Klang, Mathias,"The Digital Commons: Using Licenses to Promote Creativity."
The paper beings with the concept of property as "mine", which at an early age is always contrasted with the concept of sharing. The new digital age tests out currently property regulation, since things are now copied with ease. Importantly, "that which is owned is no longer simply the item itself but the privileges which it provides to the owner". How, then, do we reconcile property rights and the public domain (the commons)? Property law in Western civilization tends to bestow all rights onto a single person. He defines ownership as a "collection of rights which complement each other and grant to the owner the authority to legitimately enforce conditions". The focus on possesion complicates the property law when dealing with intagible objects.
Klang offers the differing views people have of the commons, citing sources as far back as Aristotle and as recent as Lessig. The first, and considerably widespread, is the belief in the "tragedy of the commons". The second argues that the idea of the tragedy is false since it does not consider the environment in which the commons exists. The commons itself is a considerably vague term (consisting only of notions of property and sharing), and the public doman is defined only as what it is not (it is not legally protected intellectual property). According to Klang, what the public domain is "is our collective culture". He continues to explain the basics of the current copyright law and how owning the content of something limits the creativity of others. Creative Commons was developed to help ensure an ease of sharing and the creativity that the commons encourages. He explains, as most do, the basics to how Creative Commons licenses work, concluding that though copyright is a tricky game, "we can also be certain that we will always need a commons or a public domain from which we can create and recombine into new culture for us to enjoy".
This article provides a great overview of the debate that currently surrounds copyright and Creative Commons, extending into the idea of the commons itself. As we saw, there are those who believe that the commons is nothing but a vast wasteland or an "overgrazed pasture", which my project hopes to discredit by emphasizes the good things that have come out of the commons. There are others who believe in the benefit of the commons, taking into consideration the situation in which they exist and the fact that the web allows for social cohesion and trust among those involved. It is this view that conforms to the models that I expand on, showing the many different ways that online communities have been affected by the commons and vice versa. Importantly, this article explain Creative Commons licenses as well and helps to illuminate the debate about property by offering definitions of terms that are really, less than clear in the law today. It really is the basis for this project.
This book is an objective look at the various implications of digital sampling and copyright infringement in the music industry. It offers numerous examples of instances in the production of music that range from simply “causing a stir” to reaching a major court decision – and it provides the results of each. It has been written and edited by a collection of scholars, specializing in a number of fields and commenting from a variety of backgrounds and points of view.
The book does not necessarily pose an argument as much as it clarifies the dispute between the recording industry and the digital sampling community. It pits the copyright laws against the “creativity” of new musicians. The book takes neither stance but rather gives adequate attention to both. On one hand, it states that copyright is often blamed for curtailing creativity in music, in that it prevents the production of completely new songs simply because of their use of a small sample of a previous work. Conversely, the authors acknowledge that copyright is also seen as a catalyst for creativity, offering incentive to create fully original work instead of somehow deriving it from a pre-existing source.
This dichotomy is essential to my argument seeing as it offers equal views and examples on the subject of digital sampling. The cases identified in the text are sound evidence of the evolution of the copyright law as a result of the development of the digital sampling technologies and practices. As a result of these case studies, the book also calls to mind a number of musical examples that can not only be analyzed further, but can also be used to find other examples or to gain further insight into the specific case in question. All of these items are discussed in a case-by-case basis with commentary following and this formal structure provides an easy reference into any single instance of copyright infringement that results from the practice of digital sampling. This source will prove invaluable in the completion of the final paper, seeing as it outlines all of the surrounding facts and intricacies of copyright law as it pertains to music. In deciding whether or not a sampling is within the bound of copyright law, this book has been cited numerous times, and will be upon completion of the paper.
This book is a guide – as its title might suggest – to all things digital when it comes to music. It serves as not so much an analysis on copyright in the music industry as a whole, but rather as a set of legal and technical guidelines so that one may participate in the consumption and production of such music without infringing on copyrights. In other words, it describes for the reader all of the ins-and-outs of the digital music industry so that one may know where in the law his practices may reside.
Hill’s book has entire chapters devoted to the assessment of what is legal, what is not, and how to go about participating in said sanctioned musical practices. He identifies a list of acceptable file-sharing websites, and offers his own commentary on why others are forbidden, as well as why these are acceptable. The book begins with a basic introduction into the technologies and methods used in the digital realm and then goes deeper to list available services and to comment on the merits of various practices. His advice is clear and he condones no illegal activity, yet he makes clear why certain people might be motivated to circumvent copyright laws in terms of digital music. He further lists specific file types and programs that are used in these practices and he identifies useful software. He finishes the book with another broad chapter about the “Conscience of Digital Music” as a whole as well as his prediction of the future of the industry.
Hill’s technological knowledge is a key aspect of this book that has allowed me to delve deeply into the details of digital music production and sharing. He explains these issues in simple terms, while still conveying the complexity of their implications. In writing this final paper, the technological terms and details from this book will provide much-needed expertise in a field that I am not necessarily well-versed in. In my analysis of the acceptability of digital sampling, I must first know how the practice works and what techniques are involved; this book offers me this knowledge, which is key to reaching a conclusion in my final paper on what sampling is acceptable within copyright law.
tagged appropriation bootleg bootlegging burning copyright copyright_infringement digital_music digital_sampling downloading file-sharing grokster kazaa mix-cd mp3 music peer-to-peer piracy remixing ripping sampling sharing software song by minglet ...on 25-NOV-08
Interesting discussion about making OPML dynamic like the RSS feeds that an OPML file aggregates. This would allow the distribution model of OPML to be changed to a subscription model. In TagIt, we've sort of got this without having to change the way feed readers work. Since a bibliography is capable of creating an RSS feed, they already can be read by the feed readers dynamically -- that is, the readers can get new content as the bibliography is updated. And since the bibliography topics themselves are simply posts, they can be consumed via RSS. The only things I'd need to do in the code is
- update the timestamp on the bibliography topic whenever a component is added or edited
- give access to an rss feed of just the bibliography topics (by user or by TagIt instance)