Reading David Post and Matt Yglesias on copyright and artists has me thinking about the popular justification for copyright laws in contrast to the economic justification.
The economic justification is that free markets will not provide enough profit for artists to undertake some projects for which the social benefits of doing so outweigh the costs. Optimal copyrights will compensate artists just enough so that they are willing to create the works, anything above that is inefficient rents* (you hear that Metallica!).
The popular justification seems to be more about maintaining some “fair” balance between consumer surplus and producer surplus. The measure usually being that people who create things that generate a lot of social benefit (e.g. they write hits) deserve to get proportionally rich. Even after the artists are dead people feel that the benefits should flow to his children, wife, estate, etc. in proportion to the social benefits. This, I suspect, is simply the status quo bias. In this country artists who create very popular art have tended to get very rich from it, ergo we have come to see this as the “fair” outcome.
People seem much less concerned that the payment to roadworkers be in proportion to the benefit that society gets from that roads they created, and that the payments continue to flow long past when the work is done. The same is true of the designers of those roads.
Why should we be disproportionately concerned about artists ability to capture economic rents? Why should we be concerned about the ratio of producer to consumer surplus in the arts and not for other workers? Wouldn’t we be better off in a world full of middle class artists but more art?
This, to me, seems like yet another area for liberaltarian agreement.
*For more on this, see Alex Tabarrok’s “Patent Theory versus Patent Law”.

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Friday ~ August 20th, 2010 at 11:46 am
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Friday ~ August 20th, 2010 at 4:17 pm
Sister Y
This is why the right of publicity in one’s likeness, voice, etc. is particularly stupid. Do we really need to create even more economic incentive for people to pursue celebrity?
Friday ~ August 20th, 2010 at 4:21 pm
Niklas Blanchard
According to Paul Krugman, in the future, celebrity is going to be the most valuable commodity.
Friday ~ August 20th, 2010 at 6:51 pm
jazzbumpa
That doesn’t necessarily mean he thinks that’s a good outcome.
- JzB
Friday ~ August 20th, 2010 at 6:01 pm
blokeinfrance
Should inventors be protected by patent? Should roadworkers just be paid by the hour?
Yes, and yes.
An invention may reap its rewards many year later. An invention, even if successful (big if), takes many years to fulifiilment.
So, inventors should be rewarded, if (sadly defunct) via their estate.
You’re in danger of getting into the labour theory of value here. Inventions, needless to say, save labour and enhance wellbeing. Are you sure you’re agains this outcome?
I enjoyed a Mozart concerto this evening, I didn’t begrudge him the royalty to DeutscheGramophone.
Before that I drove home without puncturing my tyres on a newly installed speed cushion.
Before that I checked the bookkeeper had deducted the right pay for insurance, pension contributions, etc.
Friday ~ August 20th, 2010 at 7:26 pm
jazzbumpa
Adam -
You forgot the legal justification – U.S. Constitution; Article 1, Section 8, Clause 8: (emphasis added)
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Bloke, you’ve hit on something. Neither Mozart nor his heirs got as much as ein rote pfennig from the performance you enjoyed. The whole issue of rights gets very knotty, because they are viewed as property that can be sold. Which sort of takes the legs out from under “exclusive” doesn’t it? Remember the guy who thought up Superman, and sold the franchise for $10,000? Then there’s that whole “limited times” thing that you seem to disagree with.
So the protection aspect really is very dicey, indeed.
Further, a serious case can be made that this kind of “protection” stifles innovation, and acts as a barrier to entry for artists and performers. Major recording companies won’t even listen to unsolicited demos, for fear that some other song by a known artist might be similar enough to something sumitted by some poor schlub, that he might sue them, based on that coincidental similarity. (There are only 12 notes, you know.)
http://cip.law.ucla.edu/cases/case_sellegibb.html
Patents are, if anything, worse. Most inventors don’t get benefits – their employers do. And patent inspection is a joke. There are 7 people in the patent office and 7 million applications every year. I did a patent search once on a particular technology and found a dozen patents issued (over 50 years ago, now) to several different holders which all claimed the same basic technology. There were nuanced differences, of course, but the overlap of mutiply-claimed core content was at least 50%. It was ridiculous.
And I’ll repeat – the big benefactors of copyright and patent protection are corporations, not artists and inventors: one more avenue for regressive wealth distribution – right?
The underlying assumption of the Constitutional justification is highly suspect, and the actual effect is not as intended. This matter is waaaay over-ripe for serious review.
But it aint gonna happen.
Cheers!
JzB
Friday ~ August 20th, 2010 at 7:26 pm
jazzbumpa
Another bold-closure fail.
Lo siento.
JzB
Thursday ~ May 31st, 2012 at 11:22 am
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[...] 2.The Strange Popular Morality of Copyright by James Ozniak. [...]
Friday ~ May 10th, 2013 at 10:13 pm
Philip Dorrell
There are two different moral assumptions about copyright and what form it should take. Neither of them is necessarily “stranger” than the other, but they are not necessarily consistent with each other. The first moral assumption is that content creators deserve to “own” their content, even after publication. They deserve to own it, because they created it. The second moral assumption is that the exact form of copyright law should optimise public benefit.
Digital technologies have widened the gap between the conclusions derived from these two assumptions. We may soon reach the point where public benefit is maximised by having no copyright at all, other than the rights of authors to be correctly attributed their works. Whereas the moral assumption of creative ownership tells us that copyright should always exist, and should never be compromised or limited in any way.
Almost all copyright debates are people who have the first moral assumption arguing with people who believe in the second moral assumption.