Added a new link: the Electronic Frontier Foundation. I've heard about them by-the-by from their involvement in intellectual property cases, but I didn't check out the website until John told me about this article.
Lawrence Lessig pointed out a pretty valid problem in Free Culture, when, I think he was talking about Dead Men Don't Wear Plaid,a film that entirely re-appropriates old film noir footage into a new screwball comedy starring Steve Martin. Lessig pointed out how grossly unfair it is that a production company is capable of paying out the nose for all of these old licenses to create a transformative work, while Joe Shmoe would catch a lawsuit for the very same concept. The problem is primarily that this re-appropriation technique is an entirely new brand of creativity which now belongs only to the rich and the well-lawyered. Where cheap technology and the internet has "democratized" media production, stuffy copyrights keep it gentrified.
Free Culture came out a while ago and things have changed a little since then, but fair use is still so impossibly murky that the victor is often the powerful, not the just. A good example is the guy from Grand Rapids (Van der Beer? Van der something) who lost a lawsuit to JK Rowling for trying to publish a Harry Potter encyclopedia. To me that's a clear cut case of transformative work, and specifically with the Potter books it is not unprecedented. He lost anyway.
So that may defeat my next point when I say that despite all this, the best tool we have now for ownership in the new media landscape is to be well-informed about copyright and fair use. That's why Teaching Copyright is important. I think it's pretty cool.
Sorry I haven't been around much. I will continue to not be around much for the next several days. Settling in and starting a new life in DC is a full time job.
Monday, June 8, 2009
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Ah yes, copyright. I've been watching and fighting this mess since I got involved in the emulation scene back ten years ago. I've written about copyright in the past several months for Tiny Mix Tapes, and it's quite nasty.
Seriously, so much damage has been done by the labels and studios in the past 15 years, reform may be impossible, and what we're seeing now is a capitalist version of the War on Drugs (except replace unnecessary prison sentences with massive "fines"). [Shameless plug]Feel free to check out my two pieces on the subject here and here, they go into some detail of what's happened as of late.[/plug]
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