The Lost Art of Sharing
Where do the lines stand? We now live in an age where borrowing, copying and reusing creative works is the rule. From music remix culture to the more current trend in lifting authored written works for use in new publications, the boundaries of fair use and appropriation are blurred through the lens of this new participatory culture.
As the debate stands, there are quite a few sides to join. In this essay we will examine the scope of the copyleft movement and identify the beneficial aspects of adopting a Creative Commons-style approach to appropriation. In doing so, we will gain support from original copyright provisions in the United States Constitution as well as current real-life examples of the benefits. In appropriation of others’ works, it is important to respect the copyright holder’s rights. At the same time, in order for creative culture to progress, creators must be open to allowing their works to be referenced, used, and incorporated into new art forms.
Modern copyright law is a far cry from its roots, and provisions on fair use are not so fair. The United States Constitution declares,
“The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; (Article I, Section 8, emphasis mine)”
Today, copyright provisions last too long and in turn stifle the “Progress of Science and useful Arts.” In 1998 the time limit became the life of the author (or creator) plus 70 years with the passing of the Sonny Bono Copyright Extension Act. As Marc Garcelon (2009) points out, this is far longer than the “original 14-year limit that copyright established in 1790 (p. 1308).” In doing so, Congress further blurred the distinction between ideas and expression that Thomas Jefferson originally intended in writing the constitution (p. 1308). ¶ Read More…