epershand: A stick figure watching the gap. (Watch the Gap)
So, I was just reading Karen Healey's post and Saundra Mitchell's post about the Sarah Reese Brennan fan twitter assholery.

Some jerk downloaded Brennan's book illegally and then had the gall TO TWEET TO HER telling her she'd done so. Man, what a jerk.

Good thing I've never done something like that. #OhWait #DoesItHelpIfIUsedTheHashtag #reluctantPirate

-------

I've never illegally downloaded a book that was still in print, although I do wish there was a way for me to buy digital copies of all the books I lurk after in used bookstores. I do, however, illegally download music and TV, and I tend to (a) be pretty upfront about it and (b) refer to it jocularly as "illegally downloading."

I am well aware that I am not every pirate, and that my story is neither unique or universal, but here are a few stories of mine.

----

I'll start this off my mentioning that I buy a large amount of TV and music. Wow do I. Wow is the iTunes Music Store bad for my wallet (fortunately I budget for it, because I know how much music I like to buy). Seriously, if I hear a random song that I like somewhere, I will go to the iTMS and buy the entire album. And then maybe another album by that artist.

But I don't always know what I want to buy, and that's a challenge. So also I download music. For the most part, this is on a pretty small scale--fanmixes are the major way I hear about new, completely random music these days.

Worse than downloading, I also UPLOAD fanmixes. I am a DISTRIBUTOR of music that is not mine to distribute.

----

A few years ago I used to be a part of this music site. There was this teenage girl who would just post multiple albums a week, and pretty much whatever she posted, I'd download from her. In return for all the free music, people like me would send her cartons of cigarettes, which she couldn't buy legally because she was underage. How skeezy does that sound? Skeezy, right?

The vast majority of the bands whose music I got from there didn't make one red cent off of the fact that I downloaded their albums. The ones I found there and liked, though?

I buy their albums. I go see them in concert. I promote them to my friends and talk them into buying their albums. I put a song of theirs on a fanmix, letting at least a few hundred people at a time know how awesome they are (while simultaneously perpetuating the cycle of extra-legal music distribution).

To be fair, I am one out of thousands of people who used to follow this girl before she got shut down. I have no idea how many of her other regular followers wound up purchasing music as a result. I have no idea how many people who download my fanmixes purchase music by any of the artists as a result.

But of all the albums I downloaded for free from that site, how many would I have purchased without it? Exactly zero. I wouldn't even have known who the artists were.

I was really sad when that site went down. It was a major blow to my ability to acquire new hipster cred, let me tell you.

----

Another thing. Broadway music. I like Broadway music a lot. I don't see a lot of stage productions, because I'm not in New York, but I do buy cast albums. Also, I'm a singer, so I buy sheet music.

So, Christmas of '09 my sister gave me a USB drive with The Last Five Years on it. She hadn't purchased it, she'd gotten a copy from a friend who had purchased it. At least I think he purchased it? And man, was that an incredible musical. It ripped open my chest and dragged my heart out kicking and screaming.

And it made me love the composer, and it made me hate the fucking composer, because how dare he write what he wrote in that fucking musical. Except I kinda sorta loved him. Resentfully. Fucker.

(My level of emotion about that fucking man and his fucking music is such that I cannot even have internal dialogs about him without them becoming profanity-laden. More profanity-laden than usual, I mean.)

So, I wanted to subsidize Brown in at least SOME way for all the torment and heartbreak and anger he'd given me. And I wanted to be able to sing some of his music. So I bought the sheet music for the musical.

A few months later Jason Fucking Robert Fucking Brown got into a well-publicized fight with a teenager over distributing digital copies of his sheet music.

In which he was very self-righteous about his rights to earn money every time someone sang one of his songs. In which he made similar arguments to the ones Healey and Mitchell and Brennan made last week. But mostly?

In which he looked like a gigantic fucking asshole.

(Pro-tip: if your goal is to make you, the famous rich middle-aged white guy, the hero and your interlocutor, the teenage starving artist, the villain, please make at least an attempt to get her name right. Or at least refrain from mocking her for correcting you.)

Last week, I was looking for pieces to audition for my chorus's upcoming anti-Valentines cabaret, and I went to the library and checked out Songs For a New World.

"Fuck you, Jason Robert Brown," I thought. "I'm not buying any more of your fucking sheet music. I'm getting it from the motherfucking library, so there."

But then I auditioned a piece from The Last Five Years anyway. Fucker.

----

Anyway, what all this is meant to say is, a sea change has happened in the way people are producing and consuming media, and with the way they're interacting with the traditional gatekeepers of the media world. I realize that the old way things worked afforded you a living and that the new way doesn't. But the new way is here, and it's here to stay, and I don't want to be an asshole, but every time I hear someone shouting about how we should just go back to the old way? My main emotion is pity, not sympathy.

Like it or not, the way that you, author, interact with your intellectual property and the people who are consuming it is going to have a very strong impact on my willingness to consume it.

Cory Doctorow's fiction bores me to tears, but I keep valiantly talking myself into reading his books because I like his politics. Despite the way I feel about his works, I'm going to try very hard never again to send a cent in the direction of Jason Robert Brown.

And, to be fair to those of us on the consumption side of the line, things are confusing out there. I've been at concerts given by artists who say "Please don't buy my CD. Please download it illegally, I am trying to get away from my recording company." (I think we all know who that was.) Cory Doctorow is telling us that he makes more money by virtue of giving his work away for free. We've read Courtney Love on recording contracts. We've read Wil Wheaton on self-publishing.

I don't know what the next world of publishing looks like, but I can tell you this. Yelling at people like lucyham isn't going to get you there, and it's not going to keep you where you are either.

And I can also tell you this: when you say that the figures of people who downloaded your book would have put you on the NY Times bestseller list if they'd been sales, I've got to call bullshit. First of all, the vast majority of the people who downloaded your book were not people who would have bought it if it hadn't been online. They are people who wouldn't have known that your book existed. Second, you should probably take a look at the illegal download figures for the books that ARE on the NY Times bestseller list before you start making that sort of claim.

Maybe I'm just another one of the self-justifying piracy advocates who just wants everything for free, but I don't THINK I am. Because I value you strongly, author. I value the work you do, I live and breath it. I also value musicians, and the work that they do. And I value publishing houses, and the way they guide me to find good books. (I particularly value publishing houses like Baen, whose policy of handing out large number of free e-books, and whose high quality writers, have pretty much ensured that I'm going to buy my third copy of Cryoburn when it comes out in paperback.)

When I say that the old business model has failed and you need to find a new one, it's not because I don't respect the living the old one gave you. I liked that business model too, in a lot of ways--it gave me a regular supply of books that have been professionally copyrighted and marketed, with rather nice cover art, and let me line the walls of my house with them.

But, and I am only telling you this because I love you and what you do, you need to find a new way to make an income on your writing. Because I love you, author of printed books. But I also love the authors of my favorite webcomics. They give me their work for free, and let me read it when I feel like it without going to a bookstore first. And I subsidize them by buying merch and the occasional printed edition. I love my favorite radio personalities, so I give money during every This American Life fundraising drive and buy all the audiobooks by them that I can.

The way I find new authors to read, and new artists to support? Is almost entirely through the internet, and the things I can get from it for free. From authors blogs, from authors twitters, from recommendations on my friends' blogs and twitters.

This is pretty good for me, but in a lot of ways it sucks, it sucks MASSIVELY. Because, author, I really want you to be able to devote yourselves full-time to writing, and not have to take on the subsidiary tasks of being your own editor, publisher, marketer, social media guru in order to get an online following high enough you have sufficient True Fans to support you. OK Go's model is succeeding brilliantly, but I don't want to require that you be OK Go in order to succeed.

But I can't fix that, and neither can you.

ETA: This post is beginning to get a fair amount of attention, and I am on my way to work right now. I intend to respond to comments, but it's going to have to wait until this evening at the earliest. Thanks for your understanding!
epershand: An ampersand (Default)
I've been meaning to rebroadcast [personal profile] wild_irises' Is Copyright Broken?. I still am pretty sure I haven't actually had a conversation with her about it, although we have had at least one "have we had a conversation about that post" conversation.

The following is relatively unformed, especially since I'm in post-con mode (and should REALLY be asleep right now... I'm waking up in less than 6 hours). But I want to get it down before I forget.

The personal statement I wrote when I thought I was applying to law school was actually about my secret excitement about the brokenness of that system, and my desire to dive in and get my hands dirty fixing it. It feels like we're reaching a crisis point--the old system doesn't work any more, and various people are trying to construct new systems, none of which work entirely either. My leftover teenage Marxist wants the old way to collapse in glory leading to a triumphant revolution; the lawful neutral hacker* I've become wants to fiddle and tinker to make the old system run again. Now, even if I'd gone to law school I probably wouldn't have gotten to a place where I could hack the copyright system, and now that I'm looking at Information Science instead (even with a focus on intellectual property) it's much even likely, but this crisis point still excites me.

Actually, the more I think about the issue, the more I think that the best way to wriggle out of the copyright mess we're in is more laws like the DMCA. I'm weird in a lot of the circles I move in, in that I am pretty fond of the DMCA. It's interesting, the perspective that working for a content host provides on the issue. Granted, it is a problem that in many cases hosts assume their users to be guilty rather than innocent when they get served a DMCA notice. But the fact is, for every DMCA takedown notice a big host gets they get thousands more demands that don't go through the process, and DMCA provides them with a legal harbor to ignore those requests without fear of getting sued. A lot of discussions center around the fact that once a notice has been served, the alleged infringer has to file a counter-notice to get their content back up, which burden stops a lot of people from fighting, even if their content is fair use. But what is awesome about the DMCA is the initial burden it creates for the people making the infringement claims.

It's actually a pretty good trade-off in my opinion. It's a practical, flexible law that can actually be made to work for all three players--IP holders, IP users, and content hosts-- if applied correctly.

Applying it correctly, of course, is the major sticking point. (But then, even the most idealistic views of copyright freedom seem to have application problems, or my photography mailing list wouldn't have monthly centithreads about the total meaninglessness and unenforceability of the CC "noncommercial" definition.)

Right now, the advantage is in the hand of big corporations with the resources to automatically serve infringement notices, which makes the burden much higher on the defense side than on the offense side. So, maybe the sort of solution I'd like to work on isn't in changing the laws. Maybe the solution I want is to even the playing field for small content creators, and making the mediation task easier for content hosts with limited resources. Oh man, do you know what I would love to see? An open API that content hosts could tap into to get something like "percentage overlap with what it's supposed to infringe on" (YouTube has something like that piece) and "likelyhood this is fair use" and other handy things that would help them make more sensible decisions. An easy-to-use system for users to tap into the same data to make automated counter-notices.

Presumably other people have had similar ideas before. To do: go to sleep, wake up, see if I can find any prior art in the morning.

* "hacker" used here in the sense defined for "honer" in Diamond Age--my preferred problem-solving technique isn't in inventing new things, it's in tweaking existing things to do the things I want them to do, particularly when they weren't meant to.

Syndicate

RSS Atom

Style Credit

Expand Cut Tags

No cut tags
Page generated Jan. 4th, 2026 09:28 am
Powered by Dreamwidth Studios