December 13, 2007
On intellectual property rights c. 1907

From the December 13, 1907 NYT:

The composers of music whose product is used in the "records" of self-playing musical instruments and talking machines, or phonographs, certainly have a fair cause for complain, if, as they assert, their music is "canned" for storage without their consent and without payment to them. If music is good enough, or popular enough, to be profitably used in these records, its composers are surely entitled to payment. Probably they could be protected by some other law than that relating to copyright.

Canned music, the term is Mr. Sousa's invention and an admirably expressive one, has been abused a great deal and made needlessly offensive. But all who have seriously thought about the self-playing piano and the improved phonograph know that they are effective instruments in the spread of culture. Appreciation of the best music is largely growing through their influence.

The sensitive virtuoso condemns them, and in so doing places himself with the mechanic who condemns modern machinery. As a matter of fact, they are helping to greatly increase the virtuoso's audience, for they are musically educating the multitude. Their manufacturers should not be permitted to do so, however, at the expense of the composers.

The argument of the Times is essentially the "sampling" argument used today in the context of digital music on-line, which suggests that some individuals who download a song on-line end up purchasing a legitimate copy of the work. Thus, whether "pirating" or "canning" music on-line provides a net benefit to all artists (or perhaps only certain artists) is an empirical question.

It seems the current writer's strike has much to do with the "canning" of television and movie productions and how much writers will be compensated from revenues generated through "new media." I am not sure the writers have the potential to enjoy the same "sampling" benefit as music composers, yet the parallel between old and new media and how compensation should be structured is interesting.

Posted by Craig Depken at 11:33 AM in Economics

The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith

Our Bloggers
Joshua Hall
Robert Lawson
E. Frank Stephenson
Michael C. Munger
Lawrence H. White
Craig Depken
Tim Shaughnessy
Edward J. Lopez
Brad Smith
Mike DeBow
Wilson Mixon
Art Carden

Blogroll

Search

Archives
By Author:
Joshua Hall
Robert Lawson
E. Frank Stephenson
Michael C. Munger
Lawrence H. White
Edward Bierhanzl
Craig Depken
Ralph R. Frasca
Tim Shaughnessy
Edward J. Lopez
Brad Smith
Mike DeBow
Wilson Mixon
Art Carden

By Month:
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004

Powered by
Movable Type 2.661

Site design by
Sekimori

XML