CRESC Working Paper Series Working Paper No. 60 Copyright and the Conditions of Creativity: Social Authorship in Reggae Music and Open Source Software Jason Toynbee CRESC, Open University November 2008 For further information: Centre for Research on Socio-Cultural Change (CRESC) Faculty of Social Sciences, The Open University, Walton Hall, Milton Keynes, MK7 6AA, UK Tel: +44 (0)1908 654458 Fax: +44 (0)1908 654488 Email:
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[email protected] Web: www.cresc.ac.uk CRESC Working Papers Copyright and the Conditions of Creativity: Social Authorship in Reggae Music and Open Source Software Jason Toynbee CRESC, The Open University Abstract Against the orthodoxy that copyright is an aesthetically neutral means of providing an incentive for the production of culture, this paper proposes that intellectual property regimes strongly shape the way culture is made. Three cases are examined. The first is rock music whose emergent Romantic mode of creativity in the 1960s was strongly reinforced by copyright law. The second, countervailing example is that of reggae music in Jamaica where, in the absence of effective copyright, a form of social authorship emerged, albeit a strongly entrepreneurial one. The open source software movement, with its explicit repudiation of copyright, provides the final case. Like reggae music it is socially authored. However reggae’s first-to-market business model and entrepreneurial culture actually make it a better guide to how cultural production might be organised in a market system, but without the economic and cultural costs that attach to copyright. 2 Copyright and the Conditions of Creativity Copyright and the Conditions of Creativity: Social Authorship in Reggae Music and Open Source Software Copyright is usually considered to be an institution that comes into operation after the creative moment.