Ad Age Explains How Copyright Is The Buggy Whip Of The Digital Age

from the time-to-move-on dept

Michael Scott points us to a rather surprising (given the source) piece in Ad Age asking if copyright is "the buggy whip of the digital age." Of course, most regular Techdirt readers will not be surprised to find that I agree with that statement wholeheartedly. It's a tool for a very different system that isn't needed. If anything, I'd argue the situation is worse than with buggy whips. At least with buggy whips, they could just fade away as the automobile grew in importance. Buggy whips couldn't get in the way of the automakers. Copyright, on the other hand, is regularly used to stifle and hold back new forms of creativity and to silence expression.

The article itself, by Judy Shapiro, is really a conference report from an event called "The Collision of Ideas 2010," put on by the Copyright Clearance Center. It looks like they brought in a lot of fantastic speakers, highlighting how copyright law doesn't fit well with what content creators are trying to do, and how it's often being used to actively harm content creators. For example:

Mr. Hoffman, the filmmaker, gave a presentation where he confided how challenging current copyright laws are for artists. As an example, he gave us detailed insights into the challenges he had creating his critically acclaimed Sputnik documentary. He explained that half his budget was spent on copyright fees alone. Most unfairly, he had to pay exorbitant copyright fees to a network for old news footage they did not even have but which David himself had spent time to ferret out. David openly concluded that, "it was better to open the floodgates" and let anyone use his content than constrain its distribution.
Unfortunately, Shapiro is getting beaten up in the comments on that piece by folks who are doing the kneejerk thing of saying "but copyright is good, because otherwise who will create!" Still, it's good to see that this debate is reaching a wider and wider audience through conferences like this one and in the pages of AdAge. While you can always expect the kneejerk response from folks who have always been told that copyright must be good, the more people examine the actual issues, the more they'll recognize that as a tool, it's current design is woefully misguided and very much against the principles for which it was created.

43 Comments | Leave a Comment..


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  1.  

    UK network E4 makes Something "Amazinger"

    identicon
    Anonymous Coward, Mar 19th, 2010 @ 5:01am

    Indeed, many new ideas covered by patent, copyright and trademark should be regurgitated and seen as such:

    http://www.youtube.com/watch?v=JuA_5ApLD9U

    Could you imagine a product that someone made something amazinger could be sued?

    Silly world we live in.

    reply to this | link to this | view in thread ]

  2.  

    Indeed, many new ideas covered by patent, copyright and trademark should be regurgitated and seen as such: http://www.youtube.com/watch?v=JuA_5ApLD9U Could you imagine a product that someone made something amazinger could be sued? Silly world we live i

    identicon
    Anonymous Coward, Mar 19th, 2010 @ 5:06am

    Indeed, many new ideas covered by patent, copyright and trademark should be regurgitated and seen as such:

    http://www.youtube.com/watch?v=JuA_5ApLD9U

    Could you imagine a product that someone made something amazinger could be sued?

    Silly world we live in.

    reply to this | link to this | view in thread ]

  3.  

    seriously use canada

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    NAMELESS.ONE, Mar 19th, 2010 @ 5:10am

    as a test bed OPEN copyright to this small tiny nation lesson the terms ...lets do an experiment
    make copyrights 30 years even


    i know an idea id love to try but cant afford the fees
    what you bet i could make money from an idea OR at best lesson the tax burden tha people are payng fo rme to live on disability

    YOU do this and more disabled and poor will create wealth all on there own

    stay greedy america cause this WILL NOT WORK. OBAMAWOOD is great at speeches and propaganda. WHAT he fails at is the reality hes inherited the BUSH train wreck created by the worlds most greedy two term president in world history.

    and how about that stat trek in the prekining
    wasnt bad and i know i could do a hell of a lot better if i had ability too , ALL by myself with maybe 3 people or 4
    and a tiny mask budget and makeup and i mean TINY.

    THIS is who will create and we'll get better at it.
    AND i dont need 20 million per actor either
    i dont require unions
    i dont require stunt men

    reply to this | link to this | view in thread ]

  4.  
    icon
    Planespotter (profile), Mar 19th, 2010 @ 5:23am

    Why do people think that they have the god given right to be paid over and over again for the length of their lives + 70 years? Jeez I wish I got paid for the PC I fixed last week everytime the lady used it.

    Yes people should be compensated fairly for their creative endeavours but as is sooooo apparent the current system is just not up to demands of the 21st Century.

    Hopefully as more and more attention is brought to this some change can be made to simplify the system and benefit both content creators and the end user.

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Mar 19th, 2010 @ 5:24am

    Judy Shapiro is senior VP at Paltalk and has held senior marketing positions at Comodo, Computer Associates, Lucent Technologies, AT&T and Bell Labs. Her blog, Trench Wars, provides insights on how to create business value on the internet.


    i dont think this is ad age saying this just a guest columnist.

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Mar 19th, 2010 @ 5:30am

    I hope someone changes the author of comment #1. The content is still pertinent to this conversation.

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Mar 19th, 2010 @ 5:42am

    Author? No, I meant the subject.

    reply to this | link to this | view in thread ]

  8.  

    Re:

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    Anonymous Coward, Mar 19th, 2010 @ 5:45am

    they only get paid if someone keeps using or buying. that use or purchase indicates that someone values it. should mcdonalds have stopped making money on big macs after the first million were sold?

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Anonymous Coward, Mar 19th, 2010 @ 5:50am

    This is a super weird conversation about Big Macs and Nameless.One and weirdness.

    Am I the only one here? I don't disagree with Mike, but it just seems there's other problems. I am really confused.

    reply to this | link to this | view in thread ]

  10.  

    Re: Re:

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    The Mighty Buzzard, Mar 19th, 2010 @ 6:07am

    Absolutely not, but the guy who designed the latest big mac wrapper isn't exactly deserving of a cut of every one sold either.

    reply to this | link to this | view in thread ]

  11.  

    Re: Re:

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    Planespotter (profile), Mar 19th, 2010 @ 6:18am

    Value? no not neccesarily, some copyright prohibits format shifting so they HAVE to buy it again, so now we have the same person paying for, in essence, the same product twice. They don't value it any more just they want to listen to it in a different way.

    reply to this | link to this | view in thread ]

  12.  

    format shifting

    identicon
    Anonymous Coward, Mar 19th, 2010 @ 6:31am

    that is one part of the law that really bugs me
    if i have it on vhs i might by it on dvd but only because of the special features, and other extras and even then if you think im buying it new from the studio you're insane
    $30??!
    hell no
    15 if that from a third party seller on amazon or something
    and if i have it on cassette ill spend $30 buy a usb tape drive and rip it.
    i will pay for value added content like all the extra stuff on a dvd besides the movie/ tv season
    but i will not pay for a new format
    if thats all im buying

    reply to this | link to this | view in thread ]

  13.  

    Tango Delta Company....Fall In!

    icon
    Dark Helmet (profile), Mar 19th, 2010 @ 6:47am

    "Unfortunately, Shapiro is getting beaten up in the comments on that piece by folks who are doing the kneejerk thing of saying "but copyright is good, because otherwise who will create!""

    What an beautifully subtle call to commenting arms :)

    Mike Masnick's army of hacker raporist grandma lickers to the rescue!

    Seriously, though, before I go join the front lines at that article's comments....can we call ourselves Tango Delta Company? That just sounds cool....

    reply to this | link to this | view in thread ]

  14.  

    Re: Tango Delta Company....Fall In!

    icon
    chris (profile), Mar 19th, 2010 @ 7:01am

    i vote for Whiskey Tango Foxtrot company.

    reply to this | link to this | view in thread ]

  15.  

    Re: Re: Tango Delta Company....Fall In!

    icon
    Dark Helmet (profile), Mar 19th, 2010 @ 7:08am

    Hmm, I was just going for a TD acronym...

    reply to this | link to this | view in thread ]

  16.  

    WTF

    icon
    Josef Anvil (profile), Mar 19th, 2010 @ 7:26am

    Copyrights are supposed to keep others from making money off the content creator. The laws were not written to keep people from sharing content for free.

    The more I hear arguments on this topic, the more it seems clear that its not so much the content creators that have a problem with file sharing or copyright laws, but rather the people who get paid from what the content creators create.

    I can't really blame them though. If I was getting paid for the work that someone else was doing, I would fight for that compensation too.

    reply to this | link to this | view in thread ]

  17.  

    loved this comment

    icon
    jupiter (profile), Mar 19th, 2010 @ 8:10am

    I always think it's funny when artists who depend on copyrights say "I deserve to get paid for my work, just like everyone else." Reality check: virtually no one who get paid for their work does so because they have exclusive monopoly power over the exploitation of their work product. "Getting paid like everyone else" means working for someone who gives you a salary or an hourly wage, and that's the end of it. Or it means selling something to someone who can do whatever they like with what is now their property, free and clear, and that's the end of it. When you license the use of something, you're not really selling it at all. It's more like renting it out, or leasing it on specific terms. You still retain full ownership and control, and can go on dictating exact parameters for use - including the obligation to pay royalties forever (or at least until your copyright expires, seventy years after you die). The only reason you can do this is because the law has granted you special powers. Specifically, you have been given a legal monopoly over the exploitation of your work. This is a rare and special power. Most people have nothing like it. Their work is done for hire, and once they've been paid, they have no further say. That's how 'everybody else' gets paid. Is this really what you - as an artist - want? More importantly, do you understand *why* certain types of work have been given this special protection? Do you realize that there's a social quid pro quo involved, and that - if certain conditions aren't met - then the privilege can be taken away? Do you even know what these conditions are? Or are you - like most artists - totally ignorant of the legal, cultural, and social grounding for your privilege? Indeed, do you have *any* idea how dangerously close the copyright protected industries are coming to abusing their own charter our of existence? What will you do then? Go back to getting paid 'just like everybody else'? Do you even know how?

    reply to this | link to this | view in thread ]

  18.  
    identicon
    Anonymous Coward, Mar 19th, 2010 @ 8:46am

    Some artists don't need copyright to create. Some artists place their work in the public domain.

    The public domain is the rule and copyright is the exception.

    The length of copyright lasts way too long.

    reply to this | link to this | view in thread ]

  19.  

    i have to laugh

    icon
    mike allen (profile), Mar 19th, 2010 @ 8:56am

    Copyright is bad not good Artists would have more incentive to create without it they only have to do a couple of good songs and sit back and watch the money roll in if they did not have that they would have to keep on creating. or perhaps im preaching to the choir.

    reply to this | link to this | view in thread ]

  20.  
    icon
    freeHat (profile), Mar 19th, 2010 @ 9:15am

    A producer complaining about production costs - shocking!

    I'm assuming this footage he wanted to use for his Sputnick piece cost money to produce. And we're talking old school production with real film and a real crew with real costs, not youtube pinheads tossing ping-pong balls around.

    It sounds like he's simply a scrounger wanting to make money off of other people's efforts.

    reply to this | link to this | view in thread ]

  21.  

    Re:

    icon
    The Infamous Joe (profile), Mar 19th, 2010 @ 9:54am

    If you want money, work.

    If you want more money, do more work.

    If you don't do more work, you don't get more money.

    Reusing old footage requires no work from *anyone* involved in said footage, yet they deserve more money?

    Logic fail.

    reply to this | link to this | view in thread ]

  22.  

    Re:

    identicon
    Anonymous Coward, Mar 19th, 2010 @ 10:02am

    If copyright lasted a reasonable amount of time then that footage from 50 years ago would be in the public domain.

    Some of the footage was taken from YouTube but he made the mistake of trying to track down the original rights holders who didn't even know that the footage was theirs until he told them it might be. They consulted their lawyers and what do you know, that will be $10,000 licensing fee for our old black and white footage about the space race back in the 1950s.

    reply to this | link to this | view in thread ]

  23.  

    Re:

    identicon
    Anonymous Coward, Mar 19th, 2010 @ 10:06am

    The raw material for new culture is, in fact, old culture. True story.

    reply to this | link to this | view in thread ]

  24.  

    Re: Re:

    identicon
    Anonymous Coward, Mar 19th, 2010 @ 10:23am

    Your analogy is garbage - Big Macs require resources to make repeatedly; copyrighted works don't.

    Stop talking.

    reply to this | link to this | view in thread ]

  25.  

    Re: seriously use canada

    icon
    Richard (profile), Mar 19th, 2010 @ 2:34pm

    Rather than a place (canada) why not a time?

    Why not have a copyright moratorium week?
    (Maybe even day at first)

    Let's have a week every year where anything published or broadcast goes straight into the public domain.

    We'd soon find out if the claims of the copyright advocates about needing copyright to encourage creativity are really true.

    reply to this | link to this | view in thread ]

  26.  

    I know who WON'T create...

    icon
    CommonSense (profile), Mar 19th, 2010 @ 4:45pm

    ...with the current copyright situation, but who otherwise might:

    "He explained that half his budget was spent on copyright fees alone. Most unfairly, he had to pay exorbitant copyright fees to a network for old news footage they did not even have but which David himself had spent time to ferret out."

    Anyone who can't afford or is to lazy to go through that much hassle. I can't understand how, with a direct quote from a mouth of experience, people can still claim that no one would create without copyright. There would likely be more, and it would likely be better, without.

    reply to this | link to this | view in thread ]

  27.  

    Re:

    identicon
    Anonymous Coward, Mar 19th, 2010 @ 5:35pm

    Hint: Every business ever makes money off of other people's efforts.

    reply to this | link to this | view in thread ]

  28.  
    identicon
    John, Mar 19th, 2010 @ 6:35pm

    As an publisher I have had enough with people stealing my content! Those places called "public libraries" are nothing but piracy centers! People read the entire book for free and I get no money at all! People that go into a bookstore and read more than one page are stealing. It is plain and simple. If you want to read more than one page of my book then the rate is $1.00 a page. My calculations show that I have lost $50 trillion in income. We publishers need to lobby congress and provide more laws that restrict what people can do with a copyright holders content.

    My suggestions:
    1) Shutdown public libraries.
    2) Shutdown used book stores.
    3) People should pay $1.00 per page for any book they read in a bookstore.
    4) Outlaw lending a book to someone else.
    5) Shutdown the entire Internet since the Internet is nothing but piracy.

    reply to this | link to this | view in thread ]

  29.  

    Re:

    icon
    mike allen (profile), Mar 20th, 2010 @ 3:26am

    i hope you got your sarcasim hat on if not then you are obviously a **AA troll

    reply to this | link to this | view in thread ]

  30.  

    Re: Re:

    identicon
    Anonymous Coward, Mar 20th, 2010 @ 1:30pm

    Please leave the internets immediately.

    reply to this | link to this | view in thread ]

  31.  

    Re: Re:

    icon
    Dementia (profile), Mar 20th, 2010 @ 1:30pm

    On the physical good they were selling? Yes. On the concept of the Big Mac? Well, that is certainly debatable.

    reply to this | link to this | view in thread ]

  32.  
    icon
    aniann (profile), Aug 3rd, 2010 @ 5:43am

    Last month, at a panel in Silicon Valley on the future of journalism, one of the topics of discussion was whether or not tablet computing would be the "savior" of news, with most of the focus being on a recent video put together by Sports Illustrated of what a specialized tablet version of the magazine might look like. More recently, Wired Magazine demonstrated a working prototype of a tabletized version of the magazine. Both of these demos are certainly impressive -- but I'll say the same thing that I said about the SI demo on that panel discussion: why is the focus on the hardware? Nothing in either demo really requires a tablet. If this format is so compelling, why aren't these publications already offering it for use on regular computers? Certainly, the ability to use touchscreen controls is nice, but you could easily replicate the basics with a mouse. If the overall format is so compelling, then what does it have to do with a tablet/iPad, specifically? Now, perhaps Wired does intend for this to be useful on other platforms, as its version is just an Adobe AIR app, and so it could function just fine on a desktop/laptop, but again, the video seems to keep focusing on the tablet as if that's necessary. Yes, Promotional Merchandise perhaps the form factor of a tablet computer makes this experience more enjoyable, but I think it's important in judging whether or not these apps actually make sense to separate the hardware from the software, to see if either makes sense without the other, or if they really are joined at the hip.

    reply to this | link to this | view in thread ]

  33.  
    identicon
    fotboll is fun!, Sep 18th, 2010 @ 4:33am

    In fact copy-right is a good thing...well, for those who make huge benefits out of it!!! But I do agree that it only puts huge expenditures on the artists as they have to pay for that issue...
    It depends which point of view you are looking at it!

    reply to this | link to this | view in thread ]

  34.  
    identicon
    SUBIN SEBASTIAN, Oct 2nd, 2010 @ 1:56am

    COPY- RIGHT IS THE ONLY THING THAT UNPROTECTED LOW IN THE WORLD.WE HAVE TO PROTTECT OUR LOW AND OUR RIGHTS, IF IT IS NOT POSSIBLE ,WE CAN'T MAKE ANY PRODUCTS.

    reply to this | link to this | view in thread ]

  35.  
    identicon
    theft of girlfriend, Oct 7th, 2010 @ 11:05pm

    Copyright is bad not good Artists would have more incentive to create without it they only have to do a couple of good songs and sit back and watch the money roll in if they did not have that they would have to keep on creating. or perhaps im preaching to the choir......thats aalllll..........

    reply to this | link to this | view in thread ]

  36.  
    identicon
    anthonys peso, Oct 20th, 2010 @ 6:59am

    t seems weird to hear how much time is spent on legal matters (unless of course you are a lawyer!) No one is debating that if your content gets used - you should get paid.
    The question is how to do it without making everyone go through technical hoops. Copyright was good in its day -- but it does not mean that's the only way to do it.

    reply to this | link to this | view in thread ]

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    When need peace of mind through the shareing of our thought, we can use the site.

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  39.  

    copy right

    identicon
    Rajan, Dec 15th, 2010 @ 8:45pm

    The era of digital publishing is really different from the period of print media. The digital world really has opened up the ;Global Village' idea. For achieving this great idea some personal compromises are necessary. The idea of copy riht will invite unwanted legal problems which cannot be tackled by all class of people.

    reply to this | link to this | view in thread ]

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