Free Culture « Nina Paley’s Blog

Paley & Doctorow argue over Non-Commercial licenses

Venerable author Cory Doctorow and I had this email correspondence this Summer, with the intention of sharing it to illuminate some issues confronting Free Culture and Creative Commons licenses. My thanks to Cory!

May 17, 2010

Hi Cory,

I’m writing to invite you to experiment with what I think is a brilliant innovation from QuestionCopyright.org: the Creator Endorsed Mark.

You clearly laid out your reasons for using -NC licenses in THE COPYRIGHT THING:

“I like the fact that copyright lets me sell rights to my publishers and film studios and so on. It’s nice that they can’t just take my stuff without permission and get rich on it without cutting me in for a piece of the action.” link

The Creator Endorsed Mark effectively achieves the same thing, but without commercial monopolies. As you know, -NC licenses have some drawbacks: there’s no clear delineation between commercial and non-commercial use. You write,

“It’s just stupid to say that an elementary school classroom should have to talk to a lawyer at a giant global publisher before they put on a play based on one of my books.” link

It is stupid, but if the school raises any money to put on that play, or charges for tickets, or any number of other likely scenarios, then it’s commercial use of your work. You know it’s stupid, and I know it’s stupid, and maybe even some teachers and students know it’s stupid, but the school is obliged to obey the law, and the -NC license says they have to negotiate permission. If there’s a legal adviser at that school, they’re not going to allow the play without permission; and if asking for permission is too uncertain or labor-intensive (as it is in almost all cases – a lawyer may not know what an exception yours is), they won’t put on the play.

The Creator Endorsed Mark solves that problem. There is no commercial monopoly to infringe on. Big players – “publishers and film studios and so on” – need your Endorsement. If they cross you and your fans, they have a huge publicity problem; if they obtain your endorsement and cooperation, they sell more copies. The Creator Endorsed Mark increases the monetary value of distributed works, and is an essential investment for a distributor to make. But unlike a commercial monopoly, it doesn’t legally threaten or punish all those other players who are so crucial to a thriving cultural economy: schools putting on plays, other creatives building on the work, and otherwise unimaginable scenarios.

Continue reading Paley & Doctorow argue over Non-Commercial licenses

Inspiration (a.k.a. Artist’s Prayer)

Our Idea
Which art in the Ether
That cannot be named;

Thy Vision come
Thy Will be done
On Earth, as it is in Abstraction.

Give us this day our daily Spark
And forgive us our criticisms
As we forgive those who critique against us;

And lead us not into stagnation
But deliver us from Ego;

For Thine is the Vision
And the Power
And the [...]

An Honor from Public Knowledge

Other news I’ve been remiss in not posting until now: I’ve been chosen to receive an IP3 Award from Public Knowledge!

Awards are given to individuals who over the past year (or over the course of their careers) who have advanced the public interest in one of the three areas of “IP” –Intellectual Property, Information [...]

Embeddably Yours

Huge thanks to Brett Thompson for adding embed code to Mimi & Eunice! Now they’re easy to share by anyone. Just click “embed this comic,” copy the code that pops up, and paste it in your blog or web page. Use ‘em to illustrate your own articles! Insert ‘em into your arguments! Share ‘em with your [...]

Happy Birthday, EFF!

Animated, directed, written, produced, etc. by Nina Paley
Starring Mimi (of Mimi & Eunice)
Sound Design by Greg Sextro
Produced with assistance [...]

Mimi & Eunice return!

Check out this comic and more on mimiandeunice.com!

And they’re embeddable now! Thanks to Mike Caprio for rebuilding the site from scratch. Looking for a specific strip? See thumbnails of the complete archives all at once, or larger strips on the feed page. All comics at mimiandeunice.com link to gigantic high-res PNGs which you can reprint and [...]

My Official Fight Song

I’ve been digging through my old original comics archives, selecting artwork for upcoming exhibits at the San Francisco Cartoon Art Museum and the Betty Boop Festival in Wisconsin Rapids, Wisconsin. This old gem, while not one of my best, has extra sentimental value. “George the Monster,” who featured in early Nina’s Adventures strips, is [...]

Correction, again

I’m reposting this (originally posted July 2009) because misinformation continues to spread all over the interwebs. Maybe I’ll post it every month.

Dear Journalists Dear Journalists, bloggers, commenters, etc.,

Some of you are writing that I was forced to choose the Creative Commons Attribution Share Alike license because the film is violating copyright. That [...]

What’s wrong with “streaming” DRM?

Judging from comments here, at Techdirt, and at BoingBoing, there seems to be much confusion about why I don’t want DRM on Sita Sings the Blues. The simplest explanation is this: I am making my film available to all under an open license. Allowing a party to take the benefit of that license, but then limit [...]

Turning down Netflix

Sita Sing the Blues has a few Endorsed DVD distributors. In addition to QuestionCopyright.org and myself, there’s FilmKaravan, a distribution collective that handles “downstream” deals with VistaIndia and IndiePix. Their distributions are on amazon.com (I get a much smaller percentage from those than from my DVDs, but they reach a much wider market) and Netflix.

In addition [...]

Copying Is Not Theft – Best!

At last, our “official” version of Copying Is Not Theft, with a fab new arrangement by [...]

Sita #1 rated film on Rotten Tomatoes

Sita Sings the Blues is Rotten Tomatoes’ best-reviewed film of the year. Today, anyway. To preserve this precious moment, I took a [...]

The Vegetarian at the Butchers’ Seminar

Yesterday I attended a film conference. I found myself at a talk in which filmmakers were advised how to negotiate deals.

I felt sick listening, and wondered why. Monopolies were an unquestioned, underlying assumption. When the time came for audience comments and questions, I said that rights were monopolies, that monopolies prevent the market from functioning, [...]

Mimi & Eunice

Many years ago, I thought “Mimi & Eunice” would be a great name for a comic strip. Recently I’ve been needing to do some drawing just to keep my head from exploding, so this week I figured, why not Mimi & Eunice?

As far as I can tell, Mimi & Eunice are two middle-aged children/baby psychos/heterosexual lesbians. That’s all I can surmise so far. I didn’t put my name on these comics, but I did tag them with the URL mimiandeunice.com. (Unfortunately that site is a mess right now. Webmaster Ian installed the comicpress theme in wordpress, but it’s squishing the strips horizontally unless I make them really tiny. Also, even though it lets me bulk upload media, it doesn’t let me bulk post.

So I’m just posting a bunch of them here, for now. If anyone out there makes great comics web sites and wants to make one Mimi & Eunice, please get in touch!)

Other than getting mimiandeunice.com functional and pretty, I need to decide which license to release them under, or whether to use a license at all. So far copyleft, as embodied in the Creative Commons Share Alike license, has served my work very well. But maybe I should go for Public Domain instead?

If I use a license, it’ll be one of the 3 Free licenses Creative Commons offers:

CC-BY-SA (copyleft)

CC-BY (attribution)

CC-0 (Public Domain)

The advantage of copyleft is it ensures the work stays Free. Any derivatives must be released under the same terms, so no one can lock it up. It prevents abusive exploitation; no one can monopolize it. The drawback is that keeps it from being used in some projects that use more restrictive licenses. As nasty as restrictive licenses are, they’re still very common, and many worthy projects use them. You can still use a copyleft work within a larger copyrighted work as “Fair Use,” but few are willing to take that risk.

CC-BY (attribution) is compatible with both copyleft and copyright projects, which could conceivably allow the works to spread further. But it still relies on the threat of legal force to ensure attribution. As I wrote recently, attribution has limits that the law might not recognize. Also, I’m intrigued by avoiding legal enforcement as much as possible, and relying on social mores and community ethics to ensure attribution. In fact I already do this with Sita Sings the Blues, but if I want to sue someone for plagiarism or improper attribution, I can. Is that threat really necessary?

Sometimes I think CC-0 (Public Domain) is the most spiritually advanced license. No legal claim to attribution. No legal claim to anything. To put a work in the Public Domain is to totally let it go. That is a turn-on.

Unfortunately many useful Public Domain works are snatched right out of the Public Domain via copyrighted “derivative works”. Take the comic above. If you changed the background color on panel 3 from reddish-gray to lime green, you could say you’ve made a new work and copyright the result. I don’t mind modifications like changing colors, in fact I encourage them; but I abhor monopolies, and the thought of someone then locking up the work in this way is troubling. Certainly the source would remain in the Public Domain. But if someone else modified the source in a similar way, being likewise inspired to change the color of panel 3 to lime green, they could be sued by the jackass that copyrighted his lime-green-panel-3′ed version.

Lewis Carroll’s Alice in Wonderland is in the Public Domain, and technically you can still build on it. But if your “derivative work” too closely resembles Disney’s, they will sue your ass. The laws don’t recognize parallel evolution, nor do the tiny shriveled minds of the corporate executives who wrote them. Thus, although the exact text of Carroll’s original Alice in Wonderland is PD, it’s no longer “free” to build on thanks to corporate monopolies on derivative works.

Much as I want to let go entirely, I fear that could be socially irresponsible. Which also why using no license at all is not really an option. In our world, everything is copyrighted, whether it displays the © symbol or not, whether it’s registered or not, whether it’s attributed or not. Everything is “owned” by someone. Therefore unless something is very clearly marked as Free, it is assumed to be Owned. No license at all would make it impossible for would-be re-users to determine whether the work is legally safe to use.

A friend pointed out that the State gets into everything. Just because I don’t invoke repressive copy restrictions directly, doesn’t mean they don’t affect my work indirectly. Copyright affects everything, whether it’s copyrighted or not. Art is born free, but is everywhere in chains.

Another friend pointed out that my desire to “let go” is still desire. Choosing CC-o/Public Domain to experience the thrill of “selflessness” may actually be more selfish than choosing strong copyleft.

I want my art to stay free. How to achieve that under our current copyright regime, is quite a dilemma.

Continue reading Mimi & Eunice

Forever Frunch

Every Friday, 2 pm, Soy & Sake @ 47 7th Ave S (at Commerce St) in New York’s West Village. Open to anyone who is into Free Culture, Free Software, Free Speech, Intellectual Freedom, anti-censorship, etc.

YES we do this every week. [...]