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by kmeisthax 705 days ago
It's important to note who is pushing the deception, here. Creative industry is composed of both labor (artists) and capital (publishers). I file artists under labor because their valuable economic resource is time. They make money when people pay them to make art. Unauthorized copying has harms, but the primary effect is that artists have to expect to be paid money up-front, since the only way they get profit participation on the sale of copies is if there's a strictly enforced set of laws to grant a monopoly on copying. That being said, money up-front is still a very common way for artists to get paid, so "artists need to make a living" is a half-truth.

Paying per-copy and agreeing not to copy for some fixed period is more consumer friendly than, say, everyone pooling their money into a giant one-and-done Kickstarter and just trusting that the end result will be good. If your work can be published serially, then something like Patreon might work, but that's impractical for a lot of larger projects. The consumer unfriendliness manifests in the form of risk: who is out the money if something turns out to suck, or worse, doesn't even get made. The traditional "sell copies with a monopoly" model means that if I don't like a work, I just don't buy it. We have reviews to inform people if a thing is good or not, but you can't review a finished work based off the Kickstart campaign. This results in a market dominated by scams of varying degrees, customers who are hesitant to put money into campaigns that might not produce, and artists that can only really make the business model work if they have a lot of social capital and reputation to stake.

I mentioned fancy capitalist words like "risk" and "market", so let's talk about the capitalist side of the business: the publishers. Or "managerial types", as it were. They do not make their money from selling the service of creating art, they make money from selling art that has already been made, which is capital. When Napster was telling people to stop paying for music and just steal it, the publishers shat their pants. An embarrassingly large part of the music business at the time was reissuing old acts on CD[0][1], and even new acts had to sell albums, which is why 90s listeners had to deal with a flood of albums with one good song and 10 terrible ones.

It's specifically the capitalist side of the business that got screwed over the hardest by Napster. What screwed over artists was Spotify, which made music profitable again for the capitalists by turning it into a subscription. A music Boomer[2] accurately summed this up as a faucet pouring water straight into a drain. This is the best way to devalue artists, because it doesn't matter what songs the artists make - just that the publishers control the flow of the songs.

The Spotify mentality has percolated into basically every other form of media over the last decade. It's why you will own nothing and be 'happy', and why every publisher CEO has a boner for generative AI, even as their artists are screaming their heads off about being scraped. Publishers have nominally been stolen from as well, but they don't care, because the theft is in their benefit[3]. It's the exact opposite of the Napster situation. What matters is not what will benefit the artists, nor what the law says. What matters is what will make them richer.

[0] This is also why the SPARS code was a thing for a few years - to distinguish between new recordings made for CD and reissues riding the hype of digital music.

[1] Metallica also found themselves caught on the back foot, mainly because they found out Napster users were trading pre-release soundtracks they'd made. Their reaction made them look like suits for a while, because Metallica had gotten popular through unlicensed copying, though I don't think this read was entirely fair.

[2] https://youtu.be/1bZ0OSEViyo?t=485

[3] I don't think generative AI will replace real artists, but it doesn't matter so long as publishers believe it can.