Gnaana “Avatars of Vishnu” Calendar

http://www.gnaana.com/images/uploads/dir/hindu-cal3.jpg

This came out really nice! A small company called Gnaana used my Avatars of Vishnu art to make a very lovely wall calendar. The art is Free Culture; the printed calendars are rivalrous goods which you can buy here. I just got my copies, and they are really handsome.

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How To Free Your Work video


Here at last is the video from my first How To Free Your Work workshop, given at NY Foundation for the Arts in Brooklyn, October 5 2011. You can get all the information contained herein as easy-to-read instructions at QuestionCopyright.org. If you want me to give a workshop like this to your group, please contact me.

Dear Internet, we need better image archives

Dear Internet,

You know what should be really easy to find online? Good quality, Public Domain vintage illustrations. You know, things like this:
Hats / chapéus

I found this on Flickr, where someone claims full copyright on it. That’s copyfraud, but understandable because Flickr’s default license is full copyright (all the more reason to ignore copyright notices!). But copyfraud is not the main problem. The main problem is that images like this are painfully difficult to find online, especially at high resolutions (and this image is only available at medium resolution – up to 604 pixels high, which is barely usable for most purposes but higher than much of what you find online).

The images are out there – and with zillions of antique books being scanned, their vintage illustrations are being scanned right along with them. But the images are buried in the text, and often the scan quality is poor. Images should be scanned at high quality, and tagged for searchability.

Are archives ignoring the value of images?

Take the American Memory archive of the Library of Congress. Lots and lots of historical documents here, but no way for me to find an image of, say, a horse.

Most bookscanning projects focus on texts, not illustrations. Many interesting and useful illustrations are buried within these scans, uncatalogued and inaccessible. Scan quality is set for text, not illustrations, so even if one can find a choice illustration buried within, its quality is usually too low to use.

Archive.org is great (I love you, archive.org!) but does not have an image archive. Still images are not among their “Media Types” (which consist of Moving Images, Texts, Audio, Software, and Education). So I went spelunking through their texts, starting with “American Libraries,” and searched for something easy: “horse.” Surely I could find a nice usable etching of a horse in there somewhere. I eventually found “The Harness Horse” by Sir Walter Gilbey, from 1898.


Nice illustrations! Can I use them? Unfortunately, no. The book is downloadable as PDF and various e-publication formats, but when I try to extract the illustrations, I get a mess:

Copied and pasted from Adobe Acrobat. WTF?

The same image, inverted. Doesn't work.

"Save Image as..." from Acobat. This worked, except where it didn't: part of the image is simply missing.

Clearly something is messed up here. Was it just that page? Alas, no:

This sad image from another page has the same problem

The scans have some flaws that PDFs and Photoshop can’t cope with:

Screen grab of zoomed-in view from Acrobat. What looks like a blur in the PDF renders the image unusable when extracted.

These images are not useable, which is a pity because they are very nice illustrations. And they seem to be among the higher quality scans, which again isn’t saying much.

Let me add that it’s great these books are being scanned at all! That’s definitely better than losing them entirely. But as an artist, it saddens me that we’re neglecting this wealth of visual art. I’d like to see our rich visual history properly archived. Our bias favoring text over pictures is especially ironic considering how much more efficiently information is communicated to humans through images; “A picture is worth a thousand words,” or more. That’s why I’m a cartoonist, after all.

I was able to extract one clean image from the book, on page 48:

Unfortunately I can’t use this illustration for my purposes, but maybe someone else can. I’ve already gone through the trouble of finding it in a text, extracting it, and rotating it. If only there were some image archive I could upload it to at high resolution, so someone else could use it. I could tag it, to make it easier to find. I could include all kinds of useful metadata, like what book it was from and when it was published; but even if that was too bothersome, I could at least include tags like “horse,” “rider” and “engraving.” Wouldn’t it be nice if such an archive existed? Wikimedia Commons is close, although I dread uploading things there after having all my open-licensed comics deleted by an overzealous editor. But maybe they’re our best hope.

Continuing my searches on archive.org, I found this ostensibly Public Domain, vintage horse book with line illustrations. Unfortunately this is controlled by Google Books. It’s “free” to read online in Google’s reader, which doesn’t allow any image export. It also doesn’t allow me to zoom in.

All those illustrations, trapped at low resolution, unusable (even if they were tagged/catalogued, which they aren’t). This is our “Public Domain.” Who exactly is benefitting from having these 18th Century illustrations inaccessible to today’s artists?

Then there’s Dover Books. I loved Dover books growing up – they introduced me to the idea of the Public Domain. Dover reproduces vintage illustrations in books for artists and designers. Their paper books were reasonably priced, and you could use the illustrations for anything, without restriction. Browsing was free, so I would flip through the pages in the book store, and if it had what I needed, I’d buy it. <p class="pzoomtext">See larger image</p>

Dover is still selling books, but the prices are now relatively high, few are carried in bookstores, and they prohibit browsing online. You have to shell out $15 to find out if what you need is in the book, and how could you know? They seem to be clinging to an outdated copyright model, and rather than selling things of added value, they are simply blocking access to existing Public Domain works, in order to collect a toll.

What else has kept a good public archive of Public Domain images from existing? Some artists and archivists do make high quality scans of vintage illustrations – and keep them to themselves. I guess we could call this “image hoarding.” I assume the reasoning is, “I went through all the trouble to scan it, why should I share? Others can pay me if they want a copy.” Also there’s the “finders, keepers” reasoning: “anyone else is free to find the same illustration in another antique book, but I found this one, so it’s mine.” And so these images remain inaccessible, not part of any public archive.

Wikimedia Commons is the best public image archive I know of right now. A bit of searching led me to their “Engravings of Horses” category, which yielded some nice images. Unfortunately, many of these are not available at sufficiently high resolutions.File:Fotothek df tg 0005647 Nutztierhaltung ^ Tiermedizin ^ Pferd ^ Krankheit.jpg

The maximum size of this image is 800 × 608 pixels, which limits its use.  Limited image sizes and limited selection have been the biggest obstacles to my relying more on Wikimedia Commons; but it can get better. Maybe it will. It would be nice if something became the public vintage image archive I and so many other artists need.

How to Free Your Work

This Summer, I quietly and with no fanfare posted this guide to How to Free Your Work at QuestionCopyright.org. Nobody pays attention to anything in the Summer, but now it’s Fall, schools are in session, and things are happening, so consider this an announcement: How to Free Your Work is live and you should go check it out.

If you’d rather hear it live from the source, I’ll be giving a workshop on the same topic October 5th in Brooklyn. Register here.

Frunch: the Free Culture Lunch

197px-Copyleft.svg

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. Good times!

Free Motion quilting at NY Maker Faire

I’ll be demonstrating Free Motion quilting and embroidery at the NY Maker Faire September 17 & 18 (next weekend):

Maker Faire
New York Hall of Science
47-01 111th Street
Queens, NY  11368-2950

Come on down and say hello!

My little Janome, which I'll be bringing to Maker Faire

 

Seder Masochism: Phase I

Behold, self-hating Children of Israel! I have a new Kickstarter project, which could become a new film.

Dear Iceland

Dear Iceland,

I really want to visit your country in early to mid October. A festival in Sweden has invited me to speak around October 14-16, and would like to make a stopover before or after or both. I am greatly intrigued by Iceland’s Modern Media Initiative*. Might there be some way I could speak at a university there, or at least meet Icelanders involved with media reform and free speech issues?

Love,

–Nina

*P.S. OK, not just the Modern Media Initiative. I’m also intrigued by your giant thermal pools.

The Blue Lagoon Geothermal Spa Close to Reykjavik, Iceland

The Public Domain Review

The Public Domain may not be growing (thanks to endless retroactive copyright term extensions) but it still contains a “whopping plentitude.” The biggest challenge to users is simply discovering PD works in the first place. Fortunately the Open Knowledge Foundation (one of the best Free Culture organizations anywhere) has just given everyone a leg up with its new web site, the Public Domain Review. From their About page:

The Public Domain Review aspires to become a bounteous gateway into the whopping plenitude that is the public domain, helping our readers to explore this rich terrain by surfacing unusual and obscure works, and offering fresh reflections and unfamiliar angles on material which is more well known.

Go there to find all kinds of delicious images, texts, sounds, and other treasures that, thanks to our collective cultural amnesia, are as fresh and exciting as anything Big Media tries forcing down our throats today.


Above: Princess Nicotine, and early stop-motion silent film, featured on The Public Domain Review.

Success! Sita Sings the Blues Once Again Viewable on German Youtube

After one or two (or more?) years of being blocked on German Youtube, the full-length noncommercial Sita Sings the Blues movie is once again viewable in Deutschland:

I assume this is because last week I posted this video, complaining about why my 100% legal and painstakingly and expensively licensed movie was blocked in Germany:

Apparently many Germans are none too pleased with GEMA themselves, as indicated by interesting comments here. Some industry shills weighed in as well, but it looks like popular sentiment is against them. The story was shared widely, including in Der Spiegel and the New York Times online editions.

It’s not clear how an American YouTube user is supposed to contest takedowns in Germany. When I was in Berlin recently, it was suggested I find a German lawyer to take some sort of action. At the very least, I would need someone in Germany to contest the takedown on my behalf. I imagine that would have been a slow and possibly expensive process. Then I thought of making this video. Although it took some work (writing a statement – yes I know it’s an imperfect statement, I did the best I could with the knowledge I had – shooting the video, recording the audio via a separate mic, transferring files, editing, compressing, etc.) it was less work than managing an international legal process. And it got results fast! Better still, it contributed to ongoing debates about GEMA and Intellectual Pooperty in general.

My thanks to everyone who helped spread the word about this, and especially people in Germany who checked the Sita Sings the Blues URL and confirmed when the movie was blocked, and when it was unblocked.

GEMA issues fraudulent takedown of Sita Sings the Blues in Germany

Apparently it’s been blocked there for over a year, but without lawyers there’s not much I can do about it from the US….so I made this video. Please share, especially if you’re in Germany.

Addendum: Why do I say Culture is not a Commons?

Addendum to Culture is Anti Rivalrous

Why do I say Culture is not a Commons?

Because a commons is a publicly or collectively owned good, and culture can’t be owned. Page 12 in Lewis Hyde’s Common As Air (see article on why air isn’t a metaphor I’d use) refers to “the old idea of ‘the commons’ as a way to approach the collective side of ownership.” Whoa there. We agree that Culture shouldn’t be privately owned, but where I differ is that Culture shouldn’t – and can’t – be owned at all. When we call Culture a commons we remain in the framework of culture-as-property, the framework of ownership.

But: Culture. Can’t. Be. Owned.

The correct answer to the question of “who owns culture?” is “no one.” Not Sony. Not “The Author.” Not “The Public.” No one owns Culture, because Culture isn’t property. So I prefer not to talk about it like it is property, or something that can be owned. So I don’t call it a commons.

Also, I wrote that real commons – real collectively owned goods – need to be regulated and/or managed, because they are rivalrous and/or scarce. Calling Culture a commons implies that it needs to be regulated and/or managed. That sometimes betrays an unexamined belief that copyright is “natural,” that private interests could somehow step in and “own” Culture without interference. But Copyright and cultural ownership are completely artificial, legal fictions, State-granted monopolies that can only exist if Culture is artificially (and misguidedly) “managed.” So again, calling Culture a Commons implies it needs to be “managed”, reinforcing the same mental framework that allows copyright and the private ownership of ideas to thrive.

I’m not going to fight against anyone calling Culture a commons. Most progressives do it, and we should be working together, blah blah etc. But I did want to clarify why I wrote that Culture is not a commons, since it may freak some people out. Sometimes I refer to “our shared cultural heritage,” which is about as close as I come to calling it a commons myself. Language is tough. For example, there’s no word for the opposite of property. Until there is, it may be difficult to wrap our heads around the idea that something actually isn’t property and can’t be owned, collectively or privately.

At least I can use the word anti-rivalrous now.

Culture is Anti-Rivalrous

Economists talk about rivalrous and non-rivalrous goods, but Culture is neither rivalrous, nor non-rivalrous; it is anti-rivalrous.

I. Rivalrous

Rivalrous goods diminish in value the more they are used. For example, a bicycle: if I use it, it gets me from here to there, if you use it, it gets me nowhere. If I acquire your bicycle, you don’t have it any more. Only one of us can have the bicycle at one time. We can share it to a limited extent, but the more it’s used the less it’s worth; it gets dinged up and wears out. The more people use the bicycle, the less utility it has.

If I steal your bicycle, you have to take the bus

All material things – things made of atoms – are rivalrous, because an object cannot be in two places at the same time. Everything in the physical world is rivalrous, even if it’s abundant.

A commons is a rivalrous good. Hence the “tragedy of the commons“: the more people use a square of land, the less valuable it is to each of them. The grass gets eaten too fast to grow back, the soil can’t handle the incoming rate of sheep shit, and degradation ensues.

the commons

Fig. 1: a lovely day for grazing on the commons

tragedy of the commons

Fig 2: Tragedy strikes

Rivalrous and non-rivalrous are often confused with scarce and abundant, but they’re not the same thing. Air is abundant, but it is still rivalrous – some “users” could make it toxic for the rest of us, because air is not infinite. Land and water are so abundant in North America that Native Americans couldn’t imagine owning or depleting them, and look what happened. We treat the oceans as infinite, but they are not; human pollution and exploitation is killing ocean life. We also pollute the vast ocean of air – hence acid rain. Air and oceans are commons.

Commons are commonly-held rivalrous goods. Because they are rivalrous, some uses (or over-use) can poison them or otherwise diminish their value. For that reason, Commons(es) actually merit rules and regulations.

But Culture is not a commons, because Culture is not rivalrous and can’t be owned.

II. Non-Rivalrous

Non-rivalrous goods, as their name implies, don’t diminish in value the more they are used. A favorite example of a non-rivalrous good is the light from a lighthouse. It shines for everyone. No matter how much you look at it, I can see it too.

Everyone can see the light from the lighthouse...

This is a pretty good example, but it’s not quite right. Theoretically, if enough tall boats are in the harbor, they actually can crowd out your lighthouse light.

...except when they can't. Once again, too many sheep ruin everything.

Consider sunlight in Manhattan; yes, the sun shines for everyone, but if they build a high-rise next to your apartment you won’t see it any more. There’s only so much sunlight that hits a certain area, and that light is rivalrous. You can always move, of course – except land, while abundant, is definitely rivalrous and not infinite, so you’ll have to engage in some rivalry to do so.

The light metaphor has another problem: is light a particle, or a wave? If it’s a particle, then light is rivalrous. If it’s a wave, then it’s not.
Thomas Jefferson used the example of candle fire, writing “He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.” Of course candles burn out but it’s not the light that’s diminished, it’s the candle. That’s a great metaphor for attention, which is scarce: once our attention is used up, the light goes out.
But Culture is not non-rivalrous either.

III. Anti-Rivalrous

Anti-rivalrous goods increase in value the more they are used. For example: language. A language isn’t much use to me if I can’t speak it with someone else. You need at least two people to communicate with language. The more people who use the language, the more value it has.

Which language do you think more people would pay to learn?

  • English
  • Esperanto
  • Latvian

More people spend money and time learning English, simply because so many people already speak English.

Social networking platforms increase in value when more people use them. I use Facebook not because I love Facebook (I certainly don’t), but because everyone else uses Facebook. I just joined Google+, and will use that instead of Facebook if enough other people use it. If enough people flock to yet another platform, I’ll use that instead. Meanwhile I love Diaspora in principle (I was an early Kickstarter backer, before they surpassed their initial $ goal), but I don’t use it, because not enough other people do. When it comes to social networks, I am a sheep.

I'm surrounded by stupid sheep

A classic "Nina's Adventures" comic, which I only realized was anti-rivalrous a few years ago. ♡ Copying is an act of love. Please copy and share.

Culture is anti-rivalrous. The more people know and sing a song, the more cultural value it has. The more people watch my film Sita Sings the Blues, or read my comic strip Mimi & Eunice, the happier I’ll be, so please go do that now and then come back and read the rest of this paragraph. The more people know a movie or TV show, the more cultural value it has. Monty Python references attest to the cultural value of Monty Python – we even use the word “spam” because of it. Shakespeare‘s works are culturally valuable, and phrases from them live on in the language even apart from the plays (“I think she doth protest to much,” etc.). The more people refer to Monty Python and Shakespeare, the more you just gotta see em, amiright? Or not, it doesn’t matter whether you see them, you’re already speaking them. That all culture is a kind of language, I’ll leave for another discussion.

Cultural works increase in value the more people use them. That’s not rivalrous, or non-rivalrous; that’s anti-rivalrous.

IV. Some Exceptions That Prove The rule

I know what you’re gonna say now: “what about my credit card number? That doesn’t increase in value if it’s shared!!” That’s right, Einstein, because your credit card number is not culture. Here are two things that aren’t made of atoms and are nonetheless rivalrous:

1. Identity
2. Secrets

Identity is some mysterious mindfuck that my very smart friend Joe Futrelle says no one has satisfactorily defined yet. But whatever identity is, it’s rivalrous. If more people were named Nina Paley and had my home address and social security number, I’d be screwed. But that should highlight that my name, home address, and social security number aren’t culture. They may be information, but they’re not culture. They don’t increase in value the more they are used.

Secrets have power as long as they’re secrets. They lose their power when they are shared. When I become conscious of some secret that’s weighing on me, I share it with at least one other person (even if they are a confidante also sworn to secrecy): I can feel the secret’s power diffused just by the act of sharing. Notice I use “power” here instead of “value.” Secrets may be of little or no cultural value – most people don’t really care who that guy slept with 6 years ago – but they can certainly have power, especially when used for blackmail. Which is why it’s important they remain secrets, so they’re not used for blackmail, or harassment, or any reason at all. Privacy is important. Because secrets aren’t culture. Culture is public. Secrets are, well, secret. Until they’re public, whereupon we get scandalous stories that are culture – humans love to gossip – but aren’t secrets any more. The story might gain value, but the secret loses it.

Money vs. Currency
And how about money? Money is scarce, right? It has to be, or it doesn’t work (thanks Wall Street & Federal Reserve for screwing that up). But currency has more value the more it is used! Would you rather have your scarce 100 Euros in Euros, or in giant immoveable donut-like stones on a remote island?

A large rai stone in the village of Gachpar

I remember when the US dollar was a valuable currency; markets all over the world wanted dollars, because they were so widely used and exchangeable. So you want your money to be scarce, but you want your currency as widely used as possible.

V. Conclusion

It’s important to treat scarce goods as scarce, abundant goods as abundant, rivalrous goods as rivalrous, and so on. Wall Street treated money, a scarce and rivalrous good, as though it were infinite/non-rivalrous, and look what happened.  Power companies, and the politicians they own, treat the environment, which is a rivalrous commons, as though it were non-rivalrous, and we have dying oceans and mass extinctions and other events you don’t want to think about so much that you’ll just get mad at me if I point them out here so I’ll stop. The RIAA and MPAA, and the politicians they own, treat Culture, which is anti-rivalrous, as though it’s rivalrous. They are doing for Culture what Wall Street did for the economy. If you want to help make this better, treat Culture like what it is: an anti-rivalrous good that increases in value the more it is used.

 

Addendum: Why do I say Culture is not a Commons?

RANTIFESTO

Adapted from a talk and slide show I presented at the Open Knowledge Conference in Berlin on July 1, 2011. –NP

Why are the Freedoms guaranteed for Free Software not guaranteed for Free Culture?

Free software is a matter of the users’ freedom to run, copy, distribute, study, change and improve the software. More precisely, it means that the program’s users have the four essential freedoms:

  • The freedom to run the program, for any purpose (freedom 0).
  • The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
  • The freedom to redistribute copies so you can help your neighbor (freedom 2).
  • The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.

The Free Software Definition

These are the Four Freedoms of Free Software. They are foundational principles, and they are exactly right. They have served and continue to serve the Free Software Movement very well. They place the user’s freedom ahead of all other concerns. Free Software is a principled movement, but Free Culture is not – at least not so far. Why?

1. The No Derivatives (-ND) Restriction

If you tinker with software, you can improve it. You can also break it or make it worse, but the Freedom to Tinker is one of the foundational 4 Freedoms of Free Software. Your software may also be used for purposes you don’t like, used by “bad people,” or even used against you; the Four Freedoms wisely counsel us to GET OVER IT.
Unfortunately, The Free Software Foundation does not extend “Freedom to Tinker” to Culture:

Cultural works released by the Free Software Foundation come with “No Derivatives” restrictions. They rationalize it here:

Works that express someone’s opinion—memoirs, editorials, and so on—serve a fundamentally different purpose than works for practical use like software and documentation. Because of this, we expect them to provide recipients with a different set of permissions (notice how users are now called “recipients,” and their Freedoms are now called “permissions” –NP): just the permission to copy and distribute the work verbatim. (link)

The problem with this is that it is dead wrong. You do not know what purposes your works might serve others. You do not know how works might be found “practical” by others. To claim to understand the limits of “utility” of cultural works betrays an irrational bias toward software and against all other creative work. It is anti-Art, valuing software above the rest of culture. It says coders alone are entitled to Freedom, but everyone else can suck it. Use of -ND restrictions is an unjustifiable infringement on the freedom of others.

For example, here I have violated the Free Software Foundation’s No-Derivatives license:

The Four Freedoms of Free Culture:

1. The freedom to run, view, hear, read, play, perform, or otherwise attend to the Work;
2. The freedom to study, analyze, and dissect copies of the Work, and adapt it to your needs;
3. The freedom to redistribute copies so you can help your neighbor;
4. The freedom to distribute copies of your modified versions to others. By doing this you can give the whole community a chance to benefit from your changes.
(link)

Without permission, I’ve created a derivative work: the Four Freedoms of Free Culture. Although I violated FSF’s No-Derivatives license, they violated Freedoms # 2 and 4, so we’re even.

2. The Non-Commercial (-NC) Restriction

The Freedom to Distribute Free Software is essential to its success. It has given rise to many for-profit businesses that benefit the larger community.

 

 

 

Red Hat, Canonical – would the world be better if such companies were forbidden? Would Free Software benefit from a ban on those businesses?

Yet the Cultural ecosystem is stunted by the prevalence of Non-Commercial restrictions. These maintain commercial monopolies around works, and  – especially for vocational artists like me – are functionally as restrictive as unmodified copyright. Yet they are widely  mislabeled “Free Culture,” or even “Copyleft.”

Which of these things does not belong?

This is a still from the mostly excellent and popular documentary RIP:a Remix Manifesto. This film is many peoples’ introduction to the term “Free Culture” and “Copyleft.” But as you can see, the Non-Commercial restriction is lumped in with actual Free license terms.

See that dollar sign with the slash in it? That means Non-Commercial restrictions, which are most definitely NOT Copyleft. (I’ve posted about Creative Commons’ branding confusion before, but it’s only gotten worse since then.)

NC stands for Not Copyleft

This film is itself licensed under unFree Non-Commercial restrictions. As an artist and filmmaker, I have found confusion is rampant among my creative colleagues. Some filmmakers are beginning to think the term “Free Culture” is cool, but they still want to restrict others’ freedom and impose commercial monopolies on their works.

This doesn’t help either

The book Free Culture by Lawrence Lessig its itself not Free culure, but it is widely looked up to. It sets an unfortunate and confusing example with its Non-Commercial license. It illustrates the absence of guiding principles in the Free Culture movement.

I have spoken to many artists who insist there’s “no real difference” between Non-Commercial licenses and Free alternatives. Yet these differences are well known and unacceptable in Free Software, for good reason.
Calling  Non-Commercial restrictions “Free Culture” neuters what could be an effective movement, if it only had principles.

So what do I want?
I want a PRINCIPLED Free Culture Movement.

I want Free Software people to take Culture seriously. I want a Free Culture movement guided by principles of Freedom, just as the Free Software movement is guided by principles of Freedom. I want a name I can use that means something – the phrase “Free Culture” is increasingly meaningless, as it is often applied to unFree practices, and is also the name of a famous book that is itself encumbered with Non-Commercial restrictions.

I want a Free Culture ecosystem that allows artists to make money. I want anyone to be able to accept money for their work of remixing and building on Culture – just as a trucker can accept money for driving on a road. I want money to be among the many incentives to participate in building culture. Without the freedoms to Tinker and Redistribute without restriction, there is little incentive to build on  and improve cultural works. There is little reward to help your neighbor, when you are guaranteed to lose money doing so. “Free Culture” with non-Commercial restrictions will remain a hobby for those with a surplus of time and labor, and those who only accept money from monopolists.

I want commerce without monopolies. I want people to understand the difference.

I want a Free Culture ecosystem that includes equivalents of  businesses like Red Hat and Canonical. I want cultural businesses that give back to their communities, that work with their customers instead of against them. Only if we refuse to place Non-Commercial and No-Derivatives restrictions on our works will a robust Free Culture ecosystem be able to emerge.

I want the Free Software community – those who currently best understand the Four Freedoms – to champion the rest of Culture, not just Software. I want Freedom for All.

Credit is Due (The Attribution Song)


High res video, audio (song), and stills at archive.org Crossposted at QuestionCopyright.org.

LYRICS:
Always give credit where credit is due
if you didn’t write it, don’t say it’s by you
just copy the credit along with the work
or else you’ll come off as an arrogant jerk

Always give credit where credit belongs
we know that you didn’t write Beethoven’s songs
pretending you did makes you look like a fool
unless you’re Beethoven – in that case, it’s cool

A transparent system makes cheating unwise
the simplest web search exposes your lies
no one wants their reputation besmirched
which happens to liars when they are web-searched

Proper citation will make you a star
it shows that you know that we know who you are
Plagiarization will only harm you
so always give credit where credit is due!

Synopsis:
Mimi makes a copy of a Beethoven Symphony with a giant copy machine. Trouble starts when Eunice erases Beethoven’s name and writes in her own. This makes Eunice look like an ass. Searching the Internet (itself a giant copy machine) confirms that Eunice is a liar. Eunice realizes her mistake and corrects it, but by then everyone’s moved on – her plagiarism is barely a blip in the spread of correctly-attributed cultural works through copying.

Explanation:
Whenever I speak about Free Culture at schools, I’m asked “what about plagiarism?” Copying and plagiarism are two quite different things. As Mimi demonstrates with the giant Copy Machine, copying a work means copying its attribution too:

just copy the credit along with the work

When people copy songs and movies, they don’t change the authors’ names. Plagiarism is something else: it’s lying. If Copyright has anything to do with plagiarism, it’s that it makes it easier to plagiarize (because works and their provenance aren’t public and are therefore easier to obscure and lie about) and increases incentive to do so (because copying with attribution is as illegal as copying without, and including attribution makes the infringement more conspicuous). American Copyright law does not protect attribution to begin with; it is concerned only with “ownership,” not authorship.  Many artists sign their attributions away with the “rights” they sell, which is why it can be difficult to know which artists contributed to corporate works.

I chose Beethoven to illustrate how copyright has nothing to do with preventing plagiarism. All Beethoven’s work is in the Public Domain. Legally, you can take Ludwig van Beethoven’s songs, Jane Austen‘s novels, or Eadweard Muybridge‘s photographs and put any name you want on them. Go ahead! You’re at no risk of legal action. Your reputation may suffer, however, and you definitely won’t be fooling anyone. If anyone has doubts, they can use that same copy machine – the Internet – to sort out who authored what. Lying is very difficult in a public, transparent system. A good analog to this is public encryption keys: their security comes from their publicity.

The song says “always give credit where credit is due,” but in many cases credit is NOT due. For example, how many credits should be at the end of this film? I devoted about two and a half seconds to these credits:

Movie and Song by Nina Paley
Vocals by Bliss Blood

But I could have credited far more. In fact, the credits could take longer than the movie. Here are some more credits:

Ukelele: Bliss Blood
Guitar: Al Street
Recorded by Bliss Blood and Al Street

What about sound effects? Were it not for duration constraints, this would be in the movie:

Sound Effects Design by Greg Sextro

Every single sound effect in the cartoon was made by someone. Should I credit each one? Crash-wobble by (Name of Foley Artist Here). Cartoon zip-run by (Name of Other Foley Artist Here). And so on: dozens of sound effects were used in the cartoon, and each one had an author. What about the little noises Mimi & Eunice make? Not only could the recording engineer be credited, but the voice actor as well (as far as I know, these were both Greg Sextro).

I included a few seconds of Beethoven’s Fifth Symphony at the end, which I didn’t credit in the movie.  Should I have? Why or why not?

I could credit the characters:

Starring:
Mimi
Eunice
& Special Guest Appearance by
Ludwig van Beethoven

I could be more detailed in crediting myself:

Lyrics and Melody by Nina Paley
Character design: Nina Paley
Animation: Nina Paley
Produced by Nina Paley
Directed by Nina Paley
Edited by Nina Paley
Backgrounds by Nina Paley
Color design by Nina Paley
Layout: Nina Paley
Based on the comic strip “Mimi & Eunice” by Nina Paley

And the funder!

This Minute Meme was funded by a generous grant from the Andy Warhol Foundation for the Visual Arts

I didn’t even make a card for the Minute Memes logo. Should that be in there?

I used a Public Domain painting of Beethoven for the Beethoven character, which is by Joseph Karl Stieler.  Who photographed the painting? Who digitized the photograph? Is credit due here?

File:Beethoven.jpg

The ass drawing also came from Wikimedia Commons, where it’s credited to Pearson Scott Foresman. But who actually drew it? I have no idea. I doubt that Pearson Scott Foresman could even legally claim the copyright on it to “donate” to Wikimedia in the first place, but there they are, getting credit for it instead of an artist. That’s because copyright is only concerned with “ownership,” not authorship.

File:Ass (PSF).pngThen there’s the software I used, good old pre-Adobe Macromedia Flash. Should I credit the software? What about the programmers who contributed to the software?
I also used a Macintosh computer (I know, I know, when Free Software and Open Hardware come close to doing what my old system does, I’ll be the first to embrace it) and a Wacom Cintiq pen monitor. How many people deserve credit for these in my movie?

Mimi and Eunice themselves were “inspired” by many historical cartoons. Early Disney and Fleischer animations, the “rubber hose” style, Peanuts, this recent cartoon, and countless other sources I don’t even know the names of – but would be compelled to find out, if credit were in fact due. Is it?

And so on. It is possible to attribute ad absurdum. So where is credit due? It’s complicated, the rules are changing, and standards are determined organically by communities, not laws. I had to edit the song for brevity, but I kind of wish I hadn’t excised this line:

A citation shows us where we can get more
of all the good culture that Free Culture’s for

Attribution is a way to help your neighbor. You share not only the work, but information about the work that helps them pursue their own research and maybe find more works to enjoy. How much one is expected to help their neighbor is determined by (often unspoken) community standards. People who don’t help their neighbors tend to be disliked. And those who go out of their way to deceive and defraud their neighbors – i.e. plagiarists – are hated and shunned. Plagiarism doesn’t affect works – works don’t have feelings, and what is done to one copy has no effect on other copies. Plagiarism affects communities, and it is consideration for such that determines where attribution is appropriate.

At least that’s the best I can come up with right now. Attribution is actually a very complicated concept; if you have more ideas about it, please share.