No Rules in the Playground!
Posted in Uncategorized with tags Foucault, copyright, copyright law, creative play, author, authorship, art, artist on July 3, 2008 by andrepeachAmid concerns about an economic recession, terrorism and global warming lurks an equally ubiquitous crisis - the erosion of copyright. The big record companies and major publishers sound a little like the dorky kid running to the teacher in tears because those pesky consumers have broken the rules and taken all the lollipops. Brought to the public consciousness with the Napster debacle, the issue of illegal downloading has never really gone away. It’s become almost compulsory to foreground a review of a new musical release with a mention of this apparently inevitable and cataclysmic crisis facing the industry. So much so that Radiohead’s innovative (the cynical might say gimmicky) release of their latest album as a free download made the business pages in newspapers across the world. The so-called crisis is not limited to the music world – new technologies such as photocopying have threatened print media for years while Hollywood’s “Only at the movies” campaign is becoming increasingly hysterical. However, it is in the musical sphere that the average uni student most commonly crosses the line between consumer and pirate – as CD sales have dramatically declined, illegal downloads have increasingly become the norm. Free releases, legal downloading (through online stores such as iTunes) and bundled making of/live performance DVD’s have failed to coax back the proverbial horse.
Looming above the whole debate, and central to it, is the figure of the Author/Artist. A recent ad campaign financed by the Australian music industry put the focus squarely on the difficulties of life as a professional musician. Featuring the Veronicas, Anthony Callea, Jimmy Barnes and members from Silverchair, Evermore and Powderfinger, the video shows the popular musicians talking about the amount of ‘blood, sweat and tears’ spent on each record, followed by anecdotes about how life as a rock star isn’t as rich or glamorous as you’d think (they – gasp – still have to pay their mortgages!). The implication is clear – by illegally downloading music you’re ripping off the hard work of these talented (but poor) artists. When Metallica risk their street cred to sue Napster, drummer Lars Ulrich doesn’t talk about profit margins and cost curves – he relies on this idea of the Artist, the singular, originary creator, whose originality and effort establishes an irrebuttable claim of ownership over the work.
This conception of the Author/Aritist lies at the very heart of copyright’s creation way back in 1709 with the passing of the Statute of Anne. One of the most vocal proponents for the extension of property rights to include intellectual property was William Wordsworth, the poet who also championed the Romantic ideal of the tortured genius as Artist, which survives to this day in our hero worship of figures such as Cobain, Lennon, Kerouac and Ginsberg. The same words and concepts consistently pop up in relation to their art – they’re visionaries, original, new to the point of being difficult and confronting. It is this value of newness which gives copyright law its main thrust – to prove your copyright in something you have to prove that the work is in some way original – that by your hard work and talent you have fashioned something new.
This way of looking at artistic output is so ingrained that we often take it for granted without looking for the truth behind it. However, looking at the history of creative endeavour, the idea of the singular author begins to reveal itself as mythical as some of the stories penned by these geniuses. Wordsworth himself misrepresented his own creative process as a solitary one, where in fact he collaborated heavily with Coleridge and his sister Dorothy. Indeed, before the introduction of copyright the author was often seen on an equal footing with the scribe, the compiler and the commentator. Tellingly, the difference between the author and the commentator was that while the commentator added her words as a secondary resource to the words of others, the author placed her own words as primary next to the words of others – so that neither the commentator nor the author created something that was wholly new.
In music and film, the collaborative process is even more marked – both collaboration with peers (fellow band members, producers, actors, the work experience kid/coffee bitch), and collaboration with sources and influences (Pixies-Nirvana, Beatles-Everyone). Why then is the idea of a singular genius so pervasive? Partly, it’s the same reason why bands splinter into side projects - sheer egoism. Somehow (explicitly) collaborative work is never stuck with the genius tag as often as those creations which seem to have come straight to us from the dark corners of the brooding Artist’s mind.
However, going back again to Wordsworth and the creation of copyright, the far more important rationale behind the myth of Authorship was economical. After all, the genius-Author still had to pay the bills, and feed their family – which is why they needed to be able to see an economic benefit from their literary labour. Wordsworth expressed as much in his public letters, writing that without recourse to financial compensation for his labours the Artist might “turn his faculties…to inferior employments.” It’s the same argument being put forward by the Australian music industry in their recent ad campaign - artists need to eat!
This however has never been the contentious issue for us download happy music samplers. Obviously, free riders are bad for any industry, and to a certain extent illegal downloading of music does prevent some artists from being able to put all their time into the creative process, thus damaging the overall quality of creative output. The problem is that over-regulation is just as bad, if not worse, for industries - especially creative ones. What we are seeing with copyright (which goes hand in hand with the myth of the singular Artist) is that it is in reality about controlling creative output.
When the Statute of Anne was passed it was driven by lobbyists (some things never change) representing the biggest publishers in England. As new technology arrived which allowed for cheaper printing, smaller publishers started popping up reprinting popular works at a fraction of the initial cost - and passing those savings onto the public. The Bill that was eventually passed talked about the rights of the Author, echoing Wordsworth. However, in practice, it merely gave the large publishers a platform from which they could exclude the smaller publishers from the market.
Copyright is in effect a legal monopoly over a certain work for a given period of time. While the drafters of the Statute of Anne may or may not have intended for that monopoly to remain in the control of the artist, in effect what happens is that to see money from their work an artist sells their rights to it to a publisher.
Today, the current business model is that the record company gets almost all the royalties from album sales, while the band keeps most of the money made from touring and merchandising. Not much has changed in 300 years - copyright, nominally protecting the artist’s interest in their work, ends up being owned by publishers and record companies. So the idea of downloading as stealing is already looking pretty suspect, but when you consider the control that this model allows publishers and record companies to exert, the best course of action seems to be to keep downloading until the whole thing collapses in on itself.
The desire for increased control of a market quietly clicking their way to freedom was evident in the recent statements made by Paul McGuiness, manager of U2. He went on record criticising Radiohead’s decision to release their latest album as a free download and suggested instead the establishment of a relationship between ISP’s and record companies - in order that ISP’s can be held accountable for illegal downloads occurring on their watch. I don’t know about you but I’m not entirely comfortable with the idea of record executives being the gatekeepers to the so called information super highway. Record companies are not exactly averse to screwing people over to make a buck, and what we could potentially see here is the sudden cot death of a promising new tool for creative play before we’ve even progressed beyond chewing on the Lego pieces. Corporate ownership has never been conducive to unfettered creative expression . It’s great for developing ‘useful’ (read: money-making) ideas, but does nothing for risky, envelope-pushing experimenters.
As with most things, copyright is driven by fear. The spectre of the genius-Author is a straw man set up to conceal the true nature of creative enterprise as collaborative. After all, if we can’t pinpoint the single owner of a work, how do we make money out of it? For Foucault, the fear goes beyond the economic - although part of the ‘crisis’ facing the music industry is a result of record companies’ paralysis over decreasing profits - the idea of the Author is a tactic to prevent the “proliferation of meaning”. That is, through the standard of ‘newness’ and originality, the status quo is able to control what is and what is not worthwhile creative endeavour.
The fistfight over Aboriginal art in the 90’s brought this into sharp focus – a lot of Aboriginal art has ended up on boxing shorts, towels and even bank notes. When we take into account the sacred nature of much Aboriginal art, it only makes their undisguised exploitation all the more repugnant. The reason they are so readily exploited is because copyright is not extended to them - the same goes for folk music, and traditional art around the world. It’s why you can go to GPO and buy knock-offs of hand-made African jewellery without a cent of it going to the people who collectively, own the art. In cases that have gone to court in Australia the argument put forward is that for something to be copyrighted, you have to be able to point to a single, individual artist - or else a group of individual artists. In traditional art forms, as in folk music and folk tales, ownership is collective in the true sense of the word - the community itself owns a particular image (such as the Morning Star held sacred by some Indigenous communities – which ended up on a bank note in the late 90’s), and no single member, or group of members, can claim ownership without the community as a whole. Thus the privileged are often able to enjoy the cultural products of the Third World without rewarding them, while on the other hand, Hollywood and the big record companies lean on their strict copyright to force patrons (whether First or Third World) to pay their asking price.
But just as copyright prevents the protection of traditional forms of art by claiming their lack of ‘originality’, it ironically prevents truly novel creative experimentation in the name of protecting preceding originality! But if the playground rules take the fun out of play, there’s only one option – break them. DJ Shadow’s debut Endtroducing… heralded the emergence of sampling as an art form, but the method is still dogged by the threat of copyright infringement. Public domain materials that were previously thought to be unowned or unownable are increasingly being converted into private intellectual property. The internet has made independent bands more viable than ever before precisely because it allows them to subvert the traditional business model, and to emphasise the entire musical experience beyond buying a CD - which record companies focus on. However at the same time people like Paul McGuiness are looking for new methods of control to shackle these new methods of expression. It’s been widely said that creative theft has always been a part of folk art and blues music, and sampling is just the tip of the iceberg when it comes to the new ways in which artists are choosing to interact with their collaborators and influences - visual collage, mash-ups and zines are here to stay, despite the fact that they often cross the battle lines drawn up by copyright law.
Sampling, the public domain, independent bands and creative theft are all tools in a vibrant new creative scene less concerned with making money than making art. And while illegal downloading isn’t without its ethical pitfalls, it can be used as just another toy in the playground if we’re willing to be creators rather than passive consumers. Take a little, give something back, and watch your creation grow.