This post is a response to this one written by an inspirator of mine.
Copyright is a sinking ship. In legal dictionaries, you’ll soon be able to find it under “unenforceable”. The internet moves faster than a speeding corporation, and jumps continental divides in a single bound. Add to that the fact that copyright itself is not black and white, but a whole gamut of grey (there are so many loopholes, bizarre rules and general red tape that go into it), and that the shades flip around from country to country, well let’s just say that things have gotten really messy.
Here’s the bottom line: we are so far advanced that nearly anyone can reproduce nearly anything. If you hear a song you want to use, you don’t even have to use the original. You can come up with a hook that is very close, lyrics that are very close, and record the whole thing in your basement with some buddies. So a group hears a song, turns around and whips out another that bears no resemblance to the original except that it’s almost exactly the same. Good luck nailing them with an open-and-shut copyright case! Ditto that for photography, and just about everything else, as digital tools become cheaper and better.
Add to that the fact that many (many!) people are actively giving away copyright privileges (“Take it, make copies, use it wherever you’d like!”), and the established practices of our culture begin to change in a big way. When copyright is regularly and intentionally exchanged for promotion value, it erodes the power of copyright law even further. Scary as that may seem, it’s not necessarily a bad thing.
Okay, in no way am I arguing that ethics are dead. Actually that’s all we have left here. We should be on the up and up, follow the prescribed structures, and offer credit, and of course money, where it’s due. But in order to salvage anything on the ethical front, there needs to be real education. I’m not talking about “You wouldn’t steal a car, so don’t steal a movie” type education. That’s laughable – copyright is not nearly as clearcut as theft, and doesn’t fit in the same place at all in law. It’s a huge conceptual leap from concrete object to abstract information – nearly like saying “You wouldn’t steal a building, so don’t take a picture of it,” or “You wouldn’t steal a book, so don’t have ideas.” I suppose if pressed, I’d agree with those cinema ads in spirit, but they’re so hyperbolic that their impact is of no greater importance than the average fart.
Instead education needs to come in the form of understanding what it takes to be sustainably creative. And that is especially challenging because that itself is in the midst of an immense paradigm shift. Just look at RIAA with its hilariously nauseating game of international Whack-a-mole. They’re nailing people left and right for copyright infringement, but how much offenders actually owe is entirely arbitrary. And all the while they’re making enemies out of their customer base, and so by extension their musicians too! To continue the ship metaphor, it’s like they’ve decided that drilling holes in the hull is the best way to keep it afloat. And every other “art industry” had best be watching them. (I think they are.) Of course, far better than a bigger beating-stick would be a sweeter, crunchier carrot (good content, anyone?).
The artist needs to be honestly and continuously creative. Bands make the majority of their money from live gigs (unless they lip-sync!), not their recordings. That’s a radical shift from, say, 5-10yrs ago! Professional photographers are making more of their money from gigs too, not reselling their stock portfolio over and over like they used to. I foresee that the net outcome of all of this could be a huge benefit to human expression! Perhaps it’s strange to say this, but I think it’s actually more honest. The talent, craft and experience of art is where its value lies. There is a quest for the true, the pure, and the personally connected, not just the most replicable and mass-marketable. Realistically, the worth of recordings of whatever experience is determined by what people are willing to pay for it (uh, nothing?), rather than what companies say it is. Radiohead’s most recent pay-what-you-want CD is a flaming cannonball launched into a knife-fight – no matter what money it has made when the smoke clears, it’s already a huge success simply because it’s the first real victory of artist over institution.
Copyright is going down. Pull out your bugles and mourn it if you must — just be aware that you’re going to be drowned out by a jubilant street party!
“Right now, we have freedom and responsibility. It’s a very groovy time!” (Just so we’re clear, I got that from Austin Powers. And I didn’t download the movie on the net, either.)
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