Note from a reader (see also my post Copyrights and Dancing):
Dear Mr. Kinsella,
I have yet to read your book or the Boldrin and Levine book, but just reading your blog posts [e.g. There are No Good Arguments for Intellectual Property; What's Wrong with Theft?] and the discussions they generate has convinced me of your position. It seems to me that the only question worth considering is Are ideas property? If an IP proponent could give a good answer to this question, we could have a good debate. But the replies to your argument seem desperate and incoherent.
I’m an amateur choreographer so I know that IP is not necessary for creation. Dancers take movement where ever we can find it. The first person to get a copyright on walking would own the dance community and the world, in fact. The first routine I put together used movement from several other performers. If IP were to apply to dance, all dance communities would die the next day.
The dance community is experiencing the wrath of IP regarding music, however. We have had problems with the music that we use. Promoters who videotape our performances are reluctant to sell the DVDs because the artists might sue the promoters if their music is used. YouTube is censoring videos in which it can recognize the music in the background. I find this ridiculous. If I have already paid my $0.99 for your song and created a visual expression of the music, from whence do you get the right to now “own” my expression of your song?
I think that my dance experience instilled in me a skepticism about IP, but still I find your intellectual arguments indisputable.
Yours,
[C.E.]



{ 13 comments }
All hail Kinsella’s indisputable arguments!
Crowd: HAIL!!!
Just from my personal experience, all of the music that I like, all of the bands that I pay to go see, all of the art, dance, classical that I enjoy and support, I have been introduced to for free by so called pirated music and images. If I did not receive this initial infusion on culture I would not support any of these bands or artists. Period. Because I would not know about them, and I would not be willing to spend my money on something that do know know if i would like. All in all, most of the things that I love and support are not copyrighted, and are public domain. ( at least they are all aviliable for free on the internet)
C.E wrote:
If I have already paid my $0.99 for your song and created a visual expression of the music, from whence do you get the right to now “own” my expression of your song?
One of the most powerful arguments I have read on why protection of IP is foolish.
C.E.,
You have never paid $0.99 for full ownership over a song. In fact, upon purchase or sometime prior (think music subscription) you agreed to conditional ownership of that song. In this way, and using the current definition of IP, you do not “own” any of the songs you currently listen to.
Is this complaint covered by Lawrence Lessig’s suggestions of “free culture”? The “chill” effect on artistic creation is certainly scary (BTW, the short story Melancholy Elephants explains the issues vividly.)
But I disagree that “the only question worth considering is Are ideas property?” Surely, several other ideas are equally important: a) Is a dance (or a piece of music) nothing more than an idea (especially once it has been given form)? b) How can I most effectively protect my property (i.e. my artistic product) from theft, and claim authorship?
“#
All hail Kinsella’s indisputable arguments!
Crowd: HAIL!!!”
Sounds like a Hitler/Obama-ian crowd.
Who can claim that of the billions of people on the planet – most who cannot communicate their thoughts with the others because of language barriers – you are the only or the first to pull from the invisible realm ‘your’ thought?
To that person the phrase ‘vain imagining’ can be assigned.
Protecting your vain imagining is interventionism which is a small act of totalitarianism. If you were to gain power would you be just as unethical and because of the greater scale of your actions become a tyrant?
Of course we are not talking about intentionally fraudulent acts which are crimes, pure and simple.
In the upcoming issue (Summer 2009) of the magazine I publish (The Sondheim Review), we just happen to be including a short paragraph concerning copyright law and dance. I offer it for informational purposes only.
The not-yet-final version reads:
The case, which was an “award†by the American Arbitration Association rather than a full-out court-decided suit, is not a published document in a public record. The American Arbitration Association tells [us] that they maintain no archive which could be referenced. However, documents on the matter are in the Library of Congress’ Bob Fosse and Gwen Verdon Collection.
In the upcoming issue (Summer 2009) of the magazine I publish (The Sondheim Review), we just happen to be including a short paragraph concerning copyright law and dance. I offer it for informational purposes only.
The not-yet-final version reads:
The case, which was an “award†by the American Arbitration Association rather than a full-out court-decided suit, is not a published document in a public record. The American Arbitration Association tells [us] that they maintain no archive which could be referenced. However, documents on the matter are in the Library of Congress’ Bob Fosse and Gwen Verdon Collection.
In the upcoming issue (Summer 2009) of the magazine I publish (The Sondheim Review), we just happen to be including a short paragraph concerning copyright law and dance. I offer it for informational purposes only.
The not-yet-final version reads:
The case, which was an “award†by the American Arbitration Association rather than a full-out court-decided suit, is not a published document in a public record. The American Arbitration Association tells [us] that they maintain no archive which could be referenced. However, documents on the matter are in the Library of Congress’ Bob Fosse and Gwen Verdon Collection.
A blog on dance steps and IP and no comment from Silas?!
I may not know enough about dancing but, can it be that dance “steps” are not as easily defined and therefore associated with their creator as to assume plagiarism in most cases?
I’ve heard there’s two main systems of writing down choreography, but I wonder if they are very much practiced…
Apologies for the triple post above. Perhaps an admin can delete two. TIA.
Comments on this entry are closed.