In serving big company interests, copyright is in crisis

Copyright rules are made with the needs of the entertainment industry in mind, designed to provide the legal framework for creators, investors, distributors, production houses, and other parts of the industry to navigate their disputes and assert their interests.

A good copyright policy would be one that encouraged diverse forms of expression from diverse creators who were fairly compensated for their role in a profitable industry. But copyright has signally failed to accomplish this end, largely because of the role it plays in the monopolization of the entertainment industry (and, in the digital era, every industry where copyrighted software plays a role). Copyright's primary approach is to give creators monopolies over their works, in the hopes that they can use these as leverage in overmatched battles with corporate interests. But monopolies have a tendency to accumulate, piling up in the vaults of big companies, who use these government-backed exclusive rights to dominate the industry so that anyone hoping to enter it must first surrender their little monopolies to the hoards of the big gatekeepers.

Creators get a raw deal in a concentrated marketplace, selling their work into a buyer's market. Giving them more monopolies longer copyright terms, copyright over the "feel" of music, copyright over samples just gives the industry more monopolies to confiscate in one-sided negotiations and add to their arsenals. Expecting more copyright to help artists beat a concentrated industry is like expecting more lunch money to help your kid defeat the bullies who beat him up on the playground every day. Read the rest