On Intellectual Property and Music
Posted on Dec 31st, 2006
by
Michael
for Richard Stallman
To paraphrase and adapt the words of Richard Stallman, if I believe I have a beautiful and/or interesting musical idea, I feel a compelling need, if not an almost ethical obligation, to share this idea with others, particularly with those who I believe will gain pleasure from the knowledge of or exposure to my idea. Likewise, I hope the feeling of this "compelling need" is reciprocal, that others who believe they have beautiful and/or interesting musical ideas will share them with me. I am certain that most of us who are musicians and music lovers share the desire for this exchange of musical ideas. Perhaps this feeling, this creative, expressive drive is the force that unites us most as a community.
But, personally, my "compelling need" goes beyond simply the sharing of ideas with others: I also feel the need to permit, if not to encourage, others to build upon my ideas and/or to adapt my ideas for their own purposes, if they deem my ideas so worthy. And, yes, by this I do mean that I not only permit and but also encourage others to perform my works and to modify my works in any way(s) they deem appropriate and necessary for their own purposes.
No doubt, my greater "compelling need" will give some readers pause. But should it?
Musicians have always been inspired by one another's work. In fact, the processes of inspiration, emulation, derivation, etc. are so necessary to music that music would cease to develop and to exist without them. Furthermore, music would never have come into existence at all without referencing something. Hence, music is by its very nature derivative, and, if we ignore this fact---that the very essence of music is the process of evolution, copying, and adaptation---our premeditated ignorance will not make this fact not a fact.
Some readers will suggest that a composer who states, "This song by so-and-so inspired me to write this new song" and a composer who states, "I took so-and-so's song, changed it a little bit, and created this new song" are expressing two entirely different ideas or phenomena. But are these composers' statements substantially different? These statements, at best, seem to express two different points on a spectrum of "originality" or "derivation," if we can believe that being "inspired by" and song is somehow less derivative than "adapting" or "remaking" a song, etc., and the validity of this belief seems rather questionable.
How useful are distinctions between degrees of derivation and originality to us, the musicians and music lovers, anyway, if, in fact, these degrees can even be determined? If we ponder their usefulness for even just a little while, we quickly see that the distinctions don't seem useful at all. In fact, these distinctions only seem to drive a wedge between us, a wedge that keeps us working in isolation, rather than in cooperation, denying us the opportunity to develop each other's ideas clearly and openly and to further the state of the art, a wedge that denies the inevitably dialectical nature of music, and, as a result, chokes what music is at its very core.
So how have we come so far down a road that is so obviously wrong and so contradictory to the very nature of the art we love? And whose interest(s) have this road actually served? As far as I can tell, not the mass of musicians and music lovers.
Let's look again at the two earlier statements by our hypothetical composers:
"This song by so-and-so inspired me to write this new song."
"I took so-and-so's song, changed it a little bit, and created this new song."
No one finds fault with the first statement, and the common view is that the second statement alludes to a composing process that is more "derivative" than the first.
But notice what else is different between these two statements: The first is passive, and the second is active. In the first statement, the composer is acted upon by music. In the second statement, the composer acts upon music. Why is it that the former is commonly considered more acceptable than the latter? Why should the composer wait to be acted upon? Why should he or she wait passively to be "inspired," instead of taking action to engage in the creative act himself or herself? Is it that we still believe in muses? So it seems.
Or is the issue proprietorial? Is the offense that, in the first statement, someone else's music acts upon the composer and, in the second statement, the composer acts upon someone else's music?
But since we know that music is by its very nature created by emulation, derivation, etc., we also know that "someone else's music" is hardly only that some one's music. Music's collective and dialectical nature confounds normative conceptions of individual proprietorship.
And what of the music lovers who are patrons but who don't participate in the creative, composing process? What about the exchanging and sharing of music in which these individuals engage? The fact is, these patrons are engaging in the creative, composing process, as much so as any of us who consider ourselves musicians and/or composers. Furthermore, these patrons are the primary means by which the "compelling need" of those of us who consider ourselves to be musicians and/or composers to share is satisfied. The fact is, we are all one community, and those who attempt to drive a wedge between us, fellow musicians, composers, and patrons, are not doing so to serve our interests or the interests of music, but their own interests.
The problem isn't that musicians and music lovers share ideas and want to continue to share ideas. The problem is that the current model of the creation and distribution of music is at odds with the very nature of music itself. However, we can liberate ourselves from this model. We can do better. We are a creative community, and, as a result, we can find creative ways to make, distribute, and enjoy music that are healthy for our community and the art form we love.

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