The wonderchicken, writing about copyright and creativity, recently made two great points.

First:

I live the way I choose according to the dictates of my conscience, and where my choices conflict with the laws in a place I’m currently living, I make as an informed a decision as I am able as to whether conforming to the law in a given situation is something that it’s more sensible to do from a strictly utilitarian perspective…. For the most part, I am a law-abiding citizen, but not because I have any innate respect for the laws, or for those who made or enforce them. Where my choices do not conflict with the laws of the land, no worries. That’s the way things usually are, because many laws, if not most, are relatively sensible. I understand some may find this kind of stance offensive, or sophomoric. I am unconcerned, if respectful of their opinions.

This is exactly the attitude towards the law that I described in Listless Lawyer, Attorney at Lunch. So perhaps Stav will enjoy hearing that his views, far from being sophomoric, are shared by the majority of legal philosophers.

Next:

I challenge you to think about the creative output of artists and artisans whose work has touched you. Think of your favorite books, your favorite paintings. That piece of handmade furniture or that gloriously handtooled little application. The music you listen to or the writers-on-the-web you read because they get into your heart and fill you with the ineffable, simple joy of being alive and having a mind. I wonder how many of them would have done their work whether or not they eventually got paid for it. My guess is ‘most’…

Take away the money, and you will still have people who are driven to create. This is what it is to be human. And, I’d submit, we’d have a lot less soulless sticky media poop clogging our minds and our souls if all of the hacks out there who oxymoronically ennoble their paid efforts by calling them ‘creative product’ would just do something useful instead for those sweet dollars…

The incentive to create will never disappear. But I would hail the departure of a world in which the incentive to create (for some) is predicated solely on one’s ability to sell those creations, sure I would. When those who were left standing were there because they did it out of love, maybe they’d get a few more bones thrown their way.

I said something similar in this post. But I didn’t phrase it nearly as well. Go read his whole entry.