11 October 2022

Pay the Artist is a Fraud

I don't mean that artists should not be paid, but rather that the draconian measures taken by distributors of artistic content to restrict access, things like copyright filters, actually leave artists worse off, though I am sure that record label and studio executives do better with this in place:

The EU Copyright Directive contains one of the worst ideas in modern copyright: what amounts to a requirement to filter uploads on major sites. Despite repeated explanations of why this would cause huge harm to both creators and members of the public, EU politicians were taken in by the soothing words of the legislation’s proponents, who even went so far as to deny that upload filters would be required at all.

The malign effects of the EU Copyright Directive have not yet been felt, as national legislatures struggle to implement a law with deep internal contradictions. However, upload filters are already used on an ad hoc basis, for example YouTube’s Content ID. There is thus already mounting evidence of the problems with the approach. A new report, from the Colombian Fundación Karisma, adds to the concerns by providing additional examples of how creators have already suffered from upload filters:

Providing additional examples of how creators have already suffered from upload filters:
This research found multiple cases of unjustified notifications of supposed violation of copyright directed at content that is either part of the public domain, original content, or instances of judicial overreach of copyright law. The digital producers that are the target of these unjust notifications affirm that the appeal process and counter-notification procedures don’t help them protect their rights. The appeals interface of the different platforms that were taken into account did not help resolve the cases, which leaves digital creators defenseless with no alternative other than what they can obtain from their contacts. This system damages the capacity of these producers to grow, maintain and monetize an audience at the same time that it affects the liberty of expression of independent producers as it creates a strong disincentive for them. On the contrary, this system incentivizes the bigger production companies to claim copyright on content to which they hold no rights.

And those bigger production companies make campaign donations, and hold events for important people in Brussels, so their voices get heard, while the folks who actually do creative work are told to pound sand.

The current IP regime is just another example of how ostensible efforts to, "Protect the artist," are little more than rent seeking by large corporations to better enable their ability to steal from the little guy.

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