Tuesday, March 25, 2014

Copyright is a Threat to Innovation and Free Speach

A few months ago this opinion was published in Wired: http://www.wired.com/opinion/2014/01/internet-companies-care-fair-use/ Regardless of which side of the copyright debate you're on, you must recognize that fair use is both necessary for word-of-mouth publicity, and needs to be protected as free speech for the purpose of criticism. There is a reason that social media has become such a popular form of advertising. People are influenced by what their friends and role-models are doing. Traditionally this is referred to as word-of-mouth advertising, but it is much bigger than that now. Before social media this type of publicity was relatively localized. Now people have easy access to friends and acquaintances the world over. By extension advertisers have access to those connections. Now for the cliches.
Copyright holders, you can't have your cake and eat it too... You must take the good with the bad... In sickness and in health... If you want to take advantage of word-of-mouth advertising, you must accept the criticism as well. Lately, copyright holders have been using the takedown notice process to stops anyone who is critical of their work. Better start filing takedown notices for the good stuff as well.
More importantly, fair use is hardly considered once a takedown notice is issued. It is exceedingly difficult to get content re-posted once it has been taken down due to a copyright claim. For small content creators, part time critics, or hobbyists, YouTube and similar content hosts are a great outlet, but these people do not have armies of lawyers to fight to get their content re-posted once it has been taken down due to a copyright claim.
Many of these small-time or startup creators and innovators may take inspiration from the works of others, but that isn't anything new. We are a connected culture. We live in social groups. Our ancestors were no different. Our social groups now span larger geographical areas, but we are still social creatures. We rely on each other not only for inspiration, but for guidance. While copyright is a necessary protective measure so that creators and innovators may reap the benefits of their labors, it can have the opposite effect when abused and inconsistently enforced. On the latest episode of Grey's Anatomy (sure laugh if you like, but I'm a fan) Derek Shepard, a fiction character with a pretty fantastic life, stand up for what he believes is right even when he knows it may cost him the opportunity of a lifetime. http://youtu.be/6UBZlVp275s
Every day we all face decisions where we must either stand by our principals or live in fear of looking foolish, losing something that is important to us, or facing some other consequence that is the result of doing what we know is right. Copyright is one of those things. Laws are not the same thing as morality. We need to know right from wrong. Stealing from someone else is wrong. Borrowing an idea to make something greater is not the same thing as stealing. Maybe if you make millions, you should share it with those who inspired you or with those who supported you especially at their own expense. That is your prerogative. It is time, however, to recognize that none of us do anything on our own, nor does the world owe us anything because we once had a fantastic idea. Copyright abuse needs to stop. It is costing us more than we realize.

1 comment:

Unknown said...

I saw this article today and thought it would make an appropriate addition to this post. Maybe a few people are finally figuring out the problem with copyright-maximalism. http://www.techdirt.com/articles/20140326/08003126688/youtube-finally-admits-it-totally-screwed-up-rolling-out-contentid-to-multi-channel-networks-trying-to-improve-tools.shtml