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Lessig Defends Free Culture in Keynote
lisah writes "Professor Larry Lessig, a keynote speaker at this week's Linux World Expo, took issue with current copyright laws and their effect on a free read-write culture. Lessig says that, by today's standards, the simple act of creating a video mashup renders its creator a 'pirate' and argued for sweeping changes that would embrace a fair use culture. Lessig asked the audience to consider sharing works under a Creative Commons license and redirect money they would spend on restricted content to organizations that support a fair use and free culture. He says that opponents of a free read-write culture have strong financial and political backing so unified community support is crucial. 'If the debate is controlled by lawyers and lobbyists...," says Lessig, 'this debate will be lost.'"
It's interesting to see how this affects different media. Creating and posting a mash-up of the Harry Potter films would be grounds for a lawsuit, and yet there's nothing to stop millions of thirteen-year-olds writing terrible fanfic and posting it all over the internet. Oh, the horror!
How much money would this culture cost the entertainment producers? If fair use is really fair then it should still allow
I do not think that media should be allowed to be replayed for free. Significant amounts of money went into making TV shows and movies and the like and any system must ensure that the producer gets his cut. Contrary to the demands of my sig, not all information should be completely free. Using the CC license is a happy medium. The I really think that this speaker has the right approach, so to speak. From TFA:
Information wants a fueled airplane waiting at the hangar and no one gets hurt.
Most people are going to look at Dr. Lessig and fail to grasp why this is important at all. Until we all realize that we're being ripped off, and that this kind of freedom IS important, we're going to be stuck with the media giants telling us where, when, and how we can use "their content."
Redirecting spending money from copyrighted content to independent artists releasing their work under the Creative Commons license is akin to becoming vegan/veggetarian: It requires willpower, it requires sometimes going for what is best when it's not what you want, and overall it's worth it. It's also doomed to failure in an instant gratification culture.
It has my support, though, for what that's worth. I wish the idea the best of luck, and I gladly participate.
I had the pleasure of seeing Lessig speak a year ago. If you ever have the chance to see this man, do so. Even if you hate his message, he is an absolute god when it comes to speaking and presenting. His style of presentation has earned its own title of the "Lessig" style of presentation.
While I am somewhat awed by Lessig's ability to present, my real admiration for him comes from how he has pursued his cause. Lessig argues for radical change in current laws. He is not the only person to argue for radical change. What makes Lessig different is that had has not only made attempts to work within law to bring about change, but he has gone even further and tried to implement what he advocates within a voluntary and completely legal manner without reliance on the force of government to enact the change that he seeks. Lots of people advocate some sort of radical change in society, but relatively few make a genuine attempt to bring about such change through methods other then complaining to the government to use the force of law.
The Creative Commons is an incredible accomplishment. While the CC is in no danger of displacing current media, it has certainly started to make a dent. Will the CC ever make a dent large enough for the average Joe to really sit up and take notice without legislative change? Perhaps not, but what it has done is create an ecosystem to explore the 'fair use' world that Lessig envisions. Even those who find the watering down of copyright power revolting can not honestly proclaim any sort of mal-intent from creating a way for artists who want to offer their works to the public domain a simple and easily identifiable way to do so.
I strongly encourage anyone who is even vaugly interested in this debate to check out Lessig's book, Free Culture. Keeping in tune with Lessig's philosophy on copyright, the book is freely available online. Some enterprising readers of the book also have a complete reading of the book in MP3 format. Check it out.
If I want to do a movie on Vampires, should I have to pay someone? You mess Lessig's point. Culture by definition builds upon its past. Vampires, elves, bad ass action heroes, our concept of aliens, formulaic romantic comedies, guitars, a generic punk sound, a whiny emo sound, and all other pieces of "entertainment" are all "mashups" in one way or another. All of the above exist ONLY because of culture that they were built upon. None of the above have any meaning to a stone aged tribal person living in the rainforest. These are not concepts that spring magically from the human mind. These are concepts that have evolved in our culture. Lessig's point is that we are stunting culture by following back every creative idea to its source and asking permission before we use it.
If you had to go back and ask the originators punk if you could use their sound and they had an absolute veto over it, we might very well not have punk and all the other types of music that sprung from that branch in the musical tree. The same goes for more other examples. Today, you can merrily write about vampires without worry of a lawsuit, but if you try and write about another fictional villain, say a Star Wars Sith Lord, and you will find your ass sued into the ground. This SHOULD be troubling. Our ability to create new culture is being stunted by demanding that anyone wants to bud off of some other creative needs to ask the original authors permission. Instead of having an explosion of stories and mythos from worlds from our popular culture, we have tightly controlled and stunted versions.
Further, even the most pro-copyright minded person MUST see the insanity of copyrights that last CENTURIES. Lessig doesn't argue for an end to copyright. He argues for some sort of sanity in it. Giving people copyrights that exists well past their death and then some is crazy. Dead artists don't need their works protected. If you want to use a Robert Frost poem, you damn well should be able to. The guy has been dead for almost half of a centaury yet you can still find your ass sued if you post one of his poems on the Internet.
No matter what you think of copyright, you MUST agree that the current system is insane and needs fixing. Perhaps you might not want to take it as far as Lessig does, but you certainly must agree that a mean who died in 1949 doesn't need his work to continue to waste away under copyright protection.
Authors have the right to be compensated under CC licenses by choosing CC-NC-SA. All a CC license does in that case is makes it clear to the readers of the book that they can enjoy the fair use privileges we used to take for granted. There's a distinction between consumers and resellers there that modern copyright fanatics forget: the law was not meant to keep me from giving my copy of Harry Potter to my friend, it was meant to keep me from printing a thousand copies without permission. Copyright's trying to remove all those rights, and CC is an attempt to clarify them again.
But the bigger issue is whether Jack Ryan is actually the exclusive property of Tom Clancy as a concept. Fanfic isn't strictly legal if you're a copyright maximalist. Exploring the characters and ideas that other authors have created should be encouraged. "Patriot Games" may not be the best book in the world, but it could be that someone out there will write the Best Novel of All Time based on a character Mr Clancy created. But no one will try that if they think they're going to get sued. CC content creates an environment where derivative works can be made without fear of retribution, and quite possibly lead to more revenue streams for the originating artist.
CC does not have to mean "nobody gets paid". It's more about "nobody has to be scared of lawyers".
The world's only surviving livewriter.
FTFH: Lessig Defends Free Culture in Keynote
If he's going to be defending "Free Culture," then shouldn't he really be doing it in Impress and not Keynote???
If you don't know where you are going, you will wind up somewhere else.
A man stomped into a bar, having made his way from the local courthouse. "LAWYERS ARE ASS HOLES!" he roared to no one in particular. Then someone in the back yelled, "Hey, I really resent that!"
"Oh, are you a lawyer?", said the newcomer, preparing to tell his story.
"No, I'm an asshole" was the reply.
I'd be more sympathetic with copyright holders if they weren't such hypocrites. Much of modern copyright issues can be traced to the Disney corporation. Extensions on copyright are directly linked to the expiration of copyright on Mickey Mouse.
Disney has made billions upon billions of dollars using the "intellectual property" of long dead authors. Do you really think Cinderella, Sleeping Beauty, Pinocchio, or any of other stories that built the Disney empire were dreamed up by Disney themselves? That didn't stop them from using the material. Where was their concern for the "protection" of ideas back then?
Walt Disney is every bit as dead as Hans Christian Anderson, yet if I tried to sell a story about Mickey Mouse I'd have about one week before I found myself assaulted by Disney's legal department. Why is one protected and not the other?
Lessig is starting to sound like Stallman. Stallman is more effective, though. What we need is some serious lobbying, along the following lines:
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Copyright harmonization The US should not go beyond the 50 years of the TRIPS agreement. 50 years from first publication, copyright expires. That's it. Free Elvis! (The US can do that unilaterally. Less than 50 years requires international negotiation.)
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Make copy protection illegal for uncopyrightable material If you can't copyright it, you can't use technical means to protect it.
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Enforce the Audio Home Recording Act Any arrangement between manufacturers and/or content distributors to restrict rights guaranteed to consumers is illegal restraint of trade.
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Free spectrum, free content If it goes out over the free airwaves, like TV channels for which broadcasters do not pay, it can't be copy protected.
Now that's a reasonable agenda to lobby for.Mr Card is absolutely wrong. You do not have to defend your copyright, only your trademarks. If any of these characters is trademarked, then he has to act in every case where he becomes aware of infringment. See the recent posts about Google trying to stop people using their name as a verb.
:(
Trademarks must be defended. Patents and copyrights don't.
Interesting to see that OSC would sue over something he obviously doesn't understand. Hopefully his lawyers would stop him.
It's also interesting to see an artist crave that life + 70 year bullshit. He seems more interested in leaving his family money than in contributing to the shared culture of the world. Sad... I expected more of him
The creator of a work has the right to ensure that that work is only seen in a form which the creator approves of.
So, how does the fact that all rights are signed away to a record label or film studio impact this? The "rights of the artist" seems to be a fallacy that the holders of copyrights use to motivate widening and extension of copyright.
What happens if the copyright holder and the original creator of a work disagree on whether someone can create a derivative work? The artist has a right to decide how his work is seen? No.
The creator of a work has no rights. The copyright holder does. These two are seldom the same.