Intellectual property rights
My boyfriend bought the latest copy of Wired Magazine, in part because it has a mix disc on it with artists we like and in part because it has some articles about file-sharing and the movement to rewrite copywrite law. It's all very interesting, but they manage to skirt around the real issues at stake here when they just call file-sharing "stealing" and leave it at that. The real issue that's been exposed in the file-sharing battles is whether or not the concept of "intellectual property" can survive in its current form.
The idea that creating something gives you ownership over it is a convienent lie that was crafted in order to give artists a way to make money at what they do and also to keep people from taking work and passing it off as their own. In the latter case, though, we don't really need to give someone "ownership" over something to protect them. All we need is a general rule that creating something gives you the right to call yourself the creator, a right no one else has. But the notion that a creator has some kind of "ownership" over things like music or writing just isn't likely to survive the current battles. In the fight over file-sharing, everyone is beginning to deconstruct the concept of "authority" and "intellectual property".
The recording industry is trying to force smart people to accept that music is something that can be owned and restricted in the same way that something with physical heft, like a car or a plot of land, can be. But music is temporal--when you go see a band perform, everyone in the audience "owns" the experience as much as the performers do. It's Criticism 101--interpretation is part of creation and the audience for something lays as much claim to it as the artist.
In the pre-digital era, it was easy to straddle the line between the legal lie that an artist "owns" their work and the reality that everyone who listens to a song takes some part in the "ownership" of it, all because there was actual physical property that was required to experience the music that symbolized these concepts. You didn't purchase the music, you bought a piece of vinyl. You couldn't steal music itself, but you could shoplift a album from the store. But digital recordings have no discernible physicality, which means that music is once again being perceived as an experience, a temporal thing. Even downloading is temporal. You can pay to have an experience, sure. But you can't "own" it.
I don't know what the answer is to make it so that artists can get paid for what they do. But I think it's clear that you can't undo what's done--the concept of "intellectual property" is damaged beyond repair. Instead of trying to turn back the clock, it's time to start looking for new methods to pay people for what they do.
137 Comments:
No, it isn't "damaged beyond repair," anymore than it was destroyed by the invention of photocopying or cameras. The problem is that the music industry has tried to put the technological genie back in the bottle.
The moral right to call yourself a work's creator is important, but it isn't and shouldn't be the be-all and end-all of intellectual property. Why be a full-time writer if Random House can snatch up your work and sell prettily-bound copies, keeping all the profits as long as they are sure to give you credit as the author?
11/14/2004
That's a good point that I considered hitting on--to my mind, the current system is actually a serious violation of artists' rights, since the record industries have set up a nice racket where they get to dictate how the work is used beyond anything an artist could do.
11/14/2004
Yup. Instead of having to pay the artists a pittance, they could simply steal their music, lyrics or performances outright. Bootlegs would stop being a sideline and would start being big business; get that hip band recorded, with or without their permission, and sell a nicely-packaged album without giving them a penny.
11/14/2004
The whole music industry controversy has indeed become complex, and I'm not sure what the answer is, given the rapid changes in technology, and the evolution of mass listening in varied forms.
However, as a writer who has to periodically comb the Internet to see who has stolen and/or plagarized my work, I can tell you that when I create something, I own it. I am often happy to have people re-print it, but it is enraging to have them do so without my permission, and I always put a stop to it.
The Fair Use laws need to be tightened up, too. The biggest problem I know of (I'm speaking as a writer) is in the music industry, which routinely sues people--and loses--on the basis of fair use of lyrics. Writers are always warned that following the rules strictly can still incur the wrath of the music industry.
"Stealin my shit from me/dont make it yrs/makes it stolen..."
ntozake shange
11/15/2004
Is it the concept of intellectual property that is damaged beyond repair or is it our respect for it that is degraded beyond recognition?
11/15/2004
The common understanding of intellectual property is damaged, because it was poorly understood to begin with, since the physical representations of the actual property--the music itself--have disappeared.
11/15/2004
I think we instituted patents to make sure inventors told people their secrets. "To promote the Progress of Science and useful Arts," not to help inventors as such -- that looks like a side benefit.
Mythago -- hmm. I suppose corporations could use technological tricks to stop people from copying their bootlegs. But I don't think they'll meet with much sympathy when people find ways around this. Hell, what's to stop the artist from offering free downloads, in that case? No, I don't think the industry could make a profit without some pretense of helping the artists (or at least some pious words about the Law). I worry more that no one will make any money, and we can probably stop that from happening. -Omar
11/15/2004
A lot of artists already do release their stuff over the internet, but they have to do so with a zero dollar ad budget. Major labels have power because they have the means of recording, marketing, and distribution. Modern technology has taken away their monopoly on distribution and recording, but I would say that they still have a death grip on marketing.
11/15/2004
Yes, but marketing doesn't help if people read the list of songs and then download them for free. I'm not saying artists can use the internet to get around the labels, I'm saying the labels can't survive if they don't give people an alleged moral reason to pay them. They can't move to (open) bootlegging and expect more than one person to buy a given CD.
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