|
copyright laws was to protect a creator or artist for a certain amount of time so that they would have the right to profit and also have incentive? The limits on the length of the copyright was to assure that, eventually, (unlike Mickey Mouse) the works would eventually contribute to the commons thereby, enrich it, free of charge.
Then, in comes large corporations that form an industry which profits, (more-so than most artists) also from said works. Along with the term, "intellectual property" we also have the emergence of the digital age, which changes the perception and the stakes involved. The Record Industry was notorious for charging back on newly signed artists who didn't reach a certain number of sales. So, the companies made money and forced the bands to pay-back their signing fee. Only big artists managed to breakout of that Ponzi scheme and some used their wealth to produce themselves independently.
My only contention is that there is that we can still continue to abide by what is a differentiation between a tort and an actual crime. The industries involved, are, IMHO trying to blur this distinction. Companies and artists, (though companies can usually end-up owning the artist's rights to successful works, royalties to them or no) have always had the right to file a civil suit against any infringement without the party being considered a criminal, per se.
We could also benefit from distinguishing between the use of other people's works by way of plagiarism and derivative works. This usually involves selling a new work that utilizes elements of someone else's and implies a profit motive.
Now, people tell me they want to make a common person a criminal for "xeroxing" any work only for their personal use? That's not pro artist to me, (some artists actually gain recognition and sales from "pirating") that's pro-corporate. The difference is that corporations, (like the predatory and profit-hungry RIAA) have the money and power and teams of lawyers on retainer, as well as extensive, propagandist PR firms to get what they think is rightfully theirs. That is not out of an altruistic motive to enrich or enhance the artists who are not on the upper tiers of their profit machine.
The RIAA has already shown that they can use their leverage, (and try to make an example) to sue little people for exorbitant amounts of money that those people have never seen in their lifetime, (and without any financial gain from the act) and make it stick. What more do you want to give them? Prison sentences?
The rhetoric has sunk-in, (maybe all those condescending advertisements) so much now that people will equate a copy with a thing and even consider arguing that a tort is a crime. That supports some heavy corporatist influence and not the artists, (that, like the use of children) who are being considered and exploited.
|