Ever since I downloaded my first MP3 in my freshman year of college in 1996, amazed at how small the file was (I think it was a Shaggy track), I don’t really think much has changed in the music industry with regards to copyright. The timeline is (pock) marked with the detritus of used-up and destroyed start-ups and companies that tried to find a way around the RIAA. Spotify and turntable.fm and others are the latest to find temporary ways to sidle into the prickly graces of the recording companies…until they are shut down or bought out and taken apart wholesale. Google, Apple, and Amazon, with their priorities being to build distribution platforms via hardware, are the only real challengers short of a Renaissance of digital thought in Congress.
The arms race between downloaders and labels has been escalated to a fairly sophisticated level, resulting in an unofficial detente in the courts. While I think to a large degree, even with the death of the physical act of interest in buying a CD, that the music industry has managed to formalize a lot of piracy through iTunes, Amazon, and other sources, what has been happening over the last fifteen years is defined more by what HASN’T happened than by what has.
The chilling effect is something I’m particularly sensitive about, since getting in trouble in the Army for blogging about my time in Iraq (though nothing was ultimately found to be wrong), and after witnessing the censorship efforts on communications networks during the Arab Spring and in Oakland during my time working for a Homeland Security contractor. The RIAA has lost most of its momentum (and the MPAA will soon enough be there too, but it’s still dangerous enough to conduct psyops and bully telcos into sending warnings to individual IPs), but it has certainly managed to turn artists against each other (not particularly hard, I guess), turn music fans into private consumers of music because they can’t remix and share and admit to downloading illegally, but most importantly perhaps the RIAA has turned its product, “art”, into something smeared as commoditized and fake, while at the same time making the act of obtaining music illegally an act of political defiance.
Rohter’s NYT article revealed two things to me that I think are worth investigating further: 1) the recording industry itself has significant disagreements about the public face of its position, and 2) the current Congressional trend is to argue in favor of extending the length of copyrights. The first is instructive because, since we can’t rely on artists to really share much of an opinion with each other, even in their attempts to unionize, we might find that the solution might be as simple as lobbying to prevent the current revolving door of recording industry executives into public policy positions in Washington (FCC, mostly) where they will argue for their RIAA masters. The second is interesting because it’s another representation of a chilling effect: block information and art from reaching the public domain where it can be freely remixed and reused.
Thankfully the internet has provided enough creative off-the-radar networks of music fans and technology to allow “illicit” sharing to continue. While I do hope that artists can be paid for their works, I also think their main input to society is their labor — that is, relying on a one-off artistic creation to provide a lifetime of income is absurd, and that any human’s main contribution will not be one or two projects, but a continuing font of creativity and execution — in other words, labor which is rewarded with at least some basic regular wage.
The Garnett/Meiseles article was a rare take from both the copyright holder and the copyright abuser. I understood Meiseles’ take on defending the context of Arauz’s act, but I strongly disagree with her. Frankly I think she assumed far too much credit for Arauz, as if she became his guardian after taking his picture. She certainly did her job as a photographer, and even followed it up with figuring out who the people were in her photo. I would love to see a digital connection between people, objects, and locations in photos and the context for them, available through some sort of touchable interface, so that I could touch the kissing couple in New York City after World War II ended, and find out how they met, and what happened to them afterwards (they were strangers, I believe).
But once that photo was put out to the public, it’s game on. It’s up to be remixed. It’s up to be reinterpreted, reused in different contexts. I thought immediately of Shepard Fairey’s famous HOPE portrait of President Obama, which now (somewhat contentiously) hangs in the National Portrait Gallery in DC now.
Did Meiseles ever criticize non-Americans, outside of her legal system, for remixing the image outside of her own private context? There was not evidence of her doing so in the article, nor would she be able to do much about bringing a Sandinista rebel to, er, copyright justice. Meiseles was taking the position of a journalist here, but not of an artist, for she cared more for the importance of investigating the context than reimagining the emotion the image evoked. She should be happy someone else found her image so powerful as to use it for another work. It begs the question of whether we need alternate systems for rewarding people, beyond a simple copyright or job system. There is also the gift economy and the reputation economy. If Meiseles were properly rewarded in the reputation economy (for taking a powerful photo), then perhaps this would un-burden the hulking inefficient system we currently have, which rewards in only one currency, the almighty dollar.
Naturally I loved Lethem’s essay for Harper’s, for its subtlety in addressing the underlying issues and for calling for the practical necessity of a gift economy. Copyright holders who defend their turf have, in my opinion, made defiance and rebellion “cool” in the eyes of downloaders, anti-corporatists, etc. I fully welcome their attempts to blow holes in the oligopoly which exists, and the mere acts of developing software and networks to circumvent weak and hamfisted attempts to block them have become acts of art in themselves. Today’s artists and musicians are too beholden to the system to veer very far from it, so one is not likely to see many artists in today’s generation challenge copyright regimes without a lot of help from others.
But I would expect the generation of kids who grew up in the downloadable world of art (and in the age of Anonymous and 4chan) to create their own music outside of the formalized system, and I wouldn’t be surprised if the system assimilated that style of music as well, but it would bring along with it, perhaps, a better model for rewarding artists and avoiding chilling effects against their fans.
[Note: The New York Times article was made available via PDF for class, but it does not include the second page. Clicking the PDF’s second page link will take the reader to the web site though. Suggest inclusion of second page into PDF for future students’ accessibility to the whole article.]