Notes on copyright and copyleft

by Wu Ming, translated by Jason Di Rosso

1.The two horns of the false dilemma

We’ll start at the end: copyleft is founded on a need to link two primary needs; we might say two irrefutable conditions of civil co-habitation. If we stop struggling to satisfy these needs, we stop hoping the world will get better.

There's no doubt that culture and knowledge must circulate as freely as possible and access to ideas must be straightforward, equitable and free from discrimination on the grounds of class, censorship or nationality etc. Intellectual works are not just products of the intellect, they must in turn produce intellect, disseminate ideas and concepts, fertilize minds, in order that new thoughts and fantasies may sprout forth. This is the first cornerstone.

The second is that work must be remunerated; this includes the efforts of artists and narrators. Whoever can make art or narration their profession has the right to make a living out of it in a way that doesn't infringe on their own dignity. Obviously, we're talking about the best case scenario here.

It's a conservative attitude to think that these two needs are like two horns of an irreconcilable dilemma. "There's barely enough to go around" say the defenders of copyright as we've known it. Freedom to copy for them means only 'piracy', 'theft', 'plagiarism' - and you can forget about the author's remuneration. The more the work circulates for free, the fewer copies you sell, the more money the author loses. A bizarre syllogism if you examine it closely.
The most logical progression should be: the work circulates for free, its appreciation translates into word of mouth, the author's reputation and profile benefit as a result, and therefore their influence in the cultural industry (and not just there) grows. It's a beneficial cycle.
A well respected author is increasingly called on to make presentations (expenses reimbursed) and to attend conferences (paid); they are interviewed by the media (unpaid but it furthers the cause); academic postings are offered (paid); consultancies (paid), creative writing courses (paid); the author has the possibility to dictate more advantageous conditions to their publisher. How can all this harm book sales?
Let's talk about the musician/composer. The music circulates for free, people like it, it grabs their attention; whoever wrote or performed it has their profile raised, and if they know how to exploit it they're called upon to perform more frequently and in more places (paid), they have the opportunity to meet more people and therefore more supporters, if they 'develop a name' they are offered film soundtracks (paid), gigs as DJs (paid), sound design jobs for events, parties, art shows, fashion shows - they can even find themselves directing (paid) a festival, or an annual exhibition and so on. If we look at pop artists, we can add the income from merchandising like t-shirts sold on-line or at concerts etc.
And so the 'dilemma' is resolved: the needs of the consumers have been respected (they've had access to a work), as have those of the authors/composers (with financial and career benefits) and the cultural industry (editors, promoters, institutions etc.)