to waive virtually all property taxes for the studio. The investors claimed that thousands of people would be employed, but Mr. Leeb said that when he asked for job numbers to be written into the contract, the investors refused. “We started seeing some backpedaling,” said Mr. Leeb, who added that the negotiations featured “knock-down, drag-out fights.”

Over the objections of some local officials, the state agreed to use the state workers’ pension funds to guarantee the bonds. If the investors failed to pay, the retirees would be on the hook.

The studio had created only 200 positions by the summer of 2011, according to correspondence between the company and local officials. And when temporary construction workers were excluded from the tally, Pontiac’s records show, the studio reported only two employees in 2010 and 12 the next year.

The city later had problems collecting some of the taxes because Disney operated through a separate business entity that was difficult to track down, he said.

“This is a glamorous industry if you want to talk about Hollywood, but it’s not very glamorous for the municipality that wants to collect something,” Mr. Schimmel said. Pontiac, he said, was outgunned.

Disney declined to comment.

When the bill for the studio’s bond interest came due in February this year, it paid only a portion, $210,000. The state pension fund had to pick up the remaining $420,000....

In August, the studio defaulted on the entire $630,000 payment on the bond, despite a decision by Mr. Snyder to temporarily allocate some film incentives.

• Americans pay four times as much as the French for an Internet triple-play package—phone, cable TV and Internet—at an average of $160 per month versus $38 per month.
• The French get global free calling and worldwide live television. Their Internet is also 10 times faster at downloading information and 20 times faster uploading it.
• America has gone from #1 in Internet speed (when we invented it) to 29th in the world and falling.
• Bulgaria is among the countries with faster Internet service.
• Americans pay 38 times as much as the Japanese for Internet data.

"The telecos got the rules changed while we weren't watching," says Johnston in the accompanying interview. Basically, the phone and cable companies lobbied Washington to change laws and regulations to favor their businesses over their customers.

And remember the so-called "Information Superhighway"?

Over the course of the last 20 years, nearly $500 billion has been collected by the telecom companies to (allegedly) bring America into the 21st century with an "Information Superhighway," says Johnston. That works out to $3,000 per household to have access to high-speed Internet.

But America did not get what it was promised and much of the country will never get fiber optic lines...

"We want to make money when people use our devices, not when they buy our devices."

Bezos's we want to make money only when you use it framing works two ways. First, it explains the Kindle Fires' noticeably lower retail prices in a way that doesn't make them seem cheaper, only less expensive. It frames Apple's prices -- and profit margins -- as greedy. Second, it works as a sort of guarantee -- if you don't actually use it, we won't even make any money on it.

Apple's goal is to sell as many iPads as it can. Amazon's goal is to sell as many Kindle Fires as it can to a specific audience: active Amazon.com customers.

• Apple: High margin hardware (scarce); make just a little on digital goods (abundant).
• Amazon: Low margin hardware (scarce); make the real margins on digital goods sales (abundant)
• Google: Low margin hardware (scarce); make some margins on digital goods (abundant), but cross subsidize both with the ad business.

34 CFR 668.14(b)(30) also requires that an institution, in consultation with the chief technology officer or other designated officer of the institution, to the extent practicable, offer legal alternatives to illegal downloading or otherwise acquiring copyrighted material, as determined by the institution. An institution must periodically review the legal alternatives for downloading or otherwise acquiring copyrighted material, and make the results of the review available to its students through a Web site or other means.

Thank you, David, and thank you for putting some of those pirates behind bars. I know that regrettably capital punishment was abolished in this country some 50 years ago, sad it is, but a few years in jail is probably pretty OK...

To the industry I would say, we would be well advised to delete two or three words from our vocabulary entirely and they are 'promotion' and 'promotional value'. There is no such thing in the 21st Century. There is usage, there are benefits, hopefully often, if not always to both sides but there is no favour in it and no indulgence and no promotion.

The only thing I would say (to broadcasters) is 'please, stop all that stuff about "promotion."' It really becomes incredibly tiresome and it's grossly overused and it's very old fashioned. It should have no place in the modern era.

Now, whether it is the copyright tribunal or society in general, is it now guided by this foolish and, to me, entirely bogus concept of "for free." And, frankly, the music industry is no different than any other business or industry or service. Sir Terry Leahy, the phenomenally successful businessman, business leader and entrepreneur, would see his business in ruins after six weeks as would Lord Sainsbury, Lord Sugar and many others, if they were having to compete with free next door or across the road.

Now, with no hostility, but with a touch of sadness, regret and frankly astonishment, I ponder, about the pronouncements of some -- perhaps a small minority -- of academics and various other thinkers and all the digital freedom fighters in terms of their arrogance, hostility -- usually deliberate -- and frankly, gross ignorance and naivete.

Now, why is copyright so fundamental to performers and record companies? It should be obvious. It's the bedrock of creativity, because it is a property right. Please, don't listen to the demagogues among the digerati who, in a completely false way, try to present copyright as a monopoly right. A nonsense. Every intelligent person and a real legal person will tell you that it is a property right.

Now, not only are we desperately short on the copyright protection for sound recordings. Frankly, we are short on the basic PPL public performance rights environment. Several successive governments have failed us to introduce legislation which actually is a mirror image of European law. And we have done something about it. We have taken legal action and will pursue it until we get the right and just result.

It has been said to my face several times, usually out of frustration when these people run out of arguments. So, when musicians get to their old age, can no longer play and exercise their profession, and are losing all their copyrights, just as they get old and infirm and ill. And you know what the answer is? "Let them sell more t-shirts."

Record companies need to make money. Let's not get deceived by some of that PC nonsense out there. It is not a crime in the United Kingdom in the year 2010 to make money and make a profit. That profit is not eaten by someone. It is plowed back into the business into new talent and new music. And I am delighted to say that as an industry, we have always been proud, self-reliant, successful industry which also enhances Britain's standing in the world.

Now we are not, and I hope we never will, ask for subsidies or state handouts.... And please, let's not go down that way.

But what we must demand is proper valuation of music and proper commercial valuation of the underlying rights in music. We cannot do DIY in copyright. For that we need the gov't, the civil service, the UK IPO, and other authorities in Brussels. And it is their responsibility at the end of the day to do the right thing, finally, by our community too.

To all those clever, smart, smug, cynical thinkers and others: HANDS OFF OUR COPYRIGHT. Hands off our employment opportunities, our income streams, our livelihoods and our future.