How Copyright Makes Books and Music Disappear
An anonymous reader writes "A new study of books and music for sale on Amazon shows how copyright makes works disappear. The research is described in the abstract: 'A random sample of new books for sale on Amazon.com shows three times more books initially published in the 1850's are for sale than new books from the 1950's. Why? A sample of 2300 new books for sale on Amazon.com is analyzed along with a random sample of 2000 songs available on new DVDs. Copyright status correlates highly with absence from the Amazon shelf. Second, the availability on YouTube of songs that reached number one on the U.S., French, and Brazilian pop charts from 1930-60 is analyzed in terms of the identity of the uploader, type of upload, number of views, date of upload, and monetization status. An analysis of the data demonstrates that the DMCA safe harbor system as applied to YouTube helps maintain some level of access to old songs by allowing those possessing copies (primarily infringers) to communicate relatively costlessly with copyright owners to satisfy the market of potential listeners.'"
It seems to me that one of the most compelling arguments against the status quo of our IP law is how it ephemerizes most works by preventing their circulation and their movement from one format to another. If the owner of the distribution rights of the works is uninterested in moving a work, say, from a vinyl record to a CD, then the only way to find the work on CD is to break the law--even if the person interested would be willing to spend money for the work. When you add in constraints like the fact that most records are no longer being pressed, you see that the effective "half-life" of the average work is vanishingly short. What this effectively means is that only the most popular (or most lucrative) works make the format transition for any new format. All the other works are left to more or less disappear. Even with my mediocre understanding of the history of art and culture, I am worried by what this means in the long-run. What percentage of the greatest books, albums, movies, games, etc. of the 20 and 21st centuries will be available to future generations? Unless you define these to be those works that enjoyed the most commercial support, I'd say a slim minority. Remember that many of the most celebrated works of earlier eras languished in non-recognition for the lifetimes of their owners--often longer. Shouldn't we be doing more to plan for the protection of our cultural treasures--the things that should someday belong to everyone? We don't know what will and won't be considered a cultural treasure in a hundred years, but the myopia of large media companies coupled with the scarcity created by IP law means that almost all contenders in that hypothetical contest would be disqualified.
I really wish we had a "Use it or Lose it" clause in our copyright laws. After X number of years of the product not being marketed, it falls into public domain. Software for even shorter periods.