Three years ago I published a book of short stories in Israel. The publishing house belongs to Israel's leading (and exceedingly wealthy) newspaper. I signed a contract which stated that I am entitled to receive 8% of
income from
sales of
book after commissions payable to distributors, shops, etc. A few months later (1997), I won
coveted Prize of
Ministry of Education (for short prose). The prize money (a few thousand DMs) was snatched by
publishing house on
legal grounds that all
money generated by
book belongs to them because they own
copyright.In
mythology generated by capitalism to pacify
masses,
myth of intellectual property stands out. It goes like this: if
rights to intellectual property were not defined and enforced, commercial entrepreneurs would not have taken on
risks associated with publishing books, recording records, and preparing multimedia products. As a result, creative people will have suffered because they will have found no way to make their works accessible to
public. Ultimately, it is
public which pays
price of piracy, goes
refrain.
But this is factually untrue. In
USA there is a very limited group of authors who actually live by their pen. Only select musicians eke out a living from their noisy vocation (most of them rock stars who own their labels - George Michael had to fight Sony to do just that) and very few actors come close to deriving subsistence level income from their profession. All these can no longer be thought of as mostly creative people. Forced to defend their intellectual property rights and
interests of Big Money, Madonna, Michael Jackson, Schwarzenegger and Grisham are businessmen at least as much as they are artists.
Economically and rationally, we should expect that
costlier a work of art is to produce and
narrower its market -
more emphasized its intellectual property rights.
Consider a publishing house.
A book which costs 50,000 DM to produce with a potential audience of 1000 purchasers (certain academic texts are like this) - would have to be priced at a a minimum of 100 DM to recoup only
direct costs. If illegally copied (thereby shrinking
potential market as some people will prefer to buy
cheaper illegal copies) - its price would have to go up prohibitively to recoup costs, thus driving out potential buyers. The story is different if a book costs 10,000 DM to produce and is priced at 20 DM a copy with a potential readership of 1,000,000 readers. Piracy (illegal copying) should in this case be more readily tolerated as a marginal phenomenon.
This is
theory. But
facts are tellingly different. The less
cost of production (brought down by digital technologies) -
fiercer
battle against piracy. The bigger
market -
more pressure is applied to clamp down on samizdat entrepreneurs.
Governments, from China to Macedonia, are introducing intellectual property laws (under pressure from rich world countries) and enforcing them belatedly. But where one factory is closed on shore (as has been
case in mainland China) - two sprout off shore (as is
case in Hong Kong and in Bulgaria).
But this defies logic:
market today is global,
costs of production are lower (with
exception of
music and film industries),
marketing channels more numerous (half of
income of movie studios emanates from video cassette sales),
speedy recouping of
investment virtually guaranteed. Moreover, piracy thrives in very poor markets in which
population would anyhow not have paid
legal price. The illegal product is inferior to
legal copy (it comes with no literature, warranties or support). So why should
big manufacturers, publishing houses, record companies, software companies and fashion houses worry?
The answer lurks in history. Intellectual property is a relatively new notion. In
near past, no one considered knowledge or
fruits of creativity (art, design) as "patentable", or as someone's "property". The artist was but a mere channel through which divine grace flowed. Texts, discoveries, inventions, works of art and music, designs - all belonged to
community and could be replicated freely. True,
chosen ones,
conduits, were honoured but were rarely financially rewarded. They were commissioned to produce their works of art and were salaried, in most cases. Only with
advent of
Industrial Revolution were
embryonic precursors of intellectual property introduced but they were still limited to industrial designs and processes, mainly as embedded in machinery. The patent was born. The more massive
market,
more sophisticated
sales and marketing techniques,
bigger
financial stakes -
larger loomed
issue of intellectual property. It spread from machinery to designs, processes, books, newspapers, any printed matter, works of art and music, films (which, at their beginning were not considered art), software, software embedded in hardware, processes, business methods, and even unto genetic material.
Intellectual property rights - despite their noble title - are less about
intellect and more about property. This is Big Money:
markets in intellectual property outweigh
total industrial production in
world. The aim is to secure a monopoly on a specific work. This is an especially grave matter in academic publishing where small- circulation magazines do not allow their content to be quoted or published even for non-commercial purposes. The monopolists of knowledge and intellectual products cannot allow competition anywhere in
world - because theirs is a world market. A pirate in Skopje is in direct competition with Bill Gates. When he sells a pirated Microsoft product - he is depriving Microsoft not only of its income, but of a client (=future income), of its monopolistic status (cheap copies can be smuggled into other markets), and of its competition-deterring image (a major monopoly preserving asset). This is a threat which Microsoft cannot tolerate. Hence its efforts to eradicate piracy - successful in China and an utter failure in legally-relaxed Russia.
But what Microsoft fails to understand is that
problem lies with its pricing policy - not with
pirates. When faced with a global marketplace, a company can adopt one of two policies: either to adjust
price of its products to a world average of purchasing power - or to use discretionary differential pricing (as pharmaceutical companies were forced to do in Brazil and South Africa). A Macedonian with an average monthly income of 160 USD clearly cannot afford to buy
Encyclopaedia Encarta Deluxe. In America, 50 USD is
income generated in 4 hours of an average job. In Macedonian terms, therefore,
Encarta is 20 times more expensive. Either
price should be lowered in
Macedonian market - or an average world price should be fixed which will reflect an average global purchasing power.
Something must be done about it not only from
economic point of view. Intellectual products are very price sensitive and highly elastic. Lower prices will be more than compensated for by a much higher sales volume. There is no other way to explain
pirate industries: evidently, at
right price a lot of people are willing to buy these products. High prices are an implicit trade-off favouring small, elite, select, rich world clientele. This raises a moral issue: are
children of Macedonia less worthy of education and access to
latest in human knowledge and creation?