Matt Yglesias, explaining why record companies need to relax on this whole P2P thingy, states:
As I've been urging, protecting the profits of the record industry is not the appropriate aim of intellectual property policy. Rather, the point of intellectual property law is to ensure that adequate incentives continue to exist for the production of new works.
Pass for a moment whether "the production of new works" is, in fact, the the sole (or even primary) aim of intellectual property law. (It ain't) The "production of new works" is broader that Yglesias seems to suppose. It does not merely mean "the creation of new works." Rather, it also includes the distribution of new works. A record needs a listener; a book needs a reader. Even the most ardent indyrocker needs an audience, or he's just another callow hipster with stacks of vinyl in his basement on a Saturday night. As the old koan goes, if no one shows up, does any one really care?
The distributors of artistic works also must be incentivized by the intellectual property laws to continuing their distributing. And by "distributors" we mean record companies -- large and small, corporate and independent. And by "incentivized," we mean "earn a profit." (The old response at this point would be to wave one's hands and testify to the power of the "internet" to distribute music, but I trust we all see why it doesn't apply to the current debate on P2P networks.)
Of course, this is only part of the response to Yglesias's piece. A good bit of the rest involves questions of whether the creators of music -- the artistes -- also deserve to make a little more green. Yglesias breezes that "'Rock star' isn't exactly a really crappy profession that people would be unwilling to take on if you couldn't get rich doing it." Sure, "getting rich" probably ain't the goal of most full-time rock star "professionals." More like "surviving."
UPDATE: So we're clear: Yglesias's discussion of whether the net amount of available music has increased is fundamentally misplaced. Copyright does not make music "available"; it allows the producers of music (and other creative works) to earn a living off their creativity. In other words, it lets them make money.
So, it's probably true the availability of music has increased.* Every little local band is now readily available; what used to require pouring over little rags and sending SASEs to far off places now can be done with a Google search. But that's irrelevant if those bands (and their distributors) are not also making money off their music.
*I don't think it's right to say the number of producers have increased -- at least, Yglesias hasn't presented evidence to support such a claim.
Recent Comments