My opinion has waffled over the years on the topic of how an artist should manage or deal with their copyright or intellectual property with respect to fan usage / abuse, particularly on the internet (although the issue is not new and it certainly predates the internet). I recognize the importance of protecting intellectual property but, does an artist personally going after an individual(s), usually a fan(s), really serve a purpose
IN THE LONG RUN?
OK, so here is The Artist Formally Known as a Symbol suing an individual, presumably a big fan that distributed bootlegs of his concerts, for $1,000,000 in damages. Assuming for the sake of discussion that the fan was not profiting off of the bootlegs, is there really a good argument for aggressive litigation against a fan, doing something that a very obsessive fan does even though it is very legally dumb? I just envision a 30–something year old dude living in his mother’s basement, without a real grasp of the legal system or the implication of his actions, whose net worth is probably less than 1% of the artist’s, getting hit with a million dollar lawsuit.
Going beyond any short term legal gains and I would think something that is far more important, is the question: what is the legacy an artist wants to leave? People’s lives, especially artists, can be complex at many levels. Artists can have moments of brilliance that positively impact the world while simultaneously dealing with destructive demons (wow, I sound like a Behind the Music narrator). Fans and detractors alike will dissect an artist’s life and impact on society long after the artist has left this world.
Take Metallica’s Lars for example. If Metallica just simply aged into obscurity, I think (and this is my opinion so don’t get your undies all bunched up) people might say they were an influential metal band and that Lars was like the Ringo of metal drummers. But, when I and many others think of Metallica, it goes past the music to their high profile assault of individuals who used their music. The Napster thing was misguided in my opinion but not the worst of it. There was a cringe worthy (bordering on the bizarre) YouTube video out there of Lars where he called out a fan (a young girl if my memory serves me correctly) by name for posting a video of herself playing a Metallica cover. Maybe that is the image he/they want to portray and they envision themselves as stalwarts defenders of the artistic communities property but for me, I see it simply as a distraction.
And just to play an annoying devil’s advocate, I would venture to take a guess and say that if we turned the tables (how many clichés can I use in one sentence) we may find that these artist’s personal and professional dealing are not all completely legal but we choose as a society to let things slide (use your imagination) except of course for the IRS.
I am NOT suggesting that musicians simply ignore the inappropriate use of their property. Unfortunately, there is no simple solution to managing the music once it is out in the ether. I am just of the mind that an artist simply intimidating fans overzealously celebrating their stardom (i.e., stealing from them) ultimately doesn’t serve the music.