Why should we keep others from selling our work?

Techdirt dis­cusses why you shouldn’t be con­cerned if some­one “steals” your work and sells it, not­ing that “it’s not nec­es­sar­ily a bad thing”:

If some­one actu­ally fig­ures out some­thing that works well, then that’s use­ful info to us, and would allow us to then incor­po­rate those find­ings into our own offer­ing. That’s actu­ally good for everyone…

via Is It Really Such A Problem If People Sell Your Works? Or Is It Just Free Market Research? | Techdirt.

I don’t dis­agree with this rea­son­ing, at least in the case of the pro­fes­sional pro­duc­tion of intel­lec­tual prop­erty (not nec­es­sar­ily for profit), and most espe­cially when the pro­ducer con­tin­ues to pro­duce con­tent. Thus, this idea makes per­fect sense in the case of Techdirt (or most media com­pa­nies, Twitterers, blogs, news­pa­pers, and so on), since their real value is not in any one par­tic­u­lar story, but rather in the rela­tion­ship between readers/​consumers and producers/​innovators.

I do worry about “one-​​off” artists — painters, design­ers, nov­el­ists, musi­cians — any­one who may invest count­less hours in the pro­duc­tion of a sin­gle item that can then be eas­ily repro­duced at vir­tu­ally zero cost. (Note that my above points would apply to a music label, per­haps, or even a movie stu­dio, since they pro­duce a con­stant stream of con­tent which can cre­ate rela­tion­ships.) How do we encour­age the small-​​time inno­va­tor who may not pro­duce more than a few works? How do we keep free-​​riders (I might include music labels and pub­lish­ers in this list…) from dis­cour­ag­ing true, one-​​off inno­va­tions by peo­ple who may not be inter­ested in inno­vat­ing in busi­ness as well?

I do not have a good answer to this, but I think it’s an impor­tant ques­tion. (I also think this pos­si­bil­ity is used by media com­pa­nies to “hide the ball” when it comes to their desire to hold onto prof­itable IP.) If we don’t find some way to resolve it, I sus­pect we may never have proper IP reform that works for the “lit­tle guy.“

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