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Chapter 17-18

CRI 200 Chapter Notes - Chapter 17-18: Copyleft, Western Law, Open-Source Software

Creative Industries
Course Code
CRI 200
Jeremy Shtern

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READINGS Week #12 - Murray and Trosow chapters 17 & 18
CHAPTER 17 - Copyright Counterparts
all law is a formalization of certain rules that often parallel - but sometimes diverge from -
moral and ethical codes that underpin human conduct
the legitimacy of the law depends on people generally feeling that it lines up with what
they think is right and doesn't impose itself too visibly on their ordinary transactions and
copyright at its very core has its drawbacks - it doesn't always perform well when it
comes to policy objectives such as freedom of expression, broad participation, and
as a monopoly mechanism, copyright tends to limit access and constrain use
copyright provides an incentive for some kinds of creativity and dissemination
the most weightiest and most established alternative systems to copyright: Indigenous
cultural property protocols and citation economies
a well-developed alternative way of hacking copyright law, or adapting it to alternate
values and working practices: open source or "copyleft"
public funding: in allowing measures of value other than the market, is an alternative
mode of promoting creativity and knowledge production, and one with a strong Canadian
promoting policy objectives = "incentivization and regulation of creative production"
Indigenous Cultural Property
older technologies such as storytelling and traditional medicine also pose a challenge to
intellectual property law
Indigenous people around the world have begun to coordinate their efforts to resist
appropriation of their cultural knowledge and to assert other modes of governing its
circulation - they've been pushing their case at local, national, and international levels
some motivation is economic:
Indigenous cultural knowledge has commodity value & may be one basis for
sorely needed economic development in First Nations communities
Indigenous groups have difficulty effectively protecting these kinds of value through the
copyright and patent systems, because these systems place traditional knowledge (TK)
in the public domain, where it may be harvested by outsiders for financial gain or artistic
glory - so they are finding ways of making their own laws and practices
they hold the moral rights above all as to not damage the honour or reputation of the
to indigenous people - it's "author = tradition-bearer" not originator - they are entrusted to
transmit the art to the people
Indigenous ownership is based on ideas of custodianship, community, and responsibility
an uncomfortable parallel that needs to be addressed: settlers can stake claims on First
Nations cultural material that Western law claims for all Canadians
Citation Economies
find more resources at oneclass.com
find more resources at oneclass.com
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