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It’s Time To Debunk The Myth That Copyright Is Needed To Make Money – Or That It Even Makes Money

One of the most persistent myths about the copyright monopoly has been that it’s needed to make money. This assertion turns out to be false for a very large number of observed cases, but the plural of anecdote is never statistics. So let’s look at some sound statistical evidence for policymaking on this issue.

Since the copyright monopoly is primarily an economic construction, there is a chasm in public support between its abolition for noncommercial activity, and its abolition overall.

In the population, there is a strong majority for reducing the monopoly so that it doesn’t limit noncommercial sharing of knowledge and culture between family, friends, and strangers; when concentrating on the younger half of the population, that majority shifts from strong to overwhelming.

Needless to say, that younger half of the population – now stretching up to people in their early 40s – will neither change their habits nor values about this, regardless of any fever-induced wishful thinking on behalf of the incumbent copyright industries. (Add another two or three decades, and they’ll be pulling all the strings in policymaking, and the executives of the incumbent dinosaurs will be dead.)

When it comes to the commercial parts of the monopoly, however, there are a number of myths flourishing that keeps public support for an all-out abolition in the “unlikely” part of the Overton window. Let’s see what these myths are, and how they stack up against facts:

Myth: If you take away the copyright monopoly, there’s no way for artists to make money.

Fact: This is a very odd myth, given that the old gatekeeper system was the poster child of keeping skilled artists away from any form of income. Under the “sign-a-record-deal-or-remain-poor system”, 99% of artists didn’t get record deals with the abusive record industry – and out of those who did, 99.5% never saw a cent in royalties. Thus, we are moving away from a system that deliberately kept 99.995% of artists without any form of regular income for artistry.

Observing that, I find it preposterous to claim that any shift towards a more inclusive system without those gatekeepers will somehow “take away the possibility of making money for artists”, especially given that the now-obsolete gatekeepers took 93% of the cut, on average, for the 0.005% that did make money in this system. Eliminate those gatekeepers and those 93% of the money go to artists instead – or at least, a significantly larger portion of it.

Myth: The copyright monopoly is an essential source of income to artists today.

Fact: Out of the money spent on culture, a mere 2% (yes, two per cent) make it to individual artists through mechanisms of the copyright monopoly. This was studied in-depth in Sweden by Ulf Pettersson in 2006 (link to article, direct link to study, both in Swedish), who concluded that the vast majority of artists get their income from other means – everything from a day job to student loans.

Myth: The copyright industry is vital to the economy overall.

Fact: The “copyright industry” is deliberately measured in a thoroughly deceptive way that borders on ridicule. According to WIPO’s guidelines as to what should be included when calculating the size of the “copyright industry”, we find everything from paper pulp manufacturing, to kitchen appliance retail sales, to shoemaking (WIPO 2003, via Pettersson’s paper above). If you include practically every part of the economy in group X, and then claim that group X is a vital part of the economy, then it’s going to look like you’re right. Just don’t get caught looking silly when it turns out how you selected that X, and that there’s no correlation at all with what you’re really talking about – the industries benefiting from the copyright monopoly, which are about one-tenth the size of those being held back by it. Want to create jobs? Kill the monopoly.

Myth: With free sharing, nobody will spend money on entertainment.

Fact: The household expenditure on culture has increased, year by year, since the advent of large-scale file-sharing with Napster in 1999. (According to some reports, it’s constant – but none claim it’s falling.) It’s true, however, that record sales are slumping and falling through the floor. This fact is excellent news for musicians, who don’t need to rely on middlemen who take 93% of the cut, and have instead seen their own income rise by 114% in the same time period.

Myth: Without the incentive of possibly getting money, nobody will go into artistry and create.

Fact: People create despite the copyright monopoly, not because of it. YouTube sees 72 hours of video uploaded every minute. Arguably, most of it will remain unseen, but there are certainly gems in there. Also, the argument is bunk from the simple observation that there is a vast oversupply of artists compared to what the market will hold: you can easily find a professional accountant who picks up an electric guitar in their spare time for a bit of relaxation, but show me one single professional guitarist who relaxes with a bit of bookkeeping in their spare time.

GNU/Linux and Wikipedia are two excellent counterpoints that shatters this weird myth. The dominant operating system and dominant encyclopedia was created by unpaid volunteers. (When I say that GNU/Linux is “dominant”, I include the Android derivative, just for the record.)

We have created since we learned to put red paint on the inside of cave walls, not because of the possibility of making money, but because of who we are, because of how we are wired. (Usually, people who are into life for the money don’t go into artistry in the first place. They go to law school or medical school. There’s a reason for the parents’ face of despair when their child says they’ve decided to be a poet for a living.)

The myth that the copyright monopoly is needed for any kind of artistry to make money, or even to happen in the first place, is an obscene myth perpetuated by those who have something to gain from skimming off 90% of the artists’ money by denying them an audience in an old-style racketeering.

Can we please move on now?

About The Author

Rick Falkvinge is a regular columnist on TorrentFreak, sharing his thoughts every other week. He is the founder of the Swedish and first Pirate Party, a whisky aficionado, and a low-altitude motorcycle pilot. His blog at falkvinge.net focuses on information policy.

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  • Anyone

    well said, but preaching to the choir

    this needs to be shown to politicians until they understand

    • Anonymous

      unless they can be convinced that they are being lied to or exposed for receiving ‘encouragement’ from those industries to continuously ignore the truth and vote to back them, there will be no change. people can only vote but they need someone trustworthy to vote for. someone who is more concerned with doing what he/she was voted into office for rather than lining their own pockets by ignoring the people and continuously backing businesses with plenty of money. until there are more politicians like that, the people are all but powerless

      • yello

        the point on the next few generation of politicians having OUR attitude towards the policies is heartwarming i must say

        • Guest

          I use GNU/Linux.

    • http://twitter.com/JimmyLuiz1 JimmyLuiz

      ….goo.gl/rDVsG

    • Scary Devil Monastery

      I believe the founding of the Pirate Party is an attempt of his to do just that. And some politicians are beginning to notice these numbers…

    • Evelyn Vader

      The politicians are complicit. They happily take funding from the lobbyists, or may even be directly invested in the industry, themselves. This is all part of the same overwhelming issue that has us Occupying everything. Greedy monopolists have shaped our system to help them maintain the monopoly. I don’t think this article would change their minds one iota.

    • Jerryenglishormston

      Just because you know it, it doesn’t mean everyone else does

    • JordanKratz

      But if the Politicians agreed that Copyright is not Right then these greasy palmed A-Holes would lose a big source of Money.
      The Cash that gets slid to them and/or the Party they belong to and coming form Copyright Maximalists.

    • Banana

      Here in my country the bassist of the most popular rock band ever that sold millions of albums in the 80′s and early 90s and keeps being very popular today earns about USD$500 per month from the organization respomsible to collect the royalties for the artists . And nothing directly from the record label.

      • Banana

        And by the way he is currently homeless,that’s serious! The band name is Legiao Urbana.

    • gacek

      No, artits need to realize they don’t need those big companies. Today they cean reach masses with internet… they dont need those thiefs.

  • http://profiles.google.com/alex.hello71 Alex Houdini

    Did… did you just call Android a GNU/Linux distribution?

    /facedesk

    • http://falkvinge.net/ Rick Falkvinge

      I did – well, almost. I called it a GNU/Linux derivative. Is Android not based on GNU/Linux?

      • Ynot_82

        Linux Sysadmin here ;)

        Android is a Linux distribution, but it’s not GNU/Linux.
        It doesn’t use any of the GNU userland utilities.
        It uses the Linux kernel and userland written in a Java derivative for the Dalvik Java VM

        If you want to use the userland/kernel terminology, then possibly use “Dalvik/Linux”
        but to be honest, plain “Android” is easier

        • http://falkvinge.net/ Rick Falkvinge

          Ah, thanks. This is actually the first time I’ve learned that it’s not always technically correct to say “GNU/Linux”.

          Thanks for the clarification.

          Cheers,
          Rick

        • http://www.facebook.com/profile.php?id=100002639684444 Ryan Smith

          At least we now know for certain that Rick is, in fact, human and not an all knowing GNU/linux based android sent from the future to save mankind from rendering itself extinct due to overzealous patents on life.

        • http://troed.se Troed Sångberg

          Android mobile OEM here. We’re happy to give due credit to Linux!

          http://developer.sonymobile.com/2011/05/06/how-to-build-a-linux-kernel/

        • ScrewEwe2

          Would a new installation of Linux be considered a New/Linux OS?

          TYIA, Gill Bates

      • http://twitter.com/bdawgstreetlord Brandon Hope

        its just Linux…… GNU/Linux is just Richard stallman preaching all Linux systems have Linux some have GNU and some GNU is a major part but like in androids case it doesnt have any GNU in it….

    • Ya

      alex must be an iphone user ..lol

      • Nevets Lleb

        iphone IOS based on OSX based on FreeBSD (and BSD) same like GNU Herd. Linux is King…

        • Danny

          Fail. BSD != Linux

        • Scary Devil Monastery

          BSD is more like Linux’s first cousin…both are meant to emulate Unix in a PC environment after all. The primary distinction is that BSD distributions are meant to be Stable with a capital S. Linux distros instead went down the user utility route.

          Steve Jobs greatest stroke of genius was in adapting BSD – fast, stable, and reliable – into Darwin on top of which Apple could then run their own GUI.

          The main reason to distrust iOS isn’t the OS itself (which is good and works very well), but the fact that the owner of the phone isn’t allowed to be the admin of it without jailbreaking it. If you want ownership of your device, go with Android. If you could care less, there’s no real difference between a Samsung or HTC or an iPhone these days.

          Of course, with Steve jobs now gone, It’s even odds the next few Apple releases will be pure crap.

    • José Reyes

      Well it IS Linux based.

      • Stonecold

        LOL incorrect.

        It is the exact opposite, Linux is based of BSD (or more accurately, BSD is the free open source version of UNIX, and LINUX was based off UNIX).

        • Y.A.

          Wrong. Linux was coded from scratch in 1991 because Torvalds did not have the money to buy a UNIX OS (which were proprietary and cost $1000s at the time) and his university was switching to Solaris.

          So he coded it from scratch and made it exactly like Linux.

          BSD *is* a continuation of the age-old UNIX codebase, though it uses a different brace style (KNF, as opposed to The One True Brace Style which K&R used when they made UNIX and the C programming language) and it completely different in general.

          That’s why we call these Unix-like, because they are only POSIX-compliant (read: Unix-like) on a very basic level. HP/UX is an example of a true UNIX.

    • Guest
      • Y.A.

        Nope. It’s just that Google has finally committed to sending patches back to Linux. The Android filesystem and userland are completely different and they simply cannot be merged.

        Props to Google though, even though being late, the Android code underwent a massive effort to be more like Linux so they can send patches back-and-forth easier, benefitting both projects.

  • Anon

    Wow, that video was good.

  • Guest

    If I were to make an argument against the total abolition of the copyright system, it would be that there needs to be protection against someone stealing someone else’s work to make money off of it. Non-commercial use, who cares. But you know that people like the record industry execs wouldn’t think twice about stealing an album off the internet and selling it themselves with better marketing and distribution if it was legal.

    • Anyone

      they already do this
      many artists don’t get anything when the studio release a new “compilation” or a “best of”

      they can do this because sueing them would simply cost more than the artist could hope to gain, even when he wins

    • Michael

      Lets look at playing devils advocate now in regards to abolishing non-commercial use copyright. Person A makes a superior product and starts selling it himself. Corporation X catches wind of this and decides to give away Person A’s work for free on their website so they are unable to make any money.

      The idea of non-commercial copyright use can let the big guys crush the little guys with little or no effort and vice versa.

      In the end, you’ll probably end up with all your music made by your accountant friend and his buddies.

      • Anyone

        Google Maps has been sued in France because of that
        because their free map application was superior to the paid version of some company

        and corporations are out to make a profit, not sure what simply giving away a superior product will achieve for them

      • Scary Devil Monastery

        That isn’t a problem though. Lady Gaga is distributed for free for all intents and purposes on a hundred different platforms.

        She still makes a killing on tours.

        Similarly Paulo Coelho distributed his work “The Alechemist” on TPB. His physical sales skyrocketed with 12 million copies.

        Where culture is involved, generally speaking the fans always want to go to the actual source, since part of fandom is standing up for your chosen artists.

    • teenygozer

      Heh, London publishers used to take Charles Dickens’ latest novel and publish their own cheap-and-quick versions, often full of typos and sometimes even paraphrased from what he’d written. (I have a strangely non-verbose modern version of A Christmas Carol that must have been copied from one of those paraphrased novels.) He spent years in court trying to stop them, as celebrated in the neverending court case in Bleak House. But that’s no excuse for the excesses of copyright we’re seeing today. Dickens absolutely should have had seven to 14 years of copyright protection against publishers selling his novels for profit, then public domain.

    • Scary Devil Monastery

      Case in Point: CRIA (Canadian Record Industries Association) and the fact they “stole” 300,000 titles for commercial use for over 20 years without giving the artists involved a single cent…

      Also known as the 6 billion dollar lawsuit which is what their own estimate of damages due a stolen track should cost.

  • Pokeplayerhq

    You say it’ll be 30 years before the monopoly is dead? I’d say it’ll be dead in less than half of that. Especially if these losing money from pointless court cases keep up.

  • Paul

    Nice read, now how can we get this message to the people who make policy??

    • TheMAXX

      policymakers probably already knows this. Problem is no one is paying them to do the right thing.

      • 7th_Guest

        And the answer to that is volume. Amass a group of (young) like-minded ppl that have become knowledgeable enough and feel strongly about this issue (let’s call ‘em, say, ironically Pirates) and get ‘em to correspond with their local and national representatives en masse, telling ‘em sternly, but politely, how important the matter is to them and how it’s going to be the main decider of their vote next time. Should the incumbent politicians not share/include those views in their running platforms come next elections, they’ll know that a significant number of ballots will be sure not to go their way. See if that works.

        Hint: It has and it does.

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  • lahma

    Very good article! Like “anyone” said above, you’re preaching to the choir. However, I have had many debates with people over this exact issue, and sometimes find myself rambling. This dispels many common falsehoods and preconceived opinions, and it would be a great article to give to someone who is blinded to the facts. If there is 1 reason I can give for the need for copyright reform, it would be this: Apple.

    • Anyone

      patents is a whole different monster to slay
      while related to copyright I fear it will be even harder to abolish

      • http://donwiss.com Don Wiss

        Patents were created to allow the holder a chance to recover their costs in building a factory to produce the item. The pharmaceutical companies have high development costs. So they get their 17 or so years of high prices to recover the development.

        But the system has been corrupted with patents for software and business processes. These have no costs to develop. All they do is allow the company to make excess profits. They have no place in a truly competitive environment.

        When copyrights started they only covered printed music. Again there was a cost in typesetting the music. They got a chance to recover those costs. But then it was also corrupted.

        All that copyrights, and many patents, do is to allow for monopolistic profits. If one takes a beginning economics course one learns that in a purely competitive system, with perfect knowledge and no barriers to entry, no one makes any excess profits. Businesses don’t like this. So they create all sorts of barriers to entry. This includes various credentialing to keep outsiders from plying their trade. They should all be pulled down.

        If there were no copyrights on movies they would still exist. Acting and shooting movies are hobbies. As noted above see how much is uploaded to YouTube. But what you wouldn’t have is Hollywood actors and writers making such insane amounts of money.

        • Anyone

          for medicine I can see keeping the patents, allthough much more limited than today
          no more re-registering your medicine by simply adding vitamin C to enjoy another 20 or so year of monopoly (as they did for example with Aspirin)

      • http://www.chicagobassensemble.com/ Jacque Harper

        Why worry about abolishing copyright? If you don’t like it, don’t use it on your works.

    • http://profiles.google.com/orfetheo Orfeas Theofanis

      Patents are a whole different discussion, and if you’re looking for someone who uses patents for their own gain, try pharmaceutical companies and not Apple.
      These companies create drugs and are the only ones who have the right to sell them for many decades, and at the price they want.
      And I remind you that this is a matter of health, not just a phone or tablet or whatever. The pills might cost 1$ to make but they are sold for 50$ or 100$ or 500$.
      But the real reason for that price and patent protection is that in order to create the medicine, they spent a lot of money, a lot of work, a lot of time in research, which should be paid back.

      • Hvalfisk

        But think of all the money everyone saves from the price reduction that follows when we get rid of patents. We can just send those money to the researchers.

        • JohnGustavsson

          Temporary it would be a huge boost to global health at the cost of the companies share holders. But after this kind of nationalization, no commercial investor will invest in medical research.

          It is possible to have government financed medical research and paying for medicine in that way. The problem is that for a small country it is better to let some other country to do the research, so many countries would not pay for research. Also the government has to pay for all failed research as well, compared to paying more for successful products from companies.

      • Scary Devil Monastery

        Yes, and then again, no. First of all, at least in Europe most medical ground research is actually government-sponsored. In the US, a large proportion of basic research is paid for by subsidies and donations. The actual numbers on investment cost in research are not as impressive as you’d think.

        Moreover, the patents are abused to a fare-thee-well. It’s a rough estimate that big pharma running no-brand manufacturers off the market has cost at least a hundred thousand dead infants in the third world largely due to the fact that Cuba can no longer ship dirt-cheap but effective vaccines and basic GM crops to africa, india, and south america, for instance.

        Similarly before Merck and Pfizer very reluctantly agreed to a “humanitarian gesture” of lowering prices on the AIDS vaccine, we were looking at millions of people about to die before their 30th year due to that disease. And well over 50% of the afflicted still can’t afford that.

        Where medical patents are concerned, you could very likely make a case for them costing the world more in untimely deaths than the two world wars over the last twenty years. Given that score I’m actually very much in favor of medical patents going away almost completely. The cost right now is just not defensible.

      • Masa

        You might want to check how much of that researchcosts are paid by taxpayers…

  • JohnGustavsson

    I agree that most of copyright and patents do more damage than positive effects. What I still think is important to protect is brands and original reference. If you claim to have written a book, and it’s stolen, you should go to jail. If you make false copys of medicine or food and claim it to be the real deal, you should be jailed for life.

    • Scary Devil Monastery

      Brand name is an identity. It’s an entirely different kettle of fish. And claiming you are the inventor/creator when you in fact aren’t, is in fact fraud.

      Brand name is entirely separate from Intellectual Property in general. Indeed, you can’t even mention brand names in the same sentence as copyright and patents given the distinction.

      • JohnGustavsson

        I wrote to make an distinction between different kind of Intellectual property violations. Removing patents and allowing non-commersial sharing can be possibly good for society. False brands and false claims for authorship can be fraudulent and even cause death if bad medicine for example.

        At least internationally, brands/trademarks, patents and copyright is considered as different parts of intellectual property. From Wikipedia: “Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights and in some jurisdictions trade secrets.”

        • Scary Devil Monastery

          Yes, well, there is a reason I’m not that fond of wikipedia in some cases. For the record I agree with your arguments and definitions save one: “Brand Name” is no more “Intellectual Property” than your own name is for any intent and purpose. Were that covered by IP law you would be able to take anyone uttering it to court.

          Brand name is an identity of sorts. As you state, making a false brand claim will result in fraud and can be a serious hazard to the consumer. Hence I think Brand name theft is akin to identity theft – usually a case of, or part of criminal fraud, and should not be covered under IP.

          Milton Friedman made the best analysis of “Intellectual Property” by far. IP is not “property” as we understand it – rather, IP means a severe restriction of everyone else’s property as it specifically prohibits a third party from using their own property as they wish. Logically such a restriction can only be defensible when the use concerns the actual abuse of the creator. Such as in fraud and/or misrepresentation.

          Brand theft is akin to slander/libel. It’s that simple. Copyright infringement or creating a no-brand copy is simply making a copy using one’s own materials without claiming originality or coattailing someone else’s name.

  • http://profiles.google.com/orfetheo Orfeas Theofanis

    I agree with *almost* everything.
    Youtube might give people the opportunity to upload their creations and become well-known in the world of the internet, wether they are musicians or comedians, but youtube itself is a kind of industry like the MAFIAA (no offence).
    I mean youtube does pay the artists when they reach some views, subscribers and audience in general, but they keep a lot of it for themselves.
    But even though they do that, the amount they keep isn’t near as close as 90% like the recording industries.

    • Anyone

      but they allow everyone to upload, unlike the MAFIAA gatekeepers that pick and choose what people should be interested in

      • RustyJoe

        It can be good actually if some professional musician filter some shitty bands for me. Sadly those accepted bands can suffer from such decision though.

    • Pianogamer

      Youtube is still a gatekeeper, but better than the previous. As long as they don’t monopolize and attack people trying to establish a better service, it’s ok. Then the optimal solution has the potential to emerge.

      • Guest

        Word “Google” and “not monopolize” don’t mix very well nowadays.

    • Montisaquadeis

      Most people uploading to youtube are expected to be paid and that is a key difference in this case. Most of the uploaders are the general public like you and me and we dont expect to be paid for uploading there. So you comment makes no since for 99% of the people who upload to youtube.

  • http://modmyi.com/forums/iphone-4-new-skins-themes-launches/740147-neurotech-hd.html#post5637502 Jay

    Ooph, another Pirate Party dipshit. Cultural and artistic creations are not a fundamental human right.

    • Anyone

      I don’t think that has been claimed

      • http://profiles.google.com/zerianis10 Christopher Kidwell

        Actually, yes, it has. Many people on here have pointed out that the right to take part and engage in culture IS a human right. Jay is totally wrong on this subject.

        It’s like telling someone “Oh, you can live…. but you cannot breathe, because that is not a human right!”

        • Anyone

          true, but it hasn’t been claimed in this article ;)

    • Pianogamer

      1.”another Pirate Party dipshit” – Rick Falkvinge establised the first Pirate Party, he is THE Pirate Party [insert preffered adjective].

      2.Your remark has absolutely no relevance to the article

    • Guest

      By that statement you’re effectively saying that there is no right to creating cultural and artistic creations, either.

    • Guest

      Hahahaha

      Jay the Troll can’t disprove any of Rick’s points, so he argues against a strawman.

      Sad, Jay. Sad.

    • ScrewEwe2

      Jay, I think Copyright Law should be thrown to the ground, kicked in the ribs and have Chucky do a skull dance on Copyright Law’s head and just when Copyright Law tries to stand up, have Barney the purple phuck Dinosaur kick Copyright Law in the balls 20 times, so Copyright’s balls are as purple and swollen as Barnye’s. After all that, I would join Chucky and Barney in pissing in Copyright’s gas tank with a sugar chaser. Then we would send in a Crack addicted Tinky Winky/Jerry Fallwell monster to do some real long lasting brain damage and have Copyright committed to a North Korean Insane Assylum.

    • Guest

      Troll!!!

    • Scary Devil Monastery

      Actually you are incorrect. Go read up on the UN definition of human rights if you are in doubt.

      After that, go check up on “freedom of communication”. Then if you feel philosophically inclined, go read up on where Milton Friedman dissects “Intellectual Property” and what it truly means.

      Now, Rick presents facts. All you have to counter with is a lame one-liner. If he is correct the dipshit is in fact you. If he isn’t, better counter his claims with some facts of your own.

      Which should be difficult since established science has failed to find such facts.

  • Christophe Thomas

    it s all so obvious – you sometimes wonder why the copyright sauce does stick at all :) otherwise = it feels good to read this – sometimes i feel being a weirdo hinking along those lines …

  • Guest

    There should be another debunking, namely the following – efforts based on copyright enforcement are not needed for artists to recoup the money.

    Daily we have to stomach the likes of Anon telling us that invasion of privacy, ignoring “innocent before declared guilty” and ridiculously astronomical prices are because artists need to recoup losses from piracy. However, let’s be honest – when have any initiatives made artists richer, or made them money from alleged piracy losses?

    Blank media levies: We pay these because they assume every CD or disk drive is going to be laden with copyrighted stuff. Artists don’t see a penny from this.
    Performance right organisations: They demand money wherever there’s a radio or singing regardless of the music being original, covered, or even if the radio is being played and threaten to sue or shut down establishments that don’t comply. PROs go after establishments that don’t even have any songs under artists they cover or even folk songs, claiming that someone holds editing rights (hint: no one does). Yet only the top 10% of successful artists get any money at all. All other artists – who supposedly has money collected on their behalf – get squat. Same thing happens if the PROs can’t find a mailing address; the PRO keeps everything.
    TPB trial, all other lawsuits: Money from the former has been confirmed to fuel more lawsuits, instead of going back to the artists that TPB has supposedly “robbed”. Money collected from RIAA settlement letters has never been reported to go to artists either.

    Fact being? Any claims about antipiracy efforts being for the artists are bullshit. Any artist that supports these reckless attempts, completely ignorant of collateral damage, soils whatever goodwill they might have had with fans, and never sees any of the money that was supposedly stolen from them. Maybe we shouldn’t call for copyright abolition – just the hamhanded, iron-fisted way it is enforced, which has sullied its name in the eyes of the common people.

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  • TaZ

    I know of a local band that got screwed by the music industry back in the late 70′s.
    They signed a 5 year contract which included language that gave the music industry rights to all their music.

    Just before they were ready to record their first album the music industry shelved the project. It also prohibited the band from playing together anywhere for 5 years.
    Totally destroyed them.
    I hate the music industry and their ways of destroying creativity.

    • http://profiles.google.com/zerianis10 Christopher Kidwell

      They should have taken the industry to court and told them “Hey, you broke your end of the bargain. I want released from this contract!”

      They most likely would have won.

      • Anyone

        they would have needed the money for the lawyers first

        • http://profiles.google.com/zerianis10 Christopher Kidwell

          Not really. It’s NOT that hard to file a lawsuit yourself. I had to do that numerous times before I became a paralegal when one person or another treated me badly/wasn’t adhering to an agreement.

          I just went to the local library and in two hours researching and surfing the internet, found enough information and the proper sections of law to file my own lawsuit without a lawyer.

          People have been conned into thinking that it is ‘hard’ to represent yourself in court. Criminal court, yes it is. Civil court, no it is not.

    • Guest

      Who was this local band?

  • Ynot_82

    Seeing as there were certain keywords in this article that made it fall into my news-aggregator, I guess I could chime in with my thoughts.
    I am, however (and to my loss, I’m sure) not a regular reader of TorrentFreak.

    There’s one important aspect that isn’t covered in this article, and that is the intended purpose of “copyright”
    Copyright is designed to provide an incentive for creators to create. However this need not be purely a financial incentive.
    Indeed, in this age of Open Source software, free to use video sharing sites, and a wealth of other collaborative creative projects, such incentive is often just recognition and respect from fellow peers.

    There is a very real danger when talking about “is copyright needed”, or “let’s abolish copyright” that you’ll get on the wrong side of otherwise like-minded people, purely because copyright is currently the only sure-fire way of attributing the author’s for their works.

    I can tell you for a fact that free software authors would not buy into the idea of “abolishing copyright”, as this would abolish all legal forms of author attribution and as a meritocracy this is the overriding incentive for us to create.

    I think a more realistic approach is for “copyright” to be split in two.
    As a legal record of who did what when, it is very useful to society.
    Used as a legal weapon to guarantee profit from reproduction, it is not so useful.

    We can then tackle the issues surrounding the excessive (mis-)use of “all rights reserved” to generate ever-lasting cash-cows (by, say lobbying for max. 5 year restrictions) without impacting the other useful aspects in any negative way.

    • Anyone

      authorship or credit is something else than copyright (the right to copy)
      in many countries the two concepts are already separated, while you can sell the copyright you cannot sell authorship in those countries

      • Ynot_82

        Indeed, but there’s differences and discrepancies between countries. While it’s possible to separate the issues in some jurisdictions today, it isn’t in others.

        This needs to be globally similar (if not identical) in order to be successful.
        See the issues that Creative Commons had when they were starting out.

        Unfortunately copyright is the only globally agreed upon legal framework for such things, and so used as a base of liberal licensing (creative commons, the GPL, etc.)

        • Guest

          Isn’t it time somebody discovered an alternative?

      • Scary Devil Monastery

        This is usually a deliberate obfuscation – merging paternity rights with copyright. The former aspect is almost universally respected, the second one is decidedly not.

        • Scary Devil Monastery

          …and to follow up on that, of course the pro-copyright lobby has been very keen to merge the unpalatable and illogical aspects of “copyright” with the natural and universally accepted “paternity right”. Which is why many countries now find themselves unable to separate the two aspects.

          In very much the same vein as in the EU the Gallo report tried to merge “copyright infringement” with “brand falsification”, leading to the startling conclusion in the report that making a copy of an mp3-file would seriously endanger the health of the consumer…

          A very neat bit of deception, and a very deliberate one as well.

        • LinuxFTW

          It’s not obfuscation. One depends on the other.

          Do you propose the former would be automatically respected without copyright law (possibly reformed) to back it up? Without copyright, anyone can (and will, IMHO) copy the content while removing any reference to the original author.

          As Ynot_82 correctly described, copyright is necessary to have enforceable open source licenses for one thing. The GNU licenses, for example, set specific conditions for the recipient of the Free/Open-Source software which would be unenforceable without copyright.

    • ScrewEwe2

      Many people have created accounts and uploaded other’s works in ebook formats to Amazon and other websites, and changed the authors names to their alias or name in order to make some quick and easy money. Copyright in this instance, is acceptable in cases of outright plagerism for financial gain but I don’t feel that copyright should pertain to the free exchange of digital copies of bits and bytes for fair use between family, friends or even strangers. If I make an audio CD for my mother at Christmas, nobody but the MAFIAA is going to call me a criminal or my mother a criminal for accepting stolen property. Incentives can be a subjective thing, depending on who’s sitting in front of the keyboard.

    • IAmDemoVersion

      So true. Copyright is not entirely wrong it’s just overly abused by corporations.

  • mystrdat

    Good article, even better video sample.

  • Frightened

    We don’t need corporate parasites in our society. Whether they are in entertainment banking, finance, oil or weaponry we have to eradicate them once and for all.

  • Radical Inquisitor

    Got a question. I’m a writer about to publish my first novel. How SHOULD I make money off my book? I’m a pirate myself, so I’m not going to sue anyone who pirates my writing, but how do I make money?

    • Guest

      Prepare for advice along the lines of “First you should give your book away for free to build a fanbase. Then people will come to your gigs and buy your merch etc, etc” ad nauseum.

      • Radical Inquisitor

        Yeah, that’s about what I’m expecting. I find, as a pirate, that other pirates are very gung-ho about “supporting artists” but seem to lack solid ways that piracy supports artists.

        • Michael

          It’s typically all an excuse to say, “Give me free stuff”.

          Take for instance a movie called “Hobo with a shotgun”. It’s an independent movie where the film maker was trying to break even. When he went on to Piratebay asking people to stop pirating his movie he was told otherwise.

          So much for supporting the artist and sticking it to the man. Sounds more like “stick it to anyone who has anything I want for free”.

          You know I’d admire this point of view if the foundation wasn’t so based in BS.

        • Haggard

          Just pull a Louis CK. Sell it. Cheap.

    • Anyone

      I’m not an author, so I don’t know exactly how this works, but upload it to amazon, google play and itunes (charging money) and upload it to TPB as well (with a link to the shops in there)
      also a homepage with a flattr or paypal link

      just because your book is available for free doesn’t mean people won’t buy it
      if they like it and want to support you they will

      • Radical Inquisitor

        That’s roughly what I plan to do. I’m publishing in both ebook and hard copy, and I figure I’ll just stick something in saying “If you like this, go buy it here, here, here…” Hopefully people will support me, but given my experiences with humanity I’m not exactly reassured.

        • Guest

          Think of it like this. When was the last time you downloaded and mildly enjoyed some independents book, movie or music and sought a way to support that artist for enhancing your life?

          It’s along the idea like this: You open a business where the customers have the option of getting your stuff for free or pay for it. There are going to be some people willing to pay for it, but if people can easily get something of quality for free, they will. Especially if its anonymous like it is on the internet.

    • Guest

      How should you make money off your book?

      Sell it. Hope that it has mass appeal.

      Two additional things you can do: put a donate button on your website. Add a forward to your book that says something like “I’m cool with it if you pirated my book. But if you pirated it and also *enjoyed reading it*, then I ask that you please support me by visiting my website and donating. If you can afford to.”

    • ScrewEwe2

      Many moons ago a very famous American anti-war protestor named Abbie Hoffman wrote a book about getting by for free and living off the grid called “Steal This Book”, so that’s exactly what I did. One of the great “hacks” was to use #10 metal washers as dimes in vending machines and public phones and it worked for a couple of years until the vending machine makers and AT&T caught on. The great thing was that if you bought something for 25¢ you would put in 3 #10 washers and get a real nickel back to help pay for the washers or to buy other stuff. The publisher wasn’t happy about him insisting on the name of the book. There were a lot of great vending machine hacks back then.

      • Radical Inquisitor

        How…does that answer my question in any way whatsoever?

        • ScrewEwe2

          I wasn’t trying to answer your question at all, I was just recollecting about another author who’s book was taken by many, if not most, without paying. Good luck with your book.

    • MisterO

      Actually unknown firms/authors/filmmakers etc always sell their works in the red or without real profit. It’s essential part of getting known. When enough people recognize your value then you can start monetizing your works by selling them, talking to people, teaching them etc.

    • MisterO

      To clarify the second part: by selling in case of popular people I meant that if you sell a lot you can profit even if cost of the product is low (there are lot of ways to sell books online nowadays).

  • ThumbsUpThumbsDown

    Is it possible that those demographic studies showing under thirty year olds dissenting resoundingly from Copyright, are really saying that when modern youth (especially that segment that quests for and enjoys
    the benefits of elite success)) becomes thirty one, and takes full responsibility for the family poorhouse, they slowly turn into militant Chris Dodds; and, start running companies and passing laws that impose even more constraining copyright regimes on the rest of us?

    I ask this because all of our assumptions and understandings about the moral, logical, legal, political and economic illigitimacy of the existing system of Copyright as corporate privilege does almost nothing to explain either its pervasiveness or durability.

    If perpetual Copyright is so obviously wrong in so may ways, why is it, nevertheless……so strong; and perhaps, getting stronger?

    Suggestion: Copyright Law as perpetuity “works”: and, is pervasive and enduring, because, (except for the emergence of the modern corporation itself as” perpetual artificial person with human legal standing”), it represents the second most effective instrument of elite control ever to affect the question of human governance.

    When we ask why 1% of the population receives 99% of the wealth, we return again to the two most effective tools ever devised to vacum
    wealth from the bottom and middle of society and distribute it to the top: Corporate Personhood and Perpetual Copyright.

    In functioning popular democracies, where every citizen is deemed equally empowered to participate in law making, moral and legal illigitimacy matters; but, in dysfunctional democracies, where wealth and power have been so asymmetricly mal distributed, what matters is relative power; and, whether the people who have power can be “persuaded” to relinquish it, or apply it differently.

    We have come to the point that we understand the problem.

    We will soon arrive at the point where we will have to to act to correct it

    • Guest

      I don’t think modern youths will slowly turn into sociopaths after they hit 31.

      As for the pervasiveness and durability of copyright, what pervasiveness and durability? Copyright is, practically speaking, dead as a fucking doornail.

      • ThumbsUpThumbsDown

        Two observations: First: Todays aged supporters of corporate copyright, the parents of todays younger generation, were the acid dropping, civil rights and anti-Vietnam war protesting, flag ripping radical fornicators of Woodstock. True, the most successful of them transformed the Civil Rights movement and the War in Vietnam (no small achievements); but, it is also true that the most successful among them are at the forefront of today’s copyright maximalists. Second: Dead as a doornail? These Copyright corporations just came within a hairs width of wrapping PIPA, SOPA, ACTA, CISPA, and TPP, tightly around our necks. Even without the benefit of those laws, they’re credibly threatening to impose SIX STRIKES on all Americans. They’ve been eating their way through P2P companies the way Godzilla ate his way through Tokyo. Dead? Why should we believe so? ….. Duration? What proof have we that it will be “us” that endure?

  • Roswell1701

    This is a GREAT article. I don’t agree with every single detail, but most of the facts stated and opinions expressed are linked (pun intended) to a single self-evident truth: The Internet, along with digital technology in general, is effectively breaking the Entertainment Industry’s monopoly with regard to the discovery, finance, production and marketing of media. Pre-digital era, aspiring writers, musicians and filmmakers were forced to kneel before the Industry Gods and beg for recognition. Why? Because, only the Corporate power of Big Money could provide the artist with financing of needed materials and creative resources, mass production of the artist’s work, mass marketing and distribution of that work, and media exposure of the artist to the general public. The Industry invests in the artist, therefore, the artist and the artist’s work become the PROPERTY of the Industry. The legal construct of COPYRIGHT, therefore, serves not to protect the artist but to protect the Industry’s initial investment and potential profits… Thanks to the DIGITAL REVOLUTION, creative people like myself can set up audio and video production studios in our homes, publish from our desktops, and market ourselves and our projects over the Internet. The PRODUCTION AND MARKETING TOOLS once held by the financially-powerful few are now available to the masses. We are using these tools, and the Industry is taking notice; they have no choice… Will Copyright Laws ever be abolished? Of course not. But the ever-changing digital landscape is crushing the strangle-hold of the Entertainment Industry over the CREATIVE INDIVIDUAL; a situation they are going to be FORCED to accept.

  • RengFin

    Incredible! Some very valid points indeed. Well done!

    TotalVPN.tk

  • Billz

    Copyright is part of a wider issue of corporate control. Corporations require this control in order to make their profits, and whilst it is naive to consider they will give up that control politically I support any efforts that work against that control such as Torrent Freak, Rick etc. But for me the notion that democratically younger people do not want copyright and therefore copyright will disappear does not work. The corporations continue to develop their executives, and those executives will continue to support the corporate line because their jobs and wealthy lifestyles will depend on it.

    For me it is important not to consider copyright in isolation, copyright is simply another method of giving corporations control of what is naturally free or owned by the people themselves.Patents are a similar practice to copyright. Patents are presented as a means of encouraging invention, but in reality they allow corporations to own what is invented.

    What about our foods? Are they owned by the farmers who “create” them on their farms? No they are controlled by the corporations who control the seeds and the pesticides and the GM foods that farmers need to grow food, and the distribution of the foods from the farms to the factories and the supermarkets. Buying our food is not a process of growing and buying, it is a process controlled by BigFood.

    So what happens with our health? They own the drugs that make up our medicine. these drugs are created in their laboratories so how does this fit in with the above? They control the patents for the drugs so people cannot make those drugs cheaper or setup different factories to make them. But even worse than that. they create the demand for those drugs. they control the curricula in medical colleges so that doctors learn to heal through drugs, and their ongoing professional education is basically controlled by the pharmaceutical reps. And the industry tries to squash the knowledge of nutrition and a plant-based diet that would mean we could heal ourselves through healthy eating and a healthy lifestyle.

    It appears that I am straying off the point of Torrent Freak or the anti-copyright movement, but what I am trying to do is connect the dots. There is a tendency in our mis-educated society for people to adopt individual causes and not say that behind these causes is the same process, and that process is the way corporations control. Younger people with the freedom of youth might well relate to the copyright industry as it affects what that generation is interested in – entertainment. But that political focus in my view needs to be seen in a wider context of corporate control.

    There are another group of young people who have connected the dots, I hope the Torrent Freakers will support the Occupy movement in their wider recognition of corporate control, part of which is copyright.

    • KillMeBaby

      So generally saying you shouldn’t fight copyright. One should create a good alternative and fight corruption.

      • Jacque Harper

        You should use copyright on your own works if it is too your advantage to do so. Artists who own their copyrights benefit from copyrights. Artists who sell their copyrights to corporations may benefit, if in exchange for transferring copyright to the corporation, the artist gets something (promotion, production, something!). Artists who don’t copyright their work may benefit, but not simply as a result of not copyrighting their work.
        Who really benefits by ABOLISHING copyright? People AND corporations who want to use an artist’s work without providing any benefit to that artist.

        • KillMeBaby

          Copyright is double-edged sword. And as any weapon it can be (and often is) abused. Sustaining current system involving media-corporations is like encourage abuse because they operate on over-profits. There are no “good” media-giants.

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  • ofProto

    If only someone could show this to the MAFIAA.

  • Freedom of Speech

    Rick Falkvinge is a genius :-) His website: falkvinge.net

  • http://twitter.com/krozareq krozareq

    Just look at Psy. Put Gangnam Style wide open to the Internet and instead of it just being big in the ROK, shit went unreal with over a billion parodies + hitler.

  • Aaeru

    The formula to profit on the net is this:
    1) More access to content = more fans
    2) More fans = more true fans
    3) More true fans = more money

    http://fuwanovel.org/faq/2

    • http://profiles.google.com/zerianis10 Christopher Kidwell

      True. You can also try to monetize things by offering HD videos of performances and 320kbps+ music recordings online, but don’t expect that to be your sole source of income nor major source of income.

      • RoboTalker

        I think if people can be sure that you are the author of content they’ll give even more money.

  • Aaeru

    Also see Eben Moglen’s addressing this topic:

    https://sharingisliberty.wordpress.com/2012/09/21/eben-moglen-the-people-who-are-worried-are-the-people-people-wouldnt-voluntarily-pay-and-thats-not-you/

    Eben Moglen:
    “The net is a superconductive medium for the creation of software. So, as I wrote in 1999 when it was a little less obvious than it is today, we are witnessing a phenomenon first noticed by Michael Faraday at the beginning of the nineteenth century. Wrap a coil around a magnet; spin the magnet. Electrical current flows in the wire. One does not ask, “what is the incentive for the electrons to leave home?” It’s an inherent, emergent property of the system, we have a name for it: we call it induction. The question we ask is, “what is the resistance of the wire?” Moglen’s corollary to Faraday’s Law says, wrap the Internet around every brain on the planet; spin the planet. Software flows in the network. It is wrong to ask, “What is the incentive for people to create?” It’s an emergent property of connected human minds that they do create. The forms in which they create, like the evolution of spoken and written language, like the disposition of memes, cultural forms, patterns of pottery, shapes of musical endeavor, and so on, are structural characteristics of the human mind. We are a social species, and we create together; that’s our nature. The question to ask is, “What is the resistance of the network?” Moglen’s Corollary to Ohlm’s Law states that the resistance of the network is directly proportional to the field strength of the intellectual property system. The conclusion is: Resist the resistance. Which is what we do.”

    https://sharingisliberty.wordpress.com/tag/eben-moglen/

  • http://donwiss.com Don Wiss
  • Wheezy

    I’m pretty positive that Linux is the dominant operating system (or at least kernel) even if you omit the Android fork. The kernel runs in/on so many things in our everyday lives that we don’t even take notice of it.

    • Guest2

      It’s true in a case but it’s popular not with people but with vendors (no-royalty paradise). So if you talking about “device count == popularity” it can be true but if you talking about conscious choice when people try to decide what OS have on their PC this is other matter altogether.

      • http://falkvinge.net/ Rick Falkvinge

        I’m not sure most people make a conscious choice when buying a PC, they’re just clicking “I accept” and are barely aware that there’s something called “Windows” that comes preinstalled. I’d wager most people just see it as part of what they bought, part of the PC doctrine.

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  • bobo

    Just downloaded your book for free somewhere online. Interestingly enough your stupid publisher wanted money…why isn’t it freely available on Amazon or Barnes & Noble anyway? If anyone wants the link for the free download, reply, I’m happy to share!

    • Anyone

      Falkvinge has a book?

      • Scary Devil Monastery

        “A Case for Copyright Reform”. Written by Rick Falkvinge and Christian Engström (Pirate Party MEP in the european Parliament).

        Basically the book is available for free in download in a choice of formats. Or you can purchase a hardcopy. Apparently they gave away a few thousand of them when launching the book and I was lucky enough to receive a signed example. :)

    • exscape

      Am I missing something? It’s freely available in 6 formats from the official homepage. http://www.copyrightreform.eu/

    • http://falkvinge.net/ Rick Falkvinge

      I find this comment quite odd.

      Through this article, I argue that you don’t need the copyright monopoly in order to make money, and that it even can prevent you from doing so.

      When it comes to my (first) book, which is explicitly, in the public domain, it is true that I am selling copies of it. This is the exact point I am making, that making money on creativity without the copyright monopoly is both possible and advantageous.

      Your comment seems to imply that a lack of copyright monopolization means that everything must be for free, which is the exact point I’m NOT making.

      Sure, you can buy it. Or copy it. And give copies in turn. Or sell the copies you made, if you like. All the better: the more you give away, the more I will sell, too.

      Cheers,
      Rick

  • Hytegia

    Like Kurt Vonnegut said:
    If you want to break your parent’s heart – tell them you’re going into the humanities. They are a very humble way of making life more bearable.

    ALL Artists provide more of their own wealth than provided by a company, and their worth is not measured in the money they hold but the works they have produced.

    The only exception, I think, is that copyright should remain for books. I don’t fuck about when I say that those are the things which are the bread and butter for the people writing them.

  • http://pulse.yahoo.com/_CH76QIKXYIFA2FZ2DXC6NUZ24A Andrei

    Politicians will soon come to understand this.
    For every copyright holder there are 10 businesses that die because of the the copyright that the owner has.

    This means lost jobs, loss to the GDP from the various taxes that come with an emerging business, a hit to the entrepreneurship … all this in a time when we sorely need entrepreneurs with the courage to rise, create jobs and contribute.

    It’s sad that gigantic dinosaurs sitting on obsolete business models kill everything around them and act as if the world should care and protect them.

  • PatternGuru714

    Question that’s worth thinking about, and perhaps considering if IP reform happens: Many artists don’t write their own music. If someone writes a song and performers make money from it, without copyright protection for the songwriter they have no recourse. The “artists will make money from performance if they give songs away” doesn’t quite work.

    PG714

    • Anyone

      since the performer is earning money with the creation by the writer/composer it will be covered by commercial copyright
      that still has some uses

      it is non-commercial copyright that needs to be abolished

    • Scary Devil Monastery

      Then the songwriter simply needs a contract with the artist in question. 5% of what the tour brings, for instance.

      Or he takes money in advance which is what 99% of the working world does, billing per hour or by product.

    • Guest

      I believe artist shouldn’t have money from art from the start. Money corrupt people and art supposed to be born from the soul.

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  • http://www.facebook.com/joebbowers Joe Bowers

    You need to take out a full page ad in the New York times to print this. Get donations if you have to to pay for it. Other news sources will re-print it and talk about it. It would become national news.

  • The Cushion

    This is so biased.

    Most of it isn’t even about copyright.

  • Guest

    While I agree with the sentiment, unfortunately the argument is flawed due to over-simplification. While it’s true that a seismic shift has come (and was needed) in the music industry, musicians arguably have a better deal because in addition to income from sales of recordings, they can also derive income from live performance.

    But what about filmmakers? We don’t have the ability to supplement the loss of license income from live performance. If copyright didn’t exist at all, you can say goodbye to 99% of watchable movies. Fine if you think that YouTube represents the only video content you’ll ever want to watch in the future. And I’m not talking about Hollywood studios here either. Even to make a half-decent indie movie still costs a significant amount of money, and before you point to the self-distribution examples of success, remember that these are *edge cases* not the norm. Self-distribution only works for certain types of movies which have very well-defined and narrow target audiences (i.e. nerds). Sadly the main stream media consumer needs to have their media served up to them in a simple and accessible platform. That requires investment. Investment requires a route for the product to get to market, and in the case of films, copyright is required to ensure that the investment can be recouped.

    Don’t get me wrong, I think the copyright monopoly has been over-extended by big corporations with vested interests and I would like to see it relaxed somewhat. But it is still necessary at basic level.

    • http://www.facebook.com/bovski Dmitri Bovski

      I didn’t go to the Cinema until I started Pirating Movies now I’m a regular with a group of fellow down-loaders.

      Downloading hasn’t put me off of paying for content it has encouraged me into the Cinema though this may soon end as I’m not keen on sitting through all the adverts beforehand.

    • Guest2

      So in a few fords: current money-rising and distribution is flawed enough for copyright to be still viable solution.

  • Chris

    Sorry, but I got as far as your first point and it was so horribly flawed I didn’t get much further.

    Your number 1 myth is “If you take away the copyright monopoly, there’s no way for artists to make money.”

    Instead of addressing this ‘myth’ you instead talk about the record label system which is at best orthogonal to the copyright myth.

    Let’s take away the record label system and say that today artists can publish and distribute their own music. Great. Now, if anyone can copy their music with no-recourse, how are they going to make money?

    • Scary Devil Monastery

      The same way they did before copyright? Go ask every artist who made a killing on tours if you need a clue there.

      It’s not that Falkvinge’s arguments are flawed – they’re not. It’s that you are coming from a verifiably false hypothesis.

      That said, in an age where artists have shown numerous times that giving their work away for free can get them fortunes in tour money and physical merchandize even claiming that the money is in a recorded copy is demonstrably false.

      • GuestB

        Well, an artist need only to train him(or her)self and rent instruments to make music which is pretty cheap but when you make million-dollar movie you can’t get “tours” out of it. Though making such elaborate but mostly stupid movies is a freaky part of american export.

  • Colin

    younger half of the population under 40 ?
    I am 55 and still agree with most of the article.
    I think copyright IS needed, but with sensible limits, 70 years after the death of an artist is ridiculous

  • http://bitshift.tumblr.com/ esjay

    I love the myth-busting format. I was busy writing a similar post for BitShift responding to David Lowery’s comments when I saw this article pop up ( http://bitshift.tumblr.com/post/33167183340/could-you-survive-in-a-copyright-less-world ).

    One point I made was that we (US citizens) often treat the US Constitution as if it were constructed solely from natural, unalienable rights. So having the intellectual property clause in there makes everyone feel as if the whole of intellectual property is a natural law steeped in tradition.

    The classical libertarian point of view on intellectual property would probably mirror some of the Asian countries where we see property being co-opted, reused, and extended all the time (see Larry Lessig, “Free Culture”). That’s the best way that I can logically navigate copyright from the natural ownership side.

  • Abba

    It seems author don’t understand that copyright generally and copyright in culture are not the same. The culture supposed to spread freely, that is why music/books/video/games are on the different copyright scale than gadgets/shoes/tools/kitchen appliances. Trying to prevent distribution of cultural goods that aren’t really bounded by physical world is like trying to catch a wind. While material goods can be restricted and redistributed via predefined routes. Doesn’t matter who makes money here. All that matters if rich can force poor to give them more money or not. This is question of general awareness of how world works and people responses to it.

    • Guest2

      Nop, they are the same. Because copyright is applicable only to cultural/intellectual products like books, musical compositions or programs.

  • Mimimi

    I suppose because this article is so weak even I can try to do counterarguments here (though I am against most of modern copyright practices)…

    First you said that there is some hard facts below but all I see is 1 (one) work on unknown language and a lot of unconfirmed numbers (thus probably randomly generated by the author).

    Also myths debunk is just childish:

    “Myth: If you take away the copyright monopoly, there’s no way for artists to make money.” & “Myth: The copyright monopoly is an essential source of income to artists today.”
    There is no system in place that promote, distribute (p2p is difficult for most people) and filter masses of averages to find/nurture gems/geniuses (in whatever culture aspect you like, not just music). So if you destroy copyright and middleman system all people that can’t do it by themselves degrade to middle ages of culture distribution and there will be a lot of unfiltered, low-to-average quality content that no one bothers to manage (that is also why Wikipedia primer is pretty much invalid).

    “Myth: The copyright industry is vital to the economy overall.”
    This fails because copyright is not only for culture. It was initially created for artisans to spread their innovations because earlier they were hiding their “know-how” from competitors in fear of production overtaking and stealing. And this is how it works in modern world. Can you really say it’s not needed?

    “Myth: With free sharing, nobody will spend money on entertainment.”
    On some forum I was asked: “why should I buy it(game) if it’s free?” no second thoughts about why should one give money to creators in the first place or how it become freely downloadable. He probably felt that the publishers gave him a freebie. And I believe most people don’t want to waste their money. (By the way American economy is bloated bubble: try to come to Ukraine/Belarus if you want to know what earning/spending money is really about).

    “Myth: Without the incentive of possibly getting money, nobody will go into artistry and create.”
    There should be more to this than what was mentioned. For example try to remember how most of the classic authors and musicians lived their lives and why they did their works.

    • Guest2

      >It was initially created for artisans
      You are confusing patents and copyright. They are different forms of intellectual property.

  • The_Strawbear

    Mostly negative arguments and only one claim regarding the income of artists, and that is of small unsigned band incomes, which rises.

    There’s so little detail and so much (expected) rhetoric here that it’s impossible not to laugh.

    There’s no ideas here, no blueprint to show how, say authors would make money or what happens when those few buying media, because they don’t want too break the law, what happens when they download for free because they can.

    Crowd sourcing is a fad, unfortunately and one that has a finite life.

    The claim regarding youtube and ‘content’, well that’s fine if you want to watch people messing about at home which most of that content is, mixed in with a few goodish low budget affairs, none of which could give you a TV show with anything like the quality of what any of the channels put out. Our culture is already dumbed down and soon it might be dumber than you care to see.

    Rick, as *ever* you eulogise like a 16 year old who’s just started a course in sociology and who doesn’t get enough pocket money. You’re one of the men at the top and it appears you have no real ideas other than this cock’n'bull rhetoric.

  • Stonecold 1995

    You should also point out that Linux isn’t the only example of its type, and that you can look at the huge amount of quality FREE and open source software out there that crushes competitors. TrueCrypt vs Windows’ BitLocker? Chrom(ium) and Firefox vs IE? Apache vs MS IIS? VLC and MPlayer vs WMP? OGG vs MP3? The former free and open source ones win hands down.

    Plus, another place Linux dominates is the server market. Also any computers that require extreme performance, like supercomputers, almost exclusively use either Linux or BSD.

    • Scary Devil Monastery

      I still like when the NSA had to update their computers with new software and they received political pressure to use Windows. They told the politicians straight off the bat that even if hell froze over they wouldn’t trust their work to an OS which leaked like a sieve and instead designed Linux Secure Edition which they then promptly added to Sourceforge.

      Today most Linux distros make at least some use of the security enhancements the NSA designed.

  • pcGnome

    Sadly, the answer is the same here as most everywhere:

    You gotta wait for the old farts to die off.

    pcG

  • Truec

    Okay, this one has been puzzling me for a while. Let’s say we abolished copyright entirely. Then what?

    • GuessWhat

      Then start finding ways to monetize works without it.

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  • Bradlee Frazer

    In the U.S., a “copyright” is a property right that belongs to the author of creative work that has been embodied in a tangible medium. Is Falkvinge suggesting that that no longer be true, that there be no copyright, as a property right? So if I write a book, I will have no property right in the expression of my creative ideas embodied in the book; my economic interest in the work will be limited to selling the physical paper and ink? Movies may be made from my book, and plays and songs and sculptures may all be made and sold using my words–indeed, all of them–and I will be entitled to neither attribution nor monetary compensation? That cannot be correct. So then, we head down the slippery slope. How does one limit the power of the “copyright monopoly” without undoing fundamental copyright law? I guess Falkvinge is just going to waive a magic wand and do away with ASCAP and the studio system and all other incarnations of the “monopoly” while still preserving an individual artist’s copyright in his or her works? Is that correct?

    • Dan

      The idea that copyright is “property” is a lie perpetuated by special interests. Copyright is a RESTRICTION on property: Big Government telling us what we can’t do with our printing presses and computers. The authors of the Constitution allowed this restriction based on the belief that a TEMPORARY monopoly on publishing would “promote the Progress of Science and useful Arts” by providing a financial incentive to authors and inventors. If copyright does not actually provide this incentive, then it has no reason to exist.

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  • pelb

    I don’t think you actually understand what “copyright” means

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