Summary of Free Culture

INTRODUCTION

“PIRACY”

According to Lord Mansfield, as quoted by the author, piracy is the act of robbing an author’s profits by copying and distributing her work for one’s benefits. Trying to enforce this understanding to the max, the warriors, as the author calls those in charge of supervising the legitimacy of users of somebody else’s works, are arguing that the new generation of Americans are becoming thieves. This, is facilitated, and to certain extent, encouraged, by the development of the internet and other media that make possible copying and distributing creative work. Among those warriors is the NYU law professor Rochelle Dreyfus whose theory states that “if value, then right.” The only legitimate way to use creative work is by having an express permit from the author.

Traditionally, in America, intellectual property has only set the grounds for a richly creative society. Therefore, intellectual property is subservient to the value of creativity. The original intention of copyrights law was to control publishing. Nowadays, the law is trying to regulate publishing and to control creativity as well. According to the author, the law has to differentiate between republishing someone’s work and building upon or transforming that work. It appears as the law is mostly concerned with protecting an industry rather than supporting creativity.


CHAPTER I

“CREATORS”

Among the classical examples of creative people who have built upon somebody else’s work is Walt Disney. He started by copying and incorporating sound techniques used in film in cartoons. Before creating anything new Disney simply added to the work of others. His cartoon “Steamboat Bill Jr.” was a parody of Buster Keaton’s silent film with the same title and song theme. From this parody Mickey Mouse was born. He created something new out of something old. This is the kind of creativity we need to remember and celebrate.

Parodies and building upon previous work is not strange to other cultures and countries. Japan has its Doujinshi; a copycat comic whose purpose is not merely to copy but contribute to the art it copies. By doing so, the original work is spurred and becomes wealthier. This phenomenon would not be possible if Japanese lawyers were preoccupied with maintaining the legality of copyrights.

The concept of property is a very important one for every culture; without the concept of intellectual property no modern society would be able to flourish. Nevertheless, we believe there was nothing wrong with Disney taking from Keaton or the Grimm brothers because trough history people have always built upon the work of other. Scientists conduct research based in the work of others; and they do not pay for the privilege!

We have to keep in mind that free cultures are those who allow and leave room for others to build upon.