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Scott Conner












Brian
The Whole Scans_Daily Thing
So, in case you were living under a rock, Scans_Daily was a LiveJournal community where users would post pages from comic books. Sometimes they were new releases, sometimes they were older books, sometimes they were out of print books. Sometimes it was just a page or two, sometimes it was a lot of pages. Sometimes the intent was to share favorite titles, creators, characters, or moments with other users in the hopes of spreading interest in those titles, etc.; sometimes it was to mock them.
And it was shut down.
I happen to have spent the last eight years at a weird intersection of copyright law, intellectual property, fair use, and profit,. So, I’m going to talk about this for a little bit.
First of all, unless you are a lawyer specializing in copyright and IP law, there’s a 95% chance that most of what you know about copyright is wrong. Don’t feel bad, many companies have spent many millions of dollars for the better part of a century to inculcate their idea of copyright into the public consciousness, and that happens to be the version that you’re always seeing on the news. And, big surprise, their idea of copyright is the antithesis of what it’s meant to do.
The short version of what copyright is meant to do: The purpose of a copyright is to 1) protect creative works so that their authors are able to profit from them for 2) a limited time. The first part exists so a segment of the population is encouraged to create things for the benefit of the rest of their society. “Entertainment” is the most obvious example of this “benefit”, whether it be comics or music or whatever, but the general idea is that culture as a whole is improved if there are people dedicated to constantly adding to it. The second part exists to encourage authors to continue creating because their right to profit from a particular work will eventually run out. Again, the idea is that a culture is improved if there are people dedicated to constantly adding to it. This doesn’t mean “adding to it once…80 years ago.” Additionally, the temporary nature of the original author’s right to profit from a work is meant to allow new authors to reinterpret older material for a new generation. That’s not an inference, it’s intent. The main concern when first drafting copyright law was to balance an author’s right to profit so he would create with the society’s right to access that material so new authors could profit from re-invention. This is how you keep a culture growing and thriving.
To put the above more concisely: the way copyright law is meant to work necessarily includes the original author’s rights lapsing so that new authors may play with their works.
Now, this doesn’t have much to do with the Scans_Daily in particular, but I imagine there’s at least a few of folks out there for whom the above is completely at odds with their understanding of copyright as a black and white concept meant to prohibit others from ever toying with a given work, so it should highlight just what a parody copyright law (the its perception) has become since Disney figured out that Walt had died.
Regarding Scans_Daily: it was absolutely within Marvel’s rights, or the rights of any publisher with material posted at Scans_Daily, to take action against LiveJournal. That doesn’t mean it was smart, but it was their right to do so. Getting angry at them for exercising their rights and, from their perspective, protecting their property is just stupid.
I imagine the concern is that people will not go out to buy comics if they are able to read “the important parts” for free online. I’ll be as favorable as I can and just say this is naive.
If you know enough about comics to visit Scans_Daily, then you know enough about comics to know that every title, needs every sale it can get — especially the mid-list and indie books that made up the bulk of S_D’s posts. Therefore, if you discover a title that appeals to you, you will seek it out and support it when previously it’d have gone completely under your radar. People who read comics love comics. No one goes out of his or her way to not buy a title he or she enjoys. There is not a single comics reader alive who will read a few pages, have their minds blown by how much they love them, and then say, “I can’t wait to not buy that!” We know titles need our dollars, therefore any service that helps us to make informed decisions about how to best spend our dollars on the titles we most love is beneficial to readers and publishers.
Now, as Peter David asserts, this is anecdotal evidence made all the more dubious when one considers the overall decline in comics sales in the last five years. I’m not sure it’s a “decline” if 2008 sold more than 2007 sold more than 2006 and so on. I suppose we can note that the rate of increase has decreased in the last few years, but that’s not quite the same thing. And in any case, Mr. David also asserts that we can’t tie the “decline” to Scans_Daily or increased DVD sales or video games or neutrinos puncturing the Earth — we just don’t have the data to make informed claims whether something like Scans_Daily affects sales at all.
Maybe we don’t have the data, but I think we can make informed inferences. They do this all the time in science, so why can’t we? Hell, it took them over fifty years to experimentally confirm relativity: until then it was just inferred from other observations.
Mr. David asserts that Scans_Daily can only hurt sales of comic books because no one has to buy a comic with pages posted to Scans_Daily. All you have to do is go online, read a few pages for free, and you’re able to “keep up” with your favorite titles without having to pay for them. This is a gross misunderstanding of how comics fans think, but let’s assume that it makes sense for people to do this.
Parts of a work would be posted at Scans_Daily primarily to convince other users that the full product was worth supporting by making available a piece of the whole for free. Think of Apple’s Movie Trailers if they occasionally posted trailers for classics and stinkers from bygone eras. And while it’s true that a movie trailer may turn you away from going to see a movie, the purpose of a trailer is to convince you to see a movie using pieces of a whole. Do you really think anyone watched the Iron Man trailer and said “Ah-ha! Now I don’t need to see the movie, joke’s on you Marvel! Ahahahahaha!”
Yeah, no.
One could counter the comparison by saying that a single page represents a far greater portion of the whole issue than a trailer represents of a whole movie. And since most Scans_Daily posts included multiple pages, well, I don’t know of many trailers that last thirty minutes! And that’d be a right nice counter if we ignore the on-going nature of comic books. It’s not posting, say, 5 pages out of 22. It’s posting 5 pages out of many hundreds or thousands. So, I’ll stand by the trailer comparison, thanks. Scans_Daily was as harmful as watching the coming attractions at the theater. Hell, starting with Vol 3, I was going to start posting pages of every issue at S_D to promote the title.
All the talk about S_D is ultimately pointless anyway. It’s Marvel company policy to enforce its copyright and they certainly weren’t in the wrong to do so here. I’ll even go so far as to say Marvel’s legal team wasn’t being myopic and heavy handed in their dealings with LiveJournal over Scans_Daily. But only because I’m (perhaps unrealistically) hopeful that someone over at Marvel has brains enough to be setting up their own robust and comprehensive paid online distribution system* for back issues (or at least out of print material), so it’s in their own best interests to make sure that when you think Marvel Comics Online, you do not think about LiveJournal.com.
Besides, do you really think there isn’t a replacement already up and running? Really?
*A much better one than the half-assed system they currently have, I mean.