remix

Tolerance is law

Enjoying the great feeling of seeing my latest article (together with Jan Nolin) in (digital) print! Please check out Tolerance is law: Remixing Homage, Parodying Plagiarism which has been published today in the open journal Scripted.

Would like to thank the reviewers for pointing out the flaws and helping us improve the article. But I still want more so every and all comment is appreciated.

The abstract is boring but the article is (hopefully) much more interesting. Abstract:

Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production.
The renegotiation of barriers and the increasing number of creators who publish their works has led to an increase in copyright violations and a pressure on copyright legislation. Many of these potential violations are tolerated, in some cases have become common practice, and created social norms. Others have not been so fortunate and the law has been rigidly enforced. This arbitrary application decreases the predictability of law and creates a situation where creation relies on the tolerance of the other copyright holders. This article analyses different cases of reuse that test the boundaries of copyright. Some of these are tolerated, others not. When regulation fails to capture the rich variation of creative reuse, it becomes difficult to predict which works will be tolerated. The analysis suggests that as copyright becomes prohibitive, social norms, power and the values of the copyright holder dominate and not law.

M Klang & J Nolin, “Tolerance is law: Remixing Homage, Parodying Plagiarism”, (2012) 9:1 SCRIPTed 7 http://script-ed.org/?p=476

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Barriers to Cultural Participation

Last week I completed my draft contribution to the Exploratory Workshop on Consuming the Illegal: Situating Digital Piracy in Everyday Experience which will be held in Leuven (17‐19 April 2011). The draft paper is called Barriers to Cultural Participation: Cultural Innovation and Control Online and attempts to go deeper into the problem of borrowing or appropriating earlier works in the creation of new cultural material.

What I am attempting to do is to point to the problem that while the law is a useful tool of regulation a great deal of regulatory power is in the hands of norms. The result is that amateur remixing is discriminated against and often runs the risk of being lost, instead of being encouraged as an important source for growth of cultural material.

So the paper looks at different forms of re-use (and gives examples of each). So in the end it looks like this… The thing to be discussed is therefore not the law but the ways in which certain types of remixing/borrowing/appropriation are tolerated while others seem not to be…

The end needs to be sharpened but here is what I have written so far (full draft is on scribd)

The topic of this paper was to take a closer look at some of the different ways in which cultural material is used and reused. In particular this work wanted to widen the discussion by not limiting it to being either a legal, technical or social topic. The production of innovative cultural material relies on a healthy access to earlier material, the creativity to expand on that material, the legal leeway to share that material and the technical platforms with which to reach other users.

For most of the history of copyright the most limiting factor for a large scale participatory cultural sphere has been limited by the lack of technical means with which to create and share the results of the work. Today these technological limitations have been reduced and are easily surpassed by most users wishing to participate in a cultural exchange.

We should therefore be entering into an unprecedented production of cultural material. One the one hand this is exactly what is happening. The amounts of copyrightable material being produced and spread today are far greater than in any other period in history. However, on the other hand, the legal risks and the regulation through licenses discussed here show that the material being produced and spread is discriminated against and is under risk of being removed, and its authors punished for their productions.

These issues need to be addressed. The original purpose of copyright, and its often legitimizing reason put forward today, is that by protecting the rights of the creator there will be an increased incentive to produce more material. Society offers a monopoly in return for an increased level of cultural material. However this bargain has been steadily eroded and is, at the point where it is technically possible for a wide scale participation in danger of being lost.

 

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Danish Tourist Board Remix

Straight from BoingBoing but way to good to ignore

Carsten sez, “My friend, artist Camilla Brodersen created a wonderful, freely-redistributable rehash of an old Danish tourist poster, highlighting the new situation after the new police powers, as demonstrated in the heavy-handed clampdown on protesters at the recent climate change summit in Copenhagen. My friend Amila juxtaposed the mashup with the original poster on her English-language blog, creating a chilling and all too realistic contrast.”

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Remix available for download

Lawrence Lessigs book Remix: Making art and commerce thrive in the hybrid economy is now  is now Creative Commons licensed and ready for download from the Bloomsbury Academic page.

remix_cover_l.jpg

‘Lessig’s proposals for revising copyright are compelling, because they rethink intellectual property rights without abandoning them.’
Briefly Noted The New Yorker

‘Lessig… has written a splendid combative manifesto – pungent, witty and persuasive.’
Financial Times

‘… Lessig is surely right that digital culture requires governance that is more subtle and ecological, judging a balance of forces between commerce and community, than precise and draconian.’
Books of the Week, The Independent

‘Prof Lessig is formidably qualified…his latest book, REMIX will enhance his cult status on the web.’ The Guardian

To hear Lawrence Lessig talk about his book Remix you can listen now to the NPR interview (37 min 51 sec)

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Mashing-up Culture: The Rise of User-generated Content

Sampling and remixing, mash-ups and appropriation, wikis and podcasts are part of the digital creative milieu of the twenty-first century. Sites such as YouTube, Flickr and deviantART have offered new outlets for creativity and become hubs for innovative forms of collaboration thus playing their part in challenging modernist notions of what it means to be a creator as well as a consumer. User-generated content has draw upon the reuse of existing texts as well as new creations, bringing forward possibilities for new audiences and meanings while also raising questions about how digital texts are controlled through copyright and how intellectual property is managed.

Drawing on this background, papers are invited for the two-day workshop – Mashing-up Culture: The Rise of User-generated Content – which will take place at Uppsala University, Sweden on May 13th-14th, 2009. The event will be the first organised by the European research project COUNTER which explores the socio-economic and cultural impacts of the consumption of counterfeit goods and will bring together COUNTER researchers with scholars and stakeholders to explore the current state and dilemmas surrounding copyright and the production, consumption and distribution of culture.

Papers are invited which explore the possibilities and pitfalls surrounding the creative use of copyrighted materials with possible themes including but not limited to:

  • Sampling, mash-ups, and appropriation
  • Creativity and collaborative practices
  • Creative industries and intellectual property
  • Copyright, Cultural Heritage and Cultural Policy
  • Regulating intellectual property (formal and informal protection)

The aim of the workshop is to provide a creative and stimulating forum for an interdisciplinary and international discussion. We especially invite researchers at the earlier stages of their career to submit proposals coming from across the humanities and social sciences. Accepted papers will be published in the workshop proceedings and further publishing outlets will be explored following the workshop.

Abstracts must be no longer than 1000 words and should consider key questions addressed in the paper, data used, theoretical perspective, as well as key findings and/or contribution to the field. The title, author(s) names, email contact(s), institutional affiliation(s) and references cited must be clearly given in the submission but is not included in the 1000 word limit. Further a 200 word biography of each author should also be appended to the abstract.

Abstracts must be submitted as word processing files (not PDFs) to Eva Hemmungs Wirtén – ehw@abm.uu.se – no later than Wednesday 7th January 2009.

Proposals will be evaluated on the basis of originality, quality of research, theoretical innovation and relevance to the central themes of the COUNTER project. Accepted authors will be notified by email by 30th January 2009. Successful applicants will be invited to attend the workshop at no fee and receive significant reimbursement of travel costs and workshop accommodation.

Delegates are expected to participate in the whole of the two-day event.

Key dates:

  • 7th January: Deadline for submission of abstracts and author biographies
  • 30th January: Successful authors notified by email
  • 10th April: Full papers submitted for inclusion in proceedings
  • 24th April: Papers circulated to workshop delegates and discussants
  • 13th-14th May: Mashing-up Culture workshop

A document picturing some of the venues to be used for the workshop and the social events is available online. For further information on the workshop please cotact the workshop chair, Eva Hemmungs Wirtén – ehw@abm.uu.se.

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