[T]he real question here is how to divide the value created by the combination of the copyright system and technological innovation, all the while accounting for three important facts: we want both, copyright provides input that makes many of the relevant technologies more valuable, and technological advancement typically makes copyrighted work more valuable too.
Read: Closing Thoughts
The “business models” we should be concerned about are not only those concerned with the creation of music and movies, but also with the development of new technologies for manipulating sound and video. A copyright policy that gives content creators veto power over technological innovation may marginally deter file sharing (I have my doubts) but it will also dramatically affect the pace of innovation in digital media devices.
Read: Copyright and Innovation
Perhaps copyright law can avoid favoring one art form over another. It cannot, however, avoid picking winners and losers.
Read: Copyright’s Losers
I think copyright law should do what it can to accommodate as many business models as plausible. So if new technology can lead to a rebirth of local live performances, copyright law should try to support those efforts. And if Paramount thinks that there is still room for the major motion picture even now, copyright law should again endeavor to leave that door open.
Read: Picking Winners
Any intelligent discussion about copyright and movies must carefully define what it is that the law should safeguard. Is it the artistic use of moving pictures in general, or is it the format of big-budget feature films under conditions established in the last century?
Read: Movies: Major Art or Minor art?