2005 October

CC in Review: Lawrence Lessig on How it All Began

Lawrence Lessig, October 12th, 2005

[This email is part of a weekly series written by Lawrence Lessig and others about the history and future of Creative Commons.]

CC: Aims and Lessons

So what problem was Creative Commons trying to solve? And from what in the past did we learn?

Creative Commons took its idea — give away free copyright licenses — from the Free Software Movement. But the problem we aimed to solve was somewhat different.

When Richard Stallman launched the Free Software Foundation just over 20 years ago, he was responding to something new in the world of software development. In his experience, software had been free, in the sense that the source code was freely accessible and could be freely modified. But by the early 1980s, this norm was changing. Increasingly, software was proprietary, meaning the source code was hidden, and users were not free to understand or modify that source code. Stallman thus launched his movement to build a buttress against this trend, by developing a free operating system within which the freedoms he had known could continue.

The story with culture is somewhat different. We didn’t begin with a world without proprietary culture. Instead, there has always been proprietary culture — meaning work protected by an exclusive right. And in my view at least, that’s not a bad thing either. Artists need to eat. Authors, too. A system to secure rewards to the creative community is essential to inspiring at least some creative work.

But for most of our history, the burdens imposed by copyright on other creators, and upon the culture generally, were slight. And there was a great deal of creative work that could happen free of the regulation of the law. Copyright was important to cultural development, but marginal. It regulated certain activities significantly, but left most of us free of copyright’s control.

All that began to change with the birth of digital technologies, and for a reason that no one ever fully thought through.

If copyright regulates “copies,” then while a tiny portion of the uses of culture off the net involves making “copies,” every use of culture on the net begins by making a copy. In the physical world, if you read a book, that’s an act unregulated by the law of copyright, because in the physical world, reading a book doesn’t make a copy. On the Internet, the same act triggers the law of copyright, because to read a book in a digital world is always to make a “copy.” Thus, as the world moves online, many of the freedoms (in the sense of life left unregulated by the law of copyright) disappear. Every use of copyrighted content at least presumptively triggers a requirement of permission. The failure to secure permission places a cloud of uncertainty over the legality of the use. (The critical exception in the American tradition is “fair use,” which I’ll talk about next week.)

Now many don’t care about clouds of uncertainty. Many just do what they want, and ignore the consequences (and not just on the Net). But there are some, and especially some important institutions like schools, universities, governments, and corporations that rightly hesitate in the face of that uncertainty. Some, like an increasing number of universities, would require express permission to use material found on the Internet in classrooms. Some, like an increasing number of corporations, would expressly ban employees from using material they find on the web in presentations. Thus just at the moment that Internet technologies explode the opportunities for collaborative creativity and the sharing of knowledge, uncertainty over permissions interferes with that collaboration.

We at Creative Commons thought this was a kind of legal insanity — an insanity, that is, created by the law. Not because we believe people ought to be forced to share. But because we believe that many who make their work available on the Internet are happy to share. Or happy to share for some purposes, if not for others. Or eager that their work be spread broadly, regardless of the underlying rules of copyright. And these people, we thought, could use a simple way to say what their preferences were.

And thus the motivation for CC licenses: A simple way for authors and artists to express the freedoms they want their creativity to carry. Creators who want to say “All Rights Reserved” need not apply. But creators who want just “Some Rights Reserved” could use our licenses to express that idea simply. And individuals and institutions that wanted to use work they’ve found on the Internet could do so without fearing they would be confused with those who believe in “No Rights Respected” when it comes to copyright.

Like the Free Software Movement, we believed this device would help open a space for creativity freed of much of the burden of copyright law. But unlike the Free Software Movement, our aim was not to eliminate “proprietary culture” as at least some in the Free Software Movement would like to eliminate proprietary software. Instead, we believed that by building a buttress of free culture (meaning culture that can be used freely at least for some important purposes), we could resist the trends that push the other way. Most importantly, the trend fueled by the race to “digital rights management” (DRM) technologies.

What’s wrong with DRM? And what about “fair use”? Great questions. Tune in next week for the start of an answer.

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Week 1 – CC in Review: Lawrence Lessig on Supporting the Commons – Spanish version
http://mirrors.creativecommons.org/translations/lessig-letter-1-es.pdf (Thanks to Maria Cristinia Alvite for translation)

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Label started via ccMixter

Mike Linksvayer, October 10th, 2005

In May we noted the first ccMixter user to be discovered and signed to a record label via their participation in ccMixter. Now we have the first record label started by people who first met on the site. Victor Stone explains:

Cezary Ostrowski from Poland and Marco Raaphorst from Holland met online at ccMixter and decided to go into business together. They started an online label called DiSfish where 5% of all sale proceeds to goes to CC, 5% goes to charity and the rest is split between the label and the artist. All music on the label is licensed under CC.

Victor Stone (that’s me) from Berkeley and Robert Doiel from southern California met online at ccMixter and collaborated (without ever
meeting) on an album of Doeil’s compositions called ‘Fourstones plays Weird Polymer’ and decided to release it exclusively on DiSfish

The entire album is available for listening, purchasing or licensing.

Thanks Victor, Robert, Cezary, and Marco!

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CC in Review: Lawrence Lessig on Supporting the Commons

Lawrence Lessig, October 6th, 2005

So today, Creative Commons launches its first fund raising campaign. Until now, we’ve lived on very generous grants from some very wise foundations. But the IRS doesn’t allow nonprofits to live such favored lives for long. To maintain our nonprofit status, the IRS says we must meet a “public support test” — which means we must demonstrate that our support comes from more than a few foundations. And thus, this campaign.

This email is a pitch, asking for your support. But it is also the first in a series of emails I will write explaining what Creative Commons is, and where we’re going with it. This is something I should have done long ago. There have been many thoughtful (even if some not so thoughtful) questions raised about who we are, and where we’re going. I’ve wanted an excuse to answer them thoughtfully before. The IRS has given me that excuse.

You’re on this list because you’ve signed up to receive information about Creative Commons or been a friend to CC in the past. If these weekly emails from me (from now until Christmas, around 500 words in length, except for this one which is a bit long) will be a bother, please unsubscribe at http://creativecommons.org/about/newsletter#unsubscribe. Alternatively, if you know others who might find these interesting, please recommend they sign up at http://creativecommons.org/about/newsletter.

This first email won’t have much news to current friends of Creative Commons. You probably know all this. My aim in this initial missive is to explain what Creative Commons is, and why we launched it. There will be some bragging about what we’ve accomplished so far. Don’t worry, these emails are from me, and not a press department. There will be plenty of self-criticism later on. For the moment, let’s focus on the positive idea that got CC going.

CC: The Story

Creative Commons was conceived in a conversation I had with Eric Eldred. I was representing Eric in his case challenging the United States Congress’ Copyright Term Extension Act. Eric was enthusiastic about the case, but not optimistic about the results. Early on, he asked me whether there was a way that we could translate the energy that was building around his case into something positive. Not an attack on copyright, but a way of using copyright to support, in effect, the public domain.

I readily agreed, not so much because I had a plan, but because, naive lawyer that I was, I thought we’d win the case, and Eric would forget the dream. But nonetheless, long before the Supreme Court decided to hear Eldred’s plea, a bunch of us had put together the plan to build the Creative Commons.

We stole the basic idea from the Free Software Foundation — give away free copyright licenses. Because copyright is property, the law requires that you get permission before you “use” a copyrighted work, unless that use is a “fair use.” The particular kind of “use” that requires permission is any use within the reach of the exclusive rights that copyright grants. In the physical world, these “exclusive rights” leave lots unregulated by copyright. For example, in the real world, if you read a book, that’s not a “fair use” of the book. It is an unregulated use of the book, as reading does not produce a copy (except in the brain, but don’t tell the lawyers).

But in cyberspace, there’s no way to “use” a work without simultaneously making a “copy.” In principle, and again, subject to fair use, any use of a work in cyberspace could be said to require permission first. And it is that feature (or bug, depending upon your perspective) that was the hook we used to get Creative Commons going.

The idea (again, stolen from the FSF) was to produce copyright licenses that artists, authors, educators, and researchers could use to announce to the world the freedoms that they want their creative work to carry. If the default rule of copyright is “all rights reserved,” the express meaning of a Creative Commons license is that only “some rights [are] reserved.” For example, copyright law gives the copyright holder the exclusive right to make “copies” of his or her work. A Creative Commons license could, in effect, announce that this exclusive right was given to the public.

Which freedoms the licenses offer is determined both by us (deciding which freedoms are important to secure through CC licenses) and by the creator who selects from the options we make available on our website. The basic components have historically been four: (1) Attribution (meaning the creator requires attribution as a condition of using his or her creative work), (2) NonCommercial (meaning the creator allows only noncommercial uses of his or her work), (3) No Derivatives (meaning the creator asks that the work be used as is, and not as the basis for something else), and (4) Share Alike (meaning any derivative you make using the licensed work must also be released under a Share Alike license).

These four options — when each is an option — produce 11 possible licenses. But when we saw that 98% of our adopters chose the “attribution” requirement, we decided to drop attribution as an option. That means we now offer 6 core licenses:

  1. Attribution (use the work however you like, but give me attribution)
  2. Attribution-ShareAlike (use the work however you like, but give me attribution, and license any derivative under a Share Alike license)
  3. Attribution-NoDerivatives (use the work as is, and give me attribution)
  4. Attribution-NonCommercial (use the work for noncommercial purposes, and give me attribution)
  5. Attribution-NonCommercial-NoDerivatives (use the work for noncommercial purposes, as is, and with attribution)
  6. Attribution-NonCommercial-ShareAlike (use the work for noncommercial purposes, give me attribution, and license any derivative under a ShareAlike license)

(We also offer a couple of other specialty licenses that I’ll describe in a later post).

These options get added to a basic template license. That template assures that the creator (1) retains his or her copyright, (2) affirms that any fair use, first sale, or free expression rights are not affected by the CC license, and (3) so long as the adopter respects the conditions the creator has imposed, the license gives anyone in the world four freedoms: (i) to copy the work, (ii) to distribute the work, (iii) to display or publicly perform the work, and (iv) to make a digital public performance of the work (i.e., webcasting). Finally, the license also requires the adopter to (1) get permission for any uses outside of those granted, (2) keep any copyright notices intact, (3) link to the license, (4) not alter the license terms, and (5) not use technology (i.e., DRM) to restrict a licensee’s rights under the license.

The licenses give creators a simple way to mark their creativity with the freedoms they want it to carry by default. The license is an invitation to others to ask for permission for uses beyond those given by default. A “Noncommercial” license does not mean the creator would never take money for his or her creativity. It means simply, “Ask if you want to make a commercial use. No need to ask if you want to make just a noncommercial use.”

We launched Creative Commons in December, 2002. Within a year, we counted over 1,000,000 link-backs to our licenses. At a year and a half, that number was over 1,800,000. At two, the number was just about 5,000,000. At two and a half years (last June), the number was just over 12,000,000. And today — three months later — Yahoo! reports over 50,000,000 link-backs to our licenses. “Link-backs” are not really a count of how many objects are licensed under Creative Commons licenses – a single license could cover 100,000 songs in a music database for example, or a single blog might have multiple instances of the license. But the growth does measure something: The uptake of Creative Commons licenses is growing fast, and indeed, far faster than I ever dreamed.

Next week: What problems did we aim to solve and what examples from the past did we learn from.

German version: http://irights.info/index.php?id=439 (Thanks to iRights.info for translation.)

To sign up for future emails from Lawrence Lessig, go to: http://creativecommons.org/about/newsletter

To support Creative Commons, go to: http://creativecommons.org/support

For more on the licenses, see: http://creativecommons.org/about/licenses/fullrights

For comics and movies: http://creativecommons.org/about/licenses/how1, http://mirrors.creativecommons.org/


Bradsucks remix album and collaboration contest

Matt Haughey, October 5th, 2005

Brad Sucks is a staff favorite musician that posts all his music online and under CC licenses. Brad’s posted most of his tracks to Mixter and got enough remixes in response that he recently collected them into a complete remix album (based on his original songs). Now he’s part of a new Online Collaboration Contest over at MyVirtualBand. The terms for all contributions are CC licensed as well. We here at Creative Commons are looking forward to all the collaborative music that comes from musicians all around the world thanks to this contest.

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Free Culture & the Digital Library Conference Coming Up

Mia Garlick, October 3rd, 2005

Just as digitizing libraries has become a very topical issue, the MetaScholar Initiative is holding a Free Culture & the Digital Library conference at Emory University in Atlanta, Georgia, US, on October 14, 2005. CC’s own CEO & Chairman, Lawrence Lessig and New York University Assistent Professor of Culture and Communication Siva Vaidhyanathan will be among the panel of experts discussing “the relationship between digital access to public cultural information and intellectual property constraints.”

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CC requires little explanation

Mike Linksvayer, October 3rd, 2005

Creative Commons makes a cameo appearance in a New York Times article about the just announced Open Content Alliance:

When it comes to copyrighted materials, the newly formed group appears to be taking a more cautious approach by seeking permission from copyright holders and by making works available though a Creative Commons license, whereby the copyright holder stipulates how a work can be used.

Richard Terdiman, a professor of literature at the University of California, Santa Cruz, said the Creative Commons approach appeared less likely to antagonize copyright holders.

What’s cool about this is that CC is explained incredibly succinctly and accurately (or do we require no extended explanation these days?) and positioned, again accurately, as a moderate and balanced option.

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CC Talks With: Rice University’s Connexions

Ashley Craddock, October 1st, 2005

On first glance — brown hair, pale skin, and undergrad-style clothes — Rich Baraniuk looks like an average guy. But look at his eyes, and you know you’re in the presence of something rare. They’re giant and brown and fairly glowing with the light of the millions of synapses firing at the same instant. They’re the eyes of a man who can’t sit still, of a guy bursting with animation, drive, pep, zest, zing, zip. All of which are necessary given the task Baraniuk took on three years ago, when he decided to write a book and ended up trying to change the way people — everywhere on the planet — think.

Like a lot of guys out to change the world, Baraniuk started out with a modest agenda. An electrical and computer engineering professor at Rice University in Houston, he’d been teaching for about six years when he finally decided that the textbooks he was using weren’t doing their job. They weren’t helping his students learn as much as they should, and they didn’t support his teaching style. He decided he’d write a new, better textbook. So he went to the dean of the school of engineering and proposed the idea. The dean laughed. “Rich came in and said he needed to write a new, better book to teach his course,” says Dean C. Sidney Burrus. “I said, ‘That’s ridiculous. There’re already about 100 books on this subject. You’re going to write the 101st? Think of something new.’ And he did.”

That something new is called Connexions. As described in one of the many documents Baraniuk and the team he leads have used to raise funding, it’s “an experimental, open-source/open content project . . . that gives a learner . . . free access to educational materials that can be readily manipulated to suite her individual learning style. . . . The free software tools also foster the development, manipulation, and continuous refinement of educational material by diverse communities of authors and teachers.”


What does that mean, exactly? When it’s up and running, Connexions will offer an online library of networked content that will allow instructors to pick and choose best-of-breed instructional materials. Experts around the world will develop and contribute modules of information specific to their own expertise. These modules — which may take the form of individual chapters, or even smaller sections of chapters — will act as a giant, constantly evolving library of information that can be tweaked to any given instructor’s satisfaction.

By selecting specific modules and then using Connexion’s free, XML-based editing tools to modify the emphasis of a given course, instructors will be able to create custom textbooks. Students could then go to Kinko’s and order a custom text incorporating the latest research, the best pedagogy — tailored to match their professor’s teaching style and the specific goals of the course at hand. Theoretically, the library will function across disciplines, and will aid teachers and students from kindergarten through graduate school. So far, more than 1000 modules now form the basis for nine electrical and computer engineering courses at Rice.

If that sounds ambitious, think about this: Connexions isn’t just about creating a collection of bite-sized informational chunks. It’s also about fostering a quantum leap in the evolution of literacy — something akin to the development of the first written language or the creation of the printing press. “My perspective about this,” says Burrus, “is not that it’s a just a product of one teacher’s frustrations. I think what we’re doing truly has the potential to change the way people think.”

The people at Connexions believe they’ve found a way to do that. Even more miraculously, a number of people — from the folks at the Hewlett Foundation to the administration at Rice to the U.S. Government — think they may be on to something.


Baraniuk’s big idea grew out of his own sense of frustration about the fragmentary way students learn and teachers teach. He was a great teacher — kids loved his classes — but he could see that they were missing a lot of fundamentals. The problem? The way knowledge was split up into discrete units that seemed so far removed from their lives and interests. “The way we teach breaks everything up and makes it discontinuous, ” says Baraniuk. “Kids would come in and say, ‘Why do I have to learn all this math? I’m interested in genetics.’ And after I sat down with them for half and hour and drew it out on a white board them and showed them how math relates to the field they really wanted to know about, how it was absolutely fundamental, they got it, and generally they’d do much better and learn much more.

“Which was great. I love that part of teaching. But my problem was, ‘Well, okay, how do I apply that understanding to a whole classroom full of students? I can’t sit down and explain the connections to each and every person in my lectures. I don’t have that kind of time. And I finally thought, ‘Wow, there’s just gotta be a better way.'”

Baraniuk’s main beef with traditional teaching and textbooks is that they’re too linear. Subjects are broken up into discrete units, and then never reconnected. Textbooks mirror this flaw in that they are completely linear, and depending on the particular focus of a course, tend to offer a great deal of irrelevant or redundant information, while failing to cast any illumination on vital subjects. Even worse, by the time they make it through writing, editing, school board reviews, publishing and finally into students hands, textbooks — especially in the fast moving sciences — are often obsolete.

By shaping raw knowledge into discrete chunks rather than 2000-page textbooks, Connexions aims to scratch a real-world itch that’s long been unreachable. Instructors will be able to do away with huge chunks of text that don’t apply to their courses, while culling the Connexions database for pieces that apply to their specific areas of instructors. To make that task manageable, Connexions will offer a series of “lenses” that allow users to limit the pool from which they’re choosing. In other words, if Baraniuk wanted to limit his search to courses that the dean liked, he could do so. Or he might choose to view modules that other users had ranked as effective, modules that students liked, modules that resulted in better test scores, modules approved by professional societies, modules produced by certain universities, or even for-fee modules created by Prentice-Hall.


In the last three years, the Connexions team has faced — and cleared — a lot of hurdles. The last of these turned on a legal issue: specifically, the development of licenses that would both protect authors’ intellectual property rights and allow the sort of open usage and modification that Connexions facilitates. “We felt totally hamstrung by our own legal department,” says Baraniuk. “I mean, it’s hard to come into the administration and say, look at all this great stuff we want to give away — the source code, the ability to publish and modify this content, the content itself.”

The problems occurred when the legal team at Rice, accustomed to protecting the university’s intellectual property, suddenly found itself face to face with a bunch of technologists who wanted to take a page from the open-source movement and adhere to an ethic of maximum openness.

“When we started trying to work through the issues, it wasn’t about the attorneys helping us iron out a few legal details,” says Ross Reedstrom, a research scientist at Rice and a Connexions programmer. “I spent hours and hours trying to educate our legal team about the concept of openness.”

The problem was that, to the legal team, “free” and “open” meant “unprotected.” And unprotected was not something the Rice legal team was willing to countenance. The clash was perhaps, inevitable. “It’s interesting that education is the place where the problem of licensing open, free materials became an issue,” says Chris Kelty, an anthropologist who studies the open source movement and is on staff at Connexions. “Educators traditionally build on the shoulders of their peers. This project is all about trying to systematize, formalize and facilitate something that already happens.”

After weeks of barely productive meetings that left the entire Connexions staff frustrated with the Rice legal team, Chris suggested that Connexions meet with his colleague, James Boyle, a law professor at Duke and Creative Commons boardmember. The meeting of needs and minds was instantaneous. “Creative Commons came along at the exact right time. We had this huge problem, how to license content in a way that left it open and dynamic, but still offered protections,” says Baraniuk. Sitting down together, Boyle, Reedstrom, and the Rice legal team were quickly able to hash through most of the remaining licensing issues. Creative Commons will provide the licenses that protect Connexions authors and the Connexions repository.

The licensing issues have the response from the academic community has been positive. “It’s been very easy to get professors to agree to write course modules,” says Baraniuk. “People really understand that with these licenses they aren’t giving up credit, and they are opening their ideas up to what is potentially a huge audience.”

The next hurdle? Filling the Connexions repository with strong content. “The big question now is the take off. When does the project leave the ground?,” says Kelty. “If we only get a bunch of mediocre DSP [Digital Signal Processing] texts, well, it won’t be that useful.”

But signs are that momentum is growing. Professors at other universities are beginning to take notice, and Dean Burrus recently chaired a National Academy of Engineering workshop about how to build an online educational initiative that transcends ownership by any one university and becomes a truly global entity. Attendees included representatives from the Department of Education, the Massachusetts Institute of Technology, the University of California at Berkeley, Michigan State, Columbia, and Carnegie Mellon. Finally, the Hewlett Foundation recently awarded the project a $1,000,000 grant to establish a sustainable business model.

“I think we really have a great chance at getting where we want to go,” says Baraniuk. “What distinguishes us from other initiatives is simple: we have Rice’s buy-in to the idea that at some point, we may spin this off into a creative nonprofit. That’s huge. That means we really could be global.”

Ashley Craddock is a freelance writer living in Austin, Texas. Her work has appeared in Wired, Mother Jones, Working Woman and Marie Claire, among other places.

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CC Talks With: Marshall Sahlins

Alex Golub, October 1st, 2005

Marshall Sahlins wants to make the Internet the new medium for traditional pamphleteering. Sahlins, a celebrated anthropologist at the University of Chicago and the founder of Prickly Paradigm Press, has decided to re-release the press’s backlist with “some rights reserved.” This week, Prickly Paradigm goes online with the publication of five pamphlets under a Creative Commons license.

Alex Golub, a graduate student at the University of Chicago, recently spoke with Sahlins about his project.

Creative Commons: What is Prickly Paradigm Press and how did it come about?

Marshall Sahlins: Well, Prickly Paradigm is a pamphlet producing press—that’s a five-word alliteration—which began as the heir of a British press called Prickly Pear. Prickly Pear was founded by the anthropologist Keith Hart in 1993 and published ten pamphlets. It then branched into North American and British offices, which were essentially independent of each other—they worked independently of each other and there was no total organization. I had already written a pamphlet for Prickly Pear called Waiting for Foucault, and a few years ago had written something else that I thought was suitable for a Prickly Pear pamphlet. I never did publish it as a pamphlet, but at the time I contacted Matthew Engelke, the man who was running the North American branch of Prickly Pear, and who was then was a graduate student in anthropology at the University of Virginia. He told me that he was unable to publish my pamphlet because he didn’t have enough money, since he only could publish pamphlets when he had a sufficient return from those that were already in print. At that rate, he was publishing about once a year. So I asked him how much it cost to publish a pamphlet and he told me, and I thought that if I could raise sufficient money we could publish at least four or six pamphlets a year if we took over the press. So I essentially inherited the press, and I started a limited liability company to publish these pamphlets.

The first thing we ran into was that we had to change the name, because there were already three Prickly Pear presses in the United States, one of which had been in existence for twenty-three years. We had already gotten mail addressed to them—it was not a good idea to continue that name. So we developed a new name, Prickly Paradigm Press, and we started publishing. The first thing we published was a revision of my pamphlet, Waiting for Foucault, which was now called Waiting for Foucault Still, and there will be a further edition in the not too distant future called Still Waiting for Foucault, Yet—each edition enlarged by about fifty percent. In the first half-year we published five pamphlets; the next semester we published four more. We then published another four, and the fourth semester we were in business we published two. So we’ve published fifteen pamphlets altogether. Our aim is not to publish anthropology pamphlets exclusively, or even preferentially. Approximately forty percent of these pamphlets are by anthropologists and about anthropology, but we range over quite a bit of other territory, some of it political, some of it in the fields of art criticism, economics, and cultural studies, one on academic publishing.

CC: So there’s really an idea that it’s sort of a pamphleteering outfit in the old style of public distribution of pamphlets?

MS: Yes. The object was to give people free reign to talk about things that they wouldn’t normally talk about or that were beyond their particular discipline, something that they thought was of general interest, that they could get off their chest without having a big scholarly apparatus, footnotes and so on. We wanted them to just let go, and that’s the way we’ve published. It’s the old pamphlet form, yes. But the fact that we are going into a Creative Commons licensing scheme also indicates something that was said about us very early on in the New York Times, namely, that we raise the question issue of whether the Internet is the new pamphlet arena. There is something to be said for the notion that bloggers and their like are a new form of pamphleteering. So the fact that we’re going onto the Net in this way is consistent with the observation that the Net has taken over the function of discussion in the public sphere, and it’s consistent with our own approach and spirit.

CC: Have you encountered resistance from your authors about publishing for free?

MS: About going free?

CC: Yeah.

MS: There was only one. I would like to mention his name, but… Well, he resisted in all sorts of ways about all kinds of things, including accusing us of keeping his royalties! And we’ve had a couple of “I’ll wait and see” responses. But basically the responses are positive, ranging up to “I’m proud to be associated with a press like that.”

CC: How much do you think this model of publishing with Creative Commons licenses or new kinds of copyright reform is going to affect academic publishing more generally? Do you see Prickly Paradigm as the cutting edge of a new movement to publish online?

MS: Frankly I don’t. It’s just my guess, but I think Prickly Paradigm represents the limit of the utility of this approach. When you open a book that has three hundred pages you’re not going to sit and read it on the screen—at least I’m not, and many people I know are not. Additionally, most people do not have the capacity to easily copy it; printers that would work at that rate that would make it cheap and easy. So when you I opened something like Lessig’s last book, which is available free online, —I mean, the name of the book is Free Culture, as I recall— and after you read the first couple pages, well, my reaction was that I went and bought it! So, the pamphlet is a better idea. Our pamphlets run in a small format. They’re are four and a half by seven inches, and they run up to about twenty thousand or twenty-five thousand words—maybe eighty pages to one hundred in this small format—so you can read it on the Net. It is worthwhile to have it available for free, especially because the cost of publishing being what it is, we have to charge ten dollars at the bookstores. And it’s not just the cost of printing. We are distributed by the University of Chicago Press, which takes a healthy chunk of our returns. So the effect is that we don’t make a lot of money, to put it mildly! If we break even I’m happy. Just to continue publishing is the aim. Our books are too expensive, frankly, and the Net is for us a good alternative.

CC: Are you worried that the Net is going to cut into the sales of the printed pamphlets?

MS: Well as I envision it, we will keep the new pamphlets off the web site for a year or so, hopefully just to break even. My position is that once we’re even, it can go free. None of our authors and none of our publishers and certainly not me, above all, are in this business for gain. I mean, I write a lot of things for academic journals for which I never see a penny. And I’ve written books that I do see a penny for, but it’s literally about a penny for an hour of hard labor. None of us is making a living off of this. Most of us feel that our ideas for the most part come from other people, and it’s certainly the case that we want them to be disseminated among other people. So free distribution seems to me correct. The only constraint I put on it is this one that I would like to be able to break even so that we can continue to function.

CC: Right, and that’s just really to make sure that there’s still a paper copy somewhere.

MS: Yeah, we’ll always keep the copies in paper available in bookstores.

CC: So what is next for the press? What do you see its future operations as being? What’s in planning?

MS: We have just published three books that are getting considerable play. One is by James Elkin, called What Happened to Art Criticism, and it’s so popular that we’ve had to reprint it. The second is David Graeber’s Fragments of an Anarchist Anthropology — he’s an assistant professor of anthropology at Yale. Finally, we’ve released a book by Lindsay Waters, who is the humanities editor at Harvard University Press, on academic publishing, a book called Enemies of Promise. It’s received a lot of publicity, including a healthy amount of argument, both in the British press as well as here in America. We’re about to publish a pamphlet by Harry Harootunian, a well-known historian of Japanese history and well-known theoretician of history at New York University, called The Empire’s New Clothes. We are also publishing and another pamphlet by Bruce Kapferer, who is professor at the University of Bergen, again both on American imperialism. We have several books also lined up in the future, including ones by Susan MacKinnon, on sociobiology, one by Keith Hart, and one by Edwardo Viveiros de Castro on the nature of kinship. So we have quite a bit. We have also some unsolicited submissions – manuscripts are coming over the transom. Recently we got something very interesting from Rick Perlstein that may turn into a pamphlet. So there is plenty to do. If we had more money we could do more.

CC: Cool. Well, is there anything else you want people to know?

MS: I just want to say that I truly support the idea of the free dissemination of intellectual information, and that I truly lament the various forms of copyrights and patents that are being put on so-called intellectual property. I also lament the collusion of universities in licensing the results of scientific research, and thus violating the project of the free dissemination of knowledge that is their reason for existence. So I consider it an important act to release these books under a Creative Commons type of license. I’m happy, and also a little proud, to do so.

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CC Talks With: Rick Prelinger

Lisa Rein, October 1st, 2005

Dateline: 1980. New York-based typesetter Rick Prelinger was trying to “make it in the movies” and writing a reference book on two-way radio frequencies on an IBM Selectric typewriter. Two years later, he became the Research Director for “Heavy Petting,” the Norman Lear-funded Atomic Café-like documentary about sexuality in the 20th Century. Armed with photocopies of old educational film reference books and Library of Congress copyright catalogs, he began a project of surveying, cataloging, archiving, and cross-referencing educational, industrial and advertising films produced in the United States between 1903 and the early 1980s.

Over the past twenty years, Rick has collected more than 48,000 complete films and roughly 30,000 cans of raw footage. The Internet Archive currently hosts 1,125 titles online, with plans to have 1,500 uploaded by the end of 2003.

The Library of Congress recently acquired the Prelinger Archives, which will be made publicly accessible after a 3- to 4-year processing period. In the meantime, the Internet Archive will be the primary way to access the films.

We caught up with Rick fresh back from New York City, where he had been cataloging and preparing to ship the actual film stock for delivery to the L.O.C. The process had left him covered in rust and dust from digging into the corners of his storage facility in search of any lost films that may have slipped through the cracks.

CC: Rick, what exactly is the Prelinger Archives?

RP: The Prelinger Archives is a large collection of what I call “ephemeral films.” These are industrial, advertising, educational, amateur and government films — films that were generally made not to show in movie theatres or on TV, but films that were made to teach, to educate, sometimes to miseducate, to train, to sell, pitch a product, or promote an idea. Films that embody the persuasions of the past. In addition to showing us the way things were, they also show how things were supposed to be. They are a wonderful set of visions of the way we were supposed to think, what we were supposed to buy. A vision of the sort of people we were supposed to become, and as such they record aspects of our history that are suppressed. They are not necessarily public aspects of our history.

CC: What do you mean “not necessarily public aspects of our history”?

RP: I’ll give you an example. If we want to have a sense of what it was like to be a member of a family, a nuclear family in the American 50’s or 60’s, you really can’t get that authentically from a TV sit com, or from a Hollywood movie, or from a news reel. But when you see these films, they are filled with footage of idealized families in action. We get a sense of how the family actually looked and behaved, what was the body language, what were the gender roles, how kids were supposed to behave differently than adults, and you also get a sense of that sort of all-encompassing ideology. So you could argue that all of these films, in a way, are sort of an ethnographic vision of a lost America.

CC: Do you feel that producing these films is a lost art?

RP: These kinds of films really aren’t made today, but if you could imagine the World Wide Web — where organizations and institutions, companies and individuals use the Web to build a site to make their voice heard —imagine that instead everybody was making movies…every company made movies to promote products and train its workers and reach the public. In the schools of the past, really from the turn of the century until recently, films were shown to teach everything. Whether it was “How To Brush Your Teeth,” “How To Get Married,” “Social Studies,” “The Products of Guatemala”…this is the kind of material that I’ve collected for about twenty years.

CC: How long has the Prelinger Archives offered films on the Web?

RP: We first started putting movies up at the very, very beginning of 2001, and the site was kind of embryonic for a while. It’s still a work in progress, but well over 1,250,000 movies have been downloaded — some of those for people to just look at and enjoy from the privacy of their homes, their dorm rooms. Others have been made into other movies.

CC: The movies in the Prelinger Archives have been used to create a wide range of “derivative works.” Could you give us some examples?

RP: In 2001, we had a contest on the theme of “The World At War”…the winners are actually on the Internet Archive Website. The film that took the first prize was “The ABC’s of Happiness,” where an animated character tells the audience that we really shouldn’t worry about the past. We should be happy. We shouldn’t look at disturbing images and let this knock us off of our complacent center — and of course the images we’re seeing in the background are all very disturbing. It’s a very funny and a very sweet film, but with a real punch to it. An artist in England whose name is Vicki Bennett — who performs under the name of “People Like Us” is a musician whose work is made of sampling other kinds of works and knitting together a new whole which is kind of utopian and imaginative. She made a ten-minute movie called, “We Edit Life,” which is about the history of electronic music and the (perhaps) obsolescence of human beings in the future, and it’s all made with material from my collection that was downloaded through the Internet Archive. It’s a funny and very complex little movie.

People are working with our footage to make shows for Tech TV. There’s a series called “Big Thinkers” that makes very, very heavy use of our material. And you know, when you’re making a movie about “Big Thinkers,” you have people talking, and how do you add ametaphoric dimension to what people are saying? How do you visualize their ideas? One of the ways that the producers decided to do that was to download an incredible amount of footage from the site, build a little library, and use a lot of these archival images to contextualize what people were saying.

A woman in San Francisco named Heather Rogers just made a great little film on recycling that actually questions whether recycling is beneficial. We all think that recycling is a good thing…she’s not sure that it is, and she uses a lot of old imagery from the Archives depicting consumption and waste to illustrate her point. It’s a strong movie. So, there are artists. There are documentaries. There are people doing conventional commercial TV, and there are people doing work that doesn’t look like anything that has ever been made before. But all of it relies heavily on having access to a pool of old imagery.

CC: Could you explain more of the details about how making your footage available “for free” through the Internet Archive has actually increased revenues for your stock footage business?

RP: I run a small stock footage company. It grosses every year in the low-to mid-six figures. My competitors are big companies who spend at least as much and maybe more money than I gross every year just on magazine advertising. Probably, they spend that much money just to build their Websites. I couldn’t afford to do that. But if the footage that’s in my collection is “out there,” and [if] it works its way back into the culture by being ubiquitous, I gain. Because ubiquity of images makes them more valuable.

CC: How about an example of what you mean when you talk about how an image’s being used over and over again makes it more ubiquitous and therefore more valuable?

RP: The example that I always like to point to goes back to when I used to work at HBO. (I worked in the entertainment industry for six years.) One day, I was sitting with a colleague of mine who was head of the Time-Life picture collection — a wonderful, wonderful collection of images, many of which are the most emblematic images of the last 70 or 80 years. I asked [my colleague], “What’s your highest revenue-producing image?” She said, “Why I’m surprised you asked, Rick. Of course, you know what it is: It’s the image of everybody sitting in a movie theater with their 3-D glasses on.” You know this famous image. It’s kind of emblematic of the fifties. [Time-Life] makes a great deal of money selling that image…it’s also pirated. It’s been shot over and over again by people. People have set up people in theaters and then shot it on film, so they have a movie version of it. Repetition and ubiquity haven’t lessened the value of that image: they’ve increased it.

Through our partnership with the Internet Archive, my images are just going out all over the world. They are achieving a level of spread and penetration I could never do on my own. And therefore, I think that giving things away ends up benefiting me. You know, these images don’t get used up. They don’t get yellow around the edges. They don’t become less valuable from being shown and repeated. Ubiquity equals value. That’s how I think you can make money by giving things away.

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CC Talks With: Wiley Wiggins

Matt Haughey, October 1st, 2005

Wiley Wiggins has starred in the films Dazed and Confused, Waking Life (on which he also worked as an animator), and Frontier. Wiggins was a contributing editor to the late, great FringeWare Review. His collection of short Stories, Solarcon-6, is available for free under a Creative Commons license from his website (also licensed!).

We caught up with him recently to talk about his projects, his use of Creative Commons licenses, and where he thinks the digital rights debate is headed.

Creative Commons: Most people probably know you for your starring roles in Dazed and Confused and Waking Life, but I have a feeling from reading your website that you do quite a bit more than just film acting. What other things do you spend time doing, and what do you consider to be your main passion?

Wiley Wiggins: Acting has been the most visible creative outlet I’ve worked in, but that’s pretty deceptive, since I don’t pursue an acting career or consider myself an actor. I actually suffer from almost paralytic performance anxiety and can only really enjoy myself acting with friends (which is one of the reasons I work in mostly local, independent films). I actually spend most of my time writing and working with imaging and video on the computer. Waking Life was an excellent project for me because it brought everything I do together, as an actor, writer, computer animator, and all around film-fan.

CC: You’ve chosen to license things on your website under a Creative Commons license. Why?

Creative Commons licenses are so much more flexible and powerful than the very limited and draconian traditional copyright license, especially for what I do. I love the idea of being able to bounce ideas back and forth collaboratively with a group, or to be able to disseminate work freely and still have protection from having someone else simply take credit for it. Copying isn’t theft when it comes to an idea; [theft] is someone else trying to take credit for or make a profit from your idea. The more people copy and disseminate my work, the more talented people I can reach out to and hopefully collaborate with one day.

CC: You’ve been in a few big Hollywood movies, but you’re also active in Austin’s EFF chapter and carry Creative Commons licenses on your site. How do you reconcile the discrepancy between Hollywood’s way of doing business (where control is supreme) and, say, the EFF’s and Creative Commons’? Do you fit in with one world more easily than the other?

I think the Hollywood model for filmmaking is inherently flawed in so many ways. (That’s one of the reasons I live in Austin, and make movies kind of in the margins here.) And I think their stale method of dealing with talent and information as “property” is one of the reasons they seem to make the same movie with the same actors over and over again. Perpetual ownership of rights to works that should be public domain; “ownership” of characters and stories and concepts — [the way] that studios will buy the rights to a script and decide to never make it, making it impossible for anyone to do so; making media technology proprietary to the extent that movies cannot be copied or backed up for personal use (this is especially bad now that it has been revealed that many DVD’s have a very limited life span, and that this may have been intentional, so that people would have to buy multiple copies) — all these things may make perfect sense in a creative community where every one is a crook, but it does not make sense to me or to the way that I make art.

My main issue with Hollywood is actually the machinery of distribution. Waking Life was difficult to find distribution for, even though it got great reviews at Sundance, because it didn’t seem to fit into anyone’s pie-chart view of moviegoers. This happens a lot with independent cinema. In a bad economy, none of these large commercial entities are willing to take risks on things they have a hard time hawking to a “focus group.” It’s very frustrating when you have work you want to share with the world, but you have to rely on these outmoded, money-obsessed dinosaurs in order to do so. Creative Commons is a very powerful tool in the journey to live without these entities, and to share art and information without the approval of cabals of advertising executives.

CC: What do you see in the future for the digital rights management (DRM) being used by Hollywood’s movie and music companies? Do you think DRM will help fill consumer and corporate needs, or is there more promise in freer works like those under Creative Commons licenses?

Well, for all the flack it might get on Slashdot, I think Apple’s Music store is a pretty open and moderate use of DRM that keeps both nervous companies and users fairly happy. I’ll support it in the hopes that the music selection grows, and because I think Apple has one of the more benevolent attitudes towards sharing information of the big media/computer conglomerates — except for their own intellectual properties anyway, watch out! I can only hope that these technologies are used more in this style, as opposed to silly, broken formats that won’t let you burn CDs or copy music off more than one computer. Unlimited [burns of] CDs and [use in] iPods is a step in the right direction.

CC: Right now you’re licensing your website under a Creative Commons license. Do you think you’ll license movies, artwork, writings, or other work in the future?

I’m planning on directing two animated shorts in the next year that I think may work well under a CC license. A film created with festivals in mind is an interesting creature. Because you don’t really intend to sell the film itself, just get it seen in order to get interest and funding for larger projects, you don’t need to secure the rights to music you use (if you intend to sell the short later you generally have to re-edit it with music you own the rights to) and you don’t want to be too strict about copyrights on the film either, since you want as many people to see it as possible. I would like to create high-res Quicktime versions of the finished films that I could share via P2P and on my website. I think it’s simply the best way to distribute an underground or independent short film.

CC: With the advent of powerful computers and digital video at consumer prices, where do you see independent film headed? Will we be inundated with boring home movies, or is the next Citizen Kane going to be encoded as Quicktime?

I think that what it takes to make a large-scale film is always going to be prohibitively expensive. High Definition is exciting, but it is still mostly out of reach for independent projects — and beyond just media, there are tons of other costs involved in a large film. The new technology does free people who are doing small scale projects, however — the ability to shoot, edit, and make DVDs or streaming movies of small projects is in the hands of consumers. Yes, this does mean that a lot of crap gets made (let’s do Star Wars parodies until our eyes fall out of our heads!). But it also means I can make my movie, I can show it to people, and maybe I can try my hand at working with a larger group of people on a larger project. So, in a way I think it’s both a training path and an end to itself. It’s perfect for some projects — Waking Life was all shot on DV before being animated for instance — and not for others (Can you imagine Lawrence of Arabia, shot on DV?). In the end, DV, film, super-8, cave paintings — they’re all just tools, and each is appropriate at different times. What we need to pay close attention to is the means of distribution, the legality of different types of sharing, and making sure the voices of a broad spectrum of artists are heard.

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