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.
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.
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.
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.
The director of Sita Sings the Blues, Nina Paley, had to pay $50,000 to use old songs in her animation movie. She then put the movie online for free and turned herself into a free-culture activist. Composer Jaron Lanier was a digital pioneer in the ’90s, but in his new book he claims that open-source is destroying creativity and fostering vicious behavior. They join us to debate the pros and cons of free love in art-making.
Seriously, I could use the publicity. What would happen if thousands of people signed this petition? Has a movie ever been banned from the Internet before? I want to see how it’s done. You can leave a message with your signature. They only have 367 so far – do your part, people.
So there I was reading an old New Yorker, and came across this article about a lawyer who exposes overpaid corporate CEOs. The name and the picture looked familiar. Could it be the same Nell Minow who interviewed me about Sita Sings the Blues? Why yes, it is! Turns out the “Movie Mom” is kicking ass and taking names in CEO land.
“I believe that what we’ve seen recently is a corporate takeover of the capitalist system, to the benefit of certain actors in that system and to the detriment of everybody else.” —Nell Minow, aka “the Movie Mom”
