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Doctorow On Copyright Reform & Culture

super-papa sends us to Locus Magazine for an article by Cory Doctorow discussing the conflicts between copyright law and modern culture, and arguing against the perception that copying media is still unusual. Quoting: "Copyright law valorizes copying as a rare and noteworthy event. On the Internet, copying is automatic, massive, instantaneous, free, and constant. Clip a Dilbert cartoon and stick it on your office door and you're not violating copyright. Take a picture of your office door and put it on your homepage so that the same co-workers can see it, and you've violated copyright law, and since copyright law treats copying as such a rarified activity, it assesses penalties that run to the hundreds of thousands of dollars for each act of infringement. There's a word for all the stuff we do with creative works — all the conversing, retelling, singing, acting out, drawing, and thinking: we call it culture."

23 of 243 comments (clear)

  1. Tell us something we don't know by aussie_a · · Score: 3, Insightful

    Seriously, this is just preaching to the choir at this stage. Although it'd be nice if this picked up some mainstream coverage.

    1. Re:Tell us something we don't know by iminplaya · · Score: 5, Funny

      Post the story here

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    2. Re:Tell us something we don't know by drquoz · · Score: 5, Insightful

      Parent was modded funny, but that site actually allows you to share your ideas with the President-Elect. Maybe if enough of us send him that article, he'll read it. http://change.gov/page/s/yourvision

    3. Re:Tell us something we don't know by CopaceticOpus · · Score: 4, Insightful

      Perhaps, but it's not yet common to see the topic covered with such clarity and thoughtfulness.

  2. Copyrights are immoral by argoff · · Score: 4, Insightful

    The problem is that copyrights are like the guilds. For example, you can call the right to make shoes a property right, buy and sell it, make profit off of it. But on no uncertain terms it is not a property at all and in fact it is an immoral restriction on peoples liberties.

    Well the same is true with copyright. Contrary to myth copyrights don't promote creation, all they do is force the market to center around creation controls instead of creation services. Well, lawyers are good at controling things, while creators are good at creating things.

    In fact, even when they do all these lawsuits, it's gotten to the point where they are not even trying to get copyright infringers any more. They know darn well it's unenforcable. Their only goal now is to sue guilt and intimidate people into buying overpriced content. That is why we have a moral duty to promote copying no matter what and treat it like a moral duty, not an infringement on peoples property.

    1. Re:Copyrights are immoral by Reality+Master+201 · · Score: 3, Insightful

      To be honest, an actually talented songwriter would share his creations with the world even if he wasn't able to profit off of it. It turns out that human beings had a pretty rich musical culture for the several thousands of years we lived before the advent of recording and copyright.

    2. Re:Copyrights are immoral by duguk · · Score: 4, Interesting

      I'll see that, and I raise you a "up until a short time ago, artists used to make most, if not all of their money through concerts".

    3. Re:Copyrights are immoral by kent_eh · · Score: 3, Informative
      "This song is Copyrighted in U.S., under Seal of Copyright #154085, for a period of 28 years, and anybody caught singin' it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do."

      Written by Guthrie in the late 1930s on a songbook distributed to listeners of his L.A. radio show "Woody and Lefty Lou" who wanted the words to his recordings.

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    4. Re:Copyrights are immoral by Locklin · · Score: 3, Insightful

      In such a world only a very few would be able to afford to live off the fruits of their labour.

      That's how it is now. The vast majorities of artists in any discipline don't survive off their art. In your example, I would argue that more people would be able to earn money from their art (more live performers), there would simply be far fewer people made rich from their art.

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  3. In other news... by calmofthestorm · · Score: 4, Funny

    Richard Stallman announces he would prefer that firms release all their code under the GPL or one of its variants.

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  4. Re:BRAVO! by iminplaya · · Score: 5, Insightful

    With copyright out of the way, it might not take $50 million to make a "blockbuster" movie. And I don't know about you, but I'm not going to slit my wrists or shoot up a shopping mall if they suddenly stop making $50 million blockbuster movies.

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  5. Re:BRAVO! by sayfawa · · Score: 3, Insightful

    You must have missed the point in time in which we stopped needing $50 million dollar passively-watch-and-let-our-brains-erode blockbusters for entertainment. Remix-Reuse-Recycle licences like Creative Commons provides far more entertainment for those of us that still have an imagination. And yes, Cory Doctorow's life work is freely available under said license.

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  6. Re:BRAVO! by maxume · · Score: 5, Interesting

    Yeah, they clearly spent $100 million on copyright clearances alone for Transformers.

    The better argument is that if there is really a market for movies, someone will find a way to finance them, copyright or not (I'd risk a buck on the next Bourne movie, and I bet enough people would join me that it wouldn't be all that hard to put it together).

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  7. frustrating by theheadlessrabbit · · Score: 4, Insightful

    for me, the most frustrating part of the whole copyright law vs. culture thing is how the big guys calling the shots always say that they are doing this 'for the artists'.

    well, i am an artist, and copyright law isn't helping me, it's getting in my way.

    there have been many times when I've had to work around it. yes, i can usually do *almost* what i originally wanted to do, but a lot of my time is wasted researching laws, re-recording, writing new material, re-shooting things, covering up certain parts, etc.
    Not only does this water down what i originally wanted to say, but it also wastes valuable time that i should be using to make my next piece (or post on /.)

    copyright should not be abolished, there are legitimate uses for it, like stopping subway station vendors selling burnt CD's and DVD's for $2 a pop, but we need a sudden outbreak of common sense to be injected into this debate immediately.

    non-commercial infringement should never be a crime.
    re-appropriation should always be fair use. permission should not be required.

    i believe that if the 'creative commons attribution share-alike non-commercial' was the default license that creative works would be released under; and people had to register for 'copyright, all rights reserved', we would all be much better off.

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  8. Best. Analogy. Ever. by SanityInAnarchy · · Score: 4, Funny

    To pretend that you do not copy is to adopt the twisted hypocrisy of the Victorians who swore that they never, ever masturbated.

    He's earned that cape.

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    Don't thank God, thank a doctor!
  9. Simple Cause by Tablizer · · Score: 4, Interesting

    it assesses penalties that run to the hundreds of thousands of dollars for each act of infringement.

    If voters had a chance to vote on such, the penalties would be much shallower. There are three reasons they are so high: Lobbyists Lobbyists Lobbyists. Biz has too much influence over our politics and I hope the new administration does something about it. We risk not being classified as a democracy.

  10. Re:BRAVO! by kohaku · · Score: 3, Insightful

    It's impossible to make a blockbuster movie without charging for it. Not because of the reason you think, but because the definition of "blockbuster" is that the film makes more than USD$100 million.
    HTH :P

  11. Re:BRAVO! by click2005 · · Score: 4, Interesting

    I'd risk a buck on the next Bourne movie, and I bet enough people would join me that it wouldn't be all that hard to put it together

    Thats how movies should be financed.

    Let the film companies raise the money for them by getting it from customers... giving money gives you the right to own that movie on whatever formats you choose.
    If the film does well, it shouldn't be hard to raise more for a sequel but if they make it a pile of crap they wont earn as much next time.
    It encourages studios to make good movies, not just churn out whatever remake/special effects shite they think will earn them the most.

    Fund Bourne Film 4.. 10 million shares @ $10 each... all the profit gets split between the shareholders (with a percentage being held to help raise money for Bourne 5?)

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  12. Re:One of these things is not like the other by Artifakt · · Score: 3, Interesting

    Other laws make all sorts of distinctions based on motives and other conditionals. Often, it's conditionals just like the distinction you are drawing that matter.
            The FBI for example, becomes involved in kidnappings of victims defined as 'of tender age' (usually 12 and under). Many people believe the Lindberg law requires a ransom be sought, or that the victim be transported across state lines. Instead, the law lets the FBI start gathering evidence without either condition, just in case there's a federal crime, and the agency is looking for motives such as ransom or interstate movement for immoral purposes. Some of these motives may make a given kidnapping a federal crime. But, if the FBI doesn't find evidence to support a federal crime, they are supposed to pass the case back to the state agencies, and just provide lab services, database help and such on request.
            Shouldn't copyright laws do something along these lines - make a distinction between organized crime and individual violators, violation for profit and violation for ego-boost? It's not only penalties that don't seem to reflect these distinctions, it's also a question of which agencies become involved. And there are other results that would be affected by making the right distinctions, such as limiting how much taxpayer money should support the forensic processes in trivial cases. That's all what doesn't seem to be happening anymore.

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  13. Re:BRAVO! by iminplaya · · Score: 4, Funny

    Bacteria in the body produce a minute amount of alcohol in the gastrointestinal tract.. The closest thing to downloading a torrent would be the filling in my tooth demodulating a local AM radio station. Win-win.

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  14. Re:BRAVO! by Anonymous Coward · · Score: 3, Informative

    Apparently,they made more money off this than the download sales of all their other albums combined. And, even after giving it away for free, the CD release was one of their best selling albums.

  15. Missing the Point by mdm42 · · Score: 4, Insightful

    Actually you've completey missed Doctorow's point. (Didn't RTFA, did we? :)

    The crappy little 450x300-pixel, lossy-compressed-format, lousy audio version would be free and on the 'net. But if you enjoyed the storyline, you might well be willing to pay something to watch it on a big-screen in 7-channel. Or to buy a high-def limited-edition DVD that comes with a bunch of (physical) other stuff. Or perhaps you'd pay serious money to attend a local premier where some of the stars and technical people attend, together with dinner afterwards and a DVD-signing.

    It's not about the content. It's about the differing values that people derive from these various format. The "premier, dinner, signing" thing is about being able to say to your friends, "I was there!" (Presumably they'd be impressed by that.)

    It's about the stories we tell ourselves about who we are.

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  16. Re:BRAVO! by hairyfeet · · Score: 4, Insightful

    Actually you wouldn't even need that,you give the people the best reason to pay: More of what they want. Kinda like how Joss Whedon suggested. Take a show like Firefly that the network didn't get,or an idea like Faith the Vampire Slayer or Ripper that a lot of the fans wrote in about. To get up the cash for the first one you can have several ways for the fans to give: donations(Give $50 and get a cool t-shirt that you will ONLY get here! For $100 it'll be signed by one of the stars!) auctions for walk on roles(who wouldn't want to wear the vamp makeup and get turned to dust by Eliza?),plus you can have product placements,etc.

    Then you tell the fans "Hey! You guys want another movie? Buy the DVD and tell all your friends! And don't forget the new limited t-shirt for the sequel! Just come and donate!" plus you can sell memorabilia from the set of the first movie,etc. Just think,if movies and shows were made like this we would have probably never had "The Dukes of Hazzard" or "Bewitched" stinkbombs. Personally I have my Joss Whedon collection sitting on the shelf in the nice pretty boxes but would be happy to buy more stuff for a new Firefly or FtVS or even a Spike and Dru TV movie. How about you?

    But no matter what we REALLY need copyright reform. I have said this before,but in case some missed it I'll say it again as it bears repeating. For those that don't think copyright is broken I have one sentence for you: Steamboat Willie is still under copyright. The man has been dead a half century,and his FIRST work,one made when most cars on the road had to be started with a freaking handcrank,is STILL under copyright. That is just totally fucked up,no ifs,ands or buts about it.

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