Content by Cory Doctorow (first e reader txt) 📕

it’s possible to exclude those who don’t wish to pay. Every song released can be downloaded gratis from a peer-to-peer network (and will shortly get easier to download, as hard-drive price/performance curves take us to a place where all the music ever recorded will fit on a disposable pocket-drive that you can just walk over to a friend’s place and copy).

But have no fear: the Internet makes it possible for recording artists to reach a wider audience than ever dreamt of before. Your potential fans may be spread in a thin, even coat over the world, in a configuration that could never be cost-effective to reach with traditional marketing. But the Internet’s ability to lower the costs for artists to reach their audiences and for audiences to find artists suddenly renders possible more variety in music than ever before.

Those artists can use the Internet to bring people back to the live performances that characterized the heyday of Vaudeville. Use your recordings — which you can’t control — to drive admissions to your performances, which you can control. It’s a model that’s worked great for jam bands like the Grateful Dead and Phish. It’s also a model that won’t work for many of today’s artists; 70 years of evolutionary pressure has selected for artists who are more virtuoso than charismatic, artists optimized for recording-based income instead of performance-based income. “How dare you tell us that we are to be trained monkeys, capering on a stage for your amusement? We’re not charismatics, we’re white-collar workers. We commune with our muses behind closed doors and deliver up our work product when it’s done, through plastic, laser-etched discs. You have no right to demand that we convert to a live-performance economy.”

Technology giveth and technology taketh away. As bands on MySpace — who can fill houses and sell hundreds of thousands of discs without a record deal, by connecting individually with fans — have shown, there’s a new market aborning on the Internet for music, one with fewer gatekeepers to creativity than ever before.

That’s the purpose of copyright, after all: to decentralize who gets to make art. Before copyright, we had patronage: you could make art if the Pope or the king liked the sound of it. That produced some damned pretty ceilings and frescos, but it wasn’t until control of art was given over to the market — by giving publishers a monopoly over the works they printed, starting with the Statute of Anne in 1710 — that we saw the explosion of creativity that investment-based art could create. Industrialists weren’t great arbiters of who could and couldn’t make art, but they were better than the Pope.

The Internet is enabling a further decentralization in who gets to make art, and like each of the technological shifts in cultural production, it’s good for some artists and bad for others. The important question is: will it let more people participate in cultural production? Will it further decentralize decision-making for artists?

And for SF writers and fans, the further question is, “Will it be any good to our chosen medium?” Like I said, science fiction is the only literature people care enough about to steal on the Internet. It’s the only literature that regularly shows up, scanned and run through optical character recognition software and lovingly hand-edited on darknet newsgroups, Russian websites, IRC channels and elsewhere (yes, there’s also a brisk trade in comics and technical books, but I’m talking about prose fiction here — though this is clearly a sign of hope for our friends in tech publishing and funnybooks).

Some writers are using the Internet’s affinity for SF to great effect. I’ve released every one of my novels under Creative Commons licenses that encourage fans to share them freely and widely — even, in some cases, to remix them and to make new editions of them for use in the developing world. My first novel, Down and Out in the Magic Kingdom, is in its sixth printing from Tor, and has been downloaded more than 650,000 times from my website, and an untold number of times from others’ websites.

I’ve discovered what many authors have also discovered: releasing electronic texts of books drives sales of the print editions. An SF writer’s biggest problem is obscurity, not piracy. Of all the people who chose not to spend their discretionary time and cash on our works today, the great bulk of them did so because they didn’t know they existed, not because someone handed them a free e-book version.

But what kind of artist thrives on the Internet? Those who can establish a personal relationship with their readers — something science fiction has been doing for as long as pros have been hanging out in the con suite instead of the green room. These conversational artists come from all fields, and they combine the best aspects of charisma and virtuosity with charm — the ability to conduct their online selves as part of a friendly salon that establishes a non-substitutable relationship with their audiences. You might find a film, a game, and a book to be equally useful diversions on a slow afternoon, but if the novel’s author is a pal of yours, that’s the one you’ll pick. It’s a competitive advantage that can’t be beat.

See Neil Gaiman’s blog, where he manages the trick of carrying on a conversation with millions. Or Charlie Stross’s Usenet posts. Scalzi’s blogs. J. Michael Straczynski’s presence on Usenet — while in production on Babylon 5, no less — breeding an army of rabid fans ready to fax-bomb recalcitrant TV execs into submission and syndication. See also the MySpace bands selling a million units of their CDs by adding each buyer to their “friends lists.” Watch Eric Flint manage the Baen Bar, and Warren Ellis’s good-natured growling on his sites, lists, and so forth.

Not all artists have in them to conduct an online salon with their audiences. Not all Vaudevillians had it in them to transition to radio. Technology giveth and technology taketh away. SF writers are supposed to be soaked in the future, ready to come to grips with it. The future is conversational: when there’s more good stuff that you know about that’s one click away or closer than you will ever click on, it’s not enough to know that some book is good. The least substitutable good in the Internet era is the personal relationship.

Conversation, not content, is king. If you were stranded on a desert island and you opted to bring your records instead of your friends, we’d call you a sociopath. Science fiction writers who can insert themselves into their readers’ conversations will be set for life.

$$$$

How Copyright Broke

(Originally published in Locus Magazine, September, 2006)

The theory is that if the Internet can’t be controlled, then copyright is dead. The thing is, the Internet is a machine for copying things cheaply, quickly, and with as little control as possible, while copyright is the right to control who gets to make copies, so these two abstractions seem destined for a fatal collision, right?

Wrong.

The idea that copyright confers the exclusive right to control copying, performance, adaptation, and general use of a creative work is a polite fiction that has been mostly harmless throughout its brief history, but which has been laid bare by the Internet, and the disjoint is showing.

Theoretically, if I sell you a copy of one of my novels, I’m conferring upon you a property interest in a lump of atoms — the pages of the book — as well as a license to make some reasonable use of the ethereal ideas embedded upon the page, the copyrighted work.

Copyright started with a dispute between Scottish and English publishers, and the first copyright law, 1709’s Statute of Anne, conferred the exclusive right to publish new editions of a book on the copyright holder. It was a fair competition statute, and it was silent on the rights that the copyright holder had in respect of his customers: the readers. Publishers got a legal tool to fight their competitors, a legal tool that made a distinction between the corpus — a physical book — and the spirit — the novel writ on its pages. But this legal nicety was not “customer-facing.” As far as a reader was concerned, once she bought a book, she got the same rights to it as she got to any other physical object, like a potato or a shovel. Of course, the reader couldn’t print a new edition, but this had as much to do with the realities of technology as it did with the law. Printing presses were rare and expensive: telling a 17th-century reader that he wasn’t allowed to print a new edition of a book you sold him was about as meaningful as telling him he wasn’t allowed to have it laser-etched on the surface of the moon. Publishing books wasn’t something readers did.

Indeed, until the photocopier came along, it was practically impossible for a member of the audience to infringe copyright in a way that would rise to legal notice. Copyright was like a tank-mine, designed only to go off when a publisher or record company or radio station rolled over it. We civilians couldn’t infringe copyright (many thanks to Jamie Boyle for this useful analogy).

It wasn’t the same for commercial users of copyrighted works. For the most part, a radio station that played a record was expected to secure permission to do so (though this permission usually comes in the form of a government-sanctioned blanket license that cuts through all the expense of negotiating in favor of a single monthly payment that covers all radio play). If you shot a movie, you were expected to get permission for the music you put in it. Critically, there are many uses that commercial users never paid for. Most workplaces don’t pay for the music their employees enjoy while they work. An ad agency that produces a demo reel of recent commercials to use as part of a creative briefing to a designer doesn’t pay for this extremely commercial use. A film company whose set-designer clips and copies from magazines and movies to produce a “mood book” never secures permission nor offers compensation for these uses.

Theoretically, the contours of what you may and may not do without permission are covered under a legal doctrine called “fair use,” which sets out the factors a judge can use to weigh the question of whether an infringement should be punished. While fair use is a vital part of the way that works get made and used, it’s very rare for an unauthorized use to get adjudicated on this basis.

No, the realpolitik of unauthorized use is that users are not required to secure permission for uses that the rights holder will never discover. If you put some magazine clippings in your mood book, the magazine publisher will never find out you did so. If you stick a Dilbert cartoon on your office-door, Scott Adams will never know about it.

So while technically the law has allowed rights holders to infinitely discriminate among the offerings they want to make — Special discounts on this book, which may only be read on Wednesdays! This film half-price, if you agree only to show it to people whose names start with D! — practicality has dictated that licenses could only be offered on enforceable terms.

When it comes to retail customers for information goods — readers, listeners, watchers — this whole license abstraction falls flat. No one wants to believe that the book he’s brought home is only partly his, and subject to the terms of a license set out on the flyleaf. You’d be a flaming jackass if you showed up at a con and insisted that your book may not be read aloud, nor photocopied in part and marked up for a writers’ workshop, nor made the subject of a