When you think of a pirate, what image comes to your mind? The dashing and debonair Jack Sparrow who rather good-naturedly seeks to take advantage of those with power and affluence, yet has loyalty to his peers? http://www.imdb.com/title/tt1298650/?ref_=fn_al_tt_2
What about the legendary Long John Silver in Treasure Island. He was a man who lived for himself yet had some altruism in him when push came to shove regarding the welfare of young Jim. http://www.imdb.com/title/tt1820723/?ref_=rvi_tt
Perhaps the bumbling pirates in an older operatta stand out to you as rather good natured fellows who were out to have a fun romp and weren't really out to hurt anyone.
http://www.imdb.com/title/tt0086112/?ref_=ttmd_md_nm
http://www.imdb.com/title/tt0086112/?ref_=ttmd_md_nm
What about this picture of Russell Crowe playing the part of Robin Hood? It's a legend about a landlocked pirate who robbed from the rich to give to the poor. http://www.imdb.com/title/tt0955308/mediaindex?ref_=ttmd_ql_1
What do these pictures have to do with music piracy and my response to it? Well, Merriam-Webster's dictionary definition reports that a pirate is one who steals or robs from someone while at sea; the other definition they give is one who illegally copies or downloads intellectual property (Merriam-Webster, 2014). The two definitions do have something in common: taking what isn't yours. Many would argue that it is not that simple; music piracy isn't as black and white as stealing, and there are a number of arguments that support that claim (Condry, 2004).
One of the prime arguments against copyrighting intellectual music property is the view that knowledge should belong to everyone.This is a strong sentiment, particularly prevalent in younger people who view their community as having a right to as much knowledge or music as the next person, therefore illegally downloading music is actually promoting sharing information as a good moral issue. It's simply a matter of sharing and seeding content that is not readily available (Steinmetz & Tunnell, 2013).
Then there is the notion that what's okay for your subculture supercedes the mores of general society. So if your subculture downloads music without paying for it as a way to neutralize the dominant subculture, loyalty to your own isn't viewed as wrong, just defiant(Steinmetz & Tunnell, 2013). Pirates have a code of honour among thieves; loyalty to taking music is considered the same. Plus, if it is so easy to do it isn't one's fault to take what is ripe for the picking.
But is it a case of black and white robbery? There are many who would consider that music copyright laws are not only traducing an age-old practice of singing or listening to any song as a means of expression, whether individual or corportate, but hurting current artists and musicians (Lessig, 2007). Some pirates claim that file sharing actually boosts the artist's presence and thereby brings the artist financial gain and that the music industry isn't being hurt because they're still making a lot of money (Steinmetz & Tunnell, 2013). Some believe the internet has made the music business outdated and that the money should go directly to the artist and not the middleman, plus the idea of remixing and restating a song's message is a part of democratic living and free speech (Lessig, 2007).
Another view of music piracy is that it is a form of rebellion against those who have too much and the pirate is just redressing the wrong. An example is that since the music media moguls take most of the profit and the artist sees little of it, you're just being a modern day Robin Hood (Steinmetz & Tunnell, 2013). And what about those who state that since there is no way to stop access to pirating music, the industry should stop wasting time fighting a battle it can't win?
Where does this leave me? Do I pirate music? This isn't really a new topic. When I was a teenager many people were making copies of their LPs onto cassettes and the discussion would swirl around the ethics of sharing the music. When CDs first came out I would copy my CD so that I could listen to it in the car or have an extra copy in case the first became scratched. I wasn't ripping anyone off and certainly wasn't going to buy another copy for the car. But I don't download music from a site instead of purchasing it. I truly believe some ethics are larger than technology and a good conscience trumps free music. Following an ancient teaching, "Do not steal" (Exodus 20:15, NIV), actually gives you freedom to live life to the fullest without being trapped in behaviour that only harms yourself or society. Instead, in regard to music I have listened to different artists on YouTube and then have gone out and bought their CDs.
That being said, I'm all for a promotion of change in the laws to something that would make common sense. A new business model built on compromise to the changes over the last ten years would make more sense. I think that if the music industry were to bargain, pacify and balance the actors in this dynamic change (Moyon & Lecocq, 2010), there would be less time and money wasted in the court system and more time and money spent on distributing an inherent humankind desire: listening to good music. I realize developing a new business model is a huge venture, but delivering easy access at low prices will see more people sampling new and old music, and will in turn lead to more purchases. Perhaps the music industry could look at the way mass retailers have been able to be successful. Until that time, I am not going to be donning a tricorn hat anytime soon. It is not a pirate's life for me.
References
Condry, Ian. (2004). Cultures of Music Piracy: An Ethnographic
Comparison of the US and Japan. International Journal of Cultural Studies. 7
(3), pg. 343-363. http://bit.ly/zXhzM
Larry Lessig: Laws that choke creativity. TED Talks (2007). Filmed
March 2007, posted November 2007. http://bit.ly/AY71h
http://www.merriam-webster.com/dictionary/pirate
Moyon, E., & Lecocq,
X. (2010). Co-evolution between stages of institutionalization and agency: The
case of the music industry's business model. Management International,
14(4), 37-53. Retrieved from http://search.proquest.com/docview/792435125?accountid=9744
Steinmetz, K., K. Tunnell (2013). Under the Pixelated Jolly Roger: A
Study of On-Line Pirates. Deviant Behavior. 34 (1), pg. 53-67. http://bit.ly/18enZhg
One of the prime arguments against copyrighting intellectual music property is the view that knowledge should belong to everyone.This is a strong sentiment, particularly prevalent in younger people who view their community as having a right to as much knowledge or music as the next person, therefore illegally downloading music is actually promoting sharing information as a good moral issue. It's simply a matter of sharing and seeding content that is not readily available (Steinmetz & Tunnell, 2013).
Then there is the notion that what's okay for your subculture supercedes the mores of general society. So if your subculture downloads music without paying for it as a way to neutralize the dominant subculture, loyalty to your own isn't viewed as wrong, just defiant(Steinmetz & Tunnell, 2013). Pirates have a code of honour among thieves; loyalty to taking music is considered the same. Plus, if it is so easy to do it isn't one's fault to take what is ripe for the picking.
But is it a case of black and white robbery? There are many who would consider that music copyright laws are not only traducing an age-old practice of singing or listening to any song as a means of expression, whether individual or corportate, but hurting current artists and musicians (Lessig, 2007). Some pirates claim that file sharing actually boosts the artist's presence and thereby brings the artist financial gain and that the music industry isn't being hurt because they're still making a lot of money (Steinmetz & Tunnell, 2013). Some believe the internet has made the music business outdated and that the money should go directly to the artist and not the middleman, plus the idea of remixing and restating a song's message is a part of democratic living and free speech (Lessig, 2007).
Another view of music piracy is that it is a form of rebellion against those who have too much and the pirate is just redressing the wrong. An example is that since the music media moguls take most of the profit and the artist sees little of it, you're just being a modern day Robin Hood (Steinmetz & Tunnell, 2013). And what about those who state that since there is no way to stop access to pirating music, the industry should stop wasting time fighting a battle it can't win?
Where does this leave me? Do I pirate music? This isn't really a new topic. When I was a teenager many people were making copies of their LPs onto cassettes and the discussion would swirl around the ethics of sharing the music. When CDs first came out I would copy my CD so that I could listen to it in the car or have an extra copy in case the first became scratched. I wasn't ripping anyone off and certainly wasn't going to buy another copy for the car. But I don't download music from a site instead of purchasing it. I truly believe some ethics are larger than technology and a good conscience trumps free music. Following an ancient teaching, "Do not steal" (Exodus 20:15, NIV), actually gives you freedom to live life to the fullest without being trapped in behaviour that only harms yourself or society. Instead, in regard to music I have listened to different artists on YouTube and then have gone out and bought their CDs.
That being said, I'm all for a promotion of change in the laws to something that would make common sense. A new business model built on compromise to the changes over the last ten years would make more sense. I think that if the music industry were to bargain, pacify and balance the actors in this dynamic change (Moyon & Lecocq, 2010), there would be less time and money wasted in the court system and more time and money spent on distributing an inherent humankind desire: listening to good music. I realize developing a new business model is a huge venture, but delivering easy access at low prices will see more people sampling new and old music, and will in turn lead to more purchases. Perhaps the music industry could look at the way mass retailers have been able to be successful. Until that time, I am not going to be donning a tricorn hat anytime soon. It is not a pirate's life for me.
References
Condry, Ian. (2004). Cultures of Music Piracy: An Ethnographic
Comparison of the US and Japan. International Journal of Cultural Studies. 7
(3), pg. 343-363. http://bit.ly/zXhzM
Larry Lessig: Laws that choke creativity. TED Talks (2007). Filmed
March 2007, posted November 2007. http://bit.ly/AY71h
http://www.merriam-webster.com/dictionary/pirate
Moyon, E., & Lecocq,
X. (2010). Co-evolution between stages of institutionalization and agency: The
case of the music industry's business model. Management International,
14(4), 37-53. Retrieved from http://search.proquest.com/docview/792435125?accountid=9744
Steinmetz, K., K. Tunnell (2013). Under the Pixelated Jolly Roger: A
Study of On-Line Pirates. Deviant Behavior. 34 (1), pg. 53-67. http://bit.ly/18enZhg