Posts Tagged ‘Freedom’

Advocacy for Fan Created Content

Friday, December 14th, 2007

I am delighted to discover the foundation of the Organization for Transformative Works via this if:book blog entry. While i’ve not been moved to storytelling via characters established elsewhere in the culture, i recognize it as a strong statement about our culture. I wonder about the time prior to TV and the certainty of historical research when you can imagine, “Tell us another story about King Arthur,” led to tales where the story teller could invent a new narrative, mixing in familiar landscapes and other characters. Cut-up, mix-up, mash-up may be post modern, but may also be pre-modern — modern, in the sense used by historians (not art and music scholars), to mark the distinctive arc of Western European culture for the past 500 years. In the excellent Dawn to Decadence by Jacques Barzun, he cites Petrarch as one of the first creators to express the desire that his name would be known because of his creations. This sense of ownership of one’s creation is, indeed, modern, and has a great deal of value. In contrast, the sense of creative work as part of a shared culture is ancient and, in a sense, definitive of human culture. I see in fan culture a connection to the ephemeral sharing of storytelling and culture building throughout time.

And then copyright, an infant concept when we look at cultural history, steps in with the modern age, Petrarch, and the printing press. First, the king controlled the copying. (Freedom of the press wasn’t just for newspapers but all mechanical duplication.) Works derived from one another — operas, ballets, plays, poems, novels — creating a stew of characters and plots that fed language and metaphor, created a shared experience. In the twentieth century with broadcast media, the shared smorgasbord of personalities and fictional characters became even more pervasive. Superman outstrips Zeus in Google hits. (Thor beats Mickey Mouse, but often as a brand or product name.)

Fanfiction seems to me a continuation of the human response of “Tell us another story.” I believe we need to make sure that storytellers are protected in their creative explorations of how characters are becoming more than an element of a creation but part of the cultural fabric. I can certainly understand creators wanting reward for their work, but in releasing their work to an audience, they have no choice but to give up control. Each viewer, reader interprets and understands a work in their own way. Characters show up in our dreams, in our jokes, in our fantasies, in our references. It’s not a large leap to storytelling. In telling new stories in a shared mythology or “history” — consider Mark Twain’s account of King Arthur and then E B White’s and then Marion Zimmer Bradley’s — storytellers weave the narrative into the culture, culture into the narrative. Surely, this has been happening throughout time: children playing out their new narratives, parents telling stories, amateur theater, 18th century tableaus. Now, with the internet creating a way to share and celebrate this sort of retelling, the issues of fair use suddenly become visible to the rights owners.

It’s an important part of sharing and understanding our lives, our world, and it’s great to see a group forming to support the activity.

Open data and cost recovery

Sunday, September 30th, 2007

I don’t just find Peter Brantley’s post about the Library of Congress’ rate for charging for data interesting due to my own work, but also because of the similarities to the parcel data “brouhaha” here in California. I’ve posted before about the court case to determine whether the digital descriptions of the parcel boundaries* are subject to the California public records law. Santa Clara county has charged a great sum for the data in the past, but if the data falls under the public records law, the records should be “provided to anyone requesting them for no more than the cost of duplication.” Santa Clara is appealing the decision on Homeland Security grounds. * parcels are the land units on which property taxes are assessed.

In looking for an update to the appeals story, i found this 2007-05-07 article from before the decision. It notes that Santa Clara county hired an outside consultant to examine the cost and after that study, officials noted that the fees might be dropped from $250,000 to $22,000. At least the $22,000 is the same order of magnitude as the copyright registration database. On the other hand, my spouse got the parcel data (for noncommercial use) for San Mateo county (immediately north of Santa Clara on the San Francisco peninsula) for a buck. (The cost of the CD on which it was distributed.)

Brantley reports that the copyright renewals database is congressionally mandated to be made available “at a charge of production and distribution cost plus 10%,” and reports that cost is ” $55,125 to obtain the retrospective online database, and $31,500 for a current-year subscription that must be annually renewed, for an entry cost of $86,625.” Assuming “production” doesn’t describe running the Copyright Office but production of the distribution copy, it’s somewhat difficult to understand how data distribution — not a live database serving hundreds of concurrent users but collection of records in MARC format — could run $50,000 in the digital age. However, the LOC notes a “recent cost savings,” so perhaps the new prices will be reduced by an order of magnitude or two.

The restriction Christine encountered of “for noncommercial use only” did stir up my memory of a different federal agency, the National Weather Service, and a noncompete clause proposed in 2005 by Senator Santorum. [Information Week overview, and opinions from the WeatherUnderground's Director of Meterology in April, May, and June of 2006.] I wonder if the amended law had gone into effect whether these forecasts would have been available under a FOI request.
Freedom of Information, copyright registration, public data, cost of data