Plagiarism and Culture Theft

topic posted Tue, September 27, 2005 - 9:48 AM by  RHD
As a starting point, here is the section of our manifesto having to deal with the recycling of artworks and the sticky permission issues that often come with it. We'd love to know people's thoughts/critiques.
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The project of recombinant cultural production asserts the necessity of hybrids, the impossibility of inventing anything completely new. Works of culture always borrow from, build off of, and make reference to past works, whether they like it or not. Originality is a myth that belongs with the epic works of 19th romanticism. Leave it there. You cannot create something from nothing. One needs raw materials. The process of creation requires appropriation.

Luckily for the recombinant artist, the output of the global culture industry is vast. There is an endless and ever-growing supply of raw materials for conversion. In an age of waste, overproduction, and disposable goods, there is plenty of need to recycle, too. The only question is what one can borrow from whom, and when.

At the moment, these standards of use are largely determined by a culture industry whose goals begin and end with profit, as well as a court system which supports the profitability of that industry. These entities want to control access to certain parts of the spectacle (artworks, recordings, performances) by setting up a mandatory commercial barrier between the artist and the public, turning the appreciater into the consumer.

In order to assure their profit, the culture industry works to monopolize the field of cultural production. When the captains of the culture industry (or their surrogates such as the RIAA and Metallica, or Casey Kasem and U2 vs. Negativland) berate us for using peer-to-peer networks for downloading music, they implicitly infer that a blow to the major labels is a blow to culture itself. “After all,” they say, “if musicians can’t make a living off of their music [though major label contracts, of course], how will they be able to keep playing?” Of course, artists all over the world manage to keep producing work without the aid of giant culture corporations. The real meaning of the question is “how would the culture industry survive if the public no longer accepted the idea that art is principally something to be bought?”

The culture industry would not survive!

The culture industry should not survive!

This is not to say that Recombinant Human Dragon discourages any financial transaction related to art. We understand that many people want to make a living as artists – a decision to be encouraged! We object to the culture industry not for the culture it produces (even though corporate culture is often reprehensible) but for its implicit assertion that art is a commodity first. Thus, we simply and unoriginally advocate that your entertainment dollars be given to artists who are struggling to produce their own work on human terms, rather than celebrities who are struggling to make it clear to their chauffer that they simply cannot be late for the Pepsi photo-shoot.

More importantly, we suggest that art, music, and other forms of culture are not a privilege that should be available only to those who can afford them. They are a necessary part of human life. Culture ensnared in the system of private property means that some people will always be left starving for culture. The ability to copy, reproduce, redistribute and share cultural items provides access to culture for a broader audience, who may or may not otherwise have the means to buy it. One of the goals of the Human Dragon is to develop a discussion of, and ethic of, culture that is available for everyone, call it what you will: affordable culture, public culture, collective culture, communal culture, free culture, open culture.

We don’t believe in author-ity. We recognize that once a work of culture is “finished” being designed and executed, once it is displayed or sold in public, that the artist can no longer control who uses it, or how. Reading a text is already re-writing it. Using a technology is already (potentially) re-designing it. The relation between artist and audience, designer and user, in a word, producer and consumer, is upset. We need to rethink the idea of an active (creative) creator and a passive (receptive) user/consumer.

It should be added it is not “disrespectful” to an artist to take a copy of his or her work and reinterpret it, reuse it, remix it, recontextualize it, or recombine it. Once you put a work of art out there, it has become part of the enormous cultural library that we all draw on. It is naïve to think you can control how your work is appropriated. What’s more, it is egoist. Any artist who’s not interested in sharing their art with others, and in seeing how others (re)interpret it, (re)use it, (re)display it, etc. is a narcissist.

Nor is it necessarily a problem to copy a work—or translate it into another language, for example—to achieve wider distribution. This not only provides culture for more people, often free or at a lower cost (as in the case of pirate CDs and DVDs sold on the street), but also ensures a wider audience and more exposure for the artist. Independent artists need not fear that culture pirates will drive them out of a living. Independent, grassroots, de-commodified culture fosters an emotional connection – a sense of responsibility and community - between artist and audience. The audience will voluntarily support an artist, rather than being coerced into doing so by measures such as copy-protection.

In the world of commodified art, however, this relationship between artist and audience is blocked, mediated, alienated. The culture industry establishes barriers which restrict access to culture and secure profit. The only way to experience a work in this case is through a recognized commercial transaction, through controlled chains of distribution. And the only way to increase circulation of culture is to increase marketing and sales. Free circulation of the “finished” commodity must be avoided at all costs. Such a mindset is obviously devoted to profitability, not to art.

In conclusion, STEAL THIS TEXT.
posted by:
RHD
offline RHD
New York City
  • Re: Plagiarism and Culture Theft

    Fri, September 30, 2005 - 4:15 PM
    Roland Barthes, the French literary scholar, contended that once a writer's text crosses the line between private manuscript and published work, his/her ability to dictate his/her intent is lost. In other words, as soon as something is published it will be read, and the reader is immediately and totally free to interpret the meaning of the work without respect to author's intent. The text assumes a life of its own, conveying a meaning of its own, interpretable on its own merits. Had the writer not created the work, such interpretations would not be possible, but the words themselves have power not necessarily related to anything the author had in mind. The same is true with any communication medium--intent can be twisted beyond recognition, and the communicator has little or no power to stop it, beyond attempting to be as clear as possible. Of course, ambiguity is what gives much of cultural communication its value and aesthetic worth--if an artist's intent is clear beyond misinterpretation, is the work even a work of art?

    Thus, when Bobby McFerrin released "Don't Worry, Be Happy," his horror at the appropriation of the phrase by Reaganite Republicans might have been justified, but there wasn't a darned thing he could do about it. After Darwin published his treatise on natural selection, he could reasonably argue that "Social Darwinism" was a distortion of his theories (and in fact based upon an extrapolated assertion he never actually made), but he could not get the shit back in the goose--"survival of the fittest" may not have been a phrase which ever passed his lips, but his work contributed to its propagation as surely as a pebble thrown into a glassy smooth pond contributes to the propagation of waves.

    The political/cultural winds are constantly being shifted based on the media phenomenon known as "the echo chamber," which is similar to "telephone game," where a message is transmitted from one person to another and another in turn, until at the end of the train the meaning may have been distorted into something totally unrelated or even diametrically opposed to the original intent. In the case of the press and electronic media, the simple fact that the story is repeated (even if the message is in no way changed), and the choice, by a larger or smaller number of media outlets, to repeat certain things and not others can have a significant effect on "The Conversation," as does the audience's choice which idea to attend and which to ignore.

    Theoretically, dissemination (and sale or purchase) of art works works in a similar fashion--if there's avaiable fuel, the fire will spread--if the wind blows, Burbank may burn down--if it doesn't, the fire may go out and the news cameras will all move to Bangor, Maine to cover the Lobster Festival.

    If we continue down this metaphorical path, the "culture industry" is analogous to an arson ring, attempting to control and direct the actions of a force of nature toward a particular result. And like arson, regardless of your skills as a "torch," the act can produce unintended consequences. Tons of money (accelerant) can be poured into a complete flop, or a random spark from a hubcap hitting a curb in Akron could barbecue the entire Eastern Seaboard.

    Art is like that, despite the "best intentions" of those who would prefer to remove all risk from their investment activities. Statistical analysis can affect the odds, and the tendencies of Hollywood, Nashville, New York and LA to reverberate whatever trend is hottest for as long as money is to be made DOES tend to homogenize thought (and make it more difficult for new ideas to break through) but new thought, whether recombinant or "original," can no more be stifled than it can be artificially manufactured. Art has a life of its own, beyond any industry's designs, any artist's intentions, or any culture's fickleness or stubbornness.

    We like what we know, right up until we know something different that we like better, and that's just on an individual basis. Now multiply by 6 billion. There's no such thing as a mirror-smooth cultural pool upon which to cast a stone--you're always casting it into a raging river, or at least a babbling brook. The current will take the waves whichever way it chooses, and none among us can predict that outcome. They don't make math equations that big.

    There are no original works and there are no rip-offs. When a singer sings a song into a microphone, millions of copies can be made (all of which will sound essentially the same) but the same singer can never exactly replicate that performance--it happens once, and that's it. You can haul amplifiers, speaker stacks, lights, guitars and drums to the same cornfield, even feature some of the same bands playing the same tunes--you can even call it by the same name, but you can't re-create Woodstock. Woodstock happened once, was an experience shared only by those who attended, and despite the ripples it made, you can't bottle it--you were either there or you weren't. No two snowflakes will ever be alike--your high school class of '83, big as it was, is the only group that will ever know what graduating in '83 from your high school was like, and it'll never happen again.

    Culture works in patterns, but the patterns never replicate themselves exactly--it's a constant metamorphosis, a continuum beyond predictability, and no amount of human control, including the fining or jailing of people who illegally distribute intellectual property for profit, can stop ideas, recordings, images, or text from propagating new waves, generating new ideas, and changing the tenor of the human Conversation.

    It's chaos, with an annoying tendency toward identifiable patterns that makes us all, as creators, wish we could capture a thought and amplify it so loudly that everyone in the world would stop and listen for a second. I think that drives most people who create--the vague idea that we might say something that catches fire and changes people--permanently, we hope.

    But it's pretty windy out there, and shit keeps banging into other shit, heavy trucks keep rolling by and obliterating our pianissimo German augmented 6th string quartet voicings, and grotesque, prurient images keep bumping our subtle still life photographs from the screen. Just when you thought all news networks would cover Lacy Peterson and only Lacy Peterson for the next decade, a big wave swept away half of Sri Lanka and Indonesia, killing so many thousands in the space of a few short hours that it literally took our breath away. Today it's Bill Bennett making a crack about aborting all black babies (and "lowering the crime rate"), tomorrow 2 Live Crew will be sued for plagiarising Roy Orbison (or was that yesterday?...it's all so confusing).

    So we keep tinkering, using the tools at our disposal, trying to make a ripple or a splash or at least piss into Niagra Falls, trying to let somebody, anybody, or hell, at least "gawd," aware that the particular space we occupy with our own individual recombinant lump of protoplasm had some significance, breathed air, loved something, and maybe scratched some sort of mark into the trunk of that burr oak next to the big rock over by the stop sign with the bullet holes left by that hillbilly who's always hanging out at the bus station around suppertime.

    In 4 billion years, the Earth will be a ball of ice (or incinerated, however that works) and all traces of human existence from Michelangelo to Einstein to the lump of snot Billy Stevens left under desk 3C in Miss Halloway's class in 1963 will be obliterated forever from existence, without the slightest trace.

    I think by then our petty squabbles over "intellectual property" will seem pretty fucking stupid.

    There's nothing to lose--dream, create, re-combine, originate, hope, live, make love, drink beer, and sit on the front stoop listening to Mahler or 50 Cent or Lithuanian language records 'til dawn, and savor the rush of oxygen that happens when you breathe in.

    • RHD
      RHD
      offline 8

      Re: Plagiarism and Culture Theft

      Sun, October 2, 2005 - 8:40 AM
      First of all, your entire post is pretty fucking awesome. More specifically:

      "If we continue down this metaphorical path, the "culture industry" is analogous to an arson ring, attempting to control and direct the actions of a force of nature toward a particular result. And like arson, regardless of your skills as a "torch," the act can produce unintended consequences."

      A very tight analogy, and it's interesting to note that money is not only the accelerant here, it's also the culture industry's intended result.

      "In 4 billion years, the Earth will be a ball of ice (or incinerated, however that works)...I think by then our petty squabbles over "intellectual property" will seem pretty fucking stupid."

      While I agree with this in principle, I find myself more concerned with the public's role in culture in the here and now. I'm concerned that the culture industy's attempts to control - commodify - the blaze in ways that ensure profitability for them not only limits the possibilites of art, but also disengage the public from art in a way that perpetuates unjust cultural, political, and economic dynamics.

      I realize that bringing in this kind of language may raise a few eyebrows, but I think we're sort of forced into this discussion by the conflation of art and commerce imposed by the culture industry - the commodification of all cultural interactions.

      Of course, what we're dealing with here is culture, where (at least in my opinion) the commodity system is most blatently artifical, due exactly to the kind of uncontrolable processes you describe. But forcing the dynamics of consumerism onto cultural production servest to reify capitalism in politics and economics as well.
      • Re: Plagiarism and Culture Theft

        Sun, October 2, 2005 - 2:22 PM
        "While I agree with this in principle, I find myself more concerned with the public's role in culture in the here and now. I'm concerned that the culture industy's attempts to control - commodify - the blaze in ways that ensure profitability for them not only limits the possibilites of art, but also disengage the public from art in a way that perpetuates unjust cultural, political, and economic dynamics."

        --Tell me!! It also slows things down--the news cycle may have shrunk from 24 hours to 24 minutes, but the industry-approved culture cycle is slowing down to almost a halt. The world keeps changing, and we hear constant references to the "fast-paced" state of things, but it's in the interests of the top-down media industry to grind our culture to a virtual halt, in order to avoid moving targets--if they can get us all to stand still, it's easier to "target market."

        And yeah, less and less people own more and more, racial stereotypes are perpetuated and burned in by the Artificial Culture Industry (ACI), the political cuture is all about hyperbole and hatred (while secretly just feeding all the gravy upward and starving the rest of us, who don't really exist as anything but "marginal costs of doing business") and power concentrates into fewer and fewer hands.

        We're more electronically connected than ever before, but flesh-and-blood connections are rapidly declining. For art to thrive we have to see and touch each other more, unless we want all art to correspond to a flat screen and a set of speaker cones.

        There is an entire generation of listeners who (without even realizing it) have rarely, if ever, actually HEARD a musical instrument--the only instrument they've ever actually heard is a speaker. "Unplugged" isn't really unplugged, it just means the guitars have a tone holes and hollow bodies instead of being solid pieces of wood. They're still amplified, and the actually sound we hear is the sound of a speaker moving air. Dynamics are controlled with a knob--musicians don't even get to control how loudly they play, that's become somebody else's job. Balance is rapidly evaporating as a musical consideration--you just pound the shit out of your ax, and some other dude makes all the levels smoothly mesh.

        People think they're conniseurs of "audio quality," but that's all based on the current state of electronic reproduction--and no matter how good that gets, a recording of a string quartet will never sound like a string quartet. Most people today wouldn't recognize real musical artistry if it bit them in the ass--in fact it's likely they would consider it inaudible because it's not blaring out of a set of personal earbuds at about 100 dB. There's a great deal of hearing damage being done to individuals today, and it's likely that as the current generation ages, it will be so desensitized that the music will have to get even more smeary and compressed just to be heard. In fact, a lot of current music "fans" may well be close to deaf before they reach 50.

        ...yet another disconnect--the iPod. Yippee. Every human can now march to his own personal (perfectly uniform and homogenized) soundtrack.

        Still, there's hope.

        Podcasting is a fairly cool thing, at least until the ACI figures out a way of de-democratizing that. It's possible to disseminate music (at least in its recorded form) worldwide without going through the gatekeepers. Getting a large number of people to listen isn't easy, but it never really was--at least now it's POSSIBLE, and that wasn't the case even 10 years ago.

        You can show your art portfolio to the whole world (if you can get anybody to click on it) and you can write to the whole world (like I'm doing now, ostensibly) without a publisher.

        In fact, we're having this conversation, and we're able to discover (through this conduit) that we have many of the same thoughts and concerns about the state of the arts.

        That's a good thing, I think. The media "hype culture" may be demoralizing, but it's nice to find out I'm not alone in thinking that. Over time, with a little effort, discussion, and organization into...well..."tribes," it's now possible to circumlocute the approved channels and reach each other directly.

        Maybe we're just learning how to do that effectively, and yeah, it's not solving the problems of the world just yet, but at least it's POSSIBLE to communicate in ways that were impossible a few short years ago. So I'm trying to be optimistic (difficult as that is with the Limbaughs of the world blasting away at 50,000 watts like freakin' Radio Free Europe).

        They haven't killed NPR, at least not yet, and Air America Radio keeps picking up new affiliates--if you have an internet connection you can stream it. If you visit Air America Place, you can even listen to a huge library of archived shows (like NPR as well). I can listen to a wide variety of music I could never have found before, and financially reward the artists directly when I choose to do so. And when I have a live gig in front of live humans, I have a cheap and at least marginally effective way of letting people know about that through the internet, without spending a ton of money.

        So it's not all bad news. I hope there's more good news as we go, and that eventually more people will choose to venture beyond the media-mandated mono-choice universe, and open to new experiences.

        Starting this tribe was a good first step. So we keep the conversation going, and perhaps folks can suggest ways to improve the situation as we go.

        Thanks for getting the ball rolling.
        • RHD
          RHD
          offline 8

          Re: Plagiarism and Culture Theft

          Mon, October 3, 2005 - 9:52 AM
          I sympathize with the schizophrenic attitude toward media technologies. Simultaneously, they seem to encourage the wholesale commodification of culture as well as make it possible to broadcast a wider range of ideas to more people for less money (like we're doing here).

          While the rules of intellectual property technically still apply on the internet, they're much easier to bypass. When one channel of unauthorized content is shut down, another springs up. (Napster goes down, Limewire shoots up, for example) The significance of this fact can be easily guaged by the culture industry's level of panic over the free exchange of information - "culture theft".

          This issue ties in, I think, to your point about the loss of tangible cultural connections - the live performance, the collaboration, etc. - in favor of the iTunes store (hard to say where Tribe fits in here). While I applaud the development of file-sharing as a tactic in the struggle to short circuit the culture industry (I'd like to hear more about your term, ACI. What do you mean by artificial?), I don't see it as an end in itself. Rather my intended end - my utopian vision, if you will - is the reemergence of substantive communities of artists and fans who supporte eachother voluntarily, rather than having economic roles assigned by an intermediary like a record company. They openly and honestly borrow from and influence eachother's work, rather than paying for sampling rights. They share their music broadly without submitting to corrupt pay-to-play schemes on commercial radio. As you rightfully pointed out, technology will now allow for this.

          I don't think it's too bold to suggest that the culture industry is obsolete.

          BMR
    • RHD
      RHD
      offline 8

      more on Barthes

      Sun, October 2, 2005 - 8:59 AM
      Thanks for the reference to Roland Barthes, as well as the examples of Bobby McFerrin and Charles Darwin -- ON POINT!! Now we are getting somewhere. The argument that Barthes makes about written texts, that the writer and the reader are not so different, is important not only because it changes our outlook on reading and writing, but also because it might be applied to all sorts of other things as well:

      Text: reader and writer
      Sound: player and listener
      Technologies: designer and user
      Stage: actor and audience
      Etc.
      => CULTURE IN GENERAL: PRODUCER AND CONSUMER

      In other words, if Barthes' claim about readers and writers is taken more broadly, it might lead us into rethinking our trust in expert producers of culture and their monopoly on the ability to produce "good" works. So we arrive at a more democratic conception of culture, as something which everyone actively participates in, both as producer and consumer. This is also a more "anthropological" conception of culture, meaning that culture is something that everyone takes part in, something that everyone has a stake in, something that comes automatically with being human. Culture is too important to be roped off and left to the experts.
      • RHD
        RHD
        offline 8

        Re: more on Barthes

        Sun, October 2, 2005 - 10:20 AM
        A NOTE OF CLARIFICATION:

        RHD, as an entity on Tribe is really two people, The Earl of Bandwidth and Beastmaster Romance. Thus, the first response to victor's post was the work of BMR and the second was EOB. We'll be more clear about who's writing in the future.

        Thanks,
        BMR
        • Re: more on Barthes

          Mon, October 17, 2005 - 8:57 AM
          so,
          there can be no theft becuase intellection sharing is inherent in all things outside the self.

          intellectual theft is impossible because the originator (which does not exist) never loses the item.

          Intellectual rights is soley concerned with control of profit rights.

          so,

          Without commerce retrictions, culture could/would see through this value and arrive at "All intellectual property is both inherently inspired and impossible to own."

          If we can get the corperations to make money off this, they would do our work for us.

          oxoxo
          fucko


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