Free The Arts: An Indignant Rant
Friday, April 28, 2006
--- THIS BLOG HAS BEEN ABANDONED. OUR NEW HOME IS: THE WEASEL SOAP BOX ---
Often you hear about the RIAA and the Canadian equivalent and their numerous attempts to sue people for file sharing, whether they upload or download, but, are these two entities truly representing the needs of the artist, or the needs of the greedy corperations who can capitalize more on the artist's success more than the artist can?The artists who truly benefit from this are those who are already swimming in a pool of wealth due to the fact that they enter the realm of "rap" and "hip-hop"; flooding the market with a good that is overused.
In a recent BoingBoing article, a backlash in Canada was reported that came from numerous Canadian recording artist, none of whom are known for their rap or hip hop. Similarly, six independant labels pulled out of this organization.
Canadian labels pull out of RIAA-fronted Canadian Recording Industry Ass.
The Canadian version of the RIAA (CRIA) has very little bite due to the strict and heavily enforced privacy laws and the liberal nature of the ISPs who have been reluctant to turn over data, out of concern for their own bottom line profit.
The musical artists are being "protected" by these two sister groups, but at what expense? These groups have no regard for the artist.
The next thing on the chopping board, should the law suits fall out of the style, is logically attacking the upstart radio stations who pay little or no "royalties"; those who use the internet to play music or, the tribute artists and bands; the upstarts who have the gall to mimick the lyrical and musical style of their musical idols.
But, wait, these groups admit that they are tribute groups, so, why aren't they being attacked? They are indeed "infringing" on the copyright property of recorded artists and they perform for a small profit, as tribute artists and bands.
After all, it's easier to attack the vulerable, isn't it? The people who will keel over to your demands. The young and elderly who haven't the means to fight back, or better yet, those who have done nothing wrong.
Since it's trendy to sue people for the downloading of music and movies, should they also be concerned with the artists who draw and write? What about the writers and artists?
There are all kinds of similar "infringements", the biggest one being the Star Wars fan base following. Many of the novels published aren't from Lucas Arts or Lucas himself. They are from fans; the fiction written is based on fan ideas and "what if" notions.
This is an entire culture that lives underground, free of the scrutiny from the peering, proding gaze of the RIAA and the CRIA. But, yet, they are also "guilty" of "copyright" infringement, even though they are also known to admit that they are basing their work on that of another.
The theft of ideas occurs every day in this cultural movement, and it is truly not any different from people downloading, or people who take original music and mix or remix it.
The material is being shared, even if it's not by the artist.
MP3s are music that has been encoded by fans who adore a certain artist and wish to share that music with others.
Fanfiction and Fanart (doujinshi) are fan-based versions of original works of fiction. They translate the author's original idea into the visions or ideas that the fan has in their mind.
Fanfiction Sanctuary
Whether they like it or not, the trend of "freeing" art is going to be here to stay. The capitalist keep trying to get rich off the back of the true artist and the fans who have tried to shown their appreication for the music by buying the track, but, there is a point where enough is enough.
The point of file sharing was to introduce people to an artist at no cost; fanfiction is to allow people a chance to view the original story in a different context.
Both infrige in a way on the original copyright, but, in reality, they are merely means of increasing publicity free of charge for the artists.
Japan has a whole industry notourious for just that; the fan drawn manga industry. The doujinshi artists take the original concepts by the manga-ka and translate it into their own visions. They sell these books for a small fee, but, the practice isn't widely condemned, as some artists, such as Watase Yuu have come out in favour of it, saying that it helps them.
For western nations, what helps fans are laws that don't make it easier for greedy entities to get richer off the backs of those who love music but can't always afford it.
After all, what's more damaging to profits?
Having one person buy a CD and whine to three of their friends about how bad it was and then in turn, those three talk about how bad it was... or... one person downloading an MP3 and deciding that they like it?
The CRIA and RIAA could learn a lesson from a place like Costco, which has various stands in the stores that give away free samples to promote the product, and in turn that free sample entices the consumer to buy the product.
Who then is smarter? The corperate entity that provides free samples to its customer base or that which seeks to "sue for lost profits" because the consumer has a desire to seek a free sample before purchasing the good?
Which would equal more long term profit and consumer loyalty?
The free sample or the heavy-handed tactics?
Art is a form of express, and simply because a few greedy artists who can't see beyond their lavish style that surrounds the need for bling bling doesn't mean that the mamjority has this need.
But, the laws to protect still need to be there; the laws that prevent people from taking credit for others' work.
The sharing of MP3s isn't theft in the way that plagerism is, in fact, it isn't theft. Is it theft when you play a CD for a friend and then you copy that CD for a friend?
Likely not because you've purchased the original CD and likely the burnable blank CD. Or, when you listen to the radio, blank tape cassetts and a recorder allowed for you, the listener to record hours of free music from a station paying pennies on loyalties.
It is theft when you own a CD that you never bought, that was given to you as a present? After all, you never did pay for it did you, someone else did. Does this mean you own the music illegally because someone else bought it?
Or...
If you're like me and you write fanfiction, is it theft when you've stated that you borrowed your ideas from someone else and you post your work for free?
Is it theft when music that you've "ripped" from your Cds and mixed it with other sounds to produce a unique version of the original and then share it for free?
Just how many artists out there are thieves of copyright property as are the sub culture of fanartist and tribute bands? Just who has one original idea that hasn't been thought of or done before?
Just what is the RIAA protecting when they are protecting the rap artists? Are they really protecting the "art" itself, or... just the wallets?