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Has Any Creative Work Failed Because of Piracy?

Andorin writes "Anyone familiar with the piracy debate knows about the claims from organizations like the RIAA that piracy causes billions of dollars in damages and costs thousands of jobs. Other studies have concluded differently, ranging from finding practically no damages to a newer study that cites 'up to 20%' as a more accurate number (PDF). I figure there's got to be an easier way to do this, so here's my question: Does anyone know of any creative works that were provably a financial failure due to piracy? The emphasis on 'provably' is important, as some form of evidence is necessary. Accurately and precisely quantifying damages from p2p is impossibly hard, of course, but answering questions like this may lead us to a clearer picture of just how harmful file sharing really is. I would think that if piracy does cause some amount of substantial harm, we would see that fact reflected in our creative works, but I've never heard of a work that tanked because people shared it online."

12 of 1,115 comments (clear)

  1. Short answer by girlintraining · · Score: 5, Insightful

    No.

    Gone must be the days when a creative work was loved for its contribution to the arts... Plato, Socrates -- failures, all of them, because their works are no longer copyrighted and thus can no longer make a contribution to society. /sarcasm

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Short answer by djconrad · · Score: 5, Insightful

      Socrates never wrote a damn thing, and the critics still ruined his career.

    2. Re:Short answer by b4dc0d3r · · Score: 5, Insightful

      I wish they would go straight to $3 million films. Cut out the overpaid actors, there's a great start. There are plenty of talented actors who would fill the headliners' shoes completely, and possibly better. The only reason they get so much money is because the name draws people into theaters.

      look what happens then. $25 million payday to star in a medicre movie, and the star agrees to do it, and their box office value starts dropping. They are using my ticket price to hire someone I know so I evaluate the movie on its stars instead of its plot. Then audiences enjoy the movie based on its writing or cinematography, or hate it for those reasons plus the actors' poor delivery.

      I loved Cruise in Tropic Thunder until I realized it was him. I can still enjoy the movie but it makes me feel uncomfortable because I've seen so many of his overacted crapfests. I loved Vanilla Sky despite him, mostly because the story was stolen (Obre los ojos) and slightly updated. There are people I will see in any movie because they only select good scripts and good directors/producers to work with, and the result is good. The actor does the filtering for me.

      Box office name recognition is the worst thing to happen to movies ever. I'm not just talking about actors, I'm talking about expensive licensing deals too. Pay a bunch of money, make a Batman movie, and it doesn't matter how terrible it is you're a millionaire. Video game movies, novel-based movies, anything with a well-known name. Name recognition is crap.

      Get a good script, good actors, and actually spend money promoting it like they do the big blockbusters. That's how you get people in the seats. Stop spending money on name recognition and the costs go down and audiences will return to movie-going. A $3 million movie with a $3 million advertising budget needs to sell maybe a million tickets to break even.

      Actors and licensees don't need to be set up for life on one movie. If acting is your job, you can live on $500k per year. That will cover plane tickets and expensive clothes. Do 2 movies per year and, minus taxes and expenses, you'll have a very comfortable life *working*, not spending my ticket money on hookers and blow and mansions for MTV's Cribs.

      Let's have the $3 million movie movie, I'm all for it.

  2. Excellent call! by Penguinisto · · Score: 5, Insightful

    When I first read the title, I thought that kdawson (I know, I know) was asking if a creative work failed in the sense that no one accepted it, it was not disseminated, etc. Then TFS says "financial" failure.

    Problem is, the question (in any aspect) is too one-dimensional. Paul Gauguin was a financial failure, as were most painters who weren't sponsored by some aristocrat or other. Yet one would hardly call his (or their) works "failures" in most aspects of the term. Meanwhile, even in just the one aspect - money - well? Today, just try and buy an original Gauguin and say it's a failure. I dare you.

    Even with recent/modern creative endeavors, the question is stupid. If you're creating a work of (art, music, or similar) just for the money, that creation is almost guaranteed to suck. See also the products of Britney Spears (...remember her? no worries if you don't), "Lady Gaga", or whatever manufactured 'star' of the moment you care to name. Viewed dispassionately and apart from the personality, the music quite frankly sucks ass. If we shift to works of writing, you can almost always tell at which point a writer loses his/her passion for the craft, and instead just does it for the money - the quality drops accordingly. Visual art? Heh - I'll pick on The Simpsons... about five years ago, it was glaringly obvious that Matt was just doing it for the paycheck.

    But anyway, long story short - IMHO, the only way a work succeeds or fails is in the metric of how widely accepted it is, and in how long it remains in the public consciousness. The successes become treasures that never die in spite of passing centuries, the failures are forgotten in less than a decade no matter how widely marketed.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Excellent call! by Antisyzygy · · Score: 5, Insightful

      To be fair, Lady Gaga has a LOT more talent than Brittney Spears.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    2. Re:Excellent call! by hitmark · · Score: 5, Insightful

      http://radar.oreilly.com/2006/08/piracy-is-progressive-taxation.html

      "Obscurity is a far greater threat to authors and creative artists than piracy."

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  3. Re:Let the rationalizations begin by gilgongo · · Score: 5, Insightful

    I write music for a living...I should only get paid for the first copy sold?

    Depends. If you're any good, I'd like to see you paid for about 7 years after you wrote the work. Then I'd like to see your work go into the public domain to be used by others in any way they want, for free. Meanwhile, you're going to write other stuff, because you're good at what you do, aren't you? If not, fuck off and stack shelves for a living, like me.

    The big problem at the moment is NOT that people are copying stuff, it's that artists (well, publishers really) are demanding payment for works for literally hundreds of years after they were first produced. That's wrong, and it must stop because without a public domain, you can forget about anyone producing any art at all.

    --
    "And the meaning of words; when they cease to function; when will it start worrying you?"
  4. Re:Starsiege: Tribes took quite a hit from piracy by Anonymous Coward · · Score: 5, Insightful

    A good example of the absurdity of the "we wouldn't have bought it anyway argument." If Slashdotters weren't in denial because of their addiction to mass media content and aversion to paying a fair price for it (what rational person thinks 0 is a fair price for something they want?), they'd be able to see that some fraction of those 220k+ people would have bought the game in the absense of piracy. Maybe 5%, maybe 75%. Either way, infringement hurts producers of intellectual property and causes the market to produce and inefficiently low amount of it.

  5. Missing the point... by JoeMerchant · · Score: 5, Insightful

    The real damage caused by piracy aren't the works which were created and then failed to produce return on investment (this is all to easy to do without piracy), the real damage is done in works which are never created in the first place due to the perception that piracy would make them financially irrelevant. The poster is all concerned with "provably," but really, if you sit down with any group of investors and propose a new creative project, the provable effect of piracy is when the investors walk away from a project because they won't get their money back before pirates saturate their market with ripoffs.

    Even in patented space many works (especially medical devices) struggle to make a profit before patent protection runs out. Patents are more beneficial to the world at large in this respect - ideas which can be realized in a reasonable time are pursued, and then within 20 years they become public domain. The effective infinite life of Copyright is wrong on so many levels. I think a reasonably time limited copyright scheme would be more respected / less violated, and more productive in the creation of new works, as opposed to the infinite repackaging of existing brands that we have today.

    1. Re:Missing the point... by Jane+Q.+Public · · Score: 5, Insightful

      You are begging the question.

      How many walk away because their product will not make a profit... based on how many in the past have failed, due to piracy? You have to have one before the other will happen. So, the question is: have any actually failed? If not, why would they walk away?

      The Movie industry has been crying foul (one major studio CEO recently said in a speech that piracy is "killing the industry")... while that same industry has been racking up record profits. Sorry, but that made my bullshit detector go off the charts.

      The music industry has seen declining CD sales... but there are numerous possible reasons for CD sales to be in decline without even considering piracy (like the fact that the music industry refused to change and give people what they want today). Some of those reasons no doubt actually apply.

      So the question still comes back to: has anything really failed financially because of piracy? And "creative accounting" is not acceptable... we all know how the movie studios make movies look like they are losing money so they don't have to pay out percentages. An example from just the other day was how Harry Potter brought in $977 million (almost a billion) dollars, yet the studios used creative accounting to "show" that this most successful series of all time "lost" $167 million. And the courts are starting to call them on it.

      I do agree that the extension of Copyright beyond all reason needs to change. Copyright was created for the good of the public. But the public does not benefit if the Copyright lasts 100 years or more!

    2. Re:Missing the point... by Artifakt · · Score: 5, Insightful

      1. The law needs to be built on facts: If there aren't some provable cases, how can the law impose punitive damages fairly? Remember, for the US, there's the cruel and unusual punishment angle - if there are no provable cases of piracy stifling creative expression, then one of the grounds for the law's severity is undermined, and so the argument that the law is unconstitutionally cruel gains weight.

      2. How can there possibly be works that were never made because of piracy without there also being works that were attempted and failed? Are you seriously claiming that every film that bombed at the box office for one reason or another somehow proves the producers have perfect judgement about avoiding the risks caused by piracy, so they never attempt to make the ones that fail from that cause? If the various Heaven's Gate's and Howard the Duck's don't prove that Hollywood, at least, can fail abysmally to evaluate risks rationally, then no wonder you're arguing against proof, because to you nothing what-so-ever can be proved. Admit that they sometimes get it wrong, and if piracy is one of the factors in any significant way, there will simply have to be the product that failed from piracy. Provably.

      With that said, a possible damage caused by piracy might well be works never created in the first place. If there are some provable cases where someone can demonstrate investors at least should have walked away because of piracy, then we can infer that piracy caused damage, either in the form of losses if they went ahead anyway, or your 'damage if the project was never made'. But claiming that piracy causes only the type of damage that, by you, can't be proved is also claiming that a bunch of big commercial content holders have perfect track records - obviously false to fact.

      --
      Who is John Cabal?
  6. I think there's something to that by Anonymous Coward · · Score: 5, Insightful

    Back in my highschool and university days, I pirated a lot. Reason was money. I had little discretionary income so I'd take things where I could get it. However as I've gotten older and moved on to the working world, I've little need to pirate stuff. I simply buy it. It is faster and easier, plus I really do like doing the right thing.

    Few, if any, sales were lost to my piracy. I simply could not afford the things I was pirating.