What do we want copyright to do?
Short of this wildly unlikely regulation, full employment in the arts is a beautiful and improbable dream. Certainly, no copyright system can attain this. If copyright is to have winners and losers, then let’s start talking about who we want to see winning, and what victory should be.
In my world, copyright’s purpose is to encourage the widest participation in culture that we can manage – that is, it should be a system that encourages the most diverse set of creators, creating the most diverse set of works, to reach the most diverse audiences as is practical.
Rather than having the right to specify who may use your works, you merely get the right to get paid when the use takes place.
Now, on hearing this, you might be thinking: “Good God, that’s practically Stalinist! Why can’t a poor creator have the right to choose who can use her works?” Well, the reason is that creators (and, notably, their industrial investors) are notoriously resistant to new media. The composers damned the record companies as pirates; the record labels damned the radio for its piracy; broadcasters vilified the cable companies for taking their signals; cable companies fought the VCR for its recording “theft.” Big entertainment tried to kill FM radio, TV remote controls (which made it easy to switch away from adverts), jukeboxes, and so on, all the way back to the protestant reformation’s fight over who got to read the Bible.
So a balanced and evidence-based copyright policy is one that requires creators to show a need for protection, and also that the protection sought will deliver more benefit than the cost it implies.