I've launched another project to support the public domain. The Public Domain Archive
"Property is theft" -Pierre Joseph-Proudhoun
Copyright,
the mechanism for maintaining Intellectual property is a never ending
series of headaches. It's an absurdity on the face of it, how can one
claim ownership to concepts? When a story is copyrighted it's not the
physical book that's owned but the idea and the specific way that idea
is formed, produced and sold. By its nature, it limits art and
expression and collaboration between people. Want to make a vampire
story? Make sure it isn't similar to Bela Lugosi or Salem's Lot,
otherwise that idea won't see the light of day, and you may even get a
stern talking to by a law firm.
Originally
copyright was a movement championed by creatives, Victor Hugo was an
early advocate of rights for creative workers like authors and
painters, "any work of art has two authors: the people who confusingly
feel something, a creator who translates these feelings, and the people
again who consecrate his vision of that feeling. When one of the authors
dies, the rights should totally be granted back to the other, the
people". And was a founding member of the Association Littéraire et
Artistique Internationale, an organization of artists which in 1886
became successfully created what became known as the Berne convention,
which is today the most common backbone of copyright law on the planet.
But
as time has moved on and the protection of rights for artists has
proven to be incredibly lucrative for the industries they labour for,
the concept has simple gone off the rails. Hugo was also a passionate
defender of the public domain and while he did foresee some provision
for artists heirs, he believed that it was possible to balance and
complement the interests of the two.
Here's a longer quote:
Literary property is of general utility.
All the old monarchical laws denied and still deny literary property. For what purpose? For the purpose of control.
The writer-owner is a free writer. To take his property, is to take
away his independence. One wishes that it were not so. [That is the
danger in] the remarkable fallacy, which would be childish if it were
not so perfidious, “thought belongs to everyone, so it cannot be
property, so literary property does not exist.” What a strange
confusion! First, to confuse the ability to think, which is general,
with the thought, which is individual; my thought is me. Then,
to confuse thought, an abstract thing, with the book, a material thing.
The thought of the writer, as thought, evades the grasping hand. It
flies from soul to soul; it has this gift and this force — virum volitare per ora
— that it is everywhere on the lips of men. But the book is distinct
from the thought; as a book, it is “seizable,” so much so that it is
sometimes “seized.” [impounded, censored, pirated.] (Laughter.)
The book, a product of printing, belongs to industry and is the
foundation, in all its forms, of a large commercial enterprise. It is
bought and sold; it is a form of property, a value created,
uncompensated, a form of riches added by the writer to the national
wealth. Indeed, all must agree, this is the most compelling form of property.
Despotic governments violate this property right; they
confiscate the book, hoping thus to confiscate the writer. Hence the
system of royal pensions. [Pensions for writers, in the place of
author’s rights] Take away everything and give back a pittance! This is
the attempt to dispossess and to subjugate the writer. One steals, and then
one buys back a fragment of what one has stolen. It is a wasted effort,
however. The writer always escapes. We became poor, he remains free.
(Applause) Who could buy these great minds, Rabelais, Molière, Pascal?
But the attempt is nonetheless made , and the result is dismal.
Monarchic patronage sucks at the vital forces of the nation. Historians
give Kings the title the “father of the nation” and “fathers of
letters;….. the result? These two sinister facts: people without bread,
Corneille [the great French author] without shoes. (Long applause).
Gentlemen, let us return to the basic principle: respect for property. Create
a system of literary property, but at the same time, create the public
domain! Let us go further. Let us expand the idea. The law could give
to all publishers the right to publish any book after the death of the
author, the only requirement would be to pay the direct heirs a very low
fee, which in no case would exceed five or ten percent of the net
profit. This simple system, which combines the unquestionable property
of the writer with the equally incontestable right of the public domain
was suggested by the 1836 commission [on the rights of authors]; and you
can find this solution, with all its details, in the minutes of the
board, then published by the Ministry of the Interior.
The principle is twofold, do not forget. The book, as a book, belongs to the author, but as a thought, it belongs
– the word is not too extreme – to the human race. All intelligences,
all minds, are eligible, all own it. If one of these two rights, the
right of the writer and the right of the human mind, were to be
sacrificed, it would certainly be the right of the writer, because the
public interest is our only concern, and that must take precedence in
anything that comes before us. [Numerous sounds of approval.]But, as I
just said, this sacrifice is not necessary.
Sourced from the Public Domain.org
Currently,
the Berne Convention stipulates that copyright terms should last for
the lifetime of the author plus 50 years. Which to me is outrageous, but
it gets worse, it includes provisions for member nations to extend that
and many have taken that option including my own the United Kingdom, in
many countries its life plus 70 years, and in Spain 80, Mexico 100
years! And the United States is a cluster of confusion since it joined
the convention in 1978 and has slowly, I mean glacially slowly, been
moving its system to co-operate with it.
So,
not quite the dream that Victor Hugo imagined. Though personally
speaking even if copyright were made according to Hugo's wishes I still
would have issue. While I agree, in a world of capitalism and
governmental authority it's important to protect the rights of its
working people's, something that copyright has been very bad at doing,
but let's think hypothetically and assume there's a rights' system that
can actually do this quite well, why should people who share some civil
or blood relationship get special privileges? And why should someone
expect and be entitled to control over their creations for life? The
idea of the system seems to be built on a false premise that all works
of what we call art are the works of singular individuals. Hugo's appeal
above keeps making a distinction between the individual artist and the
collective audience, but that's not always the case.
Architects
can copyright their designs, but it takes the labour of many to make
those designs feasible, so how is it fair that only one person in the
process gets to reap the rewards, shouldn't the engineering team that
build a bridge be paid every time that bridge is used or a higher one
time fee per person for usage rights? That seems ridiculous, but that is
in effect what our society compels us to do with art, rent a film or
pay extra to buy a way of watching as much as you want, pay for tickets
to the cinema or a concert or get a CD, subscribe to a streaming service
etc.
If
you read copyright statutes, it becomes obvious that they're quite
archaic, the one creator system works quite well for authors and
painters and sculptors, the older forms of creation, but film and radio
projects and even comics throw that into chaos. The credits for films
often take ten or more minutes to finish because they're
acknowledgements of work put into the film that is shown in the final
product. So does the life plus system kick in once they've all died a
long time ago? No, there's been a compromise, in many countries like the
UK motion pictures are handled in this way.
A motion picture passes out of copyright after the term of copyright has expired for the following
- Director
- Screenplay Author
- Composer
But
why stop there? The reason is that it just wouldn't be manageable to
protect the rights of every individual who contributed to it, just like
it wouldn't be profitable to extend architectural rights to builders. At
least with this compromise, big studios can negotiate with only a
handful of persons.
And I don't want to even think about how they
can decide who gets the term applied to video game and software
development. Though, I notice I haven't seen any legal provision for
them made in any copyright statute I've read.
Personally,
I think the United States of America had a better way for handling art
ownership. This feels weird to write since the USA has for the past few
decades been the main enemy of the public domain domestically and
internationally. Their approach was to tie it to the work itself and not
the artist, so copyright was based on year of publication, and limited
the term of protection with just one option of renewal and then that was
it. Before the 1978 reforms, works of art were protected for 28 years
and could if the owner chose to renew for another 28 years, so 56 years
in total. This doesn't solve any of the issues of special rights for
only certain types of work, and it conflates owners with creators, which
isn't always the case and is increasingly rare in the entertainment and
academic industries, most published works involve the creative person
or persons giving up their copyright to the corporate entity publishing
them.
But
it did ensure a lot of material entered the public domain in a more
timely manner. If this benevolence is confusing, a major factor in this
approach was that most works stopped being profitable for their owners
in the middle of their first term. So some did not bother to renew, and
some who did use the option only did so on the outside chance that a
second windfall would come their way. This is why you have this strange
situation where works are still copyrighted in the rest of the world but
not in the US, and tangentially why it works in reverse, stuff is still
copyrighted in the US and only the US, like the last two Sherlock
Holmes short stories authored by Conan Doyle and the title of the Casebook of Sherlock Holmes, which
collected the last set. Between the 1970s and 1990s the US passed a lot
of legislation relating to copyright and intellectual property,
virtually every single one of these updates place more power on
corporate owners, but one of the worst damages was a 20-year freeze on
the public domain.
That's
another area of the archaic nature of the copyright system, since on
the internet we live in a global market that is increasingly
standardizing and becoming uniform, and yet we still have to abide by a
confusing patch work of rules, laws and limitations, at both ends. I
live in the United Kingdom and so have to abide by the laws and norms of
that territory, however as a user of the internet the laws that apply
depend on each particular site, where its owners live or are based for
tax purposes, and where the site is registered. If you've ever opened a
link on a website or youtube video and seen some message along the lines
of
Unfortunately this site contains content owned by ____ who has blocked it in your territory
or
Unfotunately we cannot show this contents to your region as we do not comply with regulations in your territory
This
is why. It's simply unworkable, I've listened to librivox recordings of
things that aren't public domain in my territory, and I've shared stuff
that is but not in the US. I have neither the interest nor the means to
police other people's property for them, that was why there was so much
furore over ACTA, SOPA etc. Those legislative moves were designed to
force websites to become police officers for content owners, effectively
studios and publishing houses.
We can't keep going like this, I
love art and want to experiment and share it. This is why I've started
this blog as a way to celebrate and raise awareness of the importance of
the public domain, creative commons, copyleft et al, and the wider
movement for a free society.