[pp.int.general] Some parting thoughts
Eric Priezkalns
eric.priezkalns at pirateparty.org.uk
Wed Oct 21 12:40:17 CEST 2009
> IMHO the conclusion should be that journalist and artists are
> decently paid as soon as they deliver their work.
I share your sentiment, but I caution whether this is a practical
aspiration. All over the world, people get paid at different times
for what they do. Some get paid in advance, some when they deliver,
some not until much later. We should avoid creating special rules for
special classes of society like journalists and artists, when we don't
intend (and would be ill-advised) to implement similar rules for other
classes of society. I pay my rent in advance and my salary gets paid
in arrears, which is not ideal for me, but that doesn't mean we should
try to dictate the timing of when all payments are made.
Also, don't forget that some artists get paid large 'advances' and
never repay any of it, even though subsequent sales are not enough to
match the 'advance'. That's bad business but the world won't be a lot
better because politicians try to turn bad businesses into good
businesses - politicians have never been very successful doing that
and they are better suited to concentrating on limiting the real
unfairness in life.
> I don't know whether that applies in the US as well, but in Europe
> it is normal that general contract law (which assumes equal parties)
> is complemented by special contract law if one party is supposed to
> be weaker: the employee, the consumer, and: the artist.
It is the same in the US, which inherits its legal system from the
UK. The basic principle is that contract law assumes relatively equal
bargaining power but the US, like other countries, tends to impose
special legal conditions on contracts like employment where the
bargaining power is likely to be one-sided.
Eric
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