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Does Copyright stifle or strangle innovation with its laws?

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Copyright is good in practice, but Record Companies use it to get money, not help the artist. Whereas the bands or singers rarely often earn a lot of the capital. One thing you could say is that people who break copyright are unprofessional or thieves? Then explain how so many bands are using anything but CDs to release their music. I talked to a musician friend recently, and he said for music to innovate copyright needs to die.

Copyright wasn't always around and in fact people managed fine with it.

To play Devil Advocate, I am a writer and if I had any of my work plagiarized and published it would hurt a lot to consider someone had stolen my work. So really it could be said copyright is good here, as it would help me prove my writing was my own.

So really thoughts?
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The locals scream and shout a bit,
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yet still they don’t respect us.

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User avatar
Rulke
Member for 1 years



Record companies giving artists a disproportionate amount of money for their work isn't really a part of copyright law. A musician's work is copyrighted by them creating an original piece, not by being signed to a record company. However, it is often true that to get any sort of 'fame' musicians need to be signed. This is because such thinfs as advertising are very expensive, and record companies have the financial clout to help artists gain the recognition needed to increase their fan base to a size that makes music a viable career. Knowing this, record companies 'get away' with offering crappy contracts because artists don't have another choice if they're serious about what they do.

What copyright does do is protect those people who create original material from having their work stolen. Be it a song, a novel, a computer program, copyright laws ensure that the original creator continues to take the credit for their work. This does not always mean they get paid for their work. For example, open source software is covered by copyright but is often free. The GPL dictates that, while software can be redistributed and edited (for a fee, if you so choose), credit must still be given to all who contributed to its creation.

Problems arise when governments start introducing laws, such as SOPA, in the name of copyright that actually affect a broader area. Such ideas as 'fair usage' mean that copyrighted material can be used for things like YouTube videos without needing to apply for usage licences and the like. This limits the rigidity of copyright laws to an extent, as you only need to credit the original creator to use their work, and actually helps create innovation.

So, to answer your question... Does Copyright stifle or strangle innovation with its laws? It does neither. It protects those who innovate, and through specific aspects of its laws enables certain levels of creativity and innovation. I don't really need to mention things like SOPA to answer the question, as that isn't really copyright law, it's more about policing copyright infringement.

And in regards to your comment that copyright laws weren't always around, that might well be true, but nowadays it's so much easier to take someone's work and claim it as your own, or provide it free of charge, than it was in, say, the 18th or 19th century when music was only played live and to recreate it you'd need a full orchestra. Or, when the printing press was first developed and it cost a fortune to print books.
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Lord Saladin
Member for 6 years


I am not too keen on copyright laws and so I guess I'll answer on a more moral ground. I have seen many instances where copyright was just taken too far such as with Jay-Z's Gray Album where he used music from The Beatles and his own lyrics. While even Paul McCartney himself said that he liked the Gray Album and did not feel that it violated any sort of copyright, the company that owned rights to the music ended up trying to sue for it. I mean, if the original artist has no problem with his/her work being used then I do not feel that anybody else has the right to say anything.

However, my ignorance of the law really comes in to play in a situation like this as I understand that The Beatles most likely sold the rights to their music to this company and so the company might have felt like they were losing money on a project that Jay-Z may have been making money on (though I do believe that he offered the Gray Album for free and was thus not making money on it but again I am not entirely sure).

In the end, though my moral philosophy on copyright laws are, "So long as you are not making any money, profit, or even recognition off of another artist's work without the explicit permission of that artist then you are not committing a crime." Now when I say 'recognition' I mean fame and entitlement and not just the broad definition of the word. I have heard, though that some artists, such as Anne Rice is so against people using her work that she has even pressed charges against some sites for allowing fan fiction of her work to be published even though these people were not earning money by posting it.

Whatever happened to imitation being the greatest form of flattery? It is not like these people are trying to make money off of her ideas. They just want to express themselves through her work because they are fans and they respect what she has done as an artist (forgive my usage of the term artist but I use it to refer to musicians, authors, painters, etc.).

Another author who is very much against fan fiction is George R. R. Martin but I have at least not heard of anything where he tried suing for plagiarism because of his work being used in fan fiction (I believe there is even an Ice and Fire RP here on RPG). According to Martin he says that he is against fan fiction because he believes that it is copyright infringement (once again I do not believe that so long as they are not trying to make some sort of profit off of it) and because he feels it is a bad exercise for aspiring writers (which I do agree with).
The way I see it, though is that not everyone who writes wants to do it for a living and would rather only do it for fun. For anyone who writes only for fun I do not see fan fiction hindering them in any way but only furthering their sense of fun. I, however hope to someday become a published writer and I do not like to participate in the fan fiction craze.

Well, that's it. Hope my answer suffices. :)
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DestroytheOrcs
Member for 1 years


I'm a fan of copyright of purely artificial things so long as it isn't taken too far (ie. suing little girls for singing along to Kate Perry on Youtube). Copyright in the biological realm, however, has been an unmitigated disaster. There are two examples that come to mind which illustrate this. One is of Monsanto's genetically engineered corn. Since corn is wind pollinated the GMO pollen can fertilize nonGMO crops just by being blown into a neighboring field. Monsanto can then sue that farmer, and has, for selling their copyrighted genes. Then there was the guy in Australia who decided to patent a section of human junk DNA (yes he owns part of YOUR DNA). Fortunately, nature took care of him. He got a mutation in that very same section of junk DNA and died of cancer. Just goes to show: never tempt God's sense of irony. Unfortunately we can not rely on divine humor to remedy every douche who takes it upon themselves to patent the work of evolution (or God, take your pick), therefore, copyright within the biological realm is in need of major reform.
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Scumbag_Brain
Member for 1 years



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