Creativity and transformative use

Nicolas Suzor (@nicsuzor)
<[email protected]>
QUT School of Law
ARC Centre of Excellence for
Creative Industries and Innovation (CCI).
CC BY-SA 4.0

A copyright balance

If fair use provides a right for creators to reuse existing expression...

When do artists (publishers) deserve to get paid?

No surprise: artists are not currently well paid.

Throsby & Zednik, Do you really expect to get paid? (2010)

When do artists (publishers) deserve to get paid?

Where should we draw the line?

We do not have consensus.

A caveat...

Many of the following examples are not 'new media'

"It's a study I need, for I want to learn."

Jean-Francois Millet, Noonday Rest, 1866
Vincent Van Gogh, Noon: Rest from Work (after Millet), 1890

How much is too much?

Leonardo Da Vinci, Mona Lisa, ca 1503-6
Marcel Duchamp, LHOOQ, 1919

How much is too much?

Manny Garcia (2006)
Shepard Fairey, Hope (2006)

Sometimes, licensing works...

Gotye, Somebody That I Used to Know, (2011)
Luiz Bonfa, Seville (1967)
(whosampled.com)

Where should we draw the line?

How many iterations should we calculate?

Jay Gumbs, whosampled.com.

How much is too much?

Louisa M Alcott (1868)
Geraldine Brooks (2006)

How much is too much?

Stephenie Meyer
E L James (2011)

How much is too much?

J D Salinger
John David California

One answer is to follow the US approach.

Another is to ask: what is copyright for?

On economic grounds, the derivative works right is a bad bargain. It blocks production of attractive new expression, reduces diversity of creative works, and increases their cost. Eliminating the right, with minor legal modifications to protect copyright’s other entitlements, makes sense, economically. Bambauer, Faulty Math (2008)

When do authors deserve to get paid?

...deserve...

...learning, acting, expression, progress, reward...

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