An open letter to musicians:
Earlier this year Creative Commons formally introduced a license waiver called CC0 (CC Zero). I urge musicians, as strongly as I can, to consider using this license waiver for the audio samples they put into the Commons.
Audio samples licensed with CC0 with a CC0 waiver are the most flexible and least restrictive. Put another way, they carry the most freedom. Isn’t it hard enough to be creative? Isn’t there is enough to worry about at the times we summon the muse and create something that expresses who we truly are, the sum of our individual and collective experiences? If you’ve ever been stopped in the midst of a creative project by non-creative issues then you already know what non-freedom looks like.
James Boyle, in his brilliant book “Public Domain“:
“The vast majority of [the material at the Library of Congress in Washington, D.C.], perhaps as much as 95 percent in the case of books, is commercially unavailable. The process happens comparatively quickly. Estimates suggest that a mere twenty-eight years after publication 85 percent of the works are no longer being commercially produced…Yet because the copyright term is now so long, in many cases extending well over a century, most of twentieth-century culture is still under copyright—copyrighted but unavailable. Much of this, in other words, is lost culture.”
In other words, according to these estimates, if a book was published in 1981, there is an 85% chance that the publisher is no longer interested in making any more copies of the book because they can’t make any money with it. But because the copyright could extend out to 2081, doing anything with that work, artistically or otherwise, even in an “amateur” settings, is a federal crime. That work is lost.
No matter how highly I consider my musical work on my best days, I would like to think there is balance between my personal desires and choking off my great granchildren’s freedoms to speak creatively.
If you, as a musician, feel the need to make a separation between the work aimed at furthering your career from the work you wish to put into the public sphere in order to further our collective culture, then I can understand how you came to that conclusion. Of course, I don’t agree with you because there is plenty of evidence that if a fan or fellow musicians wants to share your work or wants to remix it, they’ve already done it, “legal” or not. There is plenty of evidence that by making your sources available for unfettered re-use and derivation, by making your works available for the widest (free-est) possible sharing and by establishing a relationship of trust with your audience, you are doing your career far more good than by hoarding your work under restrictive, criminalizing and unrealistic protections.
Most of us remember a time when our samples came from the likes of the pre-Sony Sonic Foundry ACID libraries. This would give us access to vast amounts of sound beds to our compositions in exchange for a relatively small fee. The popularity of those libraries sprung from the fact that they required no commercial royalties and no attribution. The library vendor retains ownership of the source material, but the consuming musician owns the resulting, derivative work. This is, rougly, the audio version of “Free Beer: $2.00 each” — once you give us $2.00, you are free to do whatever you want.
The rationale I’ve heard for putting audio samples into the Commons under Attribution-NonCommercial is that it maps a new world order of sharing to this old world business model. A similar rationale is used for putting audio samples into the Commons using an Attribution license with the twist, as I pointed out in my ccMixter memoirs, that many musicians consider attribution, itself, a form of currency. All of this assumes there is a long-term, viable business model (a fancy way of saying “a way to make a few bucks”) by exchanging either money or attribution for copies of audio samples. Somehow, you, sitting in your garage, will find a way to convince people there is value in manufacturing scarcity through restrictions in a post-scarity world.
Even if you are unswayed, in the face of these arguments, that clinging to unrealistic restrictions only damages your career, I still appeal to your sense of the Bigger Picture. Yes, attribution is an important part of building an old world resume and certainly, critical when real money is being distributed through a royalty system. But the stakes are very high and the larger cost, to the currency we call freedoms of expression, seem overly steep compared to the potential, and I claim often misguided, short-term wishful hopes of one person.
ABOUT CC0: http://creativecommons.org/about/cc0
CC0 FAQ: http://wiki.creativecommons.org/CC0
CHOOSE CC0: http://creativecommons.org/license/zero