Louisiana Internet Software & Technology Association Blog : Louisiana Internet Software & Technology Association : LISTA Blog : LA Technology Law News & Updates

An Op-Ed Submission by Erich Rapp, charter member of the Louisiana Internet Software and Technology Association (LISTA)

From Shreveport and Baton Rouge to Lake Charles and New Orleans, hundreds of technology-based businesses and thousands of savvy professionals and new college graduates are immersed in the state’s growing Internet software and new media industries.

What the rest of the United States is beginning to discover is that they too can benefit from the experience and innovation of these professionals for 35 percent less than their counterparts in other regions of the country. That’s 35 percent added to the bottom line, 35 percent to their market capitalization.

In 2009, at the urging of the Louisiana Internet Software and Technology Association and other advocates for the growth of the state’s technology-based industries, the Louisiana Legislature established tax credits equal to 35 percent of all labor costs paid to Louisiana residents and 25 percent of all production costs spent in the state for digital media initiatives and other software development projects.

These aggressive tax credits placed Louisiana among the top states acting to attract technology-based businesses. As important, these credits are in place now and can benefit companies already working here in both established and emerging industries.

In Shreveport and New Orleans, companies developing computer programs and digital graphics for biotechnology research projects can now do it for 35 percent less in Louisiana. 3D animation studios and video game developers can reduce their overall costs by half by hiring some of the 14,000 professionals working in digital interactive media industries between Baton Rouge, Lafayette and New Orleans. Manufacturing plants along the I-10/I-12 corridor can create plant optimization software and save tens of thousands of dollars. Engineering, communication and aviation companies working in Alexandria, Monroe and Ruston can develop new technologies and programs, while investing in homegrown talent.

For the thousands of Louisiana-based workers and the thousands of college graduates that want to live and work in the state they love, the Digital Media Tax Incentive Program creates their best opportunity to date to establish roots in Louisiana, with an average annual salary of more than $50,000. Importantly, they can put their skills to work and pursue their entrepreneurial dreams.

The Louisiana Department of Economic Development will begin 2010 by reviewing the success of the Digital Interactive Media Tax Credit Program. To date, companies and individuals have submitted dozens of applications. Most importantly, Louisiana’s technology innovators are being put to work in all types of industries that are just now learning about the resources available to them.

We are just powering up.  

Louisiana’s Digital Interactive Media Tax Credit program is working. Louisiana-based technology companies are seeing more business because of it.

Business is coming to Louisiana and more of our people are being put to work in highly skilled, technology-based jobs. Now is the time to push ahead and continue this important program.

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Just read an interesting item in the July 20, 2009 Fortune Magazine on page 60 entitled, "No Free Lunch" (not available online at the Fortune Magazine web site when this entry was written). It concerned the now famous Stewart Brand quote about the freedom of information.

In 1984 at the first "Hackers Conference," Stewart Brand, famous also for the Whole Earth Catalog, stated, "information wants to be free" which is widely quoted as a call for free distribution of all information. Brand's actual statement was, however, far more ambiguous. He actually said in fuller context, "On the one hand, information wants to be expensive, because it's so valuable. The right information in the right place just changes your life. On the other hand, information wants to be free because the cost of getting it out is getting lower and lower all of the time. So you just have these two fighting against each other."

In response, Steve Wozniak, the not so good dancer on Dancing with the Stars and co-founder of Apple Computer, replied to Brand that "Information should be free, but your time should not."

It seems like Wozniak captured more of the notional reality than Stewart Brand. While laws that protect intellectual property continue to create value in certain types of information and creative content, the reality is that this capture is less complete and shorter in duration than ever because of various technological tools.

As the value of information and creative content has itself declined, the value of interacting with the actual creator of the content seems to have gone up. For example, musicians are getting less and less value from their recorded music and more and more value from their live performances. The same trend also seems to impact on book authors and speaking engagements.

This dovetails nicely with Wozniak's comment that information should be free, but not ones time. While we may see a pull back in the years ahead from "free information" as we know it on the web today, the long term trend is pretty clear. Information and creative content are going to remain in a protected form that can be directly monetized for a shorter and shorter period of time.

The business and social cycle that turns most manufactured goods and most services into a commodity over time and which also tends to move most creative content over time into the public domain of free things is growing shorter and shorter. In contrast, the value of human input and attention measured as the time a person invests in a productive activity continues to exist at some level in the economic system and is likely to endure. In some sense, this reality is almost medieval and speaks to a time when the value of a guildsman or craftsman was at its highest. Of course, we have a completely different kind of guildsman today. All of the vocations that were performed by guildsman in medieval times are now performed by mechanical devices and a new type of guildsman is emerging with a different set of skills such as the design and development of software and web platforms.

As businessmen, we will over the long run have to adapt to this "retro-" reality. 

Erich P. Rapp.

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The Wall Street Journal on Monday July 6, 2009 had a Page C-1 story entitled, Venture-Backed Start-Ups Seek Stimulus. The gist of the story was that venture funds like Novak Biddle Venture Partners, RockPort Capital Partners and Flywheel Ventures were directing the start-ups they are investing in to explore the federal stimulus package as a means of finding additional capital.

This story suggests to me that venture capital funds and angel investors would find Louisiana's new digital interactive media tax credit incentive program very attractive. Marketable tax credits are not much different in economic terms than stimulus program grants. A start-up developing a web platform, mobile application or software package can get marketable tax credits equal to 35% of the funds they spend in Louisiana on labor residing in the state and 25% of all other expenditures.

If, for example, a start-up used labor residing in Louisiana to develop a new web platform and in the process spent $1,000,000 in Louisiana. The State of Louisiana would issue tax credits for $350,000 and the start-up could sell the tax credits for $0.85 to $0.90 on the dollar realizing perhaps a little more than $300,000 in extra funds. Thus, a venture capital fund investment of $1,000,000 spent on labor residing in Louisiana becomes an investment of $1,300,000.  That seems like stimulus that a venture capital fund or an angel investor would like to see.

Erich P Rapp.

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As Louisiana becomes a hub in the next few years for the development of software, mobile applications and web platforms, I am wondering what value can Louisiana digital interactive media developers bring to the industry. One area that desperately needs to be addressed is the news media and journalism.

It is no secret to anyone that is conscious that the industry that delivers news to the public is struggling to find a profitable business model in the digital media age. Where is this industry heading and can developers in Louisiana add value to the evolution.

Perhaps, the Politico.com web site and the story behind it present a glimpse of the business techniques that will govern the future of journalism and news delivery.

The first and foremost Politico.com business concept that stands out to me is volume of content and extreme detail about a relatively narrow (at least for a newspaper) subject. It's hard to imagine any traditional media source providing as much detailed and essentially real time data about politics in Washington DC. While the Federal Register provides a great deal of detail about federal action, its not anything close to "real time" and it is completely devoid of the human component. Politico is the federal register of politics using a Twitter model without the 140 character limit and a huge mix of gossipy human stuff. No one but a reporter at Politico could possibly want to know this much about politics in Washington DC. 

And yet, I am told that Politico is profitable and widely read. That is more than the New York Times can say at least as to the profitable part. All of this suggests that no matter how much detail one provides about politics in Washington DC, there is at least some audience for it. It also suggests that if you can place an enormous amount of entertaining (at least to someone) political information in a digital setting at a low enough cost , the business can pay for itself with advertising. The delivery of news has a "long tail" component. 

The August 2009 issue of Vanity Fair magazine contains an article entitled, Politico's Washington Coup which describes the Politico story in some detail. If you want a sense of the future of journalism, this article is a good read.

This may hold some promise for local newspapers. The key to the future for local newspapers may be more information. Adding more stories in a digital format does not cost as much as adding more pages for more stories in a printed newspaper. The specialty for the local paper is local news. Local news is as to your local newspaper as Washington politics is as to Politico. It seems like the local newspapers need to go more local with everything, e.g., more local business news, more local society and social event news, and more local entertainment news. Change the emphasis from the AP news feed to everything local with the names of as many local people printed in the newspaper as possible.

Digital interactive media developers in Louisiana need to partner with traditional media organizations to build a better news delivery device using Louisiana's digital media tax credits incentive program.

Erich P Rapp.

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I am very concerned about the market for transferable Louisiana Tax Credits after reading about the problems that members of the New Orleans Saints have had. See Ex-Saint Kevin Houser says tax credit fiasco not his fault. 

Louisiana needs a "Tax Credit Exchange." I will propose to the membership of LISTA that they advocate the creation of a non profit corporation (need to check with my tax attorney friends on this concept) to operate a Tax  Credit Exchange that would make a market for certified tax credits and various grades of contracts to deliver tax credits at a future date.

The paper work and related contracts would be uniform and the status of the contracts would be verified with the appropriate arm of Louisiana government.  If the contract involves little more than a "hope and a prayer" that the person entering into the contract will apply for credits and undertake a creditable business venture in the future, those credits will be deeply discounted and the purchaser will understand that he is purchasing a very speculative contract.

Alternatively if the purchaser decides to buy an existing tax credit that is certified by the state, the value of that credit will be much less significantly discounted. The customers in the market will be better educated about what they are buying, and the process of selling the credits into the market will be orderly and uniform.

I will be reaching out to people with expertise useful in the creation of such a market in the weeks ahead. If you have such expertise and want to help create an orderly market for tax credits in Louisiana, I am looking for your help.

If you think I am making a mistake with this recommendation, I would also like your input. I think we need a more orderly market that discourages the type of problems the New Orleans Saints players have had (but for the grace of god go I), but I want to know what y'all think. I want to start a discussion of the problem. Please write comments on this blog entry and send me email correspondence with your thoughts on this subject.

I am very open to discussion about this subject. Please comment.

Erich P Rapp.

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Senate Bill 277 concerning digital interactive media has been formally sent to the Governor for his signature on Thursday June 25, 2009. We hope that the Governor will act soon on this important piece of legislation.

Unfortunately, a proposed amendment to the new digital media program allowing a digital media tax credit recipient to have the state convert the tax credit to cash at $0.90 on the dollar did not complete the legislative process on Thursday before the formal deadline for adjournment. This concept was presented to LISTA by the Baton Rouge Area Chamber of Commerce. We felt this option was an excellent addition to the program proposed in SB 277. LISTA regrets that this amendment was not adopted by the legislature as a whole. We will review this concept again in two years at the time of the next Louisiana fiscal legislative session.

In the coming weeks, the original members of LISTA will meet to discuss the future direction of the organization. One of my first proposals to the membership will be opening membership up to a broader group of interested people and companies. The original members were asked to make substantial financial contributions in order to get the organization started. I will now propose to the membership that the average cost of membership be reduced significantly and that the organization make efforts to enlist many new members.

As with any government sponsored business incentives program, the new digital media program will not survive unless it is beneficial to the state as a whole. Determining whether the program is successful requires an expert in economics and financial analysis to review and analyze all of the available relevant data. I would like to see LISTA join with other economic development agencies and organizations in Louisiana to sponsor a university professor's effort to track all available data on the digital media industry in Louisiana from July 1, 2009 and forward to determine whether the digital media act is fulfilling its potential for the state.

I would also like to see LISTA and such a university professor track the geographical distribution of the beneficiaries of the digital media act in the state. Our goal at LISTA is to encourage and support growth of digital interactive media businesses throughout the state. We thus want to know the extent to which this goal is being fulfilled.

The new digital media program will also lead to the adoption of related rules for the administration of the program by the Louisiana Department of Economic Development. LISTA and its members will actively participate in and comment on the development of such rules. 

Additionally, LISTA and my law firm, Kean Miller, will undertake a series of presentations inside and outside of the state on the use of the digital media tax credit program. Further still, LISTA and Kean Miller will begin offering educational seminars on topics of interest to the digital media community. 

Again, I offer my thanks to all of the people who assisted with the adoption of SB 277. It has been an educational and ultimately gratifying experience for me.

Erich P Rapp.   

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The Louisiana House of Representatives has scheduled Senate Bill 277 for a vote in the House of Representatives on Monday June 22, 2009. Senate Bill 277 is, of course, the renewal and extension of the digital interactive media business/tax incentive program. Between now and then, please call your Representatives and voice  your support for SB 277.

Senate Bill 277 is authored by Senator Ann Duplessis of New Orleans and now being managed in the House of Representatives by Representative Cameron Henry. The bill is supported by the Louisiana Internet Software & Technology Association (LISTA), Greater New Orleans, Inc. (GNO, Inc which is the business development arm of metropolitan New Orleans), BRAC (Baton Rouge Area Chamber of Commerce), and the Jindal administration. The bill will provide marketable/transferable tax credits and cash rebates to businesses spending funds in Louisiana to create a broad array of software and web platform design and development projects.

By encouraging the operation of these types of  businesses, Louisiana will likely draw many new high paying jobs into the state on a long term basis. LISTA is very optimistic that this legislation will have a transformative impact on the Louisiana economy if adopted.

Between now and Monday June 22, 2009, please call your Representatives and voice your support for SB 277 and then Louisiana can join the digital media revolution.

Erich P. Rapp.

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The Senate Revenue and Fiscal Affairs Committee of the Louisiana legislature has scheduled the hearing on Senate Bill 277 regarding tax and business incentives for digital interactive media for 10 AM on Monday May 18, 2009 at the Louisiana State Capitol in Baton Rouge.

All those who own, work for, or are interested in digital interactive media businesses and the future of those businesses should plan to attend and speak in support of Louisiana Senate Bill 277. This bill would provide for transferable tax credits for businesses undertaking Louisiana based production of products and platforms in the digital interactive media arena.

The businesses undertaking those productions would receive a transferable tax credit equal to 25% of the production cost expended in Louisiana plus a 10% bonus or a total of 35% of the production cost for labor incurred in Louisiana. These tax credits can then be sold in the secondary market for cash (currently $0.80 to $0.90+ on the $1.00 of credit in realized cash) which substantially reduces the cost of building digital interactive media productions in Louisiana. 

For those involved in this industry, I cannot overstate how important this hearing is.

Erich P Rapp. 

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The former McGlinchey Stafford Law Firm building on Magazine St in the Central Business District of New Orleans is reopening as the I.P. Building. This new office building is the result of the vision of the Idea Village and GNO, Inc. They are seeking to create a work environment in New Orleans that has the creative technology vibe of Silicon Valley.

Six anchor tenants have agreed to or have leased space in the building including Carrollton Technology Partners, TurboSquid, Launch Pad and iSeatz.com. The Idea Village will also be relocating into the I.P. building.

For more on the opening of this new building see the New Orleans Times Picayune news article by Kate Moran on April 13, 2009 entitled, Former McGlinchey Stafford Building becomes hub for entrepreneurial companies.

Erich P. Rapp.

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