Centre for the Study of Communication and Culture Volume 26 (2007) No. 3 IN THIS ISSUE The Copyleft Movement: Creative Commons Licensing Sharee L. Broussard, MS APR Spring Hill College AQUARTERLY REVIEW OF COMMUNICATION RESEARCH ISSN: 0144-4646 Communication Research Trends Table of Contents Volume 26 (2007) Number 3 http://cscc.scu.edu The Copyleft Movement:Creative Commons Licensing Published four times a year by the Centre for the Study of Communication and Culture (CSCC), sponsored by the 1. Introduction . 3 California Province of the Society of Jesus. 2. Copyright . 3 Copyright 2007. ISSN 0144-4646 3. Protection Activity . 6 4. DRM . 7 Editor: William E. Biernatzki, S.J. 5. Copyleft . 7 Managing Editor: Paul A. Soukup, S.J. 6. Creative Commons . 8 Editorial assistant: Yocupitzia Oseguera 7. Internet Practices Encouraging Creative Commons . 11 Subscription: 8. Pros and Cons . 12 Annual subscription (Vol. 26) US$50 9. Discussion and Conclusion . 13 Payment by check, MasterCard, Visa or US$ preferred. Editor’s Afterword . 14 For payments by MasterCard or Visa, send full account number, expiration date, name on account, and signature. References . 15 Checks and/or International Money Orders (drawn on Book Reviews . 17 USA banks; for non-USA banks, add $10 for handling) should be made payable to Communication Research Journal Report . 37 Trends and sent to the managing editor Paul A. Soukup, S.J. Communication Department In Memoriam Santa Clara University Michael Traber . 41 500 El Camino Real James Halloran . 43 Santa Clara, CA 95053 USA Transfer by wire: Contact the managing editor. Add $10 for handling. Address all correspondence to the managing editor at the address shown above. Tel: +1-408-554-5498 Fax: +1-408-554-4913 email: [email protected] The Centre for the Study of Communication and Culture (CSCC) is an international service of the Society of Jesus established in 1977 and currently managed by the California Province of the Society of Jesus, P.O. Box 519, Los Gatos, CA 95031-0519. 2— VOLUME 26 (2007) NO. 3 COMMUNICATION RESEARCH TRENDS The Copyleft Movement: Creative Commons Licensing Sharee L. Broussard, MS APR [email protected] 1. Introduction The 2006 Pew Internet and American Life Project disregard for rules. Lawlessness in the e-frontier can study notes that “Internet penetration has now reached take many forms, from blatant to subtle, and the legal 73% for all American adults” (Madden, p. 1). This marks system simply cannot keep up. After all, legislation and an astounding growth. In the summer of 1995, Pew adjudication typically occur after the fact. researchers found less than 15% of U.S. adults were Among many other forms, one form of rampant online (p. 3). Because of its explosive growth and the lawlessness on the Internet consists of copyright types of activity that can occur online, many have likened infringement, that is, the unauthorized copying and the Internet to the 19th century U.S. Wild West: it forms distribution of material created and owned by others. an e-frontier of endless possibility, where communities Given the scope of the problem, a number of move- form, cultures grow, and lawlessness flourishes. ments to mitigate copyright infringement on the Not unlike the Wild West, groups with similar Internet have begun. One such movement involves belief systems and interests find one another through the use of digital tools and legal action to prohibit the amazingly interconnected web of newsgroups, net- copyright infringement. Another movement, copyleft, works, sites, blogs, wikis, and other individual and/or seeks to build a richer public domain and change the group digital communication vehicles. They band assignment of rights from the automatic “all rights together, share information, learn from one another, reserved” to a more egalitarian version dubbed “some protect one another at times, and exhibit other signs of rights reserved.” At the forefront of this second move- community—even though their relationships may only ment is Creative Commons, a web-based intellectual exist in the digital world. Not unlike the Wild West, property sharing schema developed by a consortium members of these communities are enculturated to fol- headed by Professor Lawrence Lessig of Stanford low group norms. Members develop their own ways of Law School. doing things: language, style, substance, and so on. This review begins with an examination of the Each person’s values, beliefs, and opinions are shaped ways that existing copyright laws and practices com- by others in the group. Additionally, as in the blogos- pare with the Creative Commons Legal Code. It then phere [the collection of weblogs and online commen- explains how this idea of copyleft works, how it began, tary], influence is hierarchical and shaped by others’ and why its proponents encourage its widespread use to willingness to forward and build upon information of satisfy the disconnect existing between current intel- common interest. Not unlike the Wild West, existing lectual property laws and common Internet practices. rules do not always fit activities occurring on the The essay concludes with a discussion of the pros and Internet, which in turn generates lawlessness and/or cons of the system. 2. Copyright Copyright law protects the expression of ideas, of Literary and Artistic Works established the interna- not the ideas themselves. Solutions or ideas find their tional importance of recognizing and protecting intel- protection under applicable patent law. First estab- lectual property ownership and rights. Today, the lished in 1886, the Berne Convention for the Protection World Intellectual Property Organization, headquar- COMMUNICATION RESEARCH TRENDS VOLUME 26 (2007) NO. 3 — 3 tered in Geneva, Switzerland administers. the Berne 3. The right to distribute the work publicly. Convention treaty and five other international intellec- 4. The right to publicly perform a work. tual property treaties. 5. The right to publicly display a work. The World Intellectual Property Organization was 6. The right to transmit a sound recording, such as a formed in 1967 to “promote the protection of intellec- CD, through digital audio means. (pp. 429-431) tual property throughout the world through cooperation The Berne Convention also introduced the con- among states and in collaboration with other interna- cept of Fair Use, also known as Free Use or Fair tional organizations,” (WIPO, about). WIPO member- Dealing. As defined by Title 17 of the U.S. Code, “the ship includes 184 nations. fair use of a copyright work, including such use by Article 2 of the Berne Convention protects liter- reproduction in copies or phonorecords or by any other ary and artistic works defining them as “every produc- means specified by that section, for purposes such as tion in the literary, scientific, and artistic domain, what- criticism, comment, news reporting, teaching (includ- ever may be the mode or form of its expression,” ing multiple copies for classroom use), scholarship, or (WIPO, Understanding, p. 8). Additionally, the Berne research is not an infringement of copyright” Convention, Article 6b, requires that member countries (Association, 2007, ¶ 16). grant to authors the right to claim authorship of the U.S. and international law allow Fair Use of work (right of paternity) and the right to object to any copyrighted information according to “1) the purpose distortion or modification of the work (right of integri- and character of use, 2) the nature of the copyrighted ty) (p. 12). work, 3) the amount and substantiality of the portion Generally, since its inception, copyright is a used, and 4) the effect on the plaintiff’s potential mar- property right attempting to balance the rights of the ket” (Trager, Russomanno, & Dente-Ross, 2006, pp. producer with the rights of society to build upon that 441-445). work. According to the WIPO, copyright exists for Though there are consistencies among nations’ two reasons: intellectual property laws, each has separate and dis- One is to give statutory expression to the moral tinct laws and regulations about copyright. The World and economic rights of creators in their cre- Intellectual Property Organization summarizes each of ations and to the rights of the public in access- its member states’ intellectual property laws on its ing those creations. The second is to promote website. These summaries appear in parallel formats; creativity, and the dissemination and applica- the WIPO keeps them current for reference purposes. tion of its results, and to encourage fair trade, The interested reader can access them at http:// which would contribute to economic and social www.wipo.int/about-ip/en/ipworldwide/country.htm. development. (WIPO, Understanding, p. 6) Because the author of this essay resides in the The World International Property Organization U.S., a brief summary of U.S. copyright law follows. explains the rights that an owner of a work can either As part of the U.S. Lanham Act, since 1976 prohibit or authorize: copyright applies to “original works of authorship” that are “fixed in any tangible medium of expression” 1. Its reproduction in various forms, such as printed and belong to the work’s creator by default. U.S. copy- publications or sound recordings; right law was established in 1787 when the original 2. The distribution of copies; States adopted Article 1, Section 8 of the U.S. 3. Its public performance; Constitution, stating that Congress has the authority to 4. Its broadcasting or other communication to the “promote the progress of science and the useful arts by public; securing for a limited time to authors and inventors the 5. Its translation into other languages; exclusive right to their writings and discoveries.” The 6. Its adaptation, such as a novel into a screenplay Copyright Act of 1790 laid the foundation for U.S. (Understanding, p. 9-10). intellectual property law. It “granted American authors Similarly, Trager, Russomano and Dente-Ross the right to print, re-print, or publish their work for a (2006) enumerate the six exclusive rights recognized in period of 14 years and renew for another 14” U.S.