The Open Licensing unit in Wiley's Open Education Course
is pretty challenging, in my view. I have seen and even worked with
some of the Creative Commons licenses in the past, but I really did need
to take a closer look at them - not only because I did so poorly in the
Game, but because I, like so many others, revel in context, and I do better with more of it.
After
watching the video of Lessig at the start of the unit, I knew reading
his article would be engaging, even if less so than watching him discuss
these ideas. And I was right - his article "Against Perpetual Copyright" is a great argument for the Creative Commons, and a nod to the creative process as a whole.
What
I like most about the article by Lessig is his ability to PLACE me in
this conversation. I am not just a witness, not just a body in a chair,
reading his words. His work is an appeal to creatives everywhere - even
creatives like me, whose greatest creative achievement is usually
something like finding a way to brew coffee without the filter, or
making a picture frame hang straight with a piece of used gum on one of
the corners. Needless to say, I never thought of myself as a creative
person. But as it turns out, I am! And that's good news, not just to me,
but to everyone out there who thought of themselves as "less-than" in
the creativity category.
Lessig writes about large, intangible
concepts like "culture" and "rights" and "public good." But he does so
in a way that frames the virtue of creation and the inherent power of
the creatOR (that's us) in an almost inspiring way. Intellectual
property is, as Lessig terms it, "non-rivalrous," meaning that our
understanding of/experience with that property or piece of work can not
be given to us or taken away from us. It is ours, inherently. It is our
understanding, our experience. He uses the example of a poem - you can
read it, and I can read it. You can hold it, touch it. It's real, it's
there on the page in front of you. 20 more people can read it. The poem
is tangible; our understanding of it, our reading and appreciation of
the poem is not. No one can give us that experience; no one can take it
away from us - except to take the actual poem out of our hands. And THAT
is what perpetual copyright would - in part - seek to do. At least
that's how I understand his point.
And if I understand it
correctly, that's a powerful point - not only in the context of his
argument against perpetual copyright, which he posits will place an
undue burden on society if upheld as the standard - but in the context
of just being human. I know, I know, it sounds grandiose and sort of
lame, but really - think about it. Nothing - no one - can take away your
experience of reading that poem, thinking what you think about it,
feeling what you feel, knowing what you know after reading it. It's
yours! That experience is yours, and outcome of that experience is
yours. Anything you come away with after reading that poem is YOURS. And
it wasn't given to you by the author. They lent you their poem, for
sure, but they didn't author your experience with it. YOU DID.
But
more to the point: Lessig concedes that while nothing, no THING, no
piece of work, no creation is new - that is the greatest part of all.
Everything we do is built upon the work of someone else, someone who
either came before us, or is contemporary with us:
"'Nothing
today, likely nothing since we tamed fire, is genuinely new: Culture,
like science and technology, grows by accretion, each new creator
building on the works of those who came before."" (from the 1993 White
v. Samsung Electronics case, reprinted with permission by Lessig,
http://wiki.lessig.org/index.php/Against_perpetual_copyright)
And
so we are all unique in one way, through our own versions of creation
and experience, and yet we are all connected in this other way, through
history and culture and human existence. Who knew that I would go in
wondering about the "Share Alike" attribution license, and come away
pondering existential issues?
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