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Law in Contemporary Society
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The Music Industry, Indie Comics, and the Legal Profession-- By DanielKenkel - 02 Jul 2012The State of Creative IndustriesThe Music IndustryFor the better part of the 20th century, the music industry was set up as follows. A young musician would set out to become rich and famous. If they were talented enough, or distinct enough, or attractive enough, or otherwise sufficiently marketable, a record production company would offer them a contract. From that point on until the contract ran out, the record company owned the recordings of the artist’s music. Record companies would sign dozens or hundreds of musicians and, through the false promise of money and fame, force them to churn out music in whatever style was popular. If a musician wouldn’t play ball, they could be removed and replaced with someone who would; no need to even change the name of the band.The Comic Book IndustryThe comic book industry followed a similar pattern, although obviously with much less fame and money on the table. Creators would sign with one of the big publishers, and for the duration of their contract, would own everything those creators produced. Editors would constantly force writers and artists to conform to the styles that the editors thought would sell comic books best. Job security was minimal; if someone was not producing what the company wanted them to, they were removed, and the company gave their creations to someone else.The Legal ProfessionIn many ways, the law firm system is like the music and comic book industries. Despite the fact that lawyers may not think of themselves as “creative types,” Professor Moglen has made clear on several occasions that one of the most important traits a lawyer can have is creativity. Law firms are set up to sign dozens or hundreds of young lawyers to contracts, and, through the promise of a nice pay check, have them curb their creativity and put out exactly the work the firm wants them to. If they stray too far from the company line, they can be replaced. I, for one, have no desire to be a part of such a system. So, in seeking an alternative to the law firm system, it may be useful to investigate what these other creative thinkers have done in their respective systems.How Things are ChangingThe Creative TypesFor decades now, creators in both the music industry and the comic book industry have been trying to change the system. The Internet has been an invaluable tool on that quest. For musicians, social networking and iTunes have allowed artists to sell directly to their consumers. Kickstarter likewise has allowed musicians to bypass record companies while still producing records. For example, musician Amanda Palmer recently raised over $1 million on Kickstarter for her latest album [http://www.theverge.com/2012/6/2/3059284/amanda-palmer-million-dollar-kickstarter-finishes]. Similarly, though not a musician, comedian Louis CK raised over a million dollars selling his comedy album Live at the Beacon Theater directly to his fans [http://buy.louisck.net/news/another-statement-from-louis-c-k]. These artists show that it is possible to be financially successful without the backing of some giant corporation. Creators have also changed the comic book industry, although in ways different from the changes in the music industry, as there is much less emphasis on selling the product directly to the consumer. Rather, the change is more to do with the nature of the corporations. Increasingly, rather than signing on to a company for a stint and producing the work the company wants them to, a writer or an artist will create or find a project they want to work on, use social media or sites such as DeviantArt? to find collaborators, and then find a company to publish the book. Aside from the actual physical act of publishing the book, the publisher does little more than marketing to retailers, and quality assurance.What We Can Learn From ThisAgain, these industries are not perfectly analogous to the legal industry. Rather than fans, lawyers have clients. Rather than creating an album or graphic novel, lawyers by necessity can only work on what others would have them work on. So, lawyers cannot directly ape the systems being utilized by these other creators. But there are clear lessons to be learned from them. Firstly, it is clear that one doesn’t need the backing of a large company to be financially successful. Producing a quality product and having a strong relationship with your client base are far more important. If anything, not working under the auspice of a large company allows more creativity, which can ultimately make your product better. Secondly, large companies are not essential for putting talented people together or ensuring that the right people with the right skills are on a particular project. Collaborations can be formed on an as-needed basis. Just as a comic book writer can find an artist with the appropriate skill and style through social media, lawyers seeking expertise ought to be able to find it through the Internet. Ultimately, this conclusion is quite similar to the philosophies Professor Moglen has been espousing throughout this semester (and earlier). Though these conclusions may not be novel, I think it is worth noting the success creators in other industries have had in changing their own industries. So, when wondering whether it really is smart to turn down that job offer from the law firms, hopefully the success of today’s musicians, comedians, writers, artists, and others will inspire you to try this new mode of thought.You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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