Changing Views on Copyright

Apr 28 2007

A lot of the music I listen to is called "jam band" music (ie. Grateful Dead, Allman Brothers Band, etc) and a large part of the jam band scene is letting regular concert-goers record their concerts – free of charge (they still buy a ticket, however). In fact, the Grateful Dead, probably one of the most well known jam bands, even set up an area just for "tapers" as their called, to make recording more easy and accessible.

This type of free recording and exchanging of music helped bands like the Grateful Dead achieve cult status with an enormous following.

What in the heck does this have to do with writing or literature? Good question!

In my most recent issue of "Poets and Writers" Magazine (aff link), there’s an article entitled "Creative Copyrighting". The article details how Jonathan Lethem, a best-selling novelist, is approaching the copyrights of his books and how the exclusive movie adaptation rights to one of his books will be awarded. It won’t be to whatever Hollywood blowhard offers him the most money.

Instead, Lethem has decided to let anyone propose how they would adapt his book You Don’t Love me Yet (aff link) for the big screen.  The person who writes the best  adaptation proposal letter to him will win the exclusive rights for movie adaptation!  He says by doing this he will find someone who is actually excited about his book and turning it into a movie, not a number cruncher just worried about the bottom line.

In return, Lethem only asks for 2% of the films budget (a standard fee). Lethem’s website details what he calls "The Promiscuous Materials Project", where he gives people the chance to adapt his stories and even remix his song lyrics (he’s a very prolific writer) for the cost of $1 (that’s right, one dollar!).

There appears to be a slow shift emerging in the world of copyrights. Traditionally, the large publishing houses, movie studios and record labels seemed to be concerned with such issues so they could maximize profits. But now artists of all genres are taking matters into their own hands and relaxing the the once-strict copyright protections.

Don’t get me wrong, this doesn’t in any way imply that plagarism is going to be okay. Rather, it’s more about the free of exchange of art, ideas, and culture – things that profit should take a back seat to. This idea of free exchange and collaboration are spreading and can be seen with such open-source projects like the Firefox internet browser (currently kicking Microsoft’s ass), the rise of indie bands who shun traditional record labels by posting free music on the internet and even the backlash against the Recording Industry Association of America (RIAA) because of the frivilous lawsuits they filed against individuals accused of copyright infringement.

The movement is now spreading to the world of literature and publishing. Jonathan Lethem appears to be a pioneer in this area and I can only hope that more and more writers follow his lead.

We also have to face the fact that all the large traditional publishing houses are becoming increasingly harder to get a contract with, especially if you’re an emerging writer. Why? It all boils down to the bottom line – money! If you’re not going to make them a bucket load of money, then they probably want nothing to do with you.

This actually works in the favor of the rest of us writers who are not Stephen King or John Grisham because self-publishing is becoming more and more accepted. And when a writer self-publishes his or her own work, they remain in complete control of not only the creative part, but also the copyrights as well. This makes it more about artistic quality than huge profits.

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