In my latest Guardian column, "When love is harder to show than hate," I look at the fact that copyright protects critics who want to talk trash about creative works, but gives no real protection to people who want to say nice things about them.
The damage here is twofold: first, this privileges creativity that knocks things down over things that build things up. The privilege is real: in the 21st century, we all rely on many intermediaries for the publication of our works, whether it's YouTube, a university web server, or a traditional publisher or film company. When faced with legal threats arising from our work, these entities know that they've got a much stronger case if the work in question is critical than if it is celebratory. In the digital era, our creations have a much better chance of surviving the internet's normal background radiation of legal threats if you leave the adulation out and focus on the criticism. This is a selective force in the internet's media ecology: if you want to start a company that lets users remix TV shows, you'll find it easier to raise capital if the focus is on taking the piss rather than glorifying the programmes.
When love is harder to show than hate
Second, this perverse system acts as a censor of genuine upwellings of creativity that are worthy in their own right, merely because they are inspired by another work. It's in the nature of beloved works that they become ingrained in our thinking, become part of our creative shorthand, and become part of our visual vocabulary. It's no surprise, then, that audiences are moved to animate the characters that have taken up residence in their heads after reading our books and seeing our movies. The celebrated American science-fiction writer Steven Brust produced a fantastic, full-length novel, My Own Kind of Freedom, inspired by the television show Firefly. Brust didn't - and probably can't - receive any money for this work, but he wrote it anyway, because, he says, "I couldn't help myself".
Rogue archivist Carl Malamud writes, “Third year Harvard Law School student Kendra Albert did a very nice job on her powerful opinion piece in the Harvard Law Record, the student-run newspaper.”
Melt chocolate into slabs, coat with blue candy-melts, and stud with broken oreos and edible googly eyes and voila: it’s as though you blenderized a thousand Cookie Monsters, rolled them flat, and baked them.
For decades, Warner/Chappell Music claimed to own the rights to the Happy Birthday song, despite the reams of copyright scholarship and historical research showing they had no legitimate claim.
Light used to just be one of two things: on or off. Simple as that. Either a flood of yellow or total darkness. Then the dimmer switch happened and you could adjust the brightness to meet your seductive needs and suddenly everyone looked a little better in the gentler light. And now your luminary universe […]
Projects will always need management. And now with the tech gold rush it feels like there are more projects than ever with fewer managers than there’s demand for. But it takes too much time and money to go back to school full time so luckily the Project Management Professional certification training course is now 96% […]
If you’ve been blessed enough to avoid them yourself, you’ve definitely heard the horror stories. Late night, crushing out a ton of work, writing, coding, anything, then boom – your computer crashes. The battery blows, you spill water or coffee all over the place, or it just shuts down with no explanation, and you’re screwed. […]