– musings by Scott Walker

Posts Tagged: James Boyle


17
Sep 09

Living in a Derivative World

I recently viewed a presentation by The Alchemists (here’s their blog) which included a mashup they made from a Brazilian film. I’ve never seen the film, but having watched the mashup – a hilarious sendup in which the characters are searching for the mysterious “Henry Jenkins” – I have a definite perspective about the original film.

We all approach new media with a unique set of filters, preconditions, and beliefs. These are predominantly the accumulation of a lifetime of our personal experiences, but they also include direct/referential input about the media in question: critical reviews, recommendations from friends, trailers, commercials, etc.

Up to now, it’s practically a given that you experience a new piece of media first through the original/source version, even as you bring your unique perspective to it. Later, you may view a mashup, a satire, a commentary, or some other derivative/referential version (a new media in it’s own right but whose message is framed by the source material it references).

The experience I had, however, was reversed: I saw the mashup first. In fact, I still haven’t seen the movie.

And it’s not the first time this has happened. The World War II film, Downfall, sparked a series of seemingly never-ending mashups, showing Hitler going ballistic over everything from the Watchmen movie to BluRay’s success over HD. I’ve seen and enjoyed several instances of this Internet meme, but I still haven’t seen the original film.

No doubt, my viewing of the original will be affected by this. Instead of watching the bunker scene with tense anticipation, I’ll be trying to recall the exact lines from the mashups.

While experiencing original source media will likely continue to be the norm, first exposure to new media through derivative versions will grow. I believe this will encourage an already frenetic culture of content remixing, even if that means the remixer is creating a derivative work from a derivative work (and on), never using or experiecing the original/source material.

This is, from a very big picture view, nothing new.

Several people (Lessig, Boyle, etc.) have pointed to the current copyright climate as a stranglehold on innovation, a freezing of cultural growth, and a perverse interpretation of physical property rights through the lens of intellectual property. A common refrain is that – until the last century – all culture was derivative in some form.

Changes in copyright law have extended the protection of material well beyond the death of the creator, and the current lack of an effective system for cataloging who owns what rights to what content essentially sentences almost all content to an unending, unprofitable purgatory. Even if you wanted to pay a rights owner for the use of their content, finding them is challenging at best. It’s easier to just move on to another piece of content.

With the advent of technology, people are easily able to remix and share content. And they will continue to do so, even if it’s illegal (even if they don’t commercially profit from it).

No matter what side of the legal fence you find yourself on, the reality is that people are experiencing media in ways content creators no longer control.


21
Jul 09

Analogs are Antiques

I’m supposed to be prepping for a mini road trip to San Diego in two days (making a return appearance at Comic-Con on behalf of Runes of Gallidon), but I can’t resist writing this before heading out of town.

I just cleaned out my RSS reader, twitter, and Friendfeed updates, and I was struck – once again – at the number of examples of how analog product is shifting towards a status of antiques. I define an analog offering as a physical object containing digitized or digitizable content (a book, a CD, a DVD, etc.).

Continue reading →


25
Feb 09

Creative Commons Conference Call

More than a bit late on this post, but I had the good fortune to sit in on a conference call Monday that Creative Commons hosted. James Boyle and Joi Ito provided updates on challenges, opportunities, and upcoming activities for CC.

It was a great way for them to reach out to the CC community, and they were actively seeking feedback from the community as well communicating ways for CC community to help support CC in non-financial. It was very encouraging to hear that fears of negative effects from a “Lessing-shaped hole” in the organization were unfounded, and that the organization is well positioned to continue expanding its global presence.

An hour well-spent, and a good reminder of why CC is so exciting (and also another poke in the ribs to put The Public Domain *back* on top of my reading pile!)


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