I’ve long been musing about the whole issue of copyright, downloading and paying for entertainment/artistic content. It’s now the end of the Noughties and, as we speak, film studios, media companies and distributors are becoming increasingly hysterical about the effects of the internet, in particular the piracy that occurs through torrents and illegal downloads. The British government is mulling over a bill that would see people losing access to the internet if they are caught downloading copyrighted material, as are other Western governments.
Meanwhile plenty of people are advocating changes to copyright law that acknowledges the current situation: that millions of people download music, movies and TV shows every day without paying for them and that you can’t criminalise the whole world.
If everyone is downloading, does the law even apply anymore?
When it comes to porn, the internet is awash with free adult material. If you wish you can visit a torrent site and download any feature-length porn film you can name, helpfully uploaded by some unnamed masturbator. Or you can visit one of the plethora of free tube sites that feature porn video clips, many of them illegally ripped from membership sites. Beyond that there are millions of small galleries and free sites offering an abundance of porn, all for free.
Part of the reason for all this free porn is the promotional model that first emerged in the late 90s: give people some free photos and advertise at the same time. If the surfer is interested in the samples they will hopefully buy a membership to see more explicit pics.
Unfortunately the “sample” model turned into the “here’s the whole shebang” model and suddenly people didn’t need to pay money to see the hardcore stuff because it was absolutely everywhere and freely available.
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The end result of all this free porn on the internet is the decline of the mainstream porn industry. As we speak some of the major adult companies are struggling to stay afloat. Porn stars are getting less work and they’re being paid less because the money is no longer there.
Too bad, I hear you say. It’s time the rich media companies stopped ripping us all off.
This is the usual thing I hear in defence of downloading, especially with regards to Hollywood movies and major record companies. The big wigs have had control of the business for too long, they’ve starved out competitors and encouraged crap product at the expense of good artists. The model is stale and cynical and is not giving us what we want. So who cares if they lose money, they’ve got heaps of it anyway. And it’s time things changed.
And I kind of agree, in a way. The distributors and the executives and the parasites need to be scraped away from the creation of good art. It’s time we cut out the middle man and found a better way for artists to get their product out there.
But here’s my problem. Amid all this “Robin Hood” downloading I’m also seeing plenty of theft that is hurting smaller producers. I’m talking about the filmmakers, actors, writers and artists who don’t have a big company behind them. They’re creating self-produced porn with their own money, putting a lot of time, effort and love into making something they think is worthwhile. It can take years for a single film to be made involving vast amounts of work, often without pay, to see a vision realised. And then there’s the endless wrangling with distributors and gatekeepers, trying to get the movie out to the audience.
And what happens then? Some asshole rips it and puts it on a torrent.
Too bad, goes the argument. They should just be happy that people are watching their film in the first place. Art shouldn’t come with a price tag, right?
This seems a delightfully lofty ideal and it’s one that we all might aspire to. Unfortunately, here in the real world, things don’t work that way. We live in a capitalist society where people need to work to make money to live. If you choose to pursue filmmaking rather than, say, an office job, you choose to live on the breadline. Sure, you could try and do both but it’s a great deal harder to come up with good art.
So firstly, if we accept that people deserve money for effort then demanding that they offer that effort for free is not fair.
Secondly, if someone puts time and money into a film and it doesn’t pay the bills (or the loan) because people refuse to buy then they are highly unlikely to make a second film. And if their first film is really good then there’s no chance to further enjoy that person’s unique perspective.
Making good porn requires money. Sure, anyone can grab their camcorder and film themselves fucking in a dimly lit room. That’s amateur porn and yes, it has plenty of fans. But if you want porn that has decent lighting, sound, sets, camerawork, costumes and actors, you need to start forking out the cash to make that happen. Even simple low-budget stuff can’t be done properly unless you have money. I know this, I’ve done it.
And if you want to go a step further and create porn that breaks the mould, that tries new ideas, that explores weird fantasies or breaks taboos AND is ethically made, you definitely need money. That’s just how it works. The simple ethical idea of treating performers with respect means you have to pay them properly. And that takes money.
Someone asked where they could find feminist porn for free. The answer is, you won’t find a lot of the new wave of independent feminist porn without paying for it. And nor should you. The people who are forging a new path in the porn industry, creating female-friendly erotica with feminist/humanist ethics and high aesthetic value are all doing it without the support of any major players. We’re all small-time in the broad scheme of things.
So many of the filmmakers I met in Berlin are struggling, trying to get their work out there while being ignored by the mainstream porn industry that refuses to believe that women even like porn. They’re self-publishing and distributing, working their butts off trying to get their product out into the marketplace. They may be offering samples of their work, but nobody can afford to just give the whole thing away.
I’m speaking here as a porn producer and artist but I should point out that I’m also a consumer. A few years ago I did my share of downloading on a file sharing site – and I will still do it occasionally when it’s apparent I can’t find and pay for what I want through standard channels (and this I understand is one of the reason many people do download – so many media companies still haven’t “got it” with regards to the internet). But I did make an ethical choice to stop downloading indiscriminately because I felt that what I was doing was ultimately not fair to the artists.
And this is what I want to advocate in this long and rather painful post. We as surfers need to put the brakes on and start to adopt some ethics when it comes to downloading. If we want to see copyright laws loosened then we damn well need to take some responsibility on our end.
Here are my suggestions for the ethical consumption of online media:
- If a movie or song is by an independent artist, make an effort to find their website and buy it directly off them. You will undoubtedly get it cheaper, possibly personalised and you know they’re getting compensation for their hard work that made you happy.
- If you’ve already downloaded something and you really like it, make an effort to buy the official version. Or if it’s not in buyable form, make a donation.
- If you like something, recommend it to your friends.
- If a movie/song/website is making an effort to cater to you and is offering high quality stuff that you can’t normally get elsewhere, pay for it. You are paying for ethics and quality, in much the same way you pay more for free range eggs.
- Don’t assume that everything should be free or begrudge having to pay. It’s not fair to the artist and will ultimately result in less content being created.
Things are still a jumbled mess when it comes to copyright and the world of entertainment feels like it’s on the cusp of a huge change. Everything is going to be delivered digitally in the future and the big media companies can see themselves being squeezed out. I’m not going to mourn them. It’s going to be great when every individual artist is able to make a living by communicating directly with their audience.
BUT
The online audience has to come to the party. If we want the brave new world that is the internet then it can’t all be free.
* The above pic is a screenshot from Grahame Linehan‘s hilarious spoof of that annoying anti-piracy ad in the IT Crowd. Mr Linehan is a vocal advocate for loosening copyright laws and not prosecuting people for file sharing. He’s also hilarious.
I don’t download free torrents because I don’t trust them for not giving me a virus, and because VOD is so cheap, I’d rather pay for it. I also like to support the porn producers/directors I like by paying for it so hopefully, they can make a living and keep producing more. Good points!
Ahhh . . . good post.
My big beef is with the people who do the actual ripping and posting, and less with the people who download it. The people who make it available are the ones who should be prosecuted and punished. It takes a much bigger type of entitled, co-opting asshole to do the stealing and posting than to be the person who’s like, “I can’t afford to buy this anyway and since it’s here, I’m going to take it”.
If no one stole and posted to torrent sites, passhack sites, etc., then no one would be able to download the big stuff. I think taking stuff for free is usually wrong, but in most cases it’s just unforgivable to sit there uploading shit to torrent and tube sites. I can’t even imagine being that kind of asshole.
You’re right Trixie. Perhaps I need to add that to my list of ethics: don’t upload things!