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Authorship and creativity
Lawrence Liang, founder of the Alternative Law Forum, argues that current copyright is based on a too narrow definition of "author", which is assumed to be clear and undisputed. Liang observes that the concept of "the author" is assumed to make universal sense across cultures and across time. Instead, Liang argues that the notion of the author as a unique and transcendent being, possessing originality of spirit, was constructed in Europe after the industrial revolution, in order to distinguish the personality of the author from the expanding realm of mass produced goods. Hence works created by "authors" were deemed original, and merges with the doctrine of property prevalent at the time.
Liang argues that the concept of "author" is tied to the notion of copyright and emerged to define a new social relationship - the way society perceives the ownership of knowledge. The concept of "author" thus naturalised a particular process of knowledge production where the emphasis on individual contribution and individual ownership takes precedence over the concept of "community knowledge". Relying on the concept of the author, copyright is based on the assumption that without an intellectual property rights regime, authors would have no incentive to further create, and that artists cannot produce new works without an economic incentive. Liang challenges this logic, arguing that "many authors who have little hope of ever finding a market for their publications, and whose copyright is, as a result, virtually worthless, have in the past, and even in the present, continued to write." Liang points out that people produce works purely for personal satisfaction, or even for respect and recognition from peers. Liang argues that the 19th Century saw the prolific authorship of literary works in the absence of meaningful copyright that benefited the author. In fact, Liang argues, copyright protection usually benefited the publisher, and rarely the author.
Non-Originality
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Independent filmmaker Jim Jarmusch has made the case that no intellectual creation is truly unique, and that everyone should purposely co-opt the preceding work of others. He has stated:
"Nothing is original. Steal from anything that resonates with inspiration or fuels your imagination. Devour old films, new films, music, books, paintings, photographs, poems, dreams, random conversations, architecture, bridges, street signs, trees, clouds, bodies of water, light and shadows. Select only things to steal from that speak directly to your soul. If you do, your work and theft will be authentic. Authenticity is invaluable, originality is non-existent. And don’t bother concealing your thievery; celebrate it if you feel like it. In any case, always remember what Jean Luc Godard said: It’s not where you take things from, it’s where you take them to."
Robert_Raymond Community Member |
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