Tuesday, November 29, 2011

11.3.11 - Response to Lessig

Lessig: Remix: Making Art and Commerce Thrive in the Hybrid Economy

My senior year at Miami I took a business ethics capstone course. We were assigned a large project based on the issues of intellectual property, copyrights, trademarks, etc. We had to make a handbook guiding how our company would implement measures to protect our company's intellectual property. I learned a great deal about the legal issues with copyright, but it made sense. At the time I was planning to go to law school.

Fast forward to teaching for 3 years. Everything I created while teaching disregarded intellectual property. I shared it all for free, uploading it to lesson plan exchange portals online. I did this knowing it would benefit students, even if they weren't mine. Students were my top priority, not retaining rights to a lesson or activity I'd spent awhile creating and honing based on student reactions. Every now and then throughout teaching I stopped to think about the irony of being so stringent with intellectual property issues and how teaching disregarded that. As such I found Remix to be fascinating. It mixed both aspects: the legality and the learning issues.

The law truly limits the benefits that come from RW culture. I'd never thought of it until Lessig mentioned it, but why is there such a discrepancy between using text and using media in RW culture? Lessig's use of his friend Ben introduced this well. I think nothing of quoting from a text as long as I give credit. It makes me think of my distance education videos. I thought nothing of quoting from Universal Principles of Design as long as I cited what I used. When it came to using images or music in them, I was paranoid. Even when I found something that was clearly marked with a Creative Commons license, I was wary. But a fundamental component of our education system deals with creating and applying. Think about Bloom's Taxonomy (There's a link in my 10.27.11 post). If a student can create something, she demonstrates that she understands a concept. The same goes for being able to apply a concept discussed in class to something else. However, she can only legally create using something that isn't her own with text. Other forms of media are an entirely different picture. It makes no sense!

To me this is a matter of certain industries inability to adapt. They thought they were in control and failed to account for changes in media distribution and consumption. Think about Lessig's example of the 2007 Academy Awards. He wanted to watch two of his friends win their Oscars, but because he was in Germany was unable to. He tried every legal way imaginable to do that. He looked at the Academy Awards website. It didn't provide any access to watching the ceremony. iTunes didn't have it, even though Lessig was willing to pay to watch it. Enter the scandalously illegal YouTube streaming. It offered the awards ceremony, allowing Lessig to watch his friends receive their rewards (45). When there isn't a legal avenue that gives access to media you want, you'll turn to illegal ones. I see that as an industry failure. Something needs to change. Lessig has it right when he says, "My sense is that digital technology will enable market support for a much wider range of 'free' content than anyone expects now...and digital technologies will continue to resist models that depend upon the heavy policing by its owners to protect against 'unauthorized use'" (47).

A final note: It should come as no surprise that I'm not the biggest fan of Henry Jenkins' work. I mentioned in an earlier post that I was unimpressed with his long-winded writing style. It proved tedious to read. The exasperation that came from his writing style took away from valuable points he was making. Lessig's use of Jenkins throughout Remix demonstrated that Jenkins has some excellent points to make. For me, at least, those got lost when reading Jenkins firsthand.

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