I mean, if we’re sort of going by DMCA requests, right, there’s upsides, but there’s also downsides. They get abused all the time, and there’s not a clear example in the public consciousness as to what constitutes fair use, so they can even be misused in good faith. Larger corporations can also have bots, or armies of hired outsourced cheap labor (usually in combination with each other) handing out youtube copyright claims left and right. The next step of the youtube claims system, specifically, is that you have to go to court, if you want to contest the claim, and court usually ends up in favor of the larger parties, either because they have the capability to have an out of court settlement, or just because they can hire the best lawyers, and it’s relatively hard for most artists to fund what might be a protracted legal battle. I wonder whether or not the effect is that it’s overall to the benefit, or not. Are these examples you’ve provided, are they representative, or are they examples of survivorship bias?
I dunno, I don’t have access to the numbers on that one, and it’s kind of hard to take artists at their word, because the plural of anecdote isn’t data, and because lots of artists don’t inhabit that legal grey space of copyright infringement, either out of just a lack of desire, or out of a self-preservation instinct. Then plenty of artists are also woefully misinformed people that blame the copyright-infringing artist for their copyright-infringing art. I think I’d probably want to prod a copyright lawyer on their take, as they would tend to see more of the legal backend, the enforcement, but then, there’s a little bit of a conflict of interest there.
I also think that on the basis of just like, moral arguments against copyright, we could make the argument, right, that the obama hope ad was extremely popular because of the circumstances around which it arose, rather than because of the specific photograph used. i.e. it wouldn’t be as popular if not for being a ripoff of a photo that was commissioned from some guy and then pumped out and thoroughly marketed and memeified. Sort of a similar argument to how piracy doesn’t really transfer over to sales, that there’s not an equivalent exchange going on there. The sales of the copy, or, the sales of the modified version, don’t transfer to the original, is the idea. But then, it’s kind of an open, hard to answer question, because it’s pretty contextual and it’s hard to read in hindsight. If the sales do transfer over to the original, if we get rid of the copy, then I think that crediting the original artist is probably the best thing you can do, because that drives more attention to the original, if the original is what people really wanted. That’s sort of like, a limiting mechanism for how popular a thing might get on the merit of something else, as I see it. You could legally enforce that, and I think it would probably be a pretty good move, but you also kind of end up swamping yourself with the same problems that any legal enforcement mechanism will have, of being heavy-handed, grey, primarily only able to be wielded by the powerful, so I think you could also make the case that whatever the public would enforce would be fine.