Having been on the road for the better part of this week, I
just got around to reading Tim Parks’ “
Does
Copyright Matter?” post to the NYRBlog. The first thing Parks does is lay
the groundwork for why we have copyright law at all:
You will only have copyright in a society that places a very
high value on the individual, the individual intellect, the products of
individual intellect. In fact, the introduction of a law of copyright is one of
the signs of a passage from a hierarchical and holistic vision of society, to
one based on the hopes and aspirations of the individual.
While searching through this site to see what I had written
about copyright in the past, I discovered that Parks had echoed an observation
from Northrop Frye’s
Anatomy of Criticism. Here is how I
summarized
Frye’s position in that book:
I had forgotten that in this book Frye had coined the phrase
"copyright age" to express how he felt our view of artistic
creativity had been corrupted. This term reflected what Frye called "a
tendency, marked from Romantic times on, to think of the individual as ideally
prior to his society." His point was that all creativity takes place in a
context of established conventions; and the problem with the priority he was
considering was that all attention was focused on the individual creator,
rather than the contextual influences of prevailing conventions under which
creation took place.
The point I was making was that the very nature of
creativity
is in dialectical opposition to the concept of intellectual property, to
the point that prioritizing property has a corrupting influence on creativity.
Thus, in Parks’ observation, it is not just that the individual is valued but
that the value itself has been reduced to material terms, namely the monetary
value of “property objects.” Thus, while
Niall
Ferguson may have a point that money is a necessary element in the “ascent”
of civilizations, the consequence is that, as a culture, that “advanced”
civilization tends to address the concept of “value” only in terms of a
monetary quantity. The result is a parallel “ascent” of “market-driven art,” most
recognizable recently in the work of
Damien
Hirst. Whether or not this constitutes advancement is left as an exercise
for the reader!
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