Customer Reviews

Freedom of Expression (R): Overzealous Copyright Bozos and Other Enemies of Creativity

5 star:		(0)
4 star:		(3)
3 star:		(1)
2 star:		(1)
1 star:		(0)

 

 

The subtitle "overzealous copyright bozos and other enemies of creativity" aptly describes this missive against current trends in intellectual property law that media prankster Kembrew McLeod has launched with this thought-provoking and often humorous book.

A central premise of McLeod's book is that an erosion of the creative commons by continually expanding copyright and patent legislation, rather than encouraging artistic and scientific innovation, has actually had the opposite effect. Moreover, the encroachment of private interests on the public domain via this expanding legislation has made it prohibitively expensive to perform scientific research and cheapened our culture.

Copyright and patent laws were legislative tools originally conceived to foster creativity. The laws allowed the creators of cultural and technological artifacts to exclusive profits for a fixed period of time. Afterwards, the works would enter the public domain, where they could be built upon by the next generation.

McLeod describes how folk musician and political activist Woody Guthrie freely borrowed melodies and lyrics from existing folk and show tunes for his compositions. Many of these tunes were only a few years old at the time Guthrie incorporated them into his music, yet this was not seen as theft. Artists of his era implicitly recognized the concept of the information commons - that they could build upon existing melodies to create something novel. In fact, this methodology goes back to nineteenth century classical music, where composers like Mahler and Dvorak used folk melodies as a basis for many of their symphonic compositions.

Woody Guthrie has been dead for 40 years, and many of his songs are well over 60 years old. Ironically, the current holders of his copyright have been very litigious in their pursuance of any perceived transgression against their "right" to his music. They fail to recognize how the genesis of these songs relied on a freely available pool of existing melodies, rhythms, and lyrics - a creative commons - that they in turn are slowly eroding. The result is that current copyright legislation no longer encourages creativity, but destroys it.

McLeod looks at the effects this erosion of the public sphere in a wide range of areas: sampling and collage in music, trademarks in biotechnology, the use of lawsuits to curtail fair use, and the copyright of common sayings.

There are long-reaching ramifications, including the curtailing of free speech and democratic institutions. If the Watergate scandal occurred this century, could it have been made public, given that documentation produced by outsourced private entities is not freely available? How could the results of voting machines, produced by and managed by private corporations, be independently verified if they are under private control? These and many other troubling issues are raised in this incisive analysis of unchecked greed.

Not an academic argument by Mr. McCleod, rather more reads like a transcribed lecture to first year college students complete with wandering asides that detract from the main idea. It's just my opinion, but the book is small on persuasive thought for such a big price.

The issue of time frames re creating vibrant new work with as much freedom as possible while honoring the work products of others and their right to business advantage, is a serious one that deserves a reasoned argument, rather than a clownish one. Would have hoped for a book filled with persuasaive arguments and facts that can appeal to a broad audience rather than the choir already convinced. THe most major issues in this arena are not poetry, music and novels as is often touted, but rather a life and death issue of the with-holding of medicines from cheaper manufacture and distribution because of unreasonably long patent holding and import export limits, way beyond the recovery of r and d costs and even fabulous profits; as well as the criminal misappropriation by academics and others of foodstuffs, ethnographic materials and other resources belonging to non-literate aboriginal people who are in return given no share of the profits, or an egregiously unfair share. Polemics dont help much in the building of cultures that are sustainable by those who live in them. What builds a culture worth living in are wise and visionary people who can speak to the most number of people, not just a small group. There are other books that are far more reaching than this one, far more reasoned, and ultimately, far more persuasive. There will no doubt be other more thoughtful books published in the near future as the subject of proprietariness about life and death matters and resources is seen by many as a social justice issue as elucidated in the best of Catholic, Judaic, and Muslim and other religious social teachings.

I found this book to be a terrific read that was informative, insightful and filled with humor that enlivened the subject matter. In fact, McLeod's quirky sense of humor and obvious delight in the bizarre/ironic is a big part of what makes "Freedom of Expression" such a page-turner. That, and his personal experience with the subject matter.
I'd argue that it's also why his book will probably matter more than 20 purely academic handlings of the subject because it speaks to a larger audience of everyday, uninformed readers (like me) while urging them to become involved.
The compelling subjects of intellectual property and copyright law are complicated and easily baffling, so it helps to read an informal book from an author who can illustrate the issues from an artist's perspective and that of an accomplished academic-without sounding pretentious or overly wordy. Also his economical, no-nonsense writing style helps make this a quick and enjoyable read.
McLeod is no simple lecturer or arm chair pundit-he's out there in the middle of the fray. And while he understandably spends more time on the issues surrounding art and entertainment (his forte) he still provides chilling glimpses at the darker implications in more serious realms of medicine and agriculture. But these are topics for another book entirely.
My only complaint is that I wish there could have been some photo pages included. Knowing that McLeod is a visual artist, I'm sure he would have come up with some memorable images (oh well, maybe next time).
In summary, I would highly recommend this book to anyone interested in copyright/intellectual property law and especially for artists and those concerned about the (near) future of art. Wonderful job, Kembrew-keep `em coming.

Covers similar ground as Brand Name Bullies, by Bollier, as well as the general theses of copyright law jocks Litman, Vaidyanathan, Lessig and others, but with a fresh perspective and many excellent examples of over-reaching IP litigation. Anyone toying with the idea of becoming and intellectual property lawyer, especially a patent attorney, should read this book and consider carefully whether you want to become part of this growing problem.

Poor Kem is at it again! He has pulled a lot of pranks involving the media (using them to promote silliness) such as selling his soul on eBay; he writes that he got enough to buy a car. Maybe I'll try that. I'm pretty tired of riding worn-out buses driven by idiots.

Media pranks involve cooking up a story as an event in order to make a larger, satirical point. And he has become the master of this fraud.

This book isn't about freedom of expression as I know it. He is a journalist from Iowa and eveybody knows that is a backward state. On the certificate from the government he has moved to Massachuetts. I express myself as I please, not as a prank to get publicity.

His latest prank was to obtain a U. S. Tradmark #2,127,381 on that phrase, which was signed by the Commissioner of Patents and Trademarks. This book would not been officially classified as non-fiction without the photo of the certificate as a preface. He has pulled the ultimate prank.