Free-culture Movement
   HOME

TheInfoList



OR:

The free-culture movement is a
social movement A social movement is either a loosely or carefully organized effort by a large group of people to achieve a particular goal, typically a Social issue, social or Political movement, political one. This may be to carry out a social change, or to re ...
that promotes the
freedom Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws". In one definition, something is "free" i ...
to distribute and modify the
creative work A creative work is a manifestation of creative effort in the world through a ''creative process'' involving one or more individuals. The term includes fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (li ...
s of others in the form of free content, otherwise known as open content. They encourage creators to create such content by using permissive and share-alike licensing, like that used on Wikipedia. The movement objects to what it considers over-restrictive
copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...
laws. Many members of the movement argue that over-restrictive laws hinder creativity and create a " permission culture", which they worry will shrink the
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
Robert S. Boynton:
The Tyranny of Copyright?
''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
, January 25, 2004
and
fair use Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to bal ...
. They engage in political activism, mostly advocating for specific limits on copyright. The free-culture movement, with its ethos of free exchange of ideas, is aligned with the free and open-source-software movement, as well as other movements and philosophies such as
open access Open access (OA) is a set of principles and a range of practices through which nominally copyrightable publications are delivered to readers free of access charges or other barriers. With open access strictly defined (according to the 2001 de ...
(OA), the remix culture, the
hacker culture The hacker culture is a subculture of individuals who enjoy—often in collective effort—the intellectual challenge of creatively overcoming the limitations of software systems or electronic hardware (mostly digital electronics), ...
, the
access to knowledge movement The Access to Knowledge (A2K) movement is a loose collection of civil society groups, governments, and individuals converging on the idea that access to knowledge should be linked to fundamental principles of justice, Freedom (political), freedom, ...
, the copyleft movement and the
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
movement.


History


Precursors

In the late 1960s, Stewart Brand founded the ''
Whole Earth Catalog The ''Whole Earth Catalog'' (WEC) was an American counterculture magazine and product catalog published by author Stewart Brand several times a year between 1968 and 1972, and occasionally thereafter, until 1998. The magazine featured essays ...
'' and argued that technology could be liberating rather than oppressing.. He coined the slogan "
Information wants to be free "Information wants to be free" is an expression that means either that all people should be able to access information freely, or that information (formulated as an actor) naturally strives to become as freely available among people as possible. ...
" in 1984 to advocate against limiting access to information by governmental control, preventing a public domain of information..


Background of the formation of the free-culture movement

In 1998, the
United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
passed the Sonny Bono Copyright Term Extension Act, which President Clinton signed into law. The legislation extended copyright protections for twenty additional years, resulting in a total guaranteed copyright term of seventy years after a creator's death. The bill was heavily lobbied by music and film corporations like Disney, and dubbed as the
Mickey Mouse Mickey Mouse is an American cartoon character co-created in 1928 by Walt Disney and Ub Iwerks. The longtime icon and mascot of the Walt Disney Company, Mickey is an anthropomorphic mouse who typically wears red shorts, large shoes, and white ...
Protection Act. Lawrence Lessig claims copyright is an obstacle to cultural production, knowledge sharing and technological innovation, and that private interests – as opposed to public good – determine law. He travelled the country in 1998, giving as many as a hundred speeches a year at college campuses, and sparked the movement. It led to the foundation of the first chapter of the Students for Free Culture at
Swarthmore College Swarthmore College ( , ) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Swarthmore, Pennsylvania, United States. Founded in 1864, with its first classes held in 1869, Swarthmore is one of the e ...
. In 1999, Lessig challenged the Bono Act, taking the case to the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. Despite his firm belief in victory, citing the Constitution's plain language about "limited" copyright terms, Lessig only gained two dissenting votes: from Justices Stephen Breyer and
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
.


Foundation of the Creative Commons

In 2001, Lessig initiated Creative Commons, an alternative "some rights reserved" licensing system to the default "all rights reserved" copyright system. Lessig focuses on a
fair A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Fairs showcase a wide range of go ...
balance between the interest of the public to use and participate into released creative works and the need of protection for a creator's work, which still enables a "read-write" remix culture. The term "free culture" was originally used since 2003 during the World Summit on Information SocietyWSIS (2001)
"PCT WORKING GROUP EVENT"
to present the first free license for artistic creation at large, initiated by the Copyleft attitude team in France since 2001 (named free art license). It was then developed in Lawrence Lessig's book '' Free Culture'' in 2004.Quart, Alissa (2009)
"Expensive Gifts"
''Columbia Journalism Review'', 48(2).
In August 2003 the Open Content Project, a 1998 Creative Commons precursor by David A. Wiley, announced the Creative Commons as successor project and Wiley joined as director.


"Definition of Free Cultural Works"

In 2005/2006 within the free-culture movement, Creative Commons was criticized by Erik Möller and Benjamin Mako Hill for lacking minimum standards for freedom. Following this, the " Definition of Free Cultural Works" was created as collaborative work of many, including Erik Möller, Lawrence Lessig, Benjamin Mako Hill and Richard Stallman. In February 2008, several
Creative Commons license A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and bu ...
s were "approved for free cultural works", namely the CC BY and CC BY-SA (later also the CC0). Creative Commons licenses with restrictions on commercial use or derivative works were not approved. In October 2014, the Open Knowledge Foundation described their definition of "open", for open content and open knowledge, as synonymous to the definition of "free" in the "Definition of Free Cultural Works", noting that both are rooted in the Open Source Definition and Free Software Definition. Therefore, the same three creative commons licenses are recommended for open content and free content, CC BY, CC BY-SA, and CC0. The Open Knowledge foundation additionally defined three specialized licenses for data and databases, previously unavailable: the Open Data Commons Public Domain Dedication and License (PDDL), the Open Data Commons Attribution License (ODC-BY) and the Open Data Commons Open Database License (ODbL).


Organizations

The organization commonly associated with free culture is Creative Commons (CC), founded by Lawrence Lessig. CC promotes sharing creative works and diffusing ideas to produce cultural vibrance, scientific progress and business innovation.
QuestionCopyright.org
is another organization whose stated mission is "to highlight the economic, artistic, and social harm caused by distribution monopolies, and to demonstrate how freedom-based distribution is better for artists and audiences." QuestionCopyright may be best known for its association with artist Nina Paley, whose multi-award-winning feature length animation '' Sita Sings The Blues'' has been held up as an extraordinarily successful example of free distribution under the aegis of the "Sita Distribution Project". The web site of the organization has a number of resources, publications, and other references related to various copyright, patent, and trademark issues. The student organization Students for Free Culture is sometimes confusingly called "the Free Culture Movement", but that is not its official name. The organization is a subset of the greater movement. The first chapter was founded in 1998 at Swarthmore College, and by 2008, the organization had 26 chapters. The free-culture movement takes the ideals of the
free and open-source software Free and open-source software (FOSS) is software available under a license that grants users the right to use, modify, and distribute the software modified or not to everyone free of charge. FOSS is an inclusive umbrella term encompassing free ...
movement and extends them from the field of
software Software consists of computer programs that instruct the Execution (computing), execution of a computer. Software also includes design documents and specifications. The history of software is closely tied to the development of digital comput ...
to all
cultural Culture ( ) is a concept that encompasses the social behavior, institutions, and Social norm, norms found in human societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, Attitude (psychology), attitudes ...
and creative works. Early in Creative Commons' life, Richard Stallman (the founder of the Free Software Foundation and the
free software Free software, libre software, libreware sometimes known as freedom-respecting software is computer software distributed open-source license, under terms that allow users to run the software for any purpose as well as to study, change, distribut ...
movement) supported the organization. He withdrew his support due to the introduction of several licenses including the developing nations (retired in 2007) and sampling licenses. Stallman later restored some support when Creative Commons retired those licenses. The free music movement, a subset of the free-culture movement, started out just as the Web rose in popularity with the Free Music Philosophy by Ram Samudrala in early 1994. It was also based on the idea of free software by Richard Stallman and coincided with nascent open art and open information movements (referred to here as collectively as the "free-culture movement"). The Free Music Philosophy used a three-pronged approach to voluntarily encourage the spread of unrestricted copying, based on the fact that copies of recordings and compositions could be made and distributed with complete accuracy and ease via the Internet. The subsequent free music movement was reported on by diverse media outlets including '' Billboard'', ''
Forbes ''Forbes'' () is an American business magazine founded by B. C. Forbes in 1917. It has been owned by the Hong Kong–based investment group Integrated Whale Media Investments since 2014. Its chairman and editor-in-chief is Steve Forbes. The co ...
'', ''Levi's Original Music Magazine'', '' The Free Radical'', '' Wired'' and ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
''. Along with the explosion of the Web driven by open source software and
Linux Linux ( ) is a family of open source Unix-like operating systems based on the Linux kernel, an kernel (operating system), operating system kernel first released on September 17, 1991, by Linus Torvalds. Linux is typically package manager, pac ...
, the rise of P2P and lossy compression, and despite the efforts of the music industry, free music became largely a reality in the early 21st century. Organizations such as the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an American international non-profit digital rights group based in San Francisco, California. It was founded in 1990 to promote Internet civil liberties. It provides funds for legal defense in court, ...
and Creative Commons with free information champions like Lawrence Lessig were devising numerous licenses that offered different flavors of copyright and copyleft. The question was no longer why and how music should be free, but rather how creativity would flourish while musicians developed models to generate revenue in the Internet era.


Reception


Skepticism from Richard Stallman

Initially, Free Software Foundation founder Richard Stallman did not see the importance of free works beyond software. For instance for manuals and books Stallman stated in the 1990s: Similarly, in 1999 Stallman said that he sees "no social imperative for free hardware designs like the imperative for free software". Other authors, such as Joshua Pearce, have argued that there is an ethical imperative for
open-source hardware Open-source hardware (OSH, OSHW) consists of physical artifact (software development), artifacts of technology designed and offered by the open-design movement. Both free and open-source software (FOSS) and open-source hardware are created by th ...
, specifically with respect to open-source-appropriate technology for
sustainable development Sustainable development is an approach to growth and Human development (economics), human development that aims to meet the needs of the present without compromising the ability of future generations to meet their own needs.United Nations General ...
. Later, Stallman changed his position slightly and advocated for free sharing of information in 2009. But, in 2011 Stallman commented on the Megaupload founder's arrest, "I think all works meant for practical uses must be free, but that does not apply to music, since music is meant for appreciation, not for practical use." In a follow-up Stallman differentiated three classes: works of practical use should be free, works representing points of view should be shareable but not changeable and works of art or entertainment should be copyrighted (but only for 10 years). In an essay in 2012 Stallman argued that
video game A video game or computer game is an electronic game that involves interaction with a user interface or input device (such as a joystick, game controller, controller, computer keyboard, keyboard, or motion sensing device) to generate visual fe ...
s as software should be free but not their artwork. In 2015 Stallman advocated for free hardware designs.


Copyright proponents

Vocal criticism against the free-culture movement comes from copyright proponents. Prominent technologist and musician Jaron Lanier discusses this perspective of free culture in his 2010 book '' You Are Not a Gadget''. Lanier's concerns include the depersonalization of crowd-sourced anonymous media (such as Wikipedia) and the economic dignity of middle-class creative artists. Andrew Keen, a critic of Web 2.0, criticizes some of the free culture ideas in his book, '' Cult of the Amateur,'' describing Lessig as an "intellectual property communist".Keen, Andrew (May 16, 2006)
Web 2.0; The second generation of the Internet has arrived. It's worse than you think.
'' The Weekly Standard''
The decline of the news media industry's market share is blamed on free culture but scholars like Clay Shirky claim that the market itself, not free culture, is what is killing the journalism industry. The free art movement is distinct from the free culture movement as the artist retains full copyright for the work. The free art movement is the practice of artists leaving art in public places for the public to remove and keep. The artwork is usually tagged with a notice stating it is free art, and either with the artist's name or left anonymously. The movement was reinvigorated by British street art practitioner My Dog Sighs coining the term "Free Art Fridays". Clues to the location of artworks are sometimes left on
social media Social media are interactive technologies that facilitate the Content creation, creation, information exchange, sharing and news aggregator, aggregation of Content (media), content (such as ideas, interests, and other forms of expression) amongs ...
to combine treasure hunting with art.


See also

* '' 2600: The Hacker Quarterly'' *
Access to knowledge movement The Access to Knowledge (A2K) movement is a loose collection of civil society groups, governments, and individuals converging on the idea that access to knowledge should be linked to fundamental principles of justice, Freedom (political), freedom, ...
* Anti-copyright notice * Commodification * Commons-based peer production * Copyleft * Copyright abolition * Criticism of copyright * Criticism of intellectual property * '' Culture vs. Copyright'' * Cypherpunk * Free content * Free education * Freedom of information *
Free software Free software, libre software, libreware sometimes known as freedom-respecting software is computer software distributed open-source license, under terms that allow users to run the software for any purpose as well as to study, change, distribut ...
*
Information wants to be free "Information wants to be free" is an expression that means either that all people should be able to access information freely, or that information (formulated as an actor) naturally strives to become as freely available among people as possible. ...
*
Internet freedom Internet censorship is the legal censorship, control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific Network domain, internet domains (such as ''Wikipedia.org'', for exam ...
* Open content * Open-design movement * Open educational resources * Open-source architecture * Open-source model * Open-source movement * Patentleft * Pirate Party * Remix culture * Science 2.0 * Sharing economy * '' The Virtual Revolution''


References


External links

; Resources: * Berry, David M. and Giles Moss. 2006
The Politics of the Libre Commons
First Monday. Volume 11 (September) * Pasquinelli, Matteo
"The Ideology of Free Culture and the Grammar of Sabotage"
now in ''Animal Spirits: A Bestiary of the Commons'', Rotterdam: NAi Publishers, 2008. * Videoblog
Free Culture, Free Software, Free Infrastructures! Openness and Freedom in every Layer of the Network
(Interviews with Kloschi ( Freifunk), Kurt Jansson ( Wikimedia), Jürgen Neumann ( Freifunk), Rishab Aiyer Ghosh ( United Nations University), Lawrence Lessig ( Creative Commons) and Allison and Benoit ( Montréal Wireless)) {{DEFAULTSORT:Free Culture Movement Digital rights Free goods and services Intellectual property activism Criticism of intellectual property Social movements