I just got back from a vigorous and invigorating panel discussion involving Siva Vaidhyanathan, anthropologist Shalini Venturelli, lawyer Karol Kepchar, and law professor Peter Jaszi on the topic of copyright and cultural ownership.
I won’t bother trying to summarize; it was a very high-bandwidth discussion, and I’d make a terrible mess of it. A few highlights, though, that lead to my small contribution: All the panelists made the point at some juncture or other that the gap between producers and consumers of information and ideas is less wide than often thought. I read weblogs; I also write one. I listen to music; I also sing.
Also prominent in the discussion was the power of the state to influence the creation and consumption of information and ideas: through funding, through putting muscle behind particular definitions of culture, through creating artificial scarcity and limited (or un-) monopolies. Dr. Venturelli went so far as to postulate a triangle: users (culture consumers), exploiters (creators and craftsmen, those who make money from cultural activity), and the state, and to say that if this triangle is not kept in balance, creativity and innovation do not reach optimal levels, society-wide.
One question posed late in the discussion involved the pernicious effects of the “intellectual property” metaphor on legislative activity: our congresscritters have yet to figure out, apparently, that you shouldn’t treat an idea like a chair. That raised the counter-examples we all know and love: open-source software, copyleft, open access scholarship (yes! it was mentioned! by name!).
Unfortunately, these phenomena were characterized in a fashion that makes them easy to dismiss. Congresscritters don’t want to hear about Raymondian gift economies, or centuries of free exchange of scientific thought. That’s hippie-dippie talk, that is. Perilous close to that lefty commie stuff.
I prefer to paint this behavior in terms of a hard-headed, pragmatic bargain. Since we are all now both creators and consumers of ideas, in some circumstances it makes sense for us to let go of some of our (state-granted, in some cases; in others, granted by custom) power to exploit culture in order to retain power to create culture. As for the third leg in Venturelli’s triangle—frankly, we’re subverting it, at least as it is currently constructed. We’re using enactments of the state for purposes the state actively distrusts.
Dr. Jaszi’s latest venture (to debut tomorrow, and please check this out—it’s fascinating!) illustrates this bargain beautifully. Documentary filmmakers, sick and tired of the “clearance culture” that is gumming up the works, are sorting out on their own initiative how to balance their roles as creators and re-users of culture.
And in another small victory for my job security, the panel was videoed, and I got hold of the event organizer to request a copy for the repository.