It seems the same people who can’t tell the difference between fraud and copying, also can’t tell the difference between anti-social disregard for authors and copyright reform. Folks invoking my name in the Cooks Source scandal are as clueless as Judith Griggs.
As usual, Techdirt has the best article on the topic:
…Cooks Source Magazine copied one woman’s blog post and published it as an article, without asking her permission or letting her even know about it. They did put her name on it, but she only found out after a friend spotted it and told her about it. Where the story takes a bizarre twist is after emailing with the editor of the magazine, Judith Griggs, asked the original author, Monica, what she wanted. Monica suggested a public apology (on Facebook) and a modest $130 donation to Columbia’s journalism school. That’s when Griggs responded like this:
“Yes Monica, I have been doing this for 3 decades, having been an editor at The Voice, Housitonic Home and Connecticut Woman Magazine. I do know about copyright laws. It was “my bad” indeed, and, as the magazine is put together in long sessions, tired eyes and minds somethings forget to do these things.
But honestly Monica, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it! It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. If you took offence and are unhappy, I am sorry, but you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally. Now it will work well for your portfolio. For that reason, I have a bit of a difficult time with your requests for monetary gain, albeit for such a fine (and very wealthy!) institution. We put some time into rewrites, you should compensate me! I never charge young writers for advice or rewriting poorly written pieces, and have many who write for me… ALWAYS for free!”
That response not only shows a rather confused understanding of copyright law, but also suggests someone who’s kinda sorta heard arguments about why copying can be beneficial, and jumbled them all together in her head. Now, we’ve spent plenty of time over the years showing how content creators can be better off allowing their works to be copied, but even so, Grigg’s response appears totally tone deaf to what Monica’s actual concerns were. But here’s where social mores and reputational value take over. Monica’s story made it onto Reddit and it got picked up by tons of others, leading the Facebook page of Cooks Source to be filled with angry comments from people supporting Monica.
Mimi & Eunice’s character designs evolved (barely) from this Copying Is Not Theft animation:
You’ll notice it starts off with the nose-stealing gag. I saw a similar gag over a decade ago in a brilliant Sam Henderson comic, the Magic Whistle, which made me laugh and laugh. Since Sam has made about a zillion such comics, I can’t find that one, but I did find this amusing one that relates to one of my favorite subjects, the First Amendment: Continue reading “Added Value”
About a year and a half ago I released my film Sita Sings the Blues under a Creative Commons Attribution-ShareAlike license. That license allows truly free distribution, including commercial use, as long as the free license remains in place. But my experience is that most people see the words “Creative Commons” and simply assume the license is Non-Commercial — because the majority of Creative Commons licenses they’ve seen elsewhere have been Non-Commercial.
This is a real problem. Some artists have re-released Sita remixes under Creative Commons Non-Commercial licenses. Many bloggers and journalists assume the non-commercial restrictions, even when the license is correctly named:
The film was made available under a Creative Commons Attribution-Share Alike License, allowing third parties to share the creative content for non-commercialpurposes freely as long as the author of the content is attributed as the creator of the work. –from Frontline, India’s National Magazine
Initially I tried to explain what “ShareAlike” means to CC-NC remixers of “Sita”, and asked them to please switch to ShareAlike, per the terms of the ShareAlike license under which I released it. I felt like an ass; I don’t want to be a licensing cop. After a while, mis-identifications of the project’s license became so widespread I gave up trying to correct them. “Creative Commons” means “Non-Commercial” to most people. Fighting it is a sisyphean task.
So I’m stuck with a branding problem. As long as I use any Creative Commons license, most people will think it prohibits commercial use. Hardly anyone seems to register, let alone understand, CC-SA. Worse, those who do notice the ShareAlike marker combine it with Non-Commercial restrictions on their re-releases, which compounds the confusion (CC-NC-SA is the worst license I can imagine).
ShareAlike is an imperfect solution to copyright restrictions, as it imposes one restriction of its own: a restriction against imposing any further restrictions. It’s an attempt to use copyright against itself. As long as we live in a world wherein everything is copyrighted by default, I will use ShareAlike or some other Copyleft equivalent to attempt to maintain a “copyright-free zone” around my works. In a better world, there would be no automatic copyright and thus no need for me to use any license at all. Should that Utopia come about, I will remove all licenses from all my work. Meanwhile I attempt to limit other peoples’ freedom to limit other peoples’ freedom.
It would be nice if the Creative Commons organization did something to address this branding confusion. We suggested re-branding ShareAlike licenses as CC-PRO, but given that Creative Commons’ largest constituency is users of Non-Commercial licenses, it seems unlikely (but not impossible!) that they would distinguish their true Copyleft license with a “pro” brand.
If only Creative Commons offered this!
It would also be nice if everyone, including representatives of Creative Commons, referred to their licenses by their names, instead of just “Creative Commons.” “Thank you for using a Creative Commons license,” they tell me. You’re welcome; I would thank you for calling it a ShareAlike license. Almost every journalist refers to all 7 licenses as simply “Creative Commons licenses.” And so in the popular imagination, my ShareAlike license is no different from a Non-Commercial, No-Derivatives license.
This branding crisis came to a head recently when the Canadian Broadcasting Corporation banned all Creative Commons licensed music in its shows:
The issue with our use of Creative Commons music is that a lot of our content is readily available on a multitude of platforms, some of which are deemed to be ‘commercial’ in nature (e.g. streaming with pre-roll ads, or pay for download on iTunes) and currently the vast majority of the music available under a Creative Commons license prohibits commercial use.
In order to ensure that we continue to be in line with current Canadian copyright laws, and given the lack of a wide range of music that has a Creative Commons license allowing for commercial use, we made a decision to use music from our production library in our podcasts as this music has the proper usage rights attached. link
The Creative Commons organization wants to get the CBC to separate out its different licenses. They could help by calling their licenses by their different names. If the Creative Commons organization itself calls them all “Creative Commons Licenses,” how can they expect others to distinguish the licenses from each other?
Perhaps Creative Commons should only offer the Non-Commercial/No Derivatives licenses everyone associates with the name. Then they could create a new name/brand for their Free licenses. FreeCommons? CultureSource? CopyLove?
Meanwhile, I’m wondering how to clearly communicate my work is COPYLEFT. In addition to the CC-SA license, if there’s room I write “COPYLEFT, ALL WRONGS REVERSED”. Unfortunately, the term “Copyleft” is growing increasingly meaningless as well. For example, Brett Gaylor’s mostly excellent film RIP: A Remix Manifesto gets a lot of things right, but it misunderstands and misuses the term “copyleft”. Copyleft actually means this:
the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work. In other words, copyleft is a general method for making a program (or other work) free, and requiring all modified and extended versions of the program to be free as well. -Wikipedia
But in RIP it means this:
WTF, RIP?
See that dollar sign with the slash in it? That means Non-Commercial restrictions, which are most definitely NOT Copyleft.
NC stands for Not Copyleft
Anyone introduced to the word “Copyleft” in that film won’t know what Copyleft actually means in terms of licenses.
I need a license that people understand. I’m tempted by the WTFPL but I would have to fork it to add a copyleft provision. The Do Whatever You Want And Don’t Restrict Others From Doing Whatever They Want Public License? WTFDROPL?
Are there any other useable Copyleft licenses out there that aren’t associated with non-commercial restrictions? I’m open to suggestions.
I’m thrilled to be on the Advisory Board of the new Center for the Study of Innovative Freedom with such luminaries as Mike Masnick, Michele Boldrin, Julio Cole, Karl Fogel, David Koepsell, David Levine, Wendy McElroy, Jeff Tucker, and Roderick T. Long. The project is directed by Stephan Kinsella, author of the seminal Against Intellectual Property.
Most of my thoughts about Free Culture are currently coming out as Mimi & Eunice cartoons. Check out their ever-expanding Intellectual Pooperty category. And please subscribe to their RSS feed.
