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Cultural Commons (Intellectual Property) PDF Print
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Tuesday, 27 September 2005
If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possess the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lites his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement, or exclusive appropriation. Inventions then cannot, in nature, be a subject of property

VI WRITINGS OF THOMAS JEFFERSON, 1790-1826, at 180-81 (H.A. Washington ed., 1854) (letter to Isaac McPherson, August 13, 1813) (quoted in Graham v. John Deere Co., 383 U.S. 1, 8-9 n.2 (1966)).

"If I have seen further, it is by standing on the shoulders of giants"

Sir Isaac Newton, cited in The Oxford Dictionary of Quotations.

We can imagine (and probably historically document) a time when the expectations of global fame and great riches were not a primary goal of musicians. Somehow, though, there were people who for some mysterious reason still decided to spend time making music. There may be a few of those crazy folk still doing it today.






It may be that music existed at a time prior to it's capability to create mythical godlike superstars because of how it makes us feel. The Muse bestowes on us an experience that can not be packaged.  There is no price that can be put on that kind of experience nor or is there a value that can be placed on the power that music has to effect the listener.

The MTV myth has been a manipulation of artists by the entertainment industry intended to encourage us to give up our creative freedom (and often the rights to our work) in exchange for the promise of riches and fame. It would appear that the industry is trying to maintain the illusion that they are the gatekeepers to creative success. The truth is that the more artists spend their time trying to write a "hit", the less time they spend trying to write something that is innovative, true, or meaningful. These concepts are not always mutually exclusive, but a quick look at the Billboard "top 40" gives us a sense of how often they coincide.

Artists have always learned from other artists. This learning could be technique, expression, chops, phrases, method, philosophy, etc... Often it is through the performance of someone else's music. No artist has evolved in a vacuum.

The works of our forbearers has provided an inestimable wealth of resources from which we can derive our own ideas. There was a time when the practise of performing someone else's work was seen and experienced as an expression of inspiration and respect. Today that practice is considered theft.

If legal systems that provide a virtual monopoly in perpetuity on creative works for the benefit of media conglomerates continue in the direction they are heading, creative evolution on a cultural scale will either halt or be circumscribed only by those corporations that are able to pay the legal costs of trading in intellectual property.

If we as artists do not wish to grow old in a barren or anemic creative landscape, we would do well to contribute to the cultural commons. Our children and grandchildren have an opportunity to learn and be inspired by those of the current generations just as we have been inspired by those who have come before us.


Further Reading:

Brief Description of the issues

Piracy in the entertainment industry

Intellectual Property

Creative Commons

Another Artists perspective

Last Updated ( Saturday, 07 January 2006 )
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