World Fair Use Day Wrapup
from the don't-stifle-creatitivity dept
So I spent all day yesterday at Public Knowledge’s excellent World Fair Use Day, which was a very worthwhile event. PC World actually has a nice summary of the day’s discussions, and if you want some more detail, some folks at Public Knowledge were live blogging the whole thing — so I’m not going to recap the details of what everyone was saying. What I will say was that it really was an inspiring event in many ways. There were so many brilliant content creators who are doing amazing things that skirt the boundaries (or just ignore them entirely) of copyright law. The creative energy in the room was infectious — and it would be impossible for anyone sitting through some of the examples of the works created to say that what these people do wasn’t “creating something new.” But it went beyond just creating new stuff — the artists in the room have created wonderful works of art, music, video and commentary that are at times hilarious, inspiring or thought-provoking. It’s the type of creativity that copyright is supposed to encourage, not hinder.
But in that point lies the very problem. While the conference was officially about “fair use,” one thing that became clear is that many of the creators have no idea if their works are technically legal. Most noted that they had not been sued (yet). Some paid attention to copyright issues, while others just ignored them altogether. Some had tacit approval from copyright holders. Others had nothing. And, since (as copyright defenders constantly remind us), fair use is not a “right” but a “defense” (and there are reasons why this isn’t quite true), all people can do is offer an opinion on whether their uses were “fair” or not. We can’t say for certain — and that leads to a great deal of uncertainty, and in that uncertainty many other creators dare not tread. That is tragic. As great as the works displayed and discussed at the event, there are an unknown number of additional inspiring works of art that will never get created because people fear the legal risk or they’ve been taught false propaganda by certain industries that any use of their works must be “theft” and not at all a creative new work.
But it’s difficult to see how someone could claim that a work like DJ Earworm’s mashup (both music and video) of the top 25 songs from 2009 isn’t an amazing new and creative work. Yes, it builds on the work of others, but it is very much it’s own unique song:
So on the whole, the day was at times encouraging, inspiring and exciting. But it was also frustrating in realizing how little concrete progress has been made. Many of these content creators may still face lawsuits in the future. The amount of uncertainty is great — and the political will to help them out may not be there. While it was great to see that we can likely add Rep. Doyle to the list of Congressional Reps who clearly understand the deeper issues here, it’s still a very small list.
Finally, while I focused most of this post on all the content creators, since those were the ones who made the day so worthwhile, I did want to briefly mention the key point that I tried to raise on the panel I was on — which is a point we’ve discussed here over and over again. In so many cases, what are described as “copyright issues” are not really copyright issues at all. Almost always, they’re business model issues (there are some exceptions, but we can deal with them separately). The problem is that someone or some organization has become so used to relying on copyright as a crutch to provide them with a business model that they fail to realize they don’t need crutches to walk, but can throw them aside and run with other, usually better, more consumer-friendly, business models. So when people present “copyright problems” it’s always worthwhile to take a step back and look first to see if it’s a copyright problem or a business model problem.