Does information really want to be free? *Should* it be free? These questions came to my mind upon learning that Aaron Swartz–founder and director of Demand Progress, co-founder of Reddit, and founder ofÂ watchdog.net, a site dedicated to making it easier for people to locate and retrieve government data–was arrested yesterday for allegedly downloading too many journal articles from JSTOR. From The Boston Globe:
Aaron Swartz, a Cambridge web entrepreneur and political activist who has lobbied for the free flow of information on the Internet, was charged in federal court with hacking into a subscription-based archive system at MIT and stealing more than 4 million articles, including scientific and academic journals.
Swartz, 24, who at the time of the alleged hacking in fall 2010 was a fellow at Harvard Universityâ€™s Edmond J. Safra Center for Ethics, was charged in an indictment unsealed yesterday with wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer. He faces up to 35 years in prison and a $1 million fine.
Although just 24, Swartz has long been an activist for the free flow of information, and has published many articles decrying the influence of corporate money on nonprofit institutions, the media, and public opinion in general. Until recently Swartz was a fellow at Harvard Universityâ€™s Edmond J. Safra Center for Ethics. It’s not yet clear whether Swartz meant to make the JSTOR documents he downloaded freely distributable to the public or if he planned only to study those documents as part of his ongoing research on the influence of corporate money on institutions. You can read further details about Swartz’s indictment on Kottke here.
Swartz’s case may not be as easy to get behind as that of Ai Wei Wei, whose ongoing oppression at the hands of the Chinese government has appalled and fascinated free speech activists and the international artworld for a number of months now. Swartz’s actions fall into that grey area of ethical (and obviously legal) conduct that, for some, makes his current predicament harder to rally behind. But to me his case signifies ideas no less vital for us to consider than those represented by Ai Wei Wei’s situation – and it’s happening in the United States. If you want to follow Swartz’ case, or take action (which, not surprisingly, means going to a website and signing a petition), go to Demand Progress, the site for whom Swartz currently serves as director.
Ryan McGinley is the latest artist to be hit with a copyright lawsuit, Rachel Corbett reports in Artnet. Janine Gordon, aka Jah Jah, an artist and rapper who was included in the 2002 Whitney Biennial is suing McGinley, along with Levi Straus & Co. Inc., Jose Freire, Team Gallery Inc., Agnes B. Worldwide, Inc., and Peter Hay Halpert Fine Art. Gordon claims that for the past decade McGinley has been infringing on her work, which focuses on “risk-taking & thrill-seeking in various subcultural factions in society,” and takes the form of various media, including photography. Gordon is seeking $30,000 per infringement. In 2005 Janine Gordon also sued Dr. Dre and 50 Cent for copyright infringement, claiming that her songsÂ “Poppinâ€™ At Da Club,” “Hardcore” and “Crazy Dreams,” among others – were used without her permission on 50 Centâ€™s album “The Massacre.”
Click on over to Artnet to take a look at the photographs that Gordon claims McGinley copied and judge for yourselves, although to me the comparison itself seems irrelevant. But beyond it’s reportage, Corbett’s article is a fun read for bits like this one:
McGinleyâ€™s guilt was compounded, at least in Gordonâ€™s mind, in 2003, when she ran into him at a PS1 opening and he responded with â€œa fearful gasp and speedy retreat into the crowd,â€ according to the complaint.
Hee. Or this quote from Gordon:
â€œThis is an art world travesty, when artists can freely steal from another artist for 10 years and be praised, paid and dance in the sun all day,â€ Gordon said in an email to Artnet News, adding that her prints go for $5,000 while those of her younger, more successful counterpart might go for $20,000.”
It’s that “dance in the sun all day” jab that’ll keep me laughing for the rest of the day.
Regardless, Gordon’s claims seem pretty specious. Seriously, can you really claim to hold copyright on the idea of bodies flying gracefully through the air? Much as I’d love to see a moratorium placed on such imagery, this is obviously not the way to go about it. Looks like Richard Prince’s loss may be the gain of artists like Gordon, and everyone’s lawyers, of course.
January 10, 2011 · Print This Article
I recently interviewed Anne Elizabeth Moore for the Art21 blog. Our interview ran over the prescribed length but I was still pretty fascinated in what AEM had to say. Thus, I’ve posted the extension of the interview here. First, we talk about copyright issues–what seems of real interest, given that making visual/creative work (especially outside of a stream-lined commercial business context) begs such questions. For instance, I’ve worked with authors who have insisted on using Creative Commons (not a problem with the GLPress since the author/artist always keeps the rights to whatever we print), and Creative Commons is awesome, maybe even preferable, but how to think about it? What does it mean? Well, Anne Elizabeth Moore to the rescue, because she has thought about it. ALOT. Maybe in part because her namesake created the first copyright way back when. Aside from copyrights, we also talk about her Fulbright and what she’s doing in Cambodia. Which is also well worth the read. So.
CP: How do you deal with copyright issues?
AEM: Depends on the project. I’m not a big fan of current copyright law and it’s ease for corporate abuse, but I’ve also seen how the copyright activists tend to be these loud, masculine players who are just as aggressive as, say, those corporations that virulently defend their copyright despite fair-use defenses. So let me say this once: demanding I give up my copyright as a matter of politics is just as shitty as suing me for using yours. I’ve been involved in some fairly big-deal copyfights, and I’ve just seen the same thing, over and over and over: the loud white obnoxious psuedoradical dudes, usually also the best educated and with the most money, consistently have the most say. It’s weird, right? That in this supposedly deliberate anti-corporate field of criminal activity, we’ve got the same problem as in boardrooms across America: rich white dudes grabbing all the power. So I started to look into it more, and it’s a pretty complex matter. Because copyright doesn’t actually cover all matters of intellectual property rights: there are a ton of things that we do, make, use, and create that we don’t bother to assign copyright to. Cooking, for example, and quilting and knitting and sewing. Traditionally known as women’s work. Most of this isn’t eligible for copyright because, in the theory that went into creating the law, they worked from the accrued common knowledge of a group of people and result in products that are intended for private consumption. So: the law is publicly acknowledging that some work traditionally identified as feminine doesn’t matter in terms of this law, which after all is about the right to have ownership over, but also profit from, your own work. This is therefore a law that is fundamentally flawed, in several different arenas. Fighting it on its own terms isn’t going to change the basis of our understanding about the kinds of work that matters and the kinds of work that don’t. And so also, Creative Commons isn’t going to challenge this law to the degree I feel it needs to be challenged. And look at the basis of the law: that the accrued common knowledge of a group of people working together on something? I’m all about that kind of work. You cannot tell me that it does not have value. Although I will hear arguments that its primary value is in creating corporate-resistant structures unacknowledged by our current legal system. But we get confused in the States. When the legal and corporate world tells us something has value, we don’t have much space to rethink that. Even the copyright pirates, right? The copylefters, a thing that I first heard about in zine culture: this is a proposal to freely re-use work, to open it up to any and all users, for any purposes whatsoever. This is helpful, but it doesn’t say, here are all the ways this law is wrongly established.
What I’m for is the first copyright. Some 1790-ish thing called the Statute of Anne, this first copyright law in the UK gave creators rights to their own work for a very reasonable period of 14 years. The end. It would be great if this applied to all created works–quilts, family recipes, etc.–and if the profit-making edge copyright has taken on especially in recent years were eradicated from the whole deal, so that creators would feel empowered to defend this work for this short time on the basis of its own merits and not for its money-making potential. But until copyright law is challenged fully and on all the bases that I feel it needs to be challenged, I will continue to respond to each individual project with a unique take on copyright that challenges it on the grounds I think it needs to be challenged on.
Like, a 2004 zine about Starbucks marketing and branding strategy in underground culture. Because they had recently tried to take Kieron Dwyer to court, an associate from my comic-book days, I assigned copyright of this very critical piece to Starbucks, and then distributed it inside Starbucks around the US. Actually it’s still in circulation, and I just got an email from someone who found it a few months ago. [ONLINE SOMEWHERE AT ANNEELIZABETHMOORE.COM] Or I will pirate things when I need toâ€”the American Girl Doll cards, for example. I have yet to do a project where I needlessly copyright something created by a large number of people just to prove a point, but I do assign full credit within works I complete on their behalf, and don’t register them for separate copyright. And then here in Cambodia, there is no copyright law. So every single thing I do here is purely contributory, or could be, or hopes to be.
CP: I was wondering if you could talk a little bit about your Fulbright….
AEM: So I was invited to teach media and communications in Phnom Penh for the winter term, and I actually just gave a little intro lecture to my students yesterday. There, because the country’s been so poor in the past–it’s developing now, and rapidly–the way globalization takes hold is really, really evident. And because there is a visible middle class there now, whereas there was not three years ago (when I started working there, on the self-publishing project I mention above), there are also the markers of the middle class: namely, advertising. What I’ll be studying here with my students is the rise of advertising in a country where most of the nation earns less than $60 per month, often supported by young women in the garment factories, who of course unknowingly supply the world with clothes sold under brands like H&M, Gap, Adidas, Bennetton, and Nike. What happens in an insane context like this is, those same brands are being pushed on the makers of them, but no connection to the process of creation, or between their wages and the price point, is ever acknowledged. Yesterday I met a kid who proudly whipped out an iPhone he doesn’t know how to use. You may know I first came here right after my book Unmarketable came out, about the cooptation of the cultural underground by marketing forces. It was very well received, and this was all very exciting, but there I was in Cambodia where, like the town was getting excited about the very first KFC (called here Khmer Fried Chicken, of course) opening up. Unmarketable made no sense. I was asked to come give a lecture on it at a university here, and it was like, OK: but first I have to explain what a cultural underground is, and then I have to explain about what marketing is. And then I have to explain what resistance movements are. Now, in three years, Cambodia has caught up the our most globalized cultures in terms of advertising if not in terms of actual economic development. What’s up with that?
Nadia Plesner, a Danish 26-year-old art student, designed a T-shirt depicting a Darfurian child holding a Louis Vuitton bag with a Chihuahua on his shoulder in the vein of Paris Hilton. The image was printed on t-shirts to bring about increased attention to the plight of Darfur and the West’s insistence to trivialize or overlook the issues there.
In February of this year the Marc Jacobs run House of Louis Vuitton issued a copyright lawsuit demanding $20,000 a day for each day she continued to use this image and reimbursement for legal fees. Plesner is scheduled to meet with Louis Vuitton in Paris with her lawyer on May 30th since she refused to comply.
New York Mag has a interview with Nadia Plesner that makes for an interesting read.
While the House of Louis Vuitton is busy spending thousands of dollars suing her instead of capitalizing on the moment by making a donation in her name to charity and realizing that parody/caricature and non competitive market copyright have a considerable barring on this “copyright” case. May Bad at Sports suggest other parody related/for profit targets for their attention.
SNL Season 31: Episode 10 – Where a copyrighted Louis Vuitton like background was used to parody a sweet sixteen skit.
Every Editorial Cartoon ever made that has a Louis Vuitton related caricature – Newspapers used to be for profit industries at one time.
Paris Hilton – A living caricature of a human being who is regularly seen with a LV handbag.