Monday, September 28, 2009

Intellectual Property my @$$

I used to think, as an artist and a musician, that the idea of intellectual property was a good thing, and that it was important to maintain the rights of the artist to their work. However, the more I have really considered it, and the more I have seen these legal issues come to public attention, the more I begin to question the purpose and actual benefit of having legal intellectual property. The concept, it seems to me, is entirely based on the need to regulate the income generated by a work of art, and not really on the artist's right to ownership. This is just a convenient red herring, I think, that is used to cover up the real purpose of intellectual property law...to protect the profits of the corporations who "own" the work.

A good question to ask here is: what does it really mean to own a work of art? If it is able to be duplicate then it certainly has nothing to do with possession. Even a single unique artwork needs to be put out in the public to be viewed and appreciated. This relates to our previous discussion on the creative act of the artist, versus that of the spectator. When I create something for public view and use I am giving that creation away, it is no longer mine but is now a part of the culture to be consumed and digested and regurgitated by the critics of the public sphere. I can say what I want about the work still being "mine" but it doesn't really amount to much... unless I'm solely talking about my right to make money off of it. Today, with the rise of peer to peer sharing and and on-demand media, its starting to seem a little backwards and counter productive for a new artist to keep their artwork to themselves so someone doesn't "steal" it. Frankly, if you are serious about your art and really care about contributing to your culture, you should be be hoping and praying for others to steal your work. Its the best kind of flattery.

But then again, I would probably be up in arms and waving around copyright law books if someone were to actually steal my work and make a living off of it. This is a difficult subject to come to any definite conclusion about.

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