We hear a lot about how artists should accept new business models -- for example, in a digital age they shouldn't think about trying to monetize their work through "physical" means such as CDs or even virtual physical means such as downloads, they should instead, say, perform live. This has never helped me understand the future of compensation for artists: How does a songwriter who doesn't perform get paid? Should an author not publish a book but instead hit the lecture circuit? Should Hollywood stop making films and instead put on community theater productions? Should video game makers stop selling games such as Madden NFL, and instead host flag-football tournaments?
There's no question the live experience matters. And experiencing creativity first-hand is worth paying for. A few months ago I was in Savannah on a short vacation. Historic Savannah is really quite small; if you're there a few days you find yourself walking the same paths over and over. Every time I walked past The Lady and Sons Restaurant, owned and operated by celebrity southern chef Paula Deen, there was a long line. It didn't matter what time of day or night it was; people were willing to wait to experience her down-home cooking. What does this mean in terms of the current debate over intellectual property?
A lot, actually. Deen isn't just a cook, she's a creator. She takes traditional southern cooking and adds her own flair that is difficult to replicate. It has led her to further success, such as cookbooks, cooking product lines and a TV show. She's monetizing her creativity through multiple channels. But the digital age is here, Paula. That means that your multiple monetization attempts have the potential of interfering with our use and enjoyment of your creativity.
Don't worry, we're not going to take your restaurant away. We like eating your cooking, and will pay a premium for it, just like fans pay a premium for stadium shows featuring U2 or The Rolling Stones. (Get your credit cards out, I hear The Eagles are planning a reunion tour.) It would be nice, however, if you wouldn't make us come to Savannah to eat your food; I'd strongly suggest taking your kitchen on the road. After all, we expect musicians in the digital age to sleep in motels every night and fidget on buses every day in order to get paid, I'm not sure why you as a chef deserve a better life.
I'm still going to want to enjoy your food at home, though, just like I can enjoy my favorite music. Of course, since it's easy for me to download music, I don't want a business model that monetizes such activity. Maybe I'll pay a token amount in an ISP tax for unlimited downloading and let somebody else figure out how the songwriters and performers get paid. In a digital age, I want the same convenience with food; I want the same fair use of Paula Deen's mashed potatoes.
I know, I know -- I could buy one of her cookbooks and make the recipe at home. (Actually, I shouldn't have to buy the cookbook, recipes should be in the public domain and I should be able to download them at will.) But if I want to hear haunting vocals, I don't have to learn to sing like Susan Tedeschi. If I want some rippin' brass, I don't have to learn to play the trumpet like Glen "The Kid" Marhevka. And if I want to be moved, I don't have to learn to write songs like Harry Chapin. Just because I lack their creativity doesn't mean I don't have a right to share in their creativity. After all, it's all mine for the taking online! It's only fair that if I can have unlimited access to the creativity of Tedeschi, Marhevka and Chapin in the luxury of my home or car, I should get the same access to Deen's creativity in those same places.
Ms. Deen, it's time you caught up with the digital age and started developing a new business model. Stop being so greedy, expecting to be paid in multiple ways for your innovations. Bottom line, stop trying to deny us our fair rights to your creativity.
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