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Questioning Copyright

Index of Ideas

This might be a section in the introduction, or it could be a separate chapter toward the end.  The idea is a quickly-browseable index of ideas, where each entry points to the articles that best discuss that idea.  Some of these items are also chapter ideas in and of themselves.  Right now, the whole thing is basically a list of every objection or question we've ever encountered, plus some other stuff, plus the kitchen sink.  Throw ideas in here liberally; we can prune later.

Even if we never use this list explicitly in the book, we should go over it before we publish to make sure that all the important ideas below are represented and objections answered.

  • address the "corporations have just taken it too far" interpretation
  • address the IP / trademarks confusion in a section right here!
  • the historical argument: mainly just refer to Promise article (and see the comment to incorporate in the TOC -- perhaps here is the place to point out that, had authors' livelihoods been the goal, a mandatory statutory rate would have been the obvious solution).
  • watch for the descent into ever-more-complex legal thickets. "fair use", mechanical rights, synchronization rights, performance rights, ownership, statutory rates,
  • the internet-makes-the-costs-higher argument
  • the "it's the artist's choice" argument
  • the no extra work argument
  • how do artists actually make a living
  • the unreliable copy problem: used to be real, but doesn't exist anymore
  • the supply-side argument: we are not and never have been suffering from a supply of creativity, and as the absolute human population grows this only becomes more true
  • the invisible-effects argument: some of the worst harms are not immediately visible -- you don't see when a movie doesn't get shown, or a translation is suppressed, unless you're looking for it.
  • the constitutional detour: legalism is quicksand to real philosophical thinking
  • address the subsidy question: the idea that the small number of financial winners enables publishers to subsidize all the non-moneymaking stuff
  • address the carrot-and-stick notion: the idea that even if copyright doesn't support art, if enough artists believe it does, and act based on that belief, then it becomes an effective illusion and still serves its purpose, even if (like purchasers of lottery tickets) people are fooling themselves.
  • the habitually poor language (see glossary). explore "protection", "monopoly"
  • that conservatism and extremism are not what they seem argument
  • There needs to be a chapter on incremental approaches: time-bound exclusivity, freeing up just a few works, partial

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