Info You Can Use: Reward Disloyalty

H/t Daniel Pink who linked to a story about a “Disloyalty Card” being used by independent coffee shops in Singapore. If you go to one of 8 coffee shops and pick up a card, go to any of the other 7 to get stamps and then come back to the original, you get a free cup of coffee.

I know some arts organizations who have tried these sort of programs to encourage patronizing other organizations with mixed results. What appealed to me about this approach was the rebellious, counter culture feel of it. I had this image of a program that encouraged people to be disloyal to movie theatres and Netflix.

What probably works for the coffee houses is that they can create a bit of an edgy or cool vibe with their stores. If arts organizations are going to try this, they either need to have the same vibe or link it to a series of shows that have that sort of feel. No one is going to feel like they are walking the path less traveled if they find themselves in a staid, completely conventional experience.

My impulse would be to avoid using it during something like a First Friday event where it might look more like a bingo game where people breezed through to get their cards stamped. That doesn’t seem particularly productive. An opportunity to do it across the course of a few months to a year could encourage people to make a more deliberate progress- see a show one weekend, walk through a gallery the next month, go to a dance concert and take visiting friends to the contemporary art museum.

It doesn’t appear that the Singapore disloyalty program requires you to visit all 8 of the coffee shops, just frequent more than one. Even disloyalty programs need to be convenient so it doesn’t make sense to force people to wander all over the place just to get a free cup of coffee. The same would likely apply to a similar program with the arts. Even if all the participating venues were in close proximity, it wouldn’t really be effective to force people to frequent places that didn’t appeal to them.

Structuring the program to encourage people to try a few new things is good. There should be a variety of disciplines represented, but they should get credit for going back to the places they liked rather than only rewarding them for hitting every place once.

Heck, it probably shouldn’t be confined solely to places that were built with the intention of housing art. Get the coffee shop or bar that hangs work by local artists involved. Even better–approach the bars and coffee shops with some opera or classical music performances like the Yellow Lounge program in Germany I wrote about a few years ago or Opera on Tap. Getting these sort of performances into the mix would make for an interesting disloyalty program.

Info You Can Use: Age Related Discounts May Be Illegal

Hat tip to Thomas Cott at You’ve Cott Mail for making us aware that attempts to attract younger audiences through special pricing may be a form of age discrimination. The D.C. Office of Human Rights has determined the special pricing offered to young people at 30-35 years old are a form of age discrimination.

What this specifically applies to are practices by theatres like Arena Stage and Kennedy Center. I wrote about the Arena Stage’s plan (toward bottom) back in May and felt Chad Bauman’s blog post on how he was implementing it gave theatre people a lot to think about.

Now there is some cause for rethinking.

The D.C. Office of Human Rights asked for a justification for the pricing and determined it was not sufficient to warrant the exemption senior citizens enjoy.

“The report says that the theaters had not demonstrated that the discounts are justified by business necessity, because patrons older than 35 do not have the same opportunity to buy tickets at a reduced rate.

It does offer the thought, though, that there may be an emerging need for discounts to young professionals, particularly given many young adults do not begin their careers until they are at least 25 to 30 years old, and face other financial challenges.

The report recommends that pricing be broadened so that the same type of discounts are available for those 30-64. It does not appear that the office plans to enforce the recommendations by following up further with theaters to see if changes are made.”

While the article says the D.C. office may not monitor compliance, this is a practice that may come under scrutiny elsewhere. Like Ladies’ Nights discounts at bars, there is theoretically the potential that all age based discounts in every situation including restaurants and retail sales might come under review. (Finally, I can order off the kids’ menu!) The article doesn’t say what the basis for senior citizen exemption is. An earlier article quotes the head of the D.C. Office of Human Right as saying:

“Students and seniors may not have the means for a full ticket, so it is reasonable you offer discounts to those segments,” Velasquez said. “With this situation, if you’re a professional who is 34 years old? I am not sure. That’s the reason behind the inquiry.”

I can’t believe that is the entirety of the rationale for allowing it especially since they apparently rejected the idea early careerists would need it based on income or the lack of arts education schools. If income is a prime factor in exempting senior citizens, there is a chance that someone could use the median wealth of retiring baby boomers compared to that of their parents as the basis of arguing that it is as erroneous to assume they need a discount as it is a 34 year old professional.

Pricing isn’t and shouldn’t be the only method by which to attract younger audiences, but it is a pretty powerful motivator. There may be other ways to structure attractive pricing to the same segment of the population based on or complemented by some other criteria. The Office of Human Rights only rejected the reasoning the theatres submitted. That doesn’t mean a compelling line of reasoning doesn’t exist.

Crowdfunding Become Crowdinvesting?

In the “stuff you aren’t supposed to do” theme of yesterday’s post, is a piece from Slate about legal restrictions on crowd funding.

While thousands of people can donate to your cause via sites like Kickstarter, SEC rules prevent those same people from investing in your company. If you figure people will donate to people in return for tshirts or other small thank you gifts/services, there is probably a fair bit of potential in getting people to invest in the same project with the possibility of financial return. But the rules say no way.

“Under current law, that is often illegal. A longtime Securities and Exchange Commission rule, designed to protect unsophisticated investors, limits the number of stakeholders certain private companies can have. If you hit 500, you often have to go public. That means opening your books to additional scrutiny and your business to the whims of the market. And being public is just not a feasible option for a tiny business looking for start-up funding. Thus, an artist can receive thousands of $5 donations on a site like Kickstarter, but an incorporated farmer cannot accept investments from thousands of interested small-timers.”

These are some of the same rules that govern investing in Broadway shows and are meant to prevent people from losing large amounts of money because they were not entirely aware of the risks of investing. There is certainly some wisdom in having them.

There are some moves to change this situation. President Obama included such a revision in his American Jobs Act. Even though the act failed to pass, the basic idea has bi-partisan support and some law makers are asking the SEC to change the rules. One petition to the SEC asks for an exemption for investments made in $100 increments as a way to prevent people from losing their life savings. Given that the exemption would mean less oversight of the activities, there is good potential for unscrupulous operators to take the money and run.

Laura Horton at the Legality website has a post that discusses all the legal issues and the efforts to change the rules at length. She reports that the legislation being introduced in Congress, (as opposed to the petition for a rule change to the SEC), would allow a business to raise “$5 million in capital, with a limit on individual investments of the lesser of $10,000 or ten percent of an individual investor’s income.” Horton notes that these companies would be exempt from some of the usual reporting. Hopefully at $10,000 a person, they wouldn’t be exempt from as much as a company getting funded $100 at a time.

Crowd funding at these levels could open the doors for a lot of possibilities, including starting an arts related business. This model might provide a viable alternative to the non-profit structure. It could provide the tools to not only to get an organization started, but also to sustain it over time.

As for how fraud will be prevented, Horton says,

“those in favor of crowdfunding find that investor protection rests on a fundamental aspect of this financing, opening it to lots of people for investment. This “crowd” aspect creates transparency, which may temper the effects of deregulation. There is also a stronger sense of community support through this style of investing. Crowdfunding makes venture capital accessible to small-scale business owners.”

I have to confess some skepticism about this approach being viable in the long run. A crowd can provide good oversight in a small geographic community or when it is performed by investing clubs who meet to research and decide who to fund. My suspicion is that if this type of investment is going to reach any sort of scale, people are going to be doing it over the internet and will rely on Amazon.com type reviews to make their decisions. Presumably, the rating mechanism will be a little more rigorous and have better protections against those who might try to game the system than most online rating websites. It is still likely the system will still be vulnerable to some degree of subversion.

But who knows, it may create a burgeoning industry of companies who meet those soliciting funding and perform objective evaluations and audits. They could post all their findings online accompanied by video interviews, photos of operations, etc for investors to use in their deliberations.

Will Buffet Family Foundation Influence Other Funders?

Non-Profit Quarterly linked to an interview in Fast Company in which Warren Buffet’s grandson talks about his approach to philanthropy as he takes up the reins of the family foundation.

As I read the interview, I vacillated between mild dread where I hoped no one else decided to adopt the approach and feeling that his approach was sensible and might provide leadership that would strengthen the general non-profit infrastructure in the United States.

What made me most uneasy was his focus on quantity over quality.

“The first question, for instance, is “Assuming we are successful, how many people would we reach directly with the funding of this gift?” Proposals gets 3 points for affecting +1 million people, 2 for greater than 100,000, and 1 for less than 100,000. Those proposals with a less ambitious scope can secure a coveted spot on the portfolio team by being particularly unique or cost-efficient.”

While he does allow for funding of smaller efficient and effective organizations, I just wonder if that will get lost in the desire to report numbers served and therefore reinforce the idea that you have fudge numbers and always report success or lose funding.

Where this is coming from for him is wanting to get away from non-profits making emotional appeals and move toward discussing the complex factors which contribute to the problems the non-profit is trying to address.

“In the philanthropic world, the problem is the product, in the business world, the product is the solution.” says Buffett, who argues that NGOs are forced to “sell suffering.” The needless focus on sappy narratives often overlooks sophisticated solutions that can’t be easily marketed with a T-shirt-clad celebrity holding a small child.”

This is where I feel he is most sensible because he is determined to fund every step in the chain to addressing a problem, including the unsexy areas. But to do that, he wants the redundant organizations to either get out of the business, partner with other groups or refocus themselves.

“…rather than dolling out cash to independent, uncoordinated actors with the most heart-string-tugging story, they could take on an entire social problems (like food security or breast cancer) by systematically lining up nonprofits to tackle each part of the causal chain, from federal policy to victim resources.

“If you are an NGO, doing the exact same thing as another NGO, and that other NGO is doing better than you’re doing it, then you are in business for the wrong reason,” Buffett says in an exasperated rant against the individualist nature of charities. Overlapping operations, he says, not only waste money through redundant overhead, but keep brilliant minds occupied with logistical distractions that sap their potential impact.

“We will give you money to execute your mission,” Buffett says, “if you work together and identify the most cost-effective and successful ways to achieve that.”

Meanwhile, looking at the entire causal chain of a crisis is key to revealing missing links in the solution, such as political or logistical hurdles that are essential to success, but not appealing enough to raise dollars.”

Granted, the focus of the foundation he is leading is on agriculture, water and feeding school children rather than arts and culture. However, the practices of a Buffet family foundation is bound to have widespread influence with funders in other areas. It is possible that other foundations may use the same criteria.

Given that the question about whether there are too many arts organizations in existence has been a hot topic of late, it is conceivable that funders are already thinking along these lines.

So let me ask-

-how many arts organizations would seriously discuss merging or refocusing if a major funder told them they were redunant and less effective than another organization?

-how many might consider abandoning major activities that were redundant if the funder offered major support to expand in their areas of strength?

-would the arts in your community be more vibrant if there were groups that focused specifically on different niches within the chain? Such as:

-organization that handed advocacy for the arts with local government
-organization that focused on advocacy for the arts in education in conjunction with other advocacy groups
-organizations that purely perform
-organization that coordinates outreaches to schools by designing programs that emphasize the strengths of the performance and presenting groups

There are more functions that different groups might handle, of course, but this serves as a good example. You might look at this and think about how difficult it would be with all these tasks so decentralized, but think about how more schools would benefit if there was an organization that was making an effort to provide uniform coverage of your entire city/county. How much easier would it be for artists to make a living in the community if there was an organization that was hiring them to do outreaches in schools or connecting artists with students seeking instruction.

All this in an environment made conducive for these activities by groups who solely focused on influencing law and policy in government and school boards. Their advocacy is made credible by the existence of organizations who attract and employ strong performers and other organizations who develop exemplary education/outreach programs and train the artists to execute them effectively.

This approach may decentralize efforts and require a lot of cooperation between different groups, but does improve on the current situation where everyone does a little of everything with different degrees of success provided they have the funding and personnel.  As Howard Buffet acknowledges, there is a lot of unsexy infrastructure that no one really wants to fund that is crucial to the success of non-profit efforts. What a boon it would be if someone would fund all those places at a level smart people would be willing to engage in the work.