In 1997, I published a book of short stories in Israel. The
publishing house belongs to Israel's leading (and
exceedingly wealthy) newspaper. I signed a contract
which stated that I am entitled to receive 8% of the
income from the sales of the book after commissions
payable to distributors, shops, etc. A few months later
(1997), I won the coveted Prize of the Ministry of
Education (for short prose). The prize money (a few
thousand DMs) was snatched by the publishing house on
the legal grounds that all the money generated by the book
belongs to them because they own the copyright.
In the mythology generated by capitalism to pacify the
masses, the myth of intellectual property stands out. It
goes like this: if the rights to intellectual property were
not defined and enforced, commercial entrepreneurs
would not have taken on the risks associated with
publishing books, recording records, and preparing
multimedia products. As a result, creative people will
have suffered because they will have found no way to
make their works accessible to the public. Ultimately, it is
the public which pays the price of piracy, goes the refrain.
But this is factually untrue. In the USA there is a very
limited group of authors who actually live by their pen.
Only select musicians eke out a living from their noisy
vocation (most of them rock stars who own their labels -
George Michael had to fight Sony to do just that) and very
few actors come close to deriving subsistence level
income from their profession. All these can no longer be
thought of as mostly creative people. Forced to defend
their intellectual property rights and the interests of Big
Money, Madonna, Michael Jackson, Schwarzenegger and
Grisham are businessmen at least as much as they are
artists.
Economically and rationally, we should expect that the
costlier a work of art is to produce and the narrower its
market - the more emphasized its intellectual property
rights.
Consider a publishing house.
A book which costs 50,000 DM to produce with a
potential audience of 1000 purchasers (certain academic
texts are like this) - would have to be priced at a a
minimum of 100 DM to recoup only the direct costs. If
illegally copied (thereby shrinking the potential market as
some people will prefer to buy the cheaper illegal copies)
- its price would have to go up prohibitively to recoup
costs, thus driving out potential buyers. The story is
different if a book costs 10,000 DM to produce and is
priced at 20 DM a copy with a potential readership of
1,000,000 readers. Piracy (illegal copying) should in this
case be more readily tolerated as a marginal phenomenon.
This is the theory. But the facts are tellingly different. The
less the cost of production (brought down by digital
technologies) - the fiercer the battle against piracy. The
bigger the market - the more pressure is applied to clamp
down on samizdat entrepreneurs.
Public-domain text, read in full here on John Shaqi.
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