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08. 9.2007 (previous | next)
Yet Another "Law is Out of Touch" Essay

This essay by Elizabeth Stark is another in the genre of pleas for "hip use" exceptions to copyright law. Funk remixes from Brazil, this time. A few short remarks in response:

1) What law is she talking about, being out of touch? Fair use and transformative use is alive and well. Insofar as it doesn't, digital communications will enable markets in snippets and bits of things if we want 'em. But an awful lot of the neat user content being posted online--citizen journalism for example--doesn't raise any copyright issues at all, facts and ideas not being copyrightable. And frankly, this stuff is going to be a lot more significant going forward than remixes.
2) For every musician in a developing country "thriving" in an environment where copyright is barely enforced, there are a bunch of others who can't make a living. Not to mention the difficulties of visual artists, craftspeople, textile artists and so on whose work is not amenable to being funded by the throwing of enormous parties.

Enough already.

posted by Solveig Singleton @ 8:28 AM | Access: Commons, Fair Use, Orphan Works, Public Domain, International, Internet: P2P, Search Engines...

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I wish Elizabeth Stark would read this- comments from Nick Carr on how lowered barriers to production may not enrich culture, it just creates more bad art. http://weblog.ipcentral.info/archives/2006/12/social_producti.html.

...and as we may all know, the free culture movement is the revolution you couldn't give away for free.

Posted by: Noel at August 9, 2007 1:39 PM

"2) For every musician in a developing country "thriving" in an environment where copyright is barely enforced, there are a bunch of others who can't make a living. Not to mention the difficulties of visual artists, craftspeople, textile artists and so on whose work is not amenable to being funded by the throwing of enormous parties."

Most artists, especially the crafts people you mention, don't really need copyright as much as you think they do. Bespoke items are exactly that, and the artist/craftsman is paid for their work in creating them.

Musicians have benefited for a time by the ability to 'industralize' their work, mass produce and mass market such items as CD's. Suppose that era is coming to an end (and I doubt that it is really ending, we have just reached an inflection point in the economics of this industrialisation of craft-made objects) In such a case musicians will be able to fallback on their night jobs: doing gigs.

YEs, they will not make as much money. Yes, the hangers on, the marketers, lawyers, agents etc will all lose fees. Too bad.

But your alternative, which requires massive government intervention, ala DMCA, is wrong both from a free-market perspective and a human rights perspective.

Posted by: e at August 12, 2007 3:47 PM








 
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