The fact that copyright is longer than patents makes no sense. Patents prove that a shorter period is sufficient to stimulate large investment. And you have to pay for patents!
If you assume reasonable discount rates, the economic value plummets over time for an asset producing the same income (a bad assumption for copyright work in general).
At an 8% discount rate, extending copyright from 32 years to infinity adds less than 10% to its total present-day value. There are many good reform proposals, but mine would be something like 15ish years of free copyright, followed by 1 paid renewal for 15 years that is modest in price (eg $1000) and one extra 10 year renewal that is something like $1M. Meaning you have most economically neutral work free up at year 15, small business types having it affordable through 30 years, and the big Hollywood productions can go from 30-40 years for a modest (to them) fee to incentivize investments in expensive works. Movies come to mind. Give existing work a 20 year buffer on top of that to transition and there is a very small economic effect on everyone.
Your argument is that artists aren’t paid enough, so we should go ahead and take it all the way to zero by law?
people support/pay real artists if they want more of it, else there is no way I see a right to get paid a wage for just being an artist in itself. if youre not original enough so you get copycats in a day well thats also a signal of artistic value. you cannot separate art from the artist, even if some people are okay with knockoffs after all. there is a difference between art and just content production, the latter is already worthless today with AI speedrunning the decline for mass producing mediocre slop people think is good enough.
I also dislike US IP law but I think it needs to be improved with nuance. What you propose is survivable for big IP owners but would wipe out swaths of small business owners.
This thread has a lot of arguments based entirely on beliefs about small bands and streaming services. Music is only a small part of copyright law.
There’s so much competition nowadays, almost no indie can achieve nearly enough sales for a living wage. And ironically, the best way to get more attention is to make your product free, hence more and more artists doing free + paid merch.
The YouTube income for most small creators get folded back into the channel. Getting a $100 check from YouTube isn’t going to pay your rent, but it makes purchasing some better lighting or a new microphone for the channel an easy choice, which in turn helps them grow and enjoy their hobby channel more.
The argument that the dollar amount is low and therefore it’s okay if we push it all the way to $0 is unconvincing for anyone familiar with how small time creators grow.
Not linking the author's name and patreon is a problem, but I don't think it needs laws and definitely not copyright; if somebody gets the video on the other place to link the original author's patreon, even if they're not who uploaded it, it benefits them and I don't see any serious issue.
What about illustrators who license their work? Knitters and crocheters who create patterns? There are countless people who sell creative output on a license-basis which would no longer exist in a world without copyright.
Already people who make visual art are demotivated by AI, follow literally any visual artist on Instagram and you’ll see this. Taking away copyright would make that look tiny in comparison.
Wow, is that a thing? If you're willing to share, I'd love to hear more about these vocations and how they make money.
Do you only care about professional artists or something? Amateur artists deserve legal protection for their artwork too :/
As far as I know they sell the patterns, not the finished knitted artifact. Aspiring knitters buy them to enjoy knitting. The physical representation of the pattern isn't worth anything (just a piece of paper), what you're buying is a license to use their intellectual property, so I'd say they're making money from copyright.
A kid who grows up watching $favorite-show can never produce derivative works of that show within their lifetime.
They’ll come across some talented little band playing some nice new tune in a tiny club, record it on their phone and give it to one of the existing boy-bands to play.
No need to sign up aspiring artists any more - just take their songs.
Of course it’s the boy band that will sell the merch and the concert tickets.
In fact if all of copyright operated with mechanical licenses it would be a much better system.
If you're at the point where you're making money from merch and concert tickets you're probably ahead of 99% of artists
I suppose we usually just call them "aspiring artists" then, but still
Moviemakers, authors, graphic designers, stone masons, song writers, ...
Not every artists is a musician.
Not every musician performs in venues to such an extent that it makes up most or all of their revenue.
Not every musicians output lends themselves to live performances, so they don't do them.
I'd be surprised if even 10% of artists in the EU or US are making their revenue as live musicians. Whatever the number, it ain't 99%.
Brief anecdote, currently working on a personal project and have commissioned an artist to design a few icons. Was a great experience, fun to work with them, more than happy with the result. Exclusive exploitation/usage rights were only transferred after full compensation was received.
If copyright were not a thing in both their and mine countries, screwing over commissioned artists would be even easier than it already and unfortunately tends to be (having done freelance work myself) as this idea that the artist retains their rights before that point wouldn't be the default and any protections/claims solely based on individual contracts.
Copyright can be flawed, yes, but taking away the core that is artists having their creations protected by default, without needing to manually apply or otherwise seek protection, I feel that shouldn't happen. Copyright, even today, does have merit in my book, though the lobbying efforts by Disney and co. along with post War western Europe loving to just copy US legislation wholesale without reflection have extended copyright further then I feel it should have been.
You: I will steal this, consume it, reprint it as I see fit and you will earn nothing.
Yeah... I don't think your opinions are worth much.
And what % of those do by selling, vs giving away their work for free (to get non-negligible attention) then getting their real money through donations, merch, etc.?
I don't think anyone has the right to take work I create, for free.
In the same way I have no right to walk into your house and use it for free.
In the same way you cannot expect me to turn up and work at your business for free.
I don't care what half delusional rubbish you come up with to justify your theft.
It's theft, you want to steal something you put zero effort into creating and use it as you see fit. No fuck you. If I want to give it away for free, that's my prerogative not your expectation, if I can monetise via merch or other means, that's my prerogative not your right.
Your analogy doesn’t fit because a house is physical, but “intellectual property” is digital. If we lived in the metaverse and I could just copy your house and live in it without affecting you, why should you care? Theft is bad because the victim no longer has the original.
On the basis it's digital.
I don't care if it's digital, I care if it took time and effort to create. If it did, it does not matter if it's digital or physical, it's theft.
So abolish copyright, and indies still make money from creating digital works - at least almost as much as they do now, but probably more, because it will further normalize the alternate incomes.
Copyright maybe used to help indies, but every copyright case I’ve heard anywhere in the last decade, the plaintiff is a publisher with more than enough revenue. Meanwhile, in many cases the defendant hasn’t actually infringed, but regardless suffers from the DMCA, C&D, or lawsuit. Copyright relies on wishful thinking to provide an illusion of helping small-time creators, in reality far more often it hurts them.
https://www.reddit.com/r/royalroad/comments/1uwyuf1/psa_stol...
Here is an example of the theft you endorse.
Please go tell those people they should be happy for someone else to steal their work and charge for it even after they've given it away for free.
It doesn't matter whether "few" people make a living from it. Copyright does not guarantee you an audience. Copyright going away would not guarantee you more of an audience.
The only thing it guarantees is that if you manage to write something that resonates with an audience you have the potential to earn a living from it. That is what you want to take away.
IMO the solution to protecting trademark is to ensure anyone who discovers a repackaged work (like those examples) also discovers the original author and their free version, so they know it’s a ripoff. It doesn’t require the finicky legal system.
So layoffs should be illegal?
Any creative person whose ego is not overinflated accepts the fact that no art emerges from a vacuum, that they themselves were inspired by others and their work, and that they should pay this forward to the coming generations.
For me, the worst aspect of long copyright is the de-facto ban on derived works. Work derivation is how civilization and culture came to be.
The authors I'm aware of making >$20k don't do any significant gating. That practice is only really common with people republishing through Amazon (which probably demands it).
This is exactly what copyright is.
I agree that you could work around this in a world without copyright (e.g. by watermarking content and blacklisting), but it would be difficult and make the whole profession less viable.
Mass distribution and payment becoming accessible/low overhead was an extremely helpful development for authors in my view, and removing copyright would have the opposite effect (but cutting it down even to several years would change surprisingly little).
Blinded by corporate abuse, calls for removal of copyright law are often naive or ill-willed IMHO
I think copyright suppresses creation and does very little to support creators in general. It has enabled businesses to choose a few winning creators that reap the benefits of copyright. That kingmaker position allows them to dictate what is created.
For the last few decades the median income from a creative work has been nil.
I would much rather have universal basic income and no copyright.
Your point about making a living off of creative endeavors underscores this point: if copyright were doing its job the way it's supposed to, your first sentence wouldn't be a note alluding to how damn hard it is to make a living on writing. Somehow you're twisting that to be a feature, which I get, because there's no alternative story, but at the same time, let's be honest: copyright doesn't work well, and incurs huge costs for society.
Even in the particular case of novels, I would prefer to live in a world where some authors are making money than live in one with no novels at all.
> Even in the particular case of novels, I would prefer to live in a world where some authors are making money than live in one with no novels at all.
That's not the choice. Novels will be written regardless, and there are ways to make money that are not copyright-related: Substack and Patreon are doing more to fund small authors than the publishing industry as a whole, and people pay because they want to support the author, and to get early, exclusive access to the author's work. None of those authors are surviving and making money because someone can't copy their work and distribute it. Piracy is a fact, and that people give money to these authors in the presence of piracy shows that copyright is not necessary to support these artists.
I tend to agree with your sentiment but this line made me think you’re underestimating the degree to which the law stops the powerful from doing evil. They see the law as a hassle to be calculated against and if there is no legal friction to stealing and using others’ creations they just will.
So it’s not that Amazon would take your novel, short story, etc and redistribute it. It’s that they’d make a whole series of movies or TV series using your creations and give you nothing and have to give you nothing.
Copyright being eliminated is among my more “idealistically anarchistic” wishes I think but so long as we’re in a society as legalistic and with such an imbalance of power generally, copyright protects more than it hurts I think.
That said, I increasingly see writers making money directly from their audience not because the audience is not allowed to make a copy of their work, but because they treat the writers writing as a service and they want to get updates every week and so they subscribe. I think copyright was created for a less connected world where it was much more natural to print them in bulk and then sell copies.
Copyright does not guarantee you an audience. Nothing guarantees you an audience, authors know this, everyone who creates anything ought to know this?
Copyright just says that if you DO manage to create a work that truly connects with an audience, you're in a position to make money off it because it cannot be stolen from you.
What is so wrong with that?
Skill issue. This is common for low-barrier careers that look like anyone can do them, but only a minority break-even. Others include porn/Onlyfans, social media "influencers",and hordes of aspiring actors who flock to Los Angeles.
The vast majority of stories do not make any money ever. Some do, but only briefly so. The true money makers should have no problem paying the fees.
Only very rare cases of authors who get discovered decades later would not be covered by this, and this is less likely to happen with the Internet. There are no publishing gatekeepers anymore.
It's your property. Do what you want with it. In a free society, the public isn't compelled to buy your books.
It is difficult in the current climate to prevent industrial actors from cultivating genetic lines instantiated by Artists in Art. In a different future, the seperation between small and large-scale genetic agriculture would be recognised, and the abolition of copyright may proceed.
In a world where money is devalued, genetic lines and mental constituency will become even more powerful.
See: the mental constituency of sci-fi books in E. Musk's brain
> Authors and artists are not (and souldn't be) making Art for money.
Hmm...
> Author: I spent some years researching a topic to write a book about it.
Authors don't just make art.
What excuse do artists have?
Simple safeguards are already in practice in today's economy to prevent such circumstances.
Anything beyond that is not personal property, but a literal monopoly which impedes creativity, seeing the many, many, many sequels which are terrible often made to keep a studio's grasp on an IP. It happens so often those are often called "ashcan copy" or "rights-retention" films, which wouldn't happen if Copyright law expired as naturally as Patents do.
It used to be roughly on par with Patent expiration, but it's now almost either 100 years to almost 200.
This would align it with the patent system.
> what leads to fast innovation
Content becomes cultural artifacts - the whole birthday song copyright issue should have told Americans how broken the system was.
Straight up x years from identified release year of edition you have on hand is most reasonable.
How about a unified social platform that allows people to donate to the authors/artists/creators/projects of their choosing? It could allow feedback similar to goodreads, and also be more longterm focused than the traditional kickstarter, etc. The social aspect would give people a pat on the back for sending money somewhere.
https://www.noemamag.com/the-last-days-of-social-media/
I guess my idea would easily fit into what that article proposes for a solution.
If IP owners see actual support behind abolishing copyright, maybe rolling back to min(30, life of author) years of protection would seem like a more reasonable compromise.
They're not paid because access to books is limited by copyright, but because whatever eyeballs they manage to reach are willing to buy their books. I may not be a representative sample, but I think that part wouldn't change much, and discoverability would still be the deciding factor.
I hate the attention economy as much as the next person, but I don't think there's any putting that back in the bottle, the amount of media won't shrink.
(Not books, but Amazon has ripped off indie products before: https://www.reuters.com/legal/litigation/amazon-copied-produ..., and books are being ripped off by other companies’ LLMs.)
Not quite, Amazon would just become the publisher that buys new books/articles/whatever directly from the writers, one upfront fee. Not saying it's a sustainable living for writers, just saying that's probably what would happen.
I keep reading about big companies i) developing very similar drugs that are different enough to avoid patents, ii) using their size to prevent litigation.
So would keeping patents help?
That being said, the patent on semaglutide still expires at the same time and biosimilars (or generics in other cases) can be produced at that time using the injectable formulation (or a new alternative). This seems reasonable to me
Patents on the other hand have become a total joke and I'd be happy to see them gone.
While artists get paid less then many would like, royalties make up roughly 2/3rds of revenue of all the streaming giants, which is a huge amount of money. This recurring monthly, mostly passive income is still helpful for smaller professional bands in between touring.
When the indie band Xiu Xiu pulled out of Spotify many were quick to say it didn't matter that much except for exposure, but in interviews they pointed out that they lost a significant portion of they're yearly income from doing it just from the streaming royalties.
Many will say touring is where the real money is, but costs are rising and what I've heard its not as lucrative for smaller bands as it was in the past.
Some links: Spotify's own report on payouts, obviously a biased editorial, but good data nonetheless (for example 13K artists made 100k/year from spotify royalties alone) https://loudandclear.byspotify.com/payouts/
A transparent report on tour costs from a fairly popular indie band (notably they could make more if they were less principled or were a smaller band, but I think this report is still eye opening in terms of general costs) https://stereogum.com/2497822/los-campesinos-break-down-what...
I think that would be a great loss
1. John Locke, for example, opposed the monopoly.
Before the advent of LLMs, as now, my position on copyright is that what was had prior to Disneys lobyying efforts (which also then lead to similar laws being adopted outside the US showcasing the type of soft power and legislative inspirations the States previously could cause/the US does something so then Western Europe did the same) of roughly 25 years plus one extension was a fair compromise. One could also mirror patents and their length, seems like a solid avenue as well.
Lest we forget, while enforcement is far to limited, any success in defending FOSS projects and their licenses are only possible because we have copyright.
You yourself say that allowing cheap duplication and tweaking is what leads to fast innovation. Why should I be restricted from cheap use of a patent I could use to further innovation?
While I do agree in principal, it is important this is a consensual choice made by the artists themselves. That is the only way to have healthy cultural change.
At the moment, we have e.g. Suno's CEO, who has publicly stated "people never really liked making music in the first place" - this is the kind of detached and exploitative person that we are seeing trying to force copyright changes on the rest of us.
Now something we saw that does work with audio, is statutory licensing. That rule alone allows spotify to be made. And thats also why a spotify-for-video cant be.
Thats why a local Jellyfin with 30TB of videos is better than all US based streaming services combined. Nobody is *legally* able to put a complete video library and pay access fees to relevent rightsholders.
Does this mean you think innovation and change in our culture is too slow? What’s you’re yardstick?
I'd say that at least the movie industry is somehow stuck in a rut.
I don’t see how it would lead to a higher volume of original ideas.
Not in dispute but that's also not the point being argued.
The argument is:
a) whether copyright kills original ideas. I don't think it does but would love to understand what the mechanism is if you think otherwise.
b) whether removing copyright would lead to more "milking of same old topics" in movies. I think the answer is self-evidently yes.
This is not self-evident to me, at least as far as "milking" goes. Inspiration is not the same as milking. I specifically use the word "milking" for the sort of low-level repetitive quasi-effort that the cinemas are full of.
OTOH if someone takes, IDK, Don Quijote and rewrites it into a space opera, it might actually be genuine fun, even though the old idea was there as a foundation.
Don Quixote is in the public domain. Copyright isn’t holding back adaptations.
This suggests that copyright isn't holding back these works...
IF the copyright holders are kind enough not to harass those fans for infringement. And this kindness is quite commonplace in some contexts (people writing stories about their favorite literary characters rarely get cease-and-desisted), but much less in others ("fanfic" movies about Mickey Mouse are a no-go even for free).
The Lord of the Rings is sorta-kinda fanfic to Beowulf, the Witcher is fanfic to Slavic and Celtic mythology. Neither of these two authors started as "big published renowned authors", they were both amateurs smitten by some earlier works.
And yes, I realize again that in those particular examples, the original work was no longer protected. But that is irrelevant to the question of the derived work's quality.
It could potentially help theater owners, who provide a somewhat unique experience. That doesn’t seem very valued these days, though.
Actually, it seems surprising they haven’t moved into sports (especially with sportsbooks becoming so popular).
For example the 2024 Summer Olympics, with NBC owning exclusive rights to the US market for video coverage (meaning NBC Universal, meaning Comcast) IMAX licensed the opening ceremony to be picked up from NBC and delivered to their US cinemas over IP with fixed latency. It was only the opening ceremony and no scored events. That involved NBC, IMAX, and LTN to carry the video in between. IMAX and NBC negotiated the rights and LTN got statements of agreement on that from NBC. There was involved planning and engineering work to make sure the technical part went smoothly. I'm sure the negotiations, contract writing, redlines, and final sign-off between the source and destination took longer than the tech work.
I'm wondering if you are reasoning correctly about this.
Fan fiction, even if building on previous materials, seems to be much less repetitive to me.
Your point was studios recycle IP a lot.
My point is without copyright studios would recycle it even more.
And your point now is that it would be higher quality.
I'm also in favor of very light copyright laws, e.g. I don't think anyone should claim they are Coca Cola.
But I guess we can count on the big companies to do the innovation?
This would lead to explosive innovation and the pie would be growing rapidly. #growth-mindset #disruption
Partly because reverse engineering source code is now trivial.