I went to a Deakin Lecture on Sunday that included a presentation by one of my heroes, Lawrence Lessig.
I tend to act like a star struck school girl in these sorts of situations. To me, it’s just as exciting to see one of these intellectuals as it is to see my favourite musician (and I must say I’m also particularly excited about seeing Roni Size on Friday – without him there would be no Drum and Bass in my life). Lessig did not let me down.
The first thing to note is the amazing way that the lecture was delivered. If you haven’t seen this then do yourself a favour and watch it. His presentation was in a similar format.
So just to recapture his argument very quickly, and please correct me if I misrepresent his arguments, he argues that all culture is a ‘remix’ of old culture. We are influenced by what we read, hear and see. We build on our history. In the past this hasn’t been a problem. Copyright is limited to text and the laws were quite appropriate considering you could use that text to develop your own culture by commenting on that text and quoting that text (within reasonable boundaries).
However, now in the digital age, you basically can’t do anything without copying. Such is the nature of digital technology. Law makers and corporations have essentially used this to prevent remixes. You can’t cut up images, string them together and add music to it without the permission of everyone’s material. However Lessig argues that this practice is no different to the remixing of the past where you would quote a book and comment on it.
Moreover, the younger generation (dare I suggest my generation) are shifting from passive consumers in front of the computer to active creators (perhaps this blog is a good example) which further compounds these issues.
So basically it is a classic case of the law being well behind technology and what is needed is massive legal reform. However, it is unlikely that this will happen for at least another decade (according to Lessig). So what he is calling on the individual artists to do is licence their work under a Creative Commons Licence. This way artists voluntarily give up some of their copyright in order to allow the continuation of culture.
Brilliant.
For another perspective on this (and a more critical one) it is worth having a look over at Weatherall’s Law here and here.