Is “stronger” copyright “better” copyright?

According to Arstechnica, one way to answer this question is ask another: “not whether some change [to copyright law] would produce less money for rightsholders, but whether some change would remove incentives to create. Has file-sharing reduced creators’ incentives?”

Given the results of their recent research study, Arstechnica turned to Felix Oberholzer-Gee of Harvard and Koleman Strumpf of the University of Kansas for insight. Oberholzer-Gee and Strumpf are a little biased:

The publication of new books rose by 66 percent over the 2002-2007 period. Since 2000, the annual release of new music albums has more than doubled, and worldwide feature film production is up by more than 30 percent since 2003… In our reading of the evidence there is little to suggest that the new technology has discouraged artistic production. Weaker copyright protection, it seems, has benefited society.

There are unarguable flaws with Oberholzer-Gee and Strumpf’s evaluation of their study –

(1) just because music and movie sales didn’t crash doesn’t necessarily prove that weak copyright had a positive impact so much as it didn’t have (as great a?) negative impact;(2) that the French music industry can more empirically show damage as a result of copyright in a similar market (of course, the French music market is smaller than the American market, which continues to throw it’s weight – and sales – around Europe…);(3) even Ok Go, a band that just split off from EMI to make their own label where they could make their own music and publish it the way they want without restrictions acknowledges smaller, newer bands are still dependent on the major labels for support and distribution — and who are the people that lose money in peer-to-peer sharing? Not Rhianna….(Link to come.)

The particulars of this particular study aside, it’s good to see the press (we can call Arstechnica “the press” right? ….Right?) digging at such a meaty thesis: is “stronger” copyright “better” copyright? In the next few months, especially as ACTA considerations rise, we need to make sure that this question makes it into the minds of as many people as possible.

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