So music is just a service economy? This is quite a simplistic viewpoint.
Copyright should serve both interests. Protect the rightsholders and allow people to use the works. Which is what exists right here, right now.
If it serves both those points already, it clearly ain’t that broke.
> Secondly, that it's not all or nothing; we could use a shorter copy right (or no copyright, eventually) and encourage creation differently.
Sure. We could. I’d love to see how big media companies act when there’s no copyright on anything anywhere. Rather than freeing creativity, it would free their bottom lines.
Also remember that most musicians don’t earn linearly from their work. It’s a long tail.
> 1c: boosting creativity in some cases is laudable... if there were no downsides. But there are huge downsides. And I'm not sure the upsides are worth the downsides at all, let alone a more realistic alternative with a pared back (but still present) copyright with some additional incentives.
You’re not sure the upsides are worth it. I am. I live in the upsides. I’ve lived with people living on the upsides. Just because you can’t see value doesn’t mean it doesn’t exist. You can only see reality as you see it.
And yes, I’m biased. I get how frustrating it must be to have a YouTube video demonetised. But things like YouTube operated outside of copyright law for so long I think it’s fair they get their comeuppance.
> Again: the aim is to slowly pare back copyright
You’ve mentioned your aim 3 times, and it seems to be different each time. So which is it? Provide benefit to society, pare back copyright (maybe not all of it) or remove copyright altogether?
> 4) copyright holders routinely deny the permission for derivatives. How many derivatives of windows did you see back in it's heyday? How many derivatives of mickey mouse? The control is absolute, and that is absolutely too much. Finally, and perhaps the greatest loss: people don't even bother trying to remix because it's just so impractical.
Depends on the copyright holder. And there are thousands of musical remixes being released everyday with the rights holders consent.
There is a balance in copyright. People who don’t want their works used can say no. If they don’t mind, they can negotiate. If they don’t care, they can just not register the work.
That is the balance. Want to remix a Lady Gaga song? Good luck. Want to remix Average Joe? You’ve got a shot.
By no means is it perfect. But I’d rather an imperfect system than be forced to give control out when I don’t want to.
Incidentally, anyone can make a parody of Lady Gaga songs. So there are existing exceptions that do allow for certain things under fair dealing.
> 5) You don't need to be a legal scholar to use copyright either, and that is largely because people get used to it, and also because when push comes to shove you can hire somebody else that's an expert.
I am an anomaly in the musician world. I worked on policy at PRS for music. So the 170 page distribution document was my bible. That’s the only reason I know what I know about copyright.
There are vast swathes of policy I never touched. Never even looked at. There’s that many different scenarios to cater for.
Average Joe is most definitely not a legal scholar. He gets confused about why TV and Radio are paid differently. He sometimes checks his cheque and is pleased when it’s near £100 (phew, one less gig to play this month!).
Average Joe also can’t afford to hire someone to understand this stuff for him. So when push comes to shove, he has to get a job in a print shop.
That’s why the system, as it stands now, works. The big hitters subsidise the little guys, potentially for decades. Then some of the little guys become big hitters and the cycle starts over again.
> You're implicitly assuming some kind of radical, sudden, unannounced change, and yes, in that scenario Joe Average would get confused.
In my experience, Joe Average got confused even if the change was announced way ahead of time. The phones in our membership department were often a difficult job as a lot of musicians fundamentally do not get on well with legal stuff. Thats why they’re musicians, otherwise they’d be lawyers...
> Finally don't forget that Joe Average at the end of the day simply isn't all that relevant here.
Once again, the people who actually create the stuff, which you say benefits society, are not relevant at all?
Seriously man. This is why copyright is designed the way it is today. Because they are relevant. Our legal system places an inherent value on the work they do and deems that their work should be protected.
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Overall - I’m happy with the current system as a musician. You’re unhappy with the current system as a [insert label here].
I’ve made a choice to accept the system for what it is and to work within the confines of it. It’s much more productive and my head hurts a lot less.
Much like tax law. We all have to pay tax, right? But no one likes paying tax...