I want to elaborate just a little bit on what I partially wrote about in my previous entry. All of that I wrote in finnish because I was mostly referring to the copyright law of Finland, and therefore didn’t want to spread any of my claims outside of those who should be aware of the substance in question. I will now talk about one of the issues I raised yesterday, but in a more abstractive manner.
So… There seems to be a confusion, I think, about the the fundamental justification about the copyright system and the way these fundamental ideas are actually executed through law.
First of all, before we can choose what and how we wish to regulate, an important thing must be made clear. That is, WHY we wish to regulate. It’s been said for a long time that copyright law – along with all other intellectual property law – exists for the means of spurring innovation. The basic idea here would be the idea of a man not willing to think creatively unless there was a promise of exclusive right to the invention or the creation born through that process of thinking. The idea also seems to suggest that all innovations would evolve from something completly abstract that didn’t exist at all before its creation. In abstract this logic may sound proper and good enough to be applicable in the real life.
But reality seems to suggest an opposition. Not only is creation out of the blue incredibly difficult, but I would be willing to claim that most, if not all, innovations evolve from the inspirations we pick up from our very own surroundings. Most ideas don’t come to us fresh and new, but they are more likely only fresh combination of already existing objects. And if we’re looking to spur innovation, then granting exclusive monopoly-ish rights is by far not the best solution. Instead, sharing would be the key factor. And this is how the open source community works for example. The more fresh information we have in our hands, the more we actually possess the tools and material for being creative ourselves. We spur innovation by exchanging ideas, not by blocking them from each other. The more free information is, the more we are able to make out of it.
Then again, I’m willing to admit that the spurring of innovations as the fundamental ground rule of intellectual property law is utterly false. I am making copyright law an example only because my knowledge on that is by far larger than on any other intellectual propery law, for now at least.
Copyright law generally grants that exclusive right to the author, the creator of the work. This is the noble idea of the abstract law. But most of the copyright laws in the entire world have been codified for the needs of commercial world and for the means of business making companies. This shows as a fact when one looks at how the revenues of record sales (for example) are divided with the rights holding company and the original author of the work who later gave those rights away in a form of record contract. The abstract idea of rewarding the author is truly not important. Instead, the exclusive rights serve the means of business and those companies in that field. Copyrighted content becomes a form of capital just as any other property. It’s a way of securing business by securing investments. At this point we have come rather far from the idea of spurring innovation. Those who innovate – ie. authors in this case – gain very little of the total revenue of the “innovation” in question produces. The business making company does not innovate but invests in making money off those creations that are supposedly encouraged.
On top of this we could also make note on the so called “backlists”. These are collections of works that are still under copyright but not being published or produced anymore. For a record company this would be a kind of silent capital that still possesses an expectiation value and therefore still has at least a potential value in market. Therefore the company wishes to hold the rights even if there’s no plan for taking advantage of them. The advantage is the competitive value of the work inside entertainment market.
Sadly enough, these backlists are blocks for an end user to access information. Even if he or she would be willing to pay a reasonable price for a book or a CD, the access won’t be granted, just becase the transaction costs would exceed the gains of the purchasement. And so that information in question is completely blocked from those who wish to access it.
Throughout the history copyright law has never truly been about spurring innovation and inspiring creative minds. Instead the entire system was created for the needs of those who wanted to make piles of money out of that imaginary property. If we truly wanted to encourage creation of new wonderful works, enabling sharing would definitely be a far better solution. Not for the business, but for the pure creative action. Overall we should really think those fundamental reasons that we are basing our regulation on. I’m not sure if you do, but I surely sense a hint of hypochrisy about the current system. We should either truly change the system towards a way which in fact does encourage innovation, or we should change our argumentation about why we the law stands where it does.