The Ethics of Theft

All kinds of artists constantly borrow ideas from one another. Every photographer has seen a photo they liked so much that they just had to try to make their own version. Some musicians have seen an image and been inspired to write a piece of music. A couple of titles of my photos are from poems. This kind of swapping of ideas happens all the time, and generally makes the world a richer place. No one is expected to ask permission for this sort of inspirational borrowing, and few artists mind. Many see it as a compliment.

In the past, this sort of borrowing was in contrast to simply duplicating another's work for one's own use. This wholesale borrowing of the expression of another's ideas was called plagiarism or simply theft. Now, it seems to be called normal.

Lately, I've found myself arguing - arguing with artists that it's not OK to steal music, arguing with web developers that's it's not OK to steal images, and arguing with musicians that it's not OK to steal software. I guess I am now considered some kind of throwback to the stone age.

When did the rule you learned in kindergarten - "If you want to borrow something from someone, please ask first." - become a sign of being unreasonable? With the advent of the internet and email, you would think the kindergarten rule would apply more than ever. When it's so easy to ask, what excuse is there for not asking?

Apparently, you need an excuse to ask instead. In the last week, I've been told that "Stealing something that doesn't have a physical presence in the real world isn't really stealing, since the original person can still use it.", "Asking for permission to use another artist's work isn't the way it's done in the real world.", and "Using another artist's work without permission is fine if you don't use too much or you give them credit.".

In a sense they're right about how the real world works. One company for which I worked stole both images and software while taking a hard-line stance against people who stole their software. Somehow, they never saw the irony. I don't think most individuals do anymore either.

This week I send out an email to someone whose brushes I downloaded from the Net and used to make a page on a calendar I hope to sell. The brushes are freeware, but, since there was no policy on their commercial use, I felt I needed to ask. I haven't heard back yet, and if I don't hear soon, I plan to remake the page with different brushes. I've been advised by other artists that I should just use them and that I am wasting my time even asking. Maybe they are right. Maybe I should just steal everything I can find on the Net that I want and not worry about it. The problem is, I don't want to live in a world where that is acceptable behavior.

I don't want to go to the other extreme either, where I hoard everything I create and never allow anyone to use it for any reason, which is why I have a "Fair Use" policy on my site. I'm even pretty reasonable about allowing uses outside that policy as long as I am asked first. Somehow that doesn't seem like a lot to require, and it doesn't seem like it's too much to expect me to ask to borrow another artist's work - but maybe I'm still living in the stone age.