Fred, I understand what you're saying and largely concur. There is more to cultural liberty than copying. It is crazy to be subject to a monopoly on reproduction, but deprecating the monopoly doesn't sanction plagiarism or misrepresentation. If a merchant or politician were to incorporate an artist's work in their advert or as campaign theme song, then this could well risk misrepresenting the artist as endorsing the product or political viewpoint. This should preclude doing so without artist approval - far better than NC (which also prevents the artist receiving a share of commissioned use, among many other rewards the artist excludes themselves from). Sure, we don't have much in the way of laws against plagiarism or misrepresentation (and we need them), but that's because of the legislative dead zone caused by 300 years of copyright. And on the last note, honourable exploitation of cultural works by corporations is not a problem, just as Linux being exploited by IBM is not a problem. DISCLAIMER: I'd hate to work for a corporation with lawyers that would sack me or sue my arse off it they felt a moron in a hurry might mistake my words as representing the views of my employer simply because I failed to add a disclaimer to words clearly attributed to me and not my employer (assuming it is actually possible for an immortal corporation to have views).
_____ From: Fred Benenson [mailto:[EMAIL PROTECTED] Sent: Friday, 25 July 2008 5:07pm To: Discussion of Free Culture in general and this organization in particular Subject: Re: [FC-discuss] Sparky Awards video contest On Fri, Jul 25, 2008 at 11:51 AM, Dean Jansen <[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> > wrote: People who slap NC on their CC'd work on the other hand have the very sound understanding that if they didn't do this, nasty, greedy corporations could make colossal profits by selling access, or performances, copies, and derivatives of their work (despite it being freely copyable). I fully understand why NC exists, but in this case I think it's completely idiotic. I mean if some horrible greedy corporation wants to make colossal profits by selling access to the Spark competition video website and videos, then by all means LET THEM! If you're trying to sell something in the first place and think you're going to be edged out of the market by large corporations, then NC *might* make sense. --Dean I agree for the most part here. But I think there is another reason that is grounded in pure capital-self-interest for creators choosing NC. I think its because people don't like the idea of a corporation using their work for advertising or promotion. Its not that think they're losing out on a possible revenue stream, its that they think of themselves as artists who have a right to say who gets to use their work commercially or not. This is the case for publicity rights to ones image (and I don't think that many people object to publicity rights.) so it seems a natural extension for artists to assume such a right to their images or work. People have strong objections to commercialization of community projects (see: Wikipedia and advertising or the prohibition of logos / cash / corporations at Burning Man among many examples) and while I personally as an artist find the "freedom from restrictions" argument compelling in the face of the absurdity of copyright monopolies, most people don't get that far -- they hear that Ford can, legally, use their music in a Commercial or Exxon can, legally, use their photo on their website, and they slap NC on it. Changing attitudes on NC is not going to be done by focusing on hypothetical royalties or commissions (or by sarcastically antagonizing people about ones that won't exist), but by changing attitudes about corporations and commercial uses of creative works. That is a long battle that predates CC and copyleft. Assuming that the argument just comes down to a "lost revenue" issue assumes that all artists who use NC are exclusively capitally motivated, which is a cynical and, from my experience, fairly shallow view of their relationship to their work. And on one last note -- I don't buy the argument that "copyleft" solves the exploitation by a corporation problem because corporations don't like "viral" licenses. This implies that though corporations CAN do something, we just assume they WON'T do it because of some generalized assumption about corporations not liking copyleft, which may not hold true -- which should not hold true. F PS: Despite working for CC, these views are mine and mine alone. _____ From: Dean Jansen [mailto:[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> ] Sent: Friday, 25 July 2008 4:13pm To: Discussion of Free Culture in general and this organization in particular Subject: Re: [FC-discuss] Sparky Awards video contest I assume he means this: "Copyright, 2008 SPARC, subject to a Creative Commons Attribution-NonCommercial 2.5 <http://creativecommons.org/licenses/by-nc/2.5/> License" and that NC = lame (especially in this case) That's just my interpretation of the comment though, so who knows. --Dean On Fri, Jul 25, 2008 at 11:10 AM, Nelson Pavlosky <[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> > wrote: Rob Myers wrote: > Rather than comment on the NC failage in this competition I'll just > draw your attention to: > > http://youtube.com/watch?v=iVCGmyRrmUc <http://youtube.com/watch?v=iVCGmyRrmUc> > > - Rob. What does "NC failage" mean? ~Nelson~ _______________________________________________ Discuss mailing list [email protected] <mailto:[email protected]> http://freeculture.org/cgi-bin/mailman/listinfo/discuss <http://freeculture.org/cgi-bin/mailman/listinfo/discuss> _______________________________________________ Discuss mailing list [email protected] <mailto:[email protected]> http://freeculture.org/cgi-bin/mailman/listinfo/discuss <http://freeculture.org/cgi-bin/mailman/listinfo/discuss> _______________________________________________ Discuss mailing list [email protected] <mailto:[email protected]> http://freeculture.org/cgi-bin/mailman/listinfo/discuss <http://freeculture.org/cgi-bin/mailman/listinfo/discuss>
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