Category Archives: copyright

jonathan lethem: the ecstasy of influence

If you haven’t already, check out Jonathan Lethem’s essay in the latest issue of Harper’s on the trouble with copyright. Nothing particularly new to folks here, but worth reading all the same — an elegant meditation by an elegant writer (and a fellow Brooklynite) on the way that all creativity is actually built on appropriation, reuse or all-out theft:

Any text is woven entirely with citations, references, echoes, cultural languages, which cut across it through and through in a vast stereophony. The citations that go to make up a text are anonymous, untraceable, and yet already read; they are quotations without inverted commas. The kernel, the soul–let us go further and say the substance, the bulk, the actual and valuable material of all human utterances–is plagiarism. For substantially all ideas are secondhand, consciously and unconsciously drawn from a million outside sources, and daily used by the garnerer with a pride and satisfaction born of the superstition that he originated them; whereas there is not a rag of originality about them anywhere except the little discoloration they get from his mental and moral caliber and his temperament, and which is revealed in characteristics of phrasing. Old and new make the warp and woof of every moment. There is no thread that is not a twist of these two strands. By necessity, by proclivity, and by delight, we all quote. Neurological study has lately shown that memory, imagination, and consciousness itself is stitched, quilted, pastiched. If we cut-and-paste our selves, might we not forgive it of our artworks?

give away the content and sell the thing

On my way to that rather long discussion of ARGs the other day, I fielded something Pat Kane said to me a while back about the growing importance of live gigs to the income of musicians.
So I was tickled when Paul Miller pointed me to a piece Chris Anderson blogged yesterday about the same thing. Increasingly, musicians are giving their music away for free in order to drive gig attendance – and it’s driving music reproduction companies crazy. And yet, what can they do? “The one thing that you can’t digitize and distribute with full fidelity is a live show”.
A minor synchronicity; but then I stop by here and find Gary Frost and bowerbird vigorously debating the likeliness of the digitisation of everything, and of the death of ‘the original’ as even a concept, in the context of Ben’s piece about the National Archives sellout. And then I remember that, the day before, someone sent me a spoof web page telling me to get a First Life. And I start to wonder if there’s some kind of post-digital backlash taking shape.
OK, Anderson is talking about music; it’s hard to speculate about how the manifest ‘authentic’ appeal of a time-bound, ephemeral ‘gig’ experience translates literally to the field of physical books without falling back into diaphanous stuff about tactility and marginalia and so on. But, in the light of people’s manifest willingness to pay ridiculous sums to see the ‘real’ Madonna in real time and space, is it really feasible to talk, as bowerbird does, about the coming digitisation of everything?
As far as I can see, as more digitisation progresses, authenticity is becoming big business. I think it’s worth exploring the possibilities of a split between ‘book’ as pure content, and book as ‘authentic’ object. In particular, I think it’s worth exploring the possible economics of this: the difference in approach, genesis, theory, self-justification, style and paycheque of content created for digital reproduction, and text created for tangible books. And finally, I think whoever manages to sus both has probably got it made.

the end of media industries

Imagine a world without publishers, broadcasters or record labels. Imagine the complex infrastructure, large distribution networks, massive advertising campaigns, and multi-million signing contracts provided by the media incumbents all gone from our society. What would our culture look like? Will the music stop? Will pens dry up?
I would hope not, but I recently read Siva Vaidhyanathan’s book, The Anarchist in the Library, and I encountered a curious quote from Time Warner CEO, Richard Parsons:

This is a very profound moment historically. This isn’t just about a bunch of kids stealing music. It’s an assault on everything that constitutes cultural expression of our society. If we fail to protect and preserve out intellectual property system, the culture will atrophy. And the corporations wont be the only ones hurt. Artists will have no incentive to create. Worst-case scenario: the country will end up in a sort of Cultural Dark Age.

The idea that “artists will have no incentive to create” without corporations’ monetary promise goes against everything we know about the creative mind. Through out human history, self-expression has existed under the extreme conditions, for little or no gain; if anything, self-expression has flourished under the most unrewarding conditions. Now we that the Internet provides a medium to share information, people will create.
A fundamental misunderstanding in the relationship between media industry and the artist has produced an environment that has led the industry to believe that they are the reason for creative output, not just a beneficiary. However, the Internet is bringing the power of production and distribution to the user. And if production and distribution — which are where historically media companies made their money — can be handled by users, then what will be left for the media companies? With the surge in content, will media companies need to become filters and editors? If not, then what is there?
The current media model depends on controlling the flow of information, and as information becomes harder to control their power will diminish. On the internet we see strong communities building around very specific niches. As these communities get stronger, they will become harder to compete with. I believe that these niches will develop into the next generation media companies. These will be the companies that the large media companies will need to compete with.
The challenges that the current media companies face remind me of what happened to AT&T in the 1990s. After being broken up into “baby-bells”, AT&T was left providing only long distance. It was just a matter of time before the “baby-bells” began eating away at AT&T’s business from below, and there was little AT&T could do about it.
I think Richard Parsons’ quote shows a misunderstanding not only in the reason why people share information, but also in the direction of new technologies. For that reason I do not have much hope for the current media companies to adjust. Their only hope is to change and change represents their demise.

free speech requires the right to quote from ALL media — not just text

Mike Stark, writing in the The Daily Kos provides a wonderfully detailed account of one man’s heroic effort to do battle with Disney as one of the principal purveyors of hate radio. In his own blog, Spocko wrote beautifully crafted pieces alerting advertisers of the vile things that were being said in their name and attached short audio clips to illustrate the point. Several advertisers pulled their ads from KSFO and Disney hit back by contacting Spocko’s ISP and his blog is now down. This is one of the clearest examples I’ve seen of why we need to establish legal precedents for the quotation of audio and video. How can we have a comprehensive and crucial discussion about our culture if we can’t quote from it.

microsoft launches live search books

Windows Live Search Books, Microsoft’s answer to Google Book Search, is officially up and running and looks and feels pretty much the same as its nemesis. Being a Microsoft product, the interface is clunkier, and they have a bit of catching up to do in terms of navigation and search options. The one substantive difference is that Live Search is mostly limited to out-of-copyright books — i.e. pre-19231927 editions of public domain works. So the little they do have in there is fully accessible, with PDFs available for download. Like Google’s public domain books, however, the scans are of pretty poor quality, and not searchable. Readers point out that Microsoft, unlike Google, does in fact include a layer of low-quality but entirely searchable OCR text in its public domain downloads.
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they live like aristocrats. now they think like them

is the title of a scathing critique by Marina Hyde in this morning’s Guardian, in which she takes Bono and other wealthy musicians to taks for trying to extend the copyright on recorded music in the U.K. from the current 50 years to 95. Worth a read, particularly to get a sense of how the issue of “class” which is almost never raised in mainstream U.S. publications is a crucial part of the discussion of issues like this in Europe.

google makes slight improvements to book search interface

Google has added a few interface niceties to its Book Search book viewer. It now loads multiple pages at a time, giving readers the option of either scrolling down or paging through left to right. There’s also a full screen reading mode and a “more about this book” link taking you to a profile page with links to related titles plus references and citations from other books or from articles in Google Scholar. Also on the profile page is a searchable keyword cluster of high-incidence names or terms from the text.
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Above is the in-copyright Signet Classic edition of Billy Budd and Other Tales by Melville, which contains only a limited preview of the text. You can also view the entire original 1856 edition of Piazza Tales as scanned from the Stanford Library. Public domain editions like this one can now be viewed with facing pages.
Still a conspicuous lack of any annotation or social reading tools.
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dutch fund audiovisual heritage to the tune of 173 million euros

Larry Lessig writes in Free Culture:

Why is it that the part of our culture that is recorded in newspapers remains perpetually accessible, while the part that is recorded on videotape is not? How is it that we’ve created a world where researchers trying to understand the effect of media on nineteenth-century America will have an easier time than researchers trying to understand the effect of media on twentieth-century America?

Twentieth century Holland, it turns out, will be easier to decipher:

The Netherlands Government announced in its annual budget proposal the support for the project “Images for the Future” (in Dutch). Images for the Future is a large-scale conservation and digitalisation operation comprising 285,000 hours of film, television and radio recordings, and 2.9 million photos. The investment of 173 million euro, is spread over a period of seven years.
…It is unprecedented in its scale and ambition. All these films, programmes and photos will be made available for educational and creative purposes. An infrastructure for digital distribution will also be developed. A basic collection will be made available without copyright or under a Creative Commons licence. Making this heritage digitally available will lead to innovative applications in the area of new media and the development of valuable services for the public. The income/expense analysis included in the project plan shows that on balance the project will produce a positive social effect in the Dutch economy to the value of 20 to 60 million euros.
— from Association of Moving Image Archivists list-server

Pretty inspiring stuff.
Eddie Izzard once described the Netherlandish brand of enlightenment in a nutshell: “The Dutch speak four languages and smoke marijuana!” We now see that they also deem it wise policy to support a comprehensive cultural infrastructure for the 21st century, enabling their citizens to read, quote and reuse the media that shapes their world (while they whiz around on bicycles over tidy networks of canals). Not so here in the States where the government works for the monopolies, keeping big media on the dole through Sonny Bono-style protectionism. We should pass our benighted politicos a little of what the Dutch are smoking.

mckenzie wark on creative commons

Ken Wark is a “featured commoner” on the Creative Commons Text site in recognition of GAM3R 7H30RY, which is published under a CC Attribution-NonCommercial-NoDerivs 2.5 license. They’ve posted an excellent interview with Ken where he reflects on writing at the intersection of print and web and on the relationship between gift and commodity economies in the realm of ideas. Great stuff. Highly recommended.
Ken also traces some of the less-known prehistory of the Creative Commons movement:

…one of my all time favorite books is Guy Debord’s Society of the Spectacle. There’s a lovely edition for sale from Zone Books. Today its Amazon rank is about 18,000 – but I’ve seen it as high as 5,000. This edition has been in print for twelve years.
You can also get the whole text free online. In fact there are three whole translations you can download. In the ’60s Debord was editor of a journal called Internationale Situationiste. All of it is freely available now in translation.
The Situationists were pioneers in alternative licensing. The only problem was they didn’t have access to a good license that would allow noncommercial circulation but also bar unauthorized commercial exploitation. There were some terrible pirate editions of their stuff. Their solution to a bad Italian commercial edition was to go to the publisher and trash their office. There has to be a better way of doing things than that.
But in short: the moral of the story is that if you give a nice enough gift to potential readers, they return the gift by buying your stuff. Debord’s works are now classics. Constantly reprinted, a nice little earner for his widow. But it is because of this huge gift of stuff to readers that readers – generations of them – return the favor by buying the works.
Culture has always worked like that. The real question to ask is the reverse: how is anyone except the media conglomerates going to make a living when they have commodified culture to within an inch of its life? How are they even going to make a living off it? It’s never been done before in the history of the world.

The interview was actually done several months ago, before Ken had inked his deal with Harvard University Press, so a few sections regarding future prospects of the book are dated.

the ethics of web applications

Eddie Tejeda, a talented web developer based here in Brooklyn who has been working with us of late, has a thought-provoking post on the need for a new software licensing paradigm for web-based applications:

When open source licenses were developed, we thought of software as something that processed local and isolated data, or sometimes data in a limited network. The ability to access or process that data depended on the ability to have the software installed on your machine.

Now more and more software is moving from local machines to the web, and with it an ever-increasing stockpile of our personal data and intellectual property (think webmail, free blog hosting like Blogger, MySpace and other social networking sites, and media-sharing sites like Flickr or YouTube). The question becomes: if software is no longer a tool that you install but rather a place to which you upload yourself, how is your self going to be protected? What should be the rules of this game?