Live from SXSW: A Creative Market

Friday, March 14th, 2008 by Patrick Ross

AUSTIN, March 14 — My last two blogs have been too lengthy, this one will probably be too short.

I have written extensively over the years about the explosion of new business models that allow creators to distribute their works to consumers in ways consumers want and in ways creators get paid, on their terms. These business models rely on copyright, for without strong copyright laws and enforcement of those laws, there is nothing stopping some consumers from going around the business models and taking what they please. Imposing a licensing regime on artists to "legitimize" theft is also no solution, because it takes away the rights of the creator and makes him or her a serf to the system.

SXSW has shown me that there are still enough people out there who believe in the free market and in copyright that artists and creators may in fact eventually gain respect for their rights from all consumers, not just most. In encounters at various meals and events, and on the trade show floor, I have learned of all sorts of digital ventures that empower musical artists. Some help them promote their works. Some help them sell or otherwise distribut their works directly to fans. Some aggregate the works of many artists and offer alternative download, subscription or streaming services. In fact, I'm meeting with a co-founder of one of these services in a couple of hours.

I looked around the trade show floor and imagined what it would look like if there were no intellectual property rights. First, all of the above services would disappear, emptying about two-thirds of the large room. Then you had a few visual art vendors, selling designs for T-shirts, album covers, etc. They'd have to go as well. Then you had a few magazine and tabloid newspaper vendors hawking their publications that cover the music scene. Sorry, they're gone as well. Now you have an empty room. It would be a good place to hold a concert, assuming you could find an artist who could fill that room and who was still performing without any benefit from copyright.

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