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Home Publications Blogs Beat the Press Stanley Fish Gets It Wrong Big-Time on Inequality

Stanley Fish Gets It Wrong Big-Time on Inequality

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Friday, 27 January 2012 05:41

In a NYT column on inequality and fairness, Stanley Fish told readers:

"Americans don’t mind if income is redistributed as long as it is done by market forces and not the government. Income equality is fine if it is 'naturally' achieved, but if it is socially engineered it can be perceived as class warfare, a plot against the well-to-do."

Three paragraphs later he poses the rhetorical question:

"Is it fair that Internet pirates in China can appropriate without paying for it the intellectual property of Americans who rely for their income on ideas they have copyrighted?"

The problem here is that copyright is social engineering. It is a government policy that redistributes money from the rest of us to the likes of Time-Warner, Disney, and Lady Gaga. The overwhelming majority of revenue raised through the copyright system goes to the entertainment corporations and a very small number of individuals. The vast majority of creative workers make little or nothing through the copyright system.

It is necessary to finance creative work, but copyright is an extremely inefficient tool for this purpose. (Here's one alternative.) It creates an enormous gap between the price and marginal cost of a product. Economists usually get upset when a tariff or other trade barrier raises the gap between price and marginal cost by 10-20 percent. In this case, items that would be free without a copyright monopoly, instead can be quite costly. This implies enormous economic losses.

In addition the enforcement of copyright is extremely expensive, especially in the Internet Age. The difficulties of enforcing this archaic system is the motive behind bills like SOPA, which would have imposed enormous costs on intermediaries to ensure that they were not being used to transfer unauthorized copies of copyrighted material. 

It is also striking that Fish makes the reference to copyright specifically in regard to China's respect for U.S. copyrights. This is noteworthy because the demand for China to respect U.S. intellectual property comes to some extent as a trade-off for raising the value of its currency against the dollar.

China clearly will not give the United States everything that may be on its wish list when they negotiate. This means that the more concessions it gets in an area like respecting intellectual property, the less it will get in other areas, like raising the value of the yuan against the dollar. This is directly related to inequality, since a sharp rise in the value of the yuan would lead to many more manufacturing jobs in the United States, which in turn would increase employment opportunities and wage growth for non-college educated workers.

In short, the example that Fish wants to give as a case of fairness -- China should respect U.S. intellectual property claims -- is actually the opposite on closer inspection. It is one of the ways in which government policy is social engineering designed to redistribute income upward.

[Thanks to Keane Bhatt for this one.]

Comments (10)Add Comment
Join the NRA to Fight SOPA - Don't Blame Producers of Guns or IP, Low-rated comment [Show]
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written by liberal, January 27, 2012 8:15 AM
The problem here is that copyright is social engineering. It is a government policy that redistributes money from the rest of us to the likes of Time-Warner, Disney, and Lady Gaga. The overwhelming majority of revenue raised through the copyright system goes to the entertainment corporations and a very small number of individuals. The vast majority of creative workers make little or nothing through the copyright system.


A good example. But a much, much better example is land.

Government has deliberately decided to grant land titles, allowing private parties exclusive use of land parcels. That denies other parties the freedom to use the land, even though the parties possessing the titles didn't create the land. (Nor did the parties they "bought" it from.)

In exchange for denying others' freedom, the possessors of the titles should be levied an annual charge, equal to as high a fraction of the annual land rent as possible.

But the social engineers have chosen not to do that.

Note that annual land rent in the US (despite the claims of the no-nothing economics profession otherwise) is between 10% and 20% of GDP.

That's a lot larger than the rents flowing to copyright. (Not that I disagree with you at all on the way you present the copyright issue.)
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written by liberal, January 27, 2012 8:22 AM
Addendum:
no-nothing ==> know-nothing

And this isn't the first time Stanley Fish has revealed himself to be a gigantic sphincter.
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written by Eleanor, January 27, 2012 9:55 AM
I downloaded your article and read the summary. The idea is worth exploring, though I don't know if enough people would avail themselves of the tax break and donate. You are right that very few artists benefit from copyright. Typically most books don't stay in print long, and most of the money the writer makes is made via an advance or shortly after publication. But there are books that stay in print and sell slowly for many years. The five year copyright would harm those writers. In my case, I would trade all my copyrights for a $40,000 a year income plus health insurance, always an issue for free lance writers.
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written by kharris, January 27, 2012 10:19 AM
The land example raises other issues. Property rights, while lauded as holy and natural and a yummy, really serve a couple of purposes. One is to allow management of an asset to increase output. The other is to concentrate wealth. (You take the good with the bad, I suppose.) Seen this way, land tenure serves as a model for assessing other forms of government intervention. To what extent does the intervention improve general welfare by allowing better management of resources? To what extent does intervention serve to concentrate wealth?

Political incentives are at best neutral as regards general welfare here, and very likely contrary to general welfare. Politicians benefit from the concentration of wealth. Easier to let a private interest gather up money and then get the private interest to bribe the politician, than to extract little bribes from vast numbers of people.

The argument made for copyrights is the general welfare argument. Baker's point is that that argument is wrong. That leaves the political incentive of piling up wealth and extracting bribes are the explanation for copyright. If you look into the early days of copyrights, turns out extracting money from copyright holders was precisely the reason for creating copyrights.
Good for Cousin Jimmy and the Slammers
written by Andrew Clearfield, January 27, 2012 12:15 PM
One big problem with your AFV proposal is that it provides no way to ensure that people donate their $100 to musicians that they actually listen to. Example: I have a cousin who plays in a crappy band. I don't ever listen to his songs. I do listen to Bruce Springsteen. My money should, it would seem, go to Springsteen, but under the AFV I would surely donate my money to my cousin (who I like very much; Springsteen I have no feelings for).

If other people acted like me (and I think they would), the AFV system would cause a huge redistribution of money from good musicians to bad musicians (and authors etc.). You want to talk about market inefficiencies - how about having all of those extra musicians who really should be doing some other job able to stay in the music business instead? Not quite as bad as having our best engineers designing CDO's, but still.
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written by fuller schmidt, January 27, 2012 2:47 PM
Great article and comments.
Let's get real
written by Luke Lea, January 27, 2012 3:01 PM

If "natural" means competing with a billion hands on the other side of the world, living in semi-servitude in a communist state, and working for 32 cents an hour, then I'm agin' it.

Keep in mind, the "natural" distribution of income in a market economy is "efficient" given an initial distribution of capital. But if the "given" distribution is itself unjust, there is nothing just about the resulting inequality in consumption.

So what is capital and where did it come from? It is the accumulated crimes and sacrifice of centuries, plus interest. Those who control it are its stewards only. They hold it in trust to the rest of us and are not entitled to all of its fruits.

As Irving Fisher, Maynard Keynes, Milton Friedman, and many other economists have acknowledged in principle, wage subsidies financed by a graduated expenditure tax is a justifiable policy response to wealth inequality, being consistent with an efficient allocation of capital resources and with a high rate of investment and growth. This is because it makes net savings tax exempt.

Moreover a graduated expenditure tax (GET) treats all forms of income the same. Thus it can replace all other forms of taxation (including estate taxes, capital gains taxes, and corporate income taxes) with no loss of equity.

It is also compatible with free trade with poor countries like China, with no loss of equity. (Though the latter may be inadvisable on other (political, military) grounds.

In the final analysis social equity is all about consumption, not income. It is closely related to real hourly wages after taxes and after transfer payments in the form of wage subsidies. It does not interfere with market wages -- or with market profits for that matter. Nor does it worry about income inequalities as long as they are a result of free competition in open markets.

Plus if doctors' wages were subsidized as the same percentage rate as all other wages, you could have your free trade in those services as well with much less professional opposition (though personally I would have qualms about stripping poorer countries of all their trained medical personnel).

[but, hell, I can't write and I'm way over the hill, so what do I know?]



Distribution.
written by Gerry Flaychy, January 28, 2012 10:01 AM
"It is one of the ways in which government policy is social engineering designed to redistribute income upward. " Dean Baker
Beside this upward distribution, we have not to forget the direct distribution to this upward portion, namely, the distribution of money to the richest among the richest, that is to say, the primary dealers.
Fish Trolls You
written by Lars Olsson, January 28, 2012 11:48 AM
Anyone who would like a hilarious takedown of Fish from a couple of years ago should NOT miss this: http://www.sadlyno.com/archives/26924.html

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About Beat the Press

Dean Baker is co-director of the Center for Economic and Policy Research in Washington, D.C. He is the author of several books, his latest being The End of Loser Liberalism: Making Markets Progressive. Read more about Dean.

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