Comment by gwd

Comment by gwd a day ago

> IP law was originally to protect artist and authors from the wealthy, but now it seems to have the opposite intent.

I like Cory Doctorow's analogy: Artists are, to a large degree, at the mercy of big companies (publishers, music labels, etc), who have the leverage to force artists to sign over all of their rights. Giving artists more rights is like giving your kid more lunch money when it's being stolen by a bully: no matter how much money you give your kid in that situation it's not going to give him any lunch.

csallen 19 hours ago

What's interesting is that this is true of all creators, not just artists.

Making money means running a business, and running a business requires more than just creating something. You also have to identify a good market for that creation, and find a way to distribute to them, and provide a viable model for them to pay for it, and (the hardest part) out-compete all the other businesses who are doing the same.

This is true for cooks. It's not good enough to create a meal. You have to also scope out the local market, find a good location, build a restaurant or a stand, attract customers, and sell your meals. And if you aren't willing to do that, then you either need to accept cooking for free, or going to work for a restaurant who's going to do all those hard parts and take the bulk of the profits.

This is true for computer programmers. It's not good enough to write a program. You also have to build a business, find customers, attract them through ads or marketing or viral growth, collect credit carts, and sell your product. And if you aren't willing to do that, then you either need to accept coding things that make no money, or go to work for corporation or startup who will pay you a salary while collecting bigger profits.

Etc.

For some reason artists are the only group that makes a big stink about this situation, and feels that they should get the benefits of running a business without doing the work or taking the risk of running a business.

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kmeisthax 15 hours ago

Artists are not the only ones who make a stink about this; it's inherent to the capitalist mode of production. Everyone involved in a venture is risking something, but the law only rewards specific kinds of risk with equity ownership over the venture. Other kinds of risk are solely rewarded with monetary wages at sub-profit margins. That's why labor unions exist, and why the nation's elites work tirelessly to stop them.
But with artists, there's a particular extra wrinkle, in that the law created a middle tier of reward specifically for the efforts of creative workers. Copyright was specifically intended to allow authors to have their own business ventures without necessarily having to share in the same risks that equity owners do. So, naturally, those equity owners all colluded with one another to steal this other form of equity and wear it as a second shell.

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- csallen 15 hours ago
  
  > the law only rewards specific kinds of risk with equity ownership over the venture
  I would argue that it's not solely the law rewarding that kind of risk, it's the market. There is no law that says that only equity owners can enjoy massive profits. Some employees get paid 7 figures, 8 figures, or more, even without equity.
  Generally speaking, the rewards go to the hardest parts, the riskiest parts, the parts with the least supply and the most demand.
  You are taking far more risk by being a business creator and blazing a new trail, than you are by studying a fixed set of knowledge and techniques to train to become a Front End Software Engineer or some other kind of well-defined high-demand pre-defined role. And the evidence for this is the fact that there are millions of people who've shaped themselves into that safer mould, and very few who have done the former.
  And this doesn't just apply to owners vs employees, it applies within each group, too. There are far more restauranteurs than search engine founders, as the former is simply a less risk and less competitive endeavor. (Competing with your local market vs competing with the world.) And artists who create unique works tend to earn a lot more than copycats. Artists who master rare skills tend to earn a lot more than people generating stuff off Midjourney. Etc. Risk tends to go hand-in-hand with reward.
  Of course there are exceptions, e.g. rent-seeking, sabotage, monopoly, collusion, etc. that can earn you a lot without you providing a lot of value or taking a lot of risk. And a huge role of the law is to make as much of this illegal as possible, to force people into more value-creating activities by process of elimination.
  
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