TechTakes

I remember having this sort of conversation 20 years ago, and it didn't convince me then.

I don't really agree with this. Artists can't (and shouldn't want to) entirely control interpretation, but they still have a responsibility. If your work is palatable to nazis or advertisers or whatever kind of parasite, you need to reflect on why and make it less so, or you're complicit in my book. I say this as an artist who's repeatedly moved on to new forms of expression as fashion catches up.

That seems bad but also not super relevant to the point under discussion! Unless your point is that it's bad when a cultural commons is exploited for business profits -- in which case, I agree, but, well...

The Berne Convention (Which the US only joined in 1989) is from 1886 and more concerned with author's rights than the typical american flavor, and was kickstarted by successful writers such as Victor Hugo, it's fundamentally commercial in nature but was at least partially sold/incepted has protecting a writer's labour:

« La loi protège la terre; elle protège la maison du prolétaire qui a sué; elle confisque l'ouvrage du poète qui a pensé(…)14. » — Honoré de Balzac, in a 1834 "Letter addressed to the French writers of the XIX century" advocating for author's rights.

Translated: "The law protects land, it protects the house of the proletarian who has sweat; it confiscates the work of the poet who has thought (...)"

From the body of the convention, in some regards it does place the author higher than the publisher:

Article 11

In order that the authors of works protected by the present Convention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to institute proceedings against pirates before the courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner.

For anonymous or pseudonymous works, the publisher whose name is indicated on the work shall be entitled to protect the rights belonging to the author.

He shall be, without other proof, deemed to be the lawful representative of the anonymous or pseudonymous author. It is, nevertheless, agreed that the courts may, if necessary, require the production of a certificate from the competent authority to the effect that the formalities prescribed by law in the country of origin have been accomplished, as contemplated in Article 2.

EDIT:

And contains from 1886 already the spirit of fair use.

Article 10

The following shall be specially included amongst the illicit reproductions to which the present Convention applies: unauthorized indirect appropriations of a literary or artistic work, of various kinds, such as adaptations, musical arrangements, etc., when they are only the reproduction of a particular work, in the same form, or in another form, without essential alterations, additions, or abridgments, so as not to present the character of a new original work.

Article 7

Articles from newspapers or periodicals published in any of the countries of the Union may be reproduced in original or in translation in the other countries of the Union, unless the authors or publishers have expressly forbidden it. For periodicals it shall be sufficient if the prohibition is indicated in general terms at the beginning of each number of the periodical. This prohibition cannot in any case apply to articles of political discussion, or to the reproduction of news of the day or miscellaneous information.

Article 8

As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational or scientific purposes, or for chrestomathies, the effect of the legislation of the countries of the Union, and of special arrangements existing or to be concluded between them, is not affected by the present Convention.