"Soft SOPA" & How Copyright Disrupts Technological Innovation
Copyright and free speech have been at the forefront
quite a bit lately. To some, we need to afford protections to creators. To
others, it is manipulation of laws to suit their personal wants. The result is
everybody losing.
The internet has created a huge disruption in sales and
distribution of many kinds of media, including movies and music. The biggest
problem many people have pointed out has been that, rather than adapt, old
business models refused to adapt and instead tried to get laws to force things
from changing. This is especially obvious of the RIAA who simply fought against
the MP3 format rather than embrace and use it. Now, Apple, Amazon, Google, and
many others are making a lot of money they never will. All because they refused
to change.
Instead, they tried manipulating laws and suing people in
order to extract money. For this, the popular media and the public have
demonized them. Yet they continue for the sake of stagnation.
This is a disruption of innovation.
Disruption in the business world is supposed to
strengthen the money that goes in and out of coffers, but this is because
people are “building better mousetraps”. When innovation is disrupted, they are
essentially happy to let the mice run free if their product does not work
properly.
The issue here is copyright. Copyright is not a bad thing
in and of itself. Nevertheless, the way it has been manipulated has forced
people to fight in ways that are shocking to the old business models. In the
past, if someone profited off your work without permission, you could sue him
or her for profits. With the modern internet, they have encouraged people to
fight back by not making money off those works.
This strikes me as interesting. They know these people are
not making money and yet they sue them anyway. Where exactly is the profit? I
could go on and on, but plenty of people have realized this is a dead horse.
Well, everyone except lawyers…
The point is, we have a broken system, and that is our
current copyright laws. We need to overhaul it. It used to be your work was
yours for 14 to 28 years, which may not seem long now, but let us consider how
long a work is profitable. A book comes out. It will sell, make some money,
movie rights are sold, it becomes a blockbuster, toy action figures are sold,
kids have the characters on their lunchboxes (do they still do that?), and so
on. The time frame for this? Let us take Harry Potter as an example. The first
book was released in 1997 and the last movie was released in 2011. If we take
that series as a whole for our argument, that is 14 years alone. Obviously, the
series was VERY profitable. To this day, it is still making money. The 28-year
limit above was if an author applied for an extension, and you can be sure J.
K. Rowling and Warner Bros. would have applied for that extension.
By 2025, Harry Potter’s fame and profitability should be
very much diminished, such that entry in to the public domain would not really
cost anyone. That is 28 years. So what about Disney? Mickey Mouse is still
popular and they are making money off of it, right? Disney is a poor example of
protecting copyrights. Simply put, they have made quite a bit of money off of
public domain properties. Disney’s first feature length film was Snow White and
the Seven Dwarves. The movie was derived from Snow White, first officially
published, if I understand my sources correctly, in 1857. They made a fortune
off that movie using nothing but a public domain work.