The Lottery Model, The Free Culture Model, The Click Control Model

Q: What happens when you put a lawyer, an economist, a business executive, a government bureaucrat and an artist into a locked room?  A: The business executive assaults the economists, the lawyer sues the executive, the bureaucrat falls asleep, and the artist writes a song about it.  This is the copyright debate.

Over the last couple of years, and as a background task, I have tried to make sense of the copyright / copy restriction debate.  Is more or less copy restriction better or worse for rightsholders?

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Copyright v. Culture

Updated on October 6, 2009 by Michael Tiemann

In the case of the written word, I can quote a few words from the latest best-seller and know that I am legally protected by the doctrine of fair use. In the case of digital media, the US 6th Circuit Court of Appeals ruled that no such fair use exists at all when it comes to sampling. In the case of the written word, it is possible to quote and rearrange concepts as a form of criticism, satire, parody, or public discourse, but the record industry claims there is no such right when it involves quoting from their music catalogs. In the case of the written word, it is possible to draw inspiration (and characters) from multiple sources and to bring those characters together in a new context to reveal new truths (or at least discussions) about the human condition, but when this is attempted with musical materials (such as Danger Mouse’s The Gray Album), the music industry demands no less than total destruction of all such works.

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