The power of commercial television comes, of course, from corporate sponsorship, typically via advertisements. Without sponsorship from wealthy corporations, a few channels would be unlikely to be able to maintain their dominant positions. If a society of small enterprises is imagined — whether run by owners or worker collectives — there would be no basis or reason for large-scale sponsorship of mass media.
Corporations and governments also are crucial in maintaining the position of large-circulation newspapers. In many countries the dominant newspapers are government owned and produced. In capitalist societies, advertisements are essential to keep the purchase price down. Without advertisements, the size of the papers would shrink and the price would jump, leading to a decline in circulation. This would make the newspapers more similar to current-day alternative newspapers and magazines, which typically require contributions above and beyond subscription fees in order to stay afloat. Governments also help maintain large-circulation commercial newspapers in various indirect ways, including high postal rates for alternative media, defamation law (which can bankrupt small publishers — see chapter 6), and copyright (which enables monopoly profits — see chapter 3).
Governments and large corporations support the mass media, and vice versa. Of course, there are many conflicts between these powerful groups, such as when the media criticise particular government decisions or corporate actions, and when government or corporations try to muzzle or manipulate the media. But at a more fundamental level, these institutions reinforce each other. Without government and corporate support, the mass media would disintegrate. With participatory media instead of mass media, governments and corporations would be far less able to control information and maintain their legitimacy.
In terms of strategy, the implication of this analysis is that challenges to the mass media, and the strengthening of network media, should be linked to challenges to monopoly capitalism and the state. To bring about participatory media, it is also necessary to bring about participatory alternatives to present economic and political structures.
Conclusion
In order for any significant shift away from the mass media to occur, there must be a dramatic shift in attitudes and behaviours. People who neither watch television nor read newspapers are now commonly seen as eccentrics. A shift needs to occur so that they are supported, and it is the heavy consumers of the mass media who are given little reinforcement. Such shifts are possible. For example, anti-smoking activism has dramatically changed attitudes and policies in a few countries about smoking in public.
In order for withdrawal from using the mass media to become more popular, participatory media must become more attractive: cheaper, more accessible, more fun, more relevant. In such an atmosphere, nonviolent action campaigns against the mass media and in support of participatory media become more feasible. Such campaigns, especially if supported by social movements, in turn make changes in personal media habits more likely and acceptable. This, in outline, is one way that the mass media might be undermined. But it will not be an easy or quick operation. In so far as modern society is ever more based on information and knowledge, the mass media are increasingly central to the maintenance of unequal power and wealth. This is all the more reason to give special attention to the task of achieving a society without mass media.
3. Against intellectual property
There is a strong case for opposing intellectual property. Among other things, it often retards innovation and exploits Third World peoples. Most of the usual arguments for intellectual property do not hold up under scrutiny. In particular, the metaphor of the marketplace of ideas provides no justification for ownership of ideas. The alternative to intellectual property is that intellectual products not be owned, as in the case of everyday language. Strategies against intellectual property include civil disobedience, promotion of non-owned information, and fostering of a more cooperative society.
The original rationale for copyrights and patents was to foster artistic and practical creative work by giving a short-term monopoly over certain uses of the work. This monopoly was granted to an individual or corporation by government. The government’s power to grant a monopoly is corrupting. The biggest owners of intellectual property have sought to expand it well beyond any sensible rationale.
There are several types of intellectual property or, in other words, ownership of information, including copyright, patents, trademarks, trade secrets, design rights and plant breeders’ rights. Copyright covers the expression of ideas such as in writing, music and pictures. Patents cover inventions, such as new substances or articles and industrial processes. Trademarks are symbols associated with a good, service or company. Trade secrets cover confidential business information. Design rights cover different ways of presenting the outward appearance of things. Plant breeders’ rights grant ownership of novel, distinct and stable plant varieties that are “invented.”
The type of property that is familiar to most people is physical objects. People own clothes, cars, houses and land. But there has always been a big problem with owning ideas. Exclusive use or control of ideas or the way they are expressed doesn’t make nearly as much sense as the ownership of physical objects.
Many physical objects can only be used by one person at a time. If one person wears a pair of shoes, no one else can wear them at the same time. (The person who wears them often owns them, but not always.) This is not true of intellectual property. Ideas can be copied over and over, but the person who had the original copy still has full use of it. Suppose you write a poem. Even if a million other people have copies and read the poem, you can still read the poem yourself. In other words, more than one person can use an idea — a poem, a mathematical formula, a tune, a letter — without reducing other people’s use of the idea. Shoes and poems are fundamentally different in this respect.
Technological developments have made it cheaper and easier to make copies of information. Printing was a great advance: it eliminated the need for hand copying of documents. Photocopying and computers have made it even easier to make copies of written documents. Photography and sound recordings have done the same for visual and audio material. The ability to protect intellectual property is being undermined by technology. Yet there is a strong push to expand the scope of ownership of information.
This chapter outlines the case against intellectual property. I begin by mentioning some of the problems arising from ownership of information. Then I turn to weaknesses in its standard justifications. Next is an overview of problems with the so-called “marketplace of ideas,” which has important links with intellectual property. Finally, I outline some alternatives to intellectual property and some possible strategies for moving towards them.
Problems with intellectual property
Governments generate large quantities of information. They produce statistics on population, figures on economic production and health, texts of laws and regulations, and vast numbers of reports. The generation of this information is paid for through taxation and, therefore, it might seem that it should be available to any member of the public. But in some countries, such as Britain and Australia, governments claim copyright in their own legislation and sometimes court decisions. Technically, citizens would need permission to copy their own laws. On the other hand, some government-generated information, especially in the US, is turned over to corporations that then sell it to whomever can pay. Publicly funded information is “privatised” and thus not freely available.[1]
1
Dorothy Nelkin,