In the United States, T.L.C. is commonly taken to mean "tender loving
care," which is not what I have in mind. Anyone looking for tender loving care in the
world of global business is likely to be disappointed. No, as I'm using it here, T.L.C.
stands for talent, law and competition. Briefly, I want to consider the significance of
each of these and the threat they all face.
The first -- talent -- is another way of describing the unique creative
potential of every human being. Different people have different talents, and people with
the same talents have them in different degrees. Yet, the most economically advanced,
technologically proficient, culturally vital societies all encourage people to develop
their talents -- whatever they may be -- to the greatest possible level.
The opposite is true, as well.
History is filled with examples of how various forms of slavery, serfdom
and forced labour, which deprived people of any claim on the rewards of their work,
produced economic inefficiency, technological backwardness and social stagnation.
Societies that arbitrarily expropriate the results of individual talent or
effort sever the connection between risk and reward. As a result, they deny themselves the
means of their own improvement.
In the media and entertainment industry, talent is the engine that drives
the virtuous cycle of risk, reward and re-investment. It's what creates films, print,
music and programming; equally, it's the reason why audiences choose one film or CD over
another.
You can automate assembly lines and entire factories, but you can't
automate the essential work of writing and producing movies, songs, magazines or
programming.
The recognition of the benefits a society receives when it guarantees
individuals the right to express their talents fully and to enjoy the success they achieve
has resulted in various legal protections.
The reason we extend the protection of the law to others -- to their
material possessions, intellectual property and freedom of expression -- is to ensure that
same protection for ourselves. As a result, we are able to construct a context in which
it's possible to work, invest and engage in competition. Which brings me to the
"c" in T.L.C. -- competition.
True competition -- the kind that rewards innovation and excellence,
serves consumers' best interests and drives a society's progress -- can only take place in
an arena in which the rules are the same for everyone.
Empirically, we know that a level playing field is the fairest, most
effective arbiter of price, quality and value. It weeds out inefficient businesses and
rewards innovation and invention.
Conversely, nothing is more apt to undermine a country's ability to
develop the strength of its economy or build its capacity for re-investment and
modernisation than: one, shielding itself from competition; and two, failing to establish
and maintain an environment in which ownership of property -- intellectual and otherwise
-- is secure from theft and piracy.
On the first count -- protectionism
I'm fairly optimistic. We're a long way from an ideal situation but,
despite serious setbacks and obstacles, I believe the overall momentum of world trade is
in the right direction.
On the second count -- piracy -- I remain deeply concerned.
In the United States, for instance, over the last three years, music
industry shipments have fallen a whopping 25 percent, largely as a result of illegal
music-swapping on the Internet. In China, it's estimated that the illegal trade in music
accounts for over 90 percent of the industry's business.
The pillaging has spread to movies and TV shows. The motion Picture
Association estimated last year that piracy in the Asia-Pacific region cost filmmakers
almost US$650 million in lost sales -- US$168 million of that in China. Worldwide the
figure is US$3 billion.
This practice challenges the right of artists and the companies that
invest in nurturing, marketing and distributing their work to reap the rewards of their
labour. I find it particularly ironic that this challenge should arise so soon after
practically every country in the world -- socialist and non-socialist alike -- has
recognised the role of individual initiative and profit-driven enterprise in sustaining a
healthy economic future.
Digital piracy threatens that future. Piracy is the enemy of everyone who
believes in a thriving global marketplace for ideas, images and information -- a market
supplied by vibrant local enterprises capable of investing resources into developing new
talent and new technologies.
Ultimately, I believe that through a combination of more effective
technology, law enforcement, and using technology to create legitimate alternatives,
piracy will be brought under control.
Along with the willingness of governments everywhere to enact and enforce
protections for intellectual property, we need a new international commitment to take
joint action on problems that no nation can solve on its own. We're in this together.
Abridged from a speech by Richard D Parsons, Chairman & CEO, AOL Time
Warner, at a joint Distinguished Speaker/Leadership Series luncheon co-organised by HKGCC
and AmCham on September 2.