[LAU] ASCAP Assails Free-Culture, Digital-Rights Groups

[drew Roberts]

On Wednesday 30 June 2010 11:41:25 Paul Davis wrote:
> On Wed, Jun 30, 2010 at 11:21 AM, drew Roberts <zotz at 100jamz.com> wrote:
> > On Wednesday 30 June 2010 10:14:27 Paul Davis wrote:
> >> as i see it, the same argument applies to artists and other people who
> >> spend time creating expressions of ideas. the big question is whether
> >> or not society agrees that it is desirable for such work to be able to
> >> be the basis of a way of making living. if a musician/composer is
> >> going to make a living from their work, its important for them to
> >> retain control over people's ability to copy what they create.
> >
> > Or to be paid up front, in full before releasing the first copy... Or to?
>
> this clearly works for artists with a reputation among sufficient
> patrons that makes this possible. its not a general model for artists
> with no reputation.

So perhaps they need to use this as a loss leader until they develop a 
sufficient reputation.
>
> >> if we
> >> want a society in which people can do this sort of thing for a living,
> >> giving them this control (on reasonable terms)
> >
> > This is currently the big rub. The terms today are not reasonable. Far
> > from it. But supposedly these totally over the top terms are still not
> > good enough to ensure that the artists can survive.
>
> i don't think that anyone in this thread has suggested this. i think
> most people on this list probably agree that many of the ways that
> large corporations have succeeded in getting copyright law changed
> have created an "unreasonable" situation with respect to copyright.

The problem is not just are we suggesting this. It is being done. Under our 
noses. Are we fighting against it?

> however, a separate problem remains that even if one were to stipulate
> terms that most people might agree are wholly reasonable, its hard to
> see how to enforce these terms at this point in time.

And there is the rub on that side of things. But I have maintained for years 
in other areas that we should not have laws on the books that we do not 
intend to (or can't) enforce fairly and regularly. Otherwise, we breed 
contempt for law in general.

Are we to get to the point were we pass a death sentence on those who 
illegally copy music? Will that put enough fear into the people to get them 
to stop?

> this cultural 
> change makes it much more difficult to use control over expressions of
> one's own ideas as a means of making a living.

So, for a brief point in time, things came together to allow this. That time 
wasn't here long and seems to be passing. Rather than ruining society in 
general we need to look forward and try to find ways for those who want to 
earn a living with their art to be able to do so if they possess the 
necessary skills, temperament, etc. to do so. And that art gets produced in 
any case.

I am convinced that people will pay for art to be produced and to "hang out" 
with artists in one form or another.

all the best,

drew