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observationist 2 days ago

Well, no, not really - there's no "they" in general. Copyright law is constructed by design for large institutions, lobbying, case law, and attendant legislation allow it to be abused by data hoarders. It was never built to protect individual creators or authors or artists, despite the PR campaigns and marketing for it.

There are just companies big enough to ignore those institutions for which copyright law was created, like Google, etc, and the fair use exceptions Google carved out empowered AI companies to make similar moves. To an extent.

What's hurting artists and smaller companies and various licensing schemes intended to push back is the fundamental structure of the laws.

All copyrights need to be nuked and replaced. If we want to support individuals and maximize protections of individuals, and we want to disincentivize data hoarders that do nothing but recycle old content and IP in perpetual rent-seeking schemes, we should implement a 5 year copyright system.

The first 5 years, you get total copyright, any commercial use has to be licensed explicitly, fair use remains largely as it is now. From year 6-10, fair use gets extended - you have to credit the creator, pay a 15% royalty direct to the creator, but otherwise you can use it for anything. Year 10-20, you must credit the creator, but otherwise the media is in the public domain.

We should be pushing for and incentivizing creative use of data, empowering as many people as possible to use it and riff on it and make the culture vibrant and active and free from centralizing, manipulative actors.

99% of commercial profits come from the first 5 years after any piece of media gets published - book, music, film, artwork, etc. Copyright should protect that, but after that 5 years, things open up so the price you pay in order to participate in the marketplace which the US fosters is that your content thereafter becomes available for use by anyone, and they have to pay a fair markup for the use. You don't get to deny anyone the use of the media. You'll get credited, paid, and then after 10 years, it's public domain + mandatory credits, kinda like an MIT license style. After 20 years, it's fully public domain.

Throw in things like "if you're not paid the royalty, you can sue for up to half of the total revenues generated by the offending work" or something appropriately scaled to prohibit casual abuses, but not totally explode someone's life over honest mistakes, and scale between the two extremes accordingly.

Things like Sony and Disney and Hollywood studios are evil. They're effectively data cartels and hoarders, rarely producing anything, gatekeeping access and socializing, imposing obscene contracts on naive artists and creators, exploiting everything and everyone they touch without returning concurrent value to society. They don't deserve consideration or protection under a sane copyright system, especially in a world with gigabit internet everywhere. Screw the MAFIAA and all the people responsible for things ending up like they have.

Until then, pirate everything. If you feel an ethical obligation to pay, then do the research and send some crypto or a $20 bill in the mail to the author or creator. All sorts of people have crypto wallets, these days.

tzs 2 days ago | parent | next [-]

> 99% of commercial profits come from the first 5 years after any piece of media gets published - book, music, film, artwork, etc.

Many songs make far more profits when they are featured in popular movies or TV shows decades or more after their first publication than they do in their first 5 years.

It is also not uncommon for songs released before a future big star becomes a big star to make much money (or even lose money), but when they become big people their early work sells.

RiverCrochet 16 hours ago | parent | next [-]

> Many songs make far more profits when they are featured in popular movies or TV shows decades or more after their first publication than they do in their first 5 years.

Pop culture has to contend with two things that strongly work against its broad memetic power: social media bubbles, and the ease at which someone can scroll or flick up and not give even 1 full second of attention to something they are not immediately in the mood for.

Social media companies make billions per year, they aren't going anywhere. So nothing's going to change any time soon.

So this means trends don't stick the way they used to. The 10 or 20 year pop-culture nostalgia cycle isn't going to be a thing in the next generation.

lstodd 2 days ago | parent | prev | next [-]

I think the point is that copyright should not be exclusively about publisher's profits from big stars.

watwut a day ago | parent | prev [-]

> Many songs make far more profits when they are featured in popular movies or TV shows decades or more after their first publication than they do in their first 5 years.

Oh common. There are few songs like that. Not nearly "many". You are talking about super small subset of songs and humans profiting from these ... and the profiting humans are not even necessary the artists who created these.

patrick451 a day ago | parent | prev [-]

If I create something, I should get to dictate how it is used not just until I die but for eternity.

account42 a day ago | parent | next [-]

Why? What do the rest of us get out of going along with your demand?

patrick451 6 hours ago | parent | next [-]

After you have owned a car for five years, can I come steal it?

freejazz a day ago | parent | prev [-]

The thing, which would have not been created otherwise. Why pretend like you didn't know that?

account42 10 hours ago | parent | next [-]

We often only get the thing for a limited time period after it is lost forever because copyright has prevented the thing from being archived.

A lot of things that are copyrighted would have also been created anyway, often by multiple people, because there is an actual need for them to exist or an inherent human drive to create them. We have been creating things, both with practical applications or as art, long before we had copyright. And with the ability to effortlessly copy works at effectively no cost we do (or would) have an ever increasing library of them which reduces the need to encourage even more creation than what would happen anyway, especially when the cost of that encouragement is not only excessive but ends up impeding many creative endeavors.

freejazz 4 hours ago | parent [-]

>We often only get the thing for a limited time period after it is lost forever because copyright has prevented the thing from being archived.

That's not inherent to copyright, though copyright does grant the author the power to control distribution of its work. Nevertheless, it all eventually becomes public domain.

>A lot of things that are copyrighted would have also been created anyway, often by multiple people, because there is an actual need for them to exist or an inherent human drive to create them.

Such as?

> And with the ability to effortlessly copy works at effectively no cost we do (or would) have an ever increasing library of them which reduces the need to encourage even more creation than what would happen anyway, especially when the cost of that encouragement is not only excessive but ends up impeding many creative endeavors

That's a lot of words but nothing actual. Do you think you'd see David Lynch movies if there was no copyright? What do you think the world today would be like if there was no copyright? Some sort of magical world where authors create for free, without any regard for the finances required to do so? It's a bit ridiculous.

RiverCrochet 16 hours ago | parent | prev [-]

> which would have not been created otherwise

Claim not supported. You haven't established that absolutely no one else could create the thing. People create things all the time under such liberal conditions as public domain, so having dictatorial power over a thing is not a necessary condition to create it.

freejazz 4 hours ago | parent [-]

Your claim isn't supported either.

> People create things all the time under such liberal conditions as public domain

And people are free to, even under the duress of copyright. What's the problem there?

What was the last movie you saw?

salawat a day ago | parent | prev [-]

Don't have kids. For their sake.