“Copyright law must be changed. Changed notabolished. I reject the calls of many to effectivelyend copyright. Neither RW nor RO culture can trulyflourish without copyright.” -LessigRemix
Lessig Highlights Five “shifts” in the law that would drasticallyimprove the laws relationship to RW culturalcreativity and expression without negativelyimpacting the existing market of the contentindustry (Chapter 9): Deregulating amateur creativity Clear title on legalities Simplify copyright scope Decriminalizing the copy Decriminalizing file sharing
“The general rule of law is that the noblest ofhuman productions- knowledge, truths ascertained,conceptions, and ideas- become, after voluntarycommunication to others, free as the air tocommon use” -BoyleThe Public Domain
Boyle Highlights Our culture, science, and economic welfaredepends on the balance between those ideasthat are controlled and those that are free. The public domain is being threatened bycurrent copyright, trademark, and patent lawsand regulation. Intellectual property wars are inhibiting ourexpression by making our culture legallyunavailable to us (Chapter 1).
“The anti-copyright lobby made the successfulargument that freedom of content means freedomof expression. But, the way I see it, copyright is theengine of free expression.” -LevineFree Ride
Levine Highlights Does information really want to be free? Hidden agendas in big business have erodedcopyright allowing technology companies tohold media industries at ransom. Asks us to consider the implications of acultural free-for-all. Possible blanket license. Infringement an enforceable minor offence. System that ensures copyright holdercompensation.
"He who receives an idea from me, receivesinstruction himself without lessening mine; as hewho lights his taper at mine, receives light withoutdarkening me.“ –Thomas JeffersonReclaiming Fair Use
Aufderheide & Jaszi Highlights The establishment and enforcement of normsin our “communities of practice” using a Codeof Best Practices in Fair Use. Advocating for a clearer understanding of howto use, remix, and share copyrighted content. Extensive research into copyright infringementlitigation leading to vindication under Fair Use. “Unlicensed” use allowed as long as it istransformative (Chapter 6).
“The result is a flourishing nonmarket sector ofinformation, knowledge, and cultural production,based in the networked environment, and appliedto anything that the many individuals connected toit can imagine. Its outputs, in turn, are not treatedas exclusive property. They are instead subject toan increasingly robust ethic of open sharing, openfor all others to build on, extend, and make theirown..” - BenklerThe Wealth of Networks
Benkler Highlights The networked information economy providesan opportunity for greater individual freedom. Consumers are participatory audience. Desire to create is an intrinsic one. Intellectual property rights over informationheld by the individual and business create abarrier to information sharing and socialproduction. Copyright law restricts autonomy.
Final Thoughts Each of the authors have held very different viewsand approaches on copyright reform. However,several common threads can be found throughoutour readings this term: There is a need to express our creativity through thesharing, reusing, and remixing of cultural references. The very nature of information is changing with the newemerging technology. How we exchange information is impacting our culture,sciences, and economy. Copyright law, as it currently stands, is regulating culture. Copyright law is regulating outside its intended scope.
Final Thoughts …continued I can honestly say that my eyes have beenopened to a much bigger perspective on copyrightthan I ever dreamed possible. I believe that we are in the early stages ofcopyright reform and I honestly think that we willreach a point of critical mass where something willneed to give. If it does not, then we will be forcedto consider the mass criminalization of ourpopulation. This to me is unacceptable. It is difficult to say how this will apply to the workthat I do with my clients and students as copyrightis in a state of flux and instability.
Final Thoughts …continued What I do know at this point is that: I will continue to use intellectual property that is “free”to use without risk of infringement in the creation ofcontent. I will continue to support and contribute to creativecommons. I will continue to educate my students on copyrightlaws. I will continue to facilitate creativity in my students inanyway that I legally can within the currentunderstanding of copyright and its regulation ofintellectual property.
Works Cited Lessig, Lawrence (2008). Remix: Making Art andCommerce Thrive in the Hybrid Economy. New York:The Penguin Press. Boyle, James (2008). The Public Domain: Enclosingthe Commons of the Mind. New Haven: YaleUniversity Press. Lessig, Lawrence. (2008). Remix: Making Art andCommerce Thrive in the Hybrid Economy. London,UK: Penguin Press. Aufderheide, P. & Jaszi, P. (2011). Reclaiming FairUse: How to Put Balance Back in Copyright. Chicago,IL: University of Chicago Press. Benkler, Y. (2006). The Wealth of Networks: HowSocial Production Transforms Markets andFreedom. New Haven, CT: Yale University Press.