Listing entries tagged with music

can there be a compromise on copyright?   02.08.2006, 7:19 AM

The following is a response to a comment made by Karen Schneider on my Monday post on libraries and DRM. I originally wrote this as just another comment, but as you can see, it's kind of taken on a life of its own. At any rate, it seemed to make sense to give it its own space, if for no other reason than that it temporarily sidelined something else I was writing for today. It also has a few good quotes that might be of interest. So, Karen said:

I would turn back to you and ask how authors and publishers can continue to be compensated for their work if a library that would buy ten copies of a book could now buy one. I'm not being reactive, just asking the question--as a librarian, and as a writer.

This is a big question, perhaps the biggest since economics will define the parameters of much that is being discussed here. How do we move from an old economy of knowledge based on the trafficking of intellectual commodities to a new economy where value is placed not on individual copies of things that, as a result of new technologies are effortlessly copiable, but rather on access to networks of content and the quality of those networks? The question is brought into particularly stark relief when we talk about libraries, which (correct me if I'm wrong) have always been more concerned with the pure pursuit and dissemination of knowledge than with the economics of publishing.

Consider, as an example, the photocopier -- in many ways a predecessor of the world wide web in that it is designed to deconstruct and multiply documents. Photocopiers have been unbundling books in libraries long before there was any such thing as Google Book Search, helping users break through the commodified shell to get at the fruit within.

I know there are some countries in Europe that funnel a share of proceeds from library photocopiers back to the publishers, and this seems to be a reasonably fair compromise. But the role of the photocopier in most libraries of the world is more subversive, gently repudiating, with its low hum, sweeping light, and clackety trays, the idea that there can really be such a thing as intellectual property.

That being said, few would dispute the right of an author to benefit economically from his or her intellectual labor; we just have to ask whether the current system is really serving in the authors' interest, let alone the public interest. New technologies have released intellectual works from the restraints of tangible property, making them easily accessible, eminently exchangable and never out of print. This should, in principle, elicit a hallelujah from authors, or at least the many who have written works that, while possessed of intrinsic value, have not succeeded in their role as commodities.

But utopian visions of an intellecutal gift economy will ultimately fail to nourish writers who must survive in the here and now of a commercial market. Though peer-to-peer gift economies might turn out in the long run to be financially lucrative, and in unexpected ways, we can't realistically expect everyone to hold their breath and wait for that to happen. So we find ourselves at a crossroads where we must soon choose as a society either to clamp down (to preserve existing business models), liberalize (to clear the field for new ones), or compromise.

In her essay "Books in Time," Berkeley historian Carla Hesse gives a wonderful overview of a similar debate over intellectual property that took place in 18th Century France, when liberal-minded philosophes -- most notably Condorcet -- railed against the state-sanctioned Paris printing monopolies, demanding universal access to knowledge for all humanity. To Condorcet, freedom of the press meant not only freedom from censorship but freedom from commerce, since ideas arise not from men but through men from nature (how can you sell something that is universally owned?). Things finally settled down in France after the revolution and the country (and the West) embarked on a historic compromise that laid the foundations for what Hesse calls "the modern literary system":

The modern "civilization of the book" that emerged from the democratic revolutions of the eighteenth century was in effect a regulatory compromise among competing social ideals: the notion of the right-bearing and accountable individual author, the value of democratic access to useful knowledge, and faith in free market competition as the most effective mechanism of public exchange.

Barriers to knowledge were lowered. A system of limited intellectual property rights was put in place that incentivized production and elevated the status of writers. And by and large, the world of ideas flourished within a commercial market. But the question remains: can we reach an equivalent compromise today? And if so, what would it look like? Creative Commons has begun to nibble around the edges of the problem, but love it as we may, it does not fundamentally alter the status quo, focusing as it does primarily on giving creators more options within the existing copyright system.

Which is why free software guru Richard Stallman announced in an interview the other day his unqualified opposition to the Creative Commons movement, explaining that while some of its licenses meet the standards of open source, others are overly conservative, rendering the project bunk as a whole. For Stallman, ever the iconoclast, it's all or nothing.

But returning to our theme of compromise, I'm struck again by this idea of a tax on photocopiers, which suggests a kind of micro-economy where payments are made automatically and seamlessly in proportion to a work's use. Someone who has done a great dealing of thinking about such a solution (though on a much more ambitious scale than library photocopiers) is Terry Fisher, an intellectual property scholar at Harvard who has written extensively on practicable alternative copyright models for the music and film industries (Ray and I first encountered Fisher's work when we heard him speak at the Economics of Open Content Symposium at MIT last month).

The following is an excerpt from Fisher's 2004 book, "Promises to Keep: Technology, Law, and the Future of Entertainment", that paints a relatively detailed picture of what one alternative copyright scheme might look like. It's a bit long, and as I mentioned, deals specifically with the recording and movie industries, but it's worth reading in light of this discussion since it seems it could just as easily apply to electronic books:

....we should consider a fundamental change in approach.... replace major portions of the copyright and encryption-reinforcement models with a variant of....a governmentally administered reward system. In brief, here’s how such a system would work. A creator who wished to collect revenue when his or her song or film was heard or watched would register it with the Copyright Office. With registration would come a unique file name, which would be used to track transmissions of digital copies of the work. The government would raise, through taxes, sufficient money to compensate registrants for making their works available to the public. Using techniques pioneered by American and European performing rights organizations and television rating services, a government agency would estimate the frequency with which each song and film was heard or watched by consumers. Each registrant would then periodically be paid by the agency a share of the tax revenues proportional to the relative popularity of his or her creation. Once this system were in place, we would modify copyright law to eliminate most of the current prohibitions on unauthorized reproduction, distribution, adaptation, and performance of audio and video recordings. Music and films would thus be readily available, legally, for free.

Painting with a very broad brush...., here would be the advantages of such a system. Consumers would pay less for more entertainment. Artists would be fairly compensated. The set of artists who made their creations available to the world at large--and consequently the range of entertainment products available to consumers--would increase. Musicians would be less dependent on record companies, and filmmakers would be less dependent on studios, for the distribution of their creations. Both consumers and artists would enjoy greater freedom to modify and redistribute audio and video recordings. Although the prices of consumer electronic equipment and broadband access would increase somewhat, demand for them would rise, thus benefiting the suppliers of those goods and services. Finally, society at large would benefit from a sharp reduction in litigation and other transaction costs.

While I'm uncomfortable with the idea of any top-down, governmental solution, this certainly provides food for thought.

Posted by ben vershbow at 07:19 AM | Comments (8)
tags: Copyright and Copyleft , DRM , IP , Libraries, Search and the Web , Publishing, Broadcast, and the Press , condorcet , copyleft , copyright , creative_commons , enlightenment , france , free_software , intellectual_property , libraries , music , open_source , photocopy , printing , richar_stallman , xerox

what I heard at MIT   01.26.2006, 9:47 AM

Over the next few days I'll be sifting through notes, links, and assorted epiphanies crumpled up in my pocket from two packed, and at times profound, days at the Economics of Open Content symposium, hosted in Cambridge, MA by Intelligent Television and MIT Open CourseWare. For now, here are some initial impressions -- things I heard, both spoken in the room and ricocheting inside my head during and since. An oral history of the conference? Not exactly. More an attempt to jog the memory. Hopefully, though, something coherent will come across. I'll pick up some of these threads in greater detail over the next few days. I should add that this post owes a substantial debt in form to Eliot Weinberger's "What I Heard in Iraq" series (here and here).

Naturally, I heard a lot about "open content."

I heard that there are two kinds of "open." Open as in open access -- to knowledge, archives, medical information etc. (like Public Library of Science or Project Gutenberg). And open as in open process -- work that is out in the open, open to input, even open-ended (like Linux, Wikipedia or our experiment with MItch Stephens, Without Gods).

I heard that "content" is actually a demeaning term, treating works of authorship as filler for slots -- a commodity as opposed to a public good.

I heard that open content is not necessarily the same as free content. Both can be part of a business model, but the defining difference is control -- open content is often still controlled content.

I heard that for "open" to win real user investment that will feedback innovation and even result in profit, it has to be really open, not sort of open. Otherwise "open" will always be a burden.

I heard that if you build the open-access resources and demonstrate their value, the money will come later.

I heard that content should be given away for free and that the money is to be made talking about the content.

I heard that reputation and an audience are the most valuable currency anyway.

I heard that the academy's core mission -- education, research and public service -- makes it a moral imperative to have all scholarly knowledge fully accessible to the public.

I heard that if knowledge is not made widely available and usable then its status as knowledge is in question.

I heard that libraries may become the digital publishing centers of tomorrow through simple, open-access platforms, overhauling the print journal system and redefining how scholarship is disseminated throughout the world.

And I heard a lot about copyright...

I heard that probably about 50% of the production budget of an average documentary film goes toward rights clearances.

I heard that many of those clearances are for "underlying" rights to third-party materials appearing in the background or reproduced within reproduced footage. I heard that these are often things like incidental images, video or sound; or corporate logos or facades of buildings that happen to be caught on film.

I heard that there is basically no "fair use" space carved out for visual and aural media.

I heard that this all but paralyzes our ability as a culture to fully examine ourselves in terms of the media that surround us.

I heard that the various alternative copyright movements are not necessarily all pulling in the same direction.

I heard that there is an "inter-operability" problem between alternative licensing schemes -- that, for instance, Wikipedia's GNU Free Documentation License is not inter-operable with any Creative Commons licenses.

I heard that since the mass market content industries have such tremendous influence on policy, that a significant extension of existing copyright laws (in the United States, at least) is likely in the near future.

I heard one person go so far as to call this a "totalitarian" intellectual property regime -- a police state for content.

I heard that one possible benefit of this extension would be a general improvement of internet content distribution, and possibly greater freedom for creators to independently sell their work since they would have greater control over the flow of digital copies and be less reliant on infrastructure that today only big companies can provide.

I heard that another possible benefit of such control would be price discrimination -- i.e. a graduated pricing scale for content varying according to the means of individual consumers, which could result in fairer prices. Basically, a graduated cultural consumption tax imposed by media conglomerates

I heard, however, that such a system would be possible only through a substantial invasion of users' privacy: tracking users' consumption patterns in other markets (right down to their local grocery store), pinpointing of users' geographical location and analysis of their socioeconomic status.

I heard that this degree of control could be achieved only through persistent surveillance of the flow of content through codes and controls embedded in files, software and hardware.

I heard that such a wholesale compromise on privacy is all but inevitable -- is in fact already happening.

I heard that in an "information economy," user data is a major asset of companies -- an asset that, like financial or physical property assets, can be liquidated, traded or sold to other companies in the event of bankruptcy, merger or acquisition.

I heard that within such an over-extended (and personally intrusive) copyright system, there would still exist the possibility of less restrictive alternatives -- e.g. a peer-to-peer content cooperative where, for a single low fee, one can exchange and consume content without restriction; money is then distributed to content creators in proportion to the demand for and use of their content.

I heard that such an alternative could theoretically be implemented on the state level, with every citizen paying a single low tax (less than $10 per year) giving them unfettered access to all published media, and easily maintaining the profit margins of media industries.

I heard that, while such a scheme is highly unlikely to be implemented in the United States, a similar proposal is in early stages of debate in the French parliament.

And I heard a lot about peer-to-peer...

I heard that p2p is not just a way to exchange files or information, it is a paradigm shift that is totally changing the way societies communicate, trade, and build.

I heard that between 1840 and 1850 the first newspapers appeared in America that could be said to have mass circulation. I heard that as a result -- in the space of that single decade -- the cost of starting a print daily rose approximately %250.

I heard that modern democracies have basically always existed within a mass media system, a system that goes hand in hand with a centralized, mass-market capital structure.

I heard that we are now moving into a radically decentralized capital structure based on social modes of production in a peer-to-peer information commons, in what is essentially a new chapter for democratic societies.

I heard that the public sphere will never be the same again.

I heard that emerging practices of "remix culture" are in an apprentice stage focused on popular entertainment, but will soon begin manifesting in higher stakes arenas (as suggested by politically charged works like "The French Democracy" or this latest Black Lantern video about the Stanley Williams execution in California).

I heard that in a networked information commons the potential for political critique, free inquiry, and citizen action will be greatly increased.

I heard that whether we will live up to our potential is far from clear.

I heard that there is a battle over pipes, the outcome of which could have huge consequences for the health and wealth of p2p.

I heard that since the telecomm monopolies have such tremendous influence on policy, a radical deregulation of physical network infrastructure is likely in the near future.

I heard that this will entrench those monopolies, shifting the balance of the internet to consumption rather than production.

I heard this is because pre-p2p business models see one-way distribution with maximum control over individual copies, downloads and streams as the most profitable way to move content.

I heard also that policing works most effectively through top-down control over broadband.

I heard that the Chinese can attest to this.

I heard that what we need is an open spectrum commons, where connections to the network are as distributed, decentralized, and collaboratively load-sharing as the network itself.

I heard that there is nothing sacred about a business model -- that it is totally dependent on capital structures, which are constantly changing throughout history.

I heard that history is shifting in a big way.

I heard it is shifting to p2p.

I heard this is the most powerful mechanism for distributing material and intellectual wealth the world has ever seen.

I heard, however, that old business models will be radically clung to, as though they are sacred.

I heard that this will be painful.

Posted by ben vershbow at 09:47 AM | Comments (5)
tags: Copyright and Copyleft , Education , Network_Freedom , Publishing, Broadcast, and the Press , Remix , academia , academy , broadband , conferences_and_excursions , copyleft , copyright , creative_commons , cyberlaw , democracy , economics , economics_of_open_content , film , freedom , internet , media , monopoly , music , network , open_content , open_spectrum , p2p , politics , publishing , scholarship , technology , wikipedia

LONGPLAYER   01.16.2006, 12:08 PM

when i was growing up they started issuing LP albums which played at 33 1/3 rpm, vastly increasing the amount of playing time on one side of a record. before the LP, audio was recorded and distributed on brittle discs made of shellac, running at 78rpm. 78s had a capacity of about 12 minutes; LPs upped that to about 30 minutes which made it possible for classical music fans to listen to an entire movement without changing discs and enabled the development of the rock and roll album.

in 2,000 Jem Finer, a UK-based artist released Longplayer, a 1000-year musical composition that runs continuously and without repetition from its start on January 1, 2000 until its completion on December 31, 2999. Related conceptually to the Long Now project which seeks to build a ten-thousand year clock, Longplayer uses generative forms of music to make a piece that plays for ten to twelve human lifetimes. Longplayer challenges us to take a longer view which takes account of the generations that will come after us.

the longplayer also reminds me of an idea i've been intrigued by — the possiblity of (networked) books that never end because authors keep adding layers, tangents and new chapters.

Finer published a book about Longplayer which includes a vinyl disc (LP actually) with samples.

Posted by bob stein at 12:08 PM | Comments (2)
tags: LP , audio , digital_literature , generations , longplayer , mp3 , music , streaming , time

ubu, king again   10.07.2005, 1:21 AM

It's nice to see that UbuWeb, the great public web library of the avant garde, is back online after "a long summer of rebuilding." At times when the web feels depressingly shallow, Ubu can be the perfect medecine. Among the many masterworks you will find is Samuel Beckett's "Film" (1965), starring a very old Buster Keaton. It's wonderful that anyone can watch this online (I've just spent half an hour in its thrall).

Also worth checking out are /ubu Editions - handsomely designed electronic texts ranging across an interesting selection of poetry, prose and theatre, including Ron Silliman's "The Chinese Notebook," which Dan blogged about a couple weeks back. These, like everything else on Ubu, are free.

Posted by ben vershbow at 01:21 AM | Comments (1)
tags: Libraries, Search and the Web , Online , avant_garde , avantgarde , beckett , buster_keaton , curated , ebook , experimental , fiction , film , gallery , internet , keaton , library , media , museum , music , poetry , samuel_beckett , silliman , theatre , ubu , ubuweb , web

ways of seeing, ways of writing - a conversation   09.23.2005, 6:19 PM

The following discussion about a proposed exercise for a high school or college class began in an email exchange yesterday with Bob, Virginia Kuhn and Karl Stolley (Virginia and Karl are both teachers of rhetoric and composition and great intellectual partners of the institute). We thought it was getting interesting so we decided to slap it up here on the blog as a thought experiment. Please join in the discussion in the comment stream.

Bob Stein wrote:

karl and virginia:

this is an idea for an exercise for a high school or college class. i'm wondering if you think it would be interesting/valuable for both students and for those of us interested in understanding the relation of different media types.

*Ways of Seeing, Ways of Writing*

class is divided into four sections. one given pad and pencil. one given digital still camera. one given audio recorder. one given video camera*

the class is asked to "write" about a place (local historical site, downtown street corner, mall, supermarket, cemetary, etc. etc. )

or asked to "write" a response to a question, e.g. "was the response of the federal govt. to the rescue of New Orleans residents affected by the fact that the people needing rescue were mostly poor and black."

each group "writes" their description of the place or answer to the question using the particular media assigned to their group.

the class reviews all responses, then each group is asked to make a synthesis piece using media captured by all groups.

*if resources aren't a problem, it would be great if each of the groups with electronic capture devices has more than one.

Karl Stolley replies:

Hmmm...this assignment does offer interesting possibilities. But I guess I'd be interested in the rationale behind splitting the media-producing and -capturing activities between groups. On the one hand, from a teacherly point of view, it's quite convenient. But viewed from the analogy of a cooking class, it would be like giving each group a set of ingredients plus a kitchen appliance, and then asking each group to take some of the results and make a dish out of it. I know that's riddled with all kinds of logical holes, but I have to try and interrogate this somehow.

The thing that bothers me most about the assignment is that there is a serious disconnect between the artful choices required to both capture/produce AND compose/orchestrate, as though those activities can be discreet and separate (that disconnect is what tends to make a lot of multimedia assignments feel like the old Surrealist "exquisite corpse" drawing game; if that's the rhetorical goal, then fine--but that's limited to a particular kind of stance towards orchestration).

Instead, wouldn't it be better to give students the question, and then consider which kind of media would be most effective to capture based on the rhetorical situation they've been confronted with, have the groups delegate that task amongst themselves? Beginning with the distribution of media before the question is putting the media/genre cart before the rhetorical horse, I think.

Bob replies:

karl,

thank you for your very thoughtful reply. before make specific comments, perhaps i should explain the origin of the idea.

ashton (girlfriend) and i try to spend as much time at her godmother's place in sardinia as possible. one of the big draws is an island, actually a big hunk o' dolomite - two miles long and 1500 feet high- that dominates the view from the shoreline. because tavolara's rockface is mostly white and gray it changes color all day with the sun. (a few photos from recent vist here.) i literally can sit and watch it for hours. it's been a dream to bring a group of artists to capture its beauty. this year i was thinking that it might be interesting to bring a writer (think someone like john mcphee), a painter, a photographer, a video artist or filmmaker, and an experimental interactive artist like mike naimark or josh portway and let them all have a go at it. my guess is that each would be inspired and the results while quite different would all get at some aspect of the beauty.

at the same time i was thinking about capturing tavolara in various media, i was thinking a lot about the increasingly nettlesome text vs. image (especially moving image) debate. i'm pretty sure the solution is not to give up words in favor of images, but rather begin to appreciate the value of all media and work toward new forms of _expression which call on different media types at different points or which merge them in useful new ways. i was also thinking about how the insitute might start to play a more active role.

thus the idea of coming up with a series of exercises that might be used in college and high school which helped students begin to understand the relative value and utility of different media types and also begin to experiment with how to use them together.

Specific comments:

Hmmm...this assignment does offer interesting possibilities. But I guess I'd be interested in the rationale behind splitting the media-producing and -capturing activities between groups. On the one hand, from a teacherly point of view, it's quite convenient. But viewed from the analogy of a cooking class, it would be like giving each group a set of ingredients plus a kitchen appliance, and then asking each group to take some of the results and make a dish out of it. I know that's riddled with all kinds of logical holes, but I have to try and interrogate this somehow.

i think a better kitchen analogy would be giving everyone the same ingredients (in the sense that tavolara or a question is the same ingredient) but ask one group to use a grill, one group to use a pan on a stove, one group to use only a cuisinart etc. but anyway, the pedagogical reason to get the students to use one media type is so that they can appreciate its properties on its own.

The thing that bothers me most about the assignment is that there is a serious disconnect between the artful choices required to both capture/produce AND compose/orchestrate, as though those activities can be discreet and separate (that disconnect is what tends to make a lot of multimedia assignments feel like the old Surrealist "exquisite corpse" drawing game; if that's the rhetorical goal, then fine--but that's limited to a particular kind of stance towards orchestration).

my instincts are that one of the problems with "multimedia" is that few of us really understand the components, that is we don't really know what the different types can do on their own. i guess i don't think we are so far advanced that we can conceive of a new media type which is multimedia. e.g. i don't think people intuitively grasp how impt. sound is to a movie until it's pointed out and they have an oppty to focus on it.

Instead, wouldn't it be better to give students the question, and then consider which kind of media would be most effective to capture based on the rhetorical situation they've been confronted with, have the groups delegate that task amongst themselves? Beginning with the distribution of media before the question is putting the media/genre cart before the rhetorical horse, I think.

i'm not wedded to my schema, but it still seems like there would be some fantastic discussions in the classroom as students look at the different results and debate the advantages and disadvantages. it seems that experience would be helpful when they later start to create full multimedia projects.

and then of course there is the issue of interactivity which complicates everything exponentially.

b.

The conversation continues in the comment stream.

Posted by ben vershbow at 06:19 PM | Comments (10)
tags: Education , Thought Experiments , classroom , composition , digital , documentary , experiment , film , filmmaking , multimedia , music , photo , reading , rhetoric , school , student , writing

convergence sighting: ipod phone   09.08.2005, 8:10 AM

The Motorola ROKR, a new iTunes-compatible cellphone developed for Apple, hits the stores today for Cingular subscribers. The phone will run for $249.99 and can load up to 100 songs from a computer through a USB wire. Sounds like a rip-off to me, but indicative of things to come. It also comes equipped with a camera. The cellphone is steadily swallowing up all personal media.

Apple also unveiled its newest iPod, the "nano," which uses solid flash memory (like in little USB memory sticks) rather than a hard drive with moving parts. It's roughly the size of a half dozen business cards stacked together, and can hold up to 1,000 songs.

Posted by ben vershbow at 08:10 AM | Comments (1)
tags: The Ideal Device? , The Performing Book , apple , cameraphone , cellphone , gadgets , ipod , itunes , media , mobile , motorola , music , nano , phone , podcast , rokr , technology