opinion

Opinion editorial.

Danny Colligan on public funding for artists.

A while ago, Danny Colligan (author of the wonderfully rigorous & thorough "What We Lose When We Embrace Copyright") sent us a link to a new short piece he'd written, about public subsidies for artists and how to set them up so they result in more freedom, not more restriction.  It's here:

thegreatkladderadatsch.blogspot.com/2013/07/addendum-to-what-we-lose-when-we.html

Quoting:

There are many schemes one could create to subsidize artists.  Economist Dean Baker made one such proposal, which relies on a voucher system.  Basically, taxpayers get vouchers that they can use to allocate to whatever artist(s) they want, and artists, as a requirement for receiving money through the system, are forbidden from copyrighting their work. Such a system leverages the already existing tax infrastructure, would be more than sufficient to cover artists’ costs, and does not even require any sweeping changes like elimination of all copyright (besides, of course, passage of law that would bring the program itself into existence).  In short, the proposed voucher system is a relatively unobtrusive reform that could easily be implemented within the context of the current legal and economic system.  The political effort required to enact it, however, is another story, of course.

Yes.  This shouldn't even be a hard call.  Public money should result in public goods.

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Make Art, Not Law

(Editor's note: We're cross-posting this beautiful essay from ninapaley.com; see also Nina Paley's similarly-titled interview with Baixa Cultura from April.)


Below are the images and text of a Pecha Kucha talk I gave in Champaign, IL. The Pecha Kucha format is 20 slides x 20 seconds per slide. Hopefully the video will be online within a few months.

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You are an information portal. Information enters through your senses, like your ears and eyes, and exits through your expressions, like your voice, your drawing, your writing, and your movements.

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In order for culture to stay alive, we have to be open, or permeable. According to Wikipedia, Permeance is “the degree to which a material admits a flow of matter or energy.” We are the material through which information flows.

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It's through this flow that culture stays alive and we stay connected to each other. Ideas flow in, and they flow out, of each of us. Ideas change a little as they go along; this is known as evolution, progress, or innovation.

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But thanks to Copyright, we live in a world where some information goes in, but cannot legally come out.
Often I hear people engaged in creative pursuits ask, “Am I allowed to use this? I don't want to get in trouble.”

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In our Copyright regime, “trouble” may include lawsuits, huge fines, and even jail. ”Trouble” means violence. ”Trouble” has shut down many a creative enterprise. So the threat of “trouble” dictates our choices about what we express.

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Copyright activates our internal censors. Internal censorship is the enemy of creativity; it halts expression before it can begin. The question, “am I allowed to use this?” indicates the asker has surrendered internal authority to lawyers, legislators, and corporations.

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This phenomenon is called Permission Culture. Whenever we censor our expression, we close a little more and information flows a little less. The less information flows, the more it stagnates. This is known as chilling effects.

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I have asked myself: did I ever consent to letting “Permission Culture” into my brain? Why am I complying with censorship? How much choice do I really have about what information goes in and comes out of me?

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The answer is: I have some choice regarding what I expose myself to, and what I express, but not total control. I can choose whether to watch mainstream media, for example. And I can choose what information to pass along.

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But to be in the world, and to be open, means all kinds of things can and do get in that are beyond my control. I don’t get to choose what goes in based on its copyright status. In fact proprietary images and sounds are the most aggressively rammed into our heads. For example:

“Have a holly jolly Christmas, It’s the best time of the year
“I don’t know if there’ll be snow, but have a cup of cheer
“Have a holly jolly Christmas, And when you walk down the street
“Say hello to friends you know and everyone you meet!”

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I hate Christmas music. But because I live in the U.S., and need to leave the house even in the months of November and December, I can't NOT hear it. It goes right through my earholes and into my brain, where it plays over and over ad nauseum.

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Here are some of the corporations I could “get in trouble with” for sharing that song and clip in public. I wasn’t consulted by them before having their so-called “intellectual property” blasted into my head as a child, so I didn’t ask their permission to put it in my slide show.

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Copyright is automatic and there's no way to opt out. But you can add a license granting some of the permissions copyright automatically takes away. Creative Commons, the most widespread brand of license, allows its users to lift various restrictions of copyright one at a time.

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The problem with licenses is that they're based on copyright law. The same threat of violence behind copyright is behind alternative licenses too. Licenses actually reinforce the mechanism of copyright. Everyone still needs to seek permission – it’s just that they get it a little more often.

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Like copyright itself, licenses are often too complex for most people to understand. So licenses have the unfortunate effect of encouraging people to pay even MORE attention to copyright, which gives even more authority to that inner censor. And who let that censor into our heads in the first place?

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Although I use Free licenses and would appreciate meaningful copyright reform, licenses and laws aren't the solution. The solution is more and more people just ignoring copyright altogether. I want to be one of those people.

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A few years ago I declared sovereignty over my own head. Freedom of Speech begins at home. Censorship and “trouble” still exist outside my head, and that’s where they’ll stay – OUTSIDE my head. I’m not going to assist bad laws and media corporations by setting up an outpost for them in my own mind.

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I no longer favor or reject works based on their copyright status. Ideas aren't good or bad because of what licenses people slap on them. I just relate to the ideas themselves now, not the laws surrounding them. And I try to express myself the same way.

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Like millions of others who don't give a rat's ass about copyright, I hope you join me. Make Art, Not Law.

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Bob Ostertag On Trying Freedom.

Bob Ostertag at work.

This piece by Bob Ostertag was originally published at On The Commons. We're reprinting it here because it's a great description of exactly how distribution networks are still strongly weighted against free-as-in-freedom. The cost of maintaining the monopoly sidewalk is that freedom can grow only in the cracks — and the increasingly eager auto-detection bots keep "repairing" the cracks, because their masters only see the value of the sidewalk. Bob is an active performing and recording musician, and a long-time friend of QuestionCopyright.org (he was one of our founding Board members). His biography is at the end of this article.

We of course hope Bob makes plenty of money from A Book of Hours on CD Baby — there's no contradiction between freedom-friendly licensing and making money! And yes, we recognize the contradiction between his original Creative Commons Attribution-NonCommercial licensing and the freedom of other artists to pursue the same strategy Bob describes below while incorporating his music in their works. In the usual QCO so-transparent-it's-kind-of-edgy fashion, we'll discuss this with Bob and see if he's open to using truly free licensing while still selling his music on CDBaby and similar sites [Update 2013-08: He was, and we're now working with him to relicense his music under free licenses wherever possible.]. But the outcome of that conversation doesn't affect his message below, which is that right now freedom is much harder work than it needs to be, because the major distribution networks still regard it as a weed, and because the few distributors that prioritize a direct audience-artist financial connection are small and don't have the clout — yet — to change how the sidewalks are maintained.

Update from Bob Ostertag

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