Everyone has heard of a few occasions when a major publication or
journal has an author or paper accused of plagiarism or copyright
violation. Theoretically, the quote of even a short recognizable
excerpt from another’s work — a three-word characterization, a
one-term neologism, a 100-pixel icon — falls somewhere on the spectrum
of illegality from impolite non-attribution to outright theft.
Book authors have been roasted over this particular fire for a few
sentence-long sentences lifted from one or another source. These
days, three notes is in some court cases enough to identify a bit of
creative work and indemnify someone who reuses it without
permission. In theory, fragments far shorter than a sentence
could be every bit as illegal to reuse without great care.
The open secret of the history of creative work, authorship, and
copyright, is that significant portions of ‘original’ work have always
been copied without attribution, in some sense, from others.
Modern copyright is continually being violated. Early
dictionaries and
encyclopedias and compendia and histories were often quite brazen in
borrowing from previous works with no attribution. Authors of
philosophy, poetry, and even fiction have similar issues; in a field
full of 100-word poems, could borrowing a few two-word phrases, rhyming
schemes, or conceptual conceits possibly go unnoticed? This was
not always an absolute evil. Attribution was not always desired
or even possible in the context of publication. How does one
footnote or attribute one’s style, use of epithets for public figures,
choice of jargon?
And when one has learned material from a few
dozen sources, compiled it in one’s own head, and synthesized it into
something “new”, how can that possibly be entirely separate from the
specific word-choice and thematic structure of what has been
read? A significant % of authorship choices inevitably hearken
back to the choices made by those whose work has been read or watched
or listened to. In practice, people often do less synthesis than might be ‘optimal’ in the legal sense.
If one is writing to pursue a specific end other than the legal enforcement of copyright,
is it not right for others to come and use whole parts of one’s work in
a better way, demonstrate rearrangements and substitutions that yield
the best possible result? This is not at all the same as allowing
anyone to reuse the entirety of one’s work without attribution.
It is different from the kinds of freedoms offered by modern
‘copyleft’. Key elements of the trouble with modern copyright
come from its not being subtle enough; from presuming too much; from
imagining every problem as a nail for its well-used hammer. Some specific thoughts:
- Some very basic form of “financial protection from wanton
copying” should be granted to all authors by default; under any
provisions whatever (100-year, &c).
- Some forms of “protection from world-readability” should be
available on request; with a well-organized database of works so
protected.
- Some forms of “protection from being quoted, or having short
segments reused or repurposed” might be available under restrictions
and time-limits, again on request. This is already an unusual
provision to ask for publicly-distributed work.
- Some forms of “reduced/waived protection for reusers sharing some
larger purpose” — use under ‘a similar license’, use towards a
specific goal (such as education, narrowly-defined).