Ranting about copyright
May 7th, 2008This was a rant I posted on a thread at slashdot.org about software copyright.
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We live in a very connected world and the tools necessary to create media are inexpensive and plentiful. The opportunity to generate revenue from media is also becoming pervasive.
This is also a post-modern world where media is lifted from it’s original context and reused to the point where the original work rarely has meaning anymore. Everyone has seen the Mona Lisa, but very few people have actually seen it in person. People make judgments on the Mona Lisa as a work of art after having seen it reprinted in books, magazines, on websites… you name it. They have opinions on the work of art without ever having actually seen it in person.
To remove copyright and place all artistic creations into the public domain would be a huge social and economic shift. If any artistic creation goes into the public domain and anyone can use and re-use artistic works not of their creation for monetary gain, you would see less creation of works of art. Artists would still do their artwork because they need to scratch that creative itch, but their output would be far less frequent and the quality would probably be lower as they would not hone their technique as much because they are busy working day jobs.
Worse yet, the public probably wouldn’t see or hear any of this because it would displayed only for friends and family only most likely.
In a capitalist society, people want to make a buck for the least amount of effort. With the ability to copy, deconstruct and redistribute creative works so easily, the masses of creatively untalented people with computers could very easily manipulate the works of artists, repackage it and make money off of it while the artists themselves make nothing or very little.
Decry copyright all you want, but if creative types can’t protect their work from other people making money off of it with them seeing nothing in return, the incentive to create and publicize your work diminishes drastically.
Where do you separate art from commerce? Does a commercial photographer who does food shots have to release their work into the public domain just because it’s a photograph? Does the client who purchased the photographer’s services and product not claim a right for the sole use of those images?
Why should an artist ever lose control of their work during their lifetime? To enrich society? Maybe I’m just jaded, but why would I want to hand over the use of my works of art to a culture so enamored of disposable pop music, pituitary cases running after balls and fast food?
Why should someone with a computer and some software be able to take a I song, a painting, a photograph that I wrote and redistribute it without my knowledge and make money at it?
Going back to original intent of copyright and state’s rights and all that is fine as a historical study in governmental theory, but what everyone (I’m looking at you Ron Paul) needs to realize is that the Constitution and many of the “protections and societal guarantees” we enjoy come from a very old document that has not been overhauled in a very long time and is getting long in the tooth due to over-legislation.
Art is not like a road or any type of infrastructure that is used by the public. It’s goal is to enrich society and if we make it so that artists cannot protect their work and put a roof over their heads and stay fed, well, what is the incentive to create art AND make it public.
A patron style system won’t really work either as patrons tend to hoard art and only the patron, the artist and the family and friends of the patron benefit from the creations. While I believe public, government support of the arts is a worthwhile endeavor, I don’t believe it can be the only incentive and protection for creative work. If that’s the only incentive, it becomes a job and only a certain few will be able to reap any sort of monetary reward from their works as they will need to be chosen by a bureaucracy. Nothing more could de-incentivize art than that… having to get into a popularity contest.
Again, I believe the copyright system is busted and needs to be reworked from the ground up, but claiming that getting an artist’s work into the public domain from day one will hinder the growth of the creative arts considerably as it removes incentive to do it as a career because someone else could take your work and run with it… and worst of all… claim it as their own… worse than not making money at it.
Credit needs to be given to the creators of works of art and in a capitalist styled society, rewards befitting the quality and popularity of the work created are due to the creator.
So, I put it to you, you believe in the original intentions of copyright, but believe they need to reworked or removed entirely and that the creative works of individuals belong to the public domain. How do artists make a living making art with no protections and why should they be forced through the lack of copyright to give their work to the public domain? Why does the public, who typically tends to look down on the class of people know as artists, DESERVE our work for free?
Artists are not public servants.