Some background: under US law — and under a mountain of international treaties, from the Berne Convention to the TRIPS —copyright is automatically granted to creative works of human authorship “at the moment of fixation in some tangible medium.”
That is: as soon as a human being makes something creative, and records it in some medium (a hard-drive, magnetic tape, paper, film, canvas, etc), that creative thing is immediately copyrighted (the duration of that copyright varies, both by territory and by whether the creator was working on their own or for a corporation).
Chokepoint Capitalism is my next book, co-written with the brilliant copyright scholar Rebecca Giblin. It’s a book about how the markets for creative labor were rigged, and how artists, fans, tinkerers, regulators and lawmakers can unrig them.
That second part is key: this isn’t just a book complaining about how tough things are for artists — it’s a book about how we can make things better.
There’s an obvious reason that our book’s focus on shovel-ready projects to put more money in artists’ pockets is important: you’d have to be a monster to prefer a world that underpays the writers, musicians, actors, and film and TV creators whose work heartens and delights you.
But there’s another reason that this focus on fixing creative labor markets is so important: because copyright, the primary tool we’ve given creators to give them power over their labor, has actually made things worse. Continue reading "What is Chokepoint Capitalism?"