Creative commons or creative communism?:

Creative commons or creative communism?
: I’m struck by some of the rhetoric following the Eldred defeat (and, no, I won’t name names or link links so as to avoid an ideological pissfest). All the haughty talk about how copyright holders are stealing what the people own… It sounds like Moscow, 1918, folks. The Internationale is playing on Real Audio. The masses are marching with pitchforks and MP3 players. The armies of the people are massing at Sunset and Vine.

I’m sorry, but I do not object to the concentration of intellectual capital almong its creators and supporters and owners. It is their right. The people do not — the audience does not — own what I think up or my publisher pays to publish or my producer pays to produce; we do. You have to pay for it. It’s only right.

Have we not learned at least that from the Internet thus far: Content that is not valued is valueless.

Yes, the “commons” is a wonderful arena and much can be produced through sharing there and through the generosity of those who create in and for it. I support that commons. But not by force. Contributing to the commons is still the choice of those who do. It is not the right of the consumers to expect that they should own that which they consume without paying for it.

Communism’s dead when it comes to steel or words or pictures or thoughts or sounds.

Devil’s advocate
: I hate to be a contrarian on this, whistling as the long funeral cortege for the Lessig Eldred copyright case passes my way — and I grant my conflict, being an employee of Big Media — but I just have to say that as someone who creates for a living, I do see value in creation and in allowing me and my heirs to retain that value.

If — if, indeed — I ever wrote a successful book, I would want my children and grandchildren to be able to benefit from it the same as they would if I instead put my effort into buying land or a building or a company. My heirs could hold onto those forever; they can hold onto my creative legacy (whatever it is worth) for only a limited time.

Of course, I favor the notion and practice of intellectual property passing into the public domain. But I think it’s wrong to portray copyright holders as thieves. Without generous protection, these creators — and those who underwrite them by publishing and producing them — might as well go into real estate instead.

Legal hubris
: Lessig today:

What the Framers of our constitution did is not enough. We must do more.

Third legal posting in one day
: Jack Balkin, the very smart law guru at Yale, now has a blog. At the blog conference, we all worked on him and apparently, it worked.

6 responses to “Creative commons or creative communism?:”

  1. Cowboy X Avatar

    Well, if you’re going to take the unpopular stance, would you mind addressing the way that the Disney built their entire empire, from Steamboat Willy (a rip-off of Chaplin’s Modern Times) through their latest film Treasure Planet, is built on the creative content and lapsed copyrights of others? In other words, what makes Mickey Mouse different from Odysseus or Lewis Carrol’s Alice?

  2. Richard Bennett Avatar

    Jeff, you’re absolutely right about Eldred – the good guys won.

  3. Joseph Hertzlinger Avatar
    Joseph Hertzlinger

    If Congress has the power to retroactively change copyright terms, they can retroactively lower them as well. After they start doing this to drug companies, medical research might start disappearing.
    Besides, this interferes with the plan to name the next three large Kuiper-belt objects after Mickey, Goofy, and Donald.

  4. Justin Slotman Avatar

    Jeff, I think one of think that really cheeses people off about the Sonny Bono act that it was incredibly corrupt–done only for the benefit of large corportations–and probably unconstitutional as well if not literally, then against the spirit of the constitution. I can see your point on wanting your heirs to benefit from your work, but we’re not talking about heirs here, we’re talking about Disney controlling the image of Mickey Mouse essentially forever. Which may not be that big of a deal, the Mouse is a creative cul de sac, but it’s the principle of the thing.

  5. Jeff Jarvis Avatar

    Justin: I agree about the cheese-off with Disney; they’re a cheesing company. I also don’t necessarily defend the exact number of years now given to copyright.
    But I do defend copyright holders against the arch language I’m reading everywhere: That by holding onto their creations, they are thieves. Bullshit. Creation itself is generous. Creation deserves compensation. Creation has value. Authors are copyright holders, too. They are not thieves.

  6. Avedon Avatar

    I thought the “Disney” in this case was the company, not the man, and they didn’t create Mickey Mouse anyway.
    Creators’ rights do need to be defended, but the Disney company wasn’t doing that, anymore than the music industry is doing it when it demands royalties on artists’ work that they have no intention of ever paying over to the artists themselves.
    The day they start advocating a law to make it illegal to alienate copyright and royalties from an actual, living creator, then I’ll believe these people want to protect creators’ rights. But right now songs written by John Lennon and Paul McCartney are owned by Michael Jackson, and recording companies deduct more than the value of royalties from an artist’s royalty payments, and in this world the “rights” Disney has to material it did not create don’t impress me much.