1 00:00:00,087 --> 00:00:03,756 [source of the video] 2 00:00:08,746 --> 00:00:11,495 OK, that's here our introduction to an argument I want to make here today 3 00:00:11,926 --> 00:00:17,260 And the argument invokes an idea that my friend and colleague Jamie Boyle 4 00:00:17,402 --> 00:00:19,695 has been speaking of for more than a decade. 5 00:00:20,565 --> 00:00:25,851 So this Idea is that we recognize first that creativity happens within an ecology. 6 00:00:27,612 --> 00:00:32,010 An ecology, an environment that sets the conditions of exchange. 7 00:00:33,848 --> 00:00:38,248 And number 2 these ecologies are importantly different. 8 00:00:39,548 --> 00:00:42,577 There are different ecologies of creativity. 9 00:00:43,707 --> 00:00:47,384 Some of these ecologies have money at the core 10 00:00:49,238 --> 00:00:52,880 Others don't have money at the core. 11 00:00:53,934 --> 00:00:58,568 And some have money and practices that don't depend upon money 12 00:00:58,622 --> 00:01:03,134 right at the core. They are different ecologies of creativity. 13 00:01:04,388 --> 00:01:07,098 So think about the professional ecologies of creativity, 14 00:01:07,275 --> 00:01:12,301 ecologies that the Beatles or Dylan or John Philip Souza created for. 15 00:01:12,745 --> 00:01:18,279 For these ecologies the control of the creativity is imposrtant 16 00:01:18,372 --> 00:01:22,562 to assure the necessary compensation that the artist needs 17 00:01:22,639 --> 00:01:25,548 to create the incentives for that artist to create. 18 00:01:25,704 --> 00:01:30,144 In these professional ecologies, these ecologies depend upon 19 00:01:30,313 --> 00:01:33,510 an effective and efficient system of copyright. 20 00:01:35,084 --> 00:01:38,747 But in what we could call an amateur ecology of creativity 21 00:01:38,939 --> 00:01:43,583 by which I don't mean amateurish, In stead I mean an ecology 22 00:01:43,713 --> 00:01:47,563 where the creator creates for the love of the creativity 23 00:01:47,739 --> 00:01:51,908 and not for the money. In that kind of ecology, 24 00:01:52,066 --> 00:01:57,270 an ecology that lives within what we could call, following Yochai Benkler, 25 00:01:57,424 --> 00:02:03,071 the sharing economy. That's the economy that children live within 26 00:02:03,202 --> 00:02:06,931 or friends live within, or lovers live within 27 00:02:07,039 --> 00:02:10,343 in those kinds of economies, for these - 28 00:02:10,480 --> 00:02:13,930 people don't use money to express value 29 00:02:14,120 --> 00:02:18,492 and to set the terms of their exchange. 30 00:02:18,715 --> 00:02:23,445 Indeed, if you introduced money into those sharing economies, 31 00:02:23,575 --> 00:02:27,864 you would radically change the character of those economies. 32 00:02:28,041 --> 00:02:32,439 So imagine friends, inviting the other for lunch the following week 33 00:02:32,663 --> 00:02:35,016 and the answer is "Sure, how about for 50 bucks?" 34 00:02:36,716 --> 00:02:40,333 Or imagine dropping money right in the middle of this kind of relationship 35 00:02:40,477 --> 00:02:43,917 we radically transform it into something very different. 36 00:02:44,278 --> 00:02:49,541 The point is to recognize how creativity in many contexts, 37 00:02:49,692 --> 00:02:52,681 in the context Souza was romanticizing, 38 00:02:52,911 --> 00:02:56,711 is a creativity that exists outside of an economy of cash. 39 00:02:57,512 --> 00:03:02,729 In this sense, this amateur ecology depends not upon control 40 00:03:02,943 --> 00:03:08,272 and copyright, but instead depends upon this opportunity for free use and sharing. 41 00:03:09,418 --> 00:03:13,687 And then finally, think about the scientific ecology 42 00:03:13,756 --> 00:03:18,442 of creativity, of the scientist, or the educator, or the scholar. 43 00:03:18,594 --> 00:03:21,389 There's a very interesting picture here, this 16th century scholar 44 00:03:21,466 --> 00:03:24,819 notice the kind of guilty look on his face. And look down 45 00:03:25,002 --> 00:03:29,243 and see exactly what he's doing: he's copying from that book. 46 00:03:29,353 --> 00:03:32,834 He's just a pirate from long ago this scholar here, right? 47 00:03:32,917 --> 00:03:37,529 because of course, scholarship is and has always been this activity 48 00:03:37,650 --> 00:03:42,223 of creating within a mixed economy of free and paid 49 00:03:43,154 --> 00:03:46,591 A creator here has a love for his or her creativity, 50 00:03:46,714 --> 00:03:50,172 a love that exceeds how much she or he is paid. 51 00:03:50,772 --> 00:03:57,982 But it's that economy that defines the mixed ecology of scientific knowledge 52 00:03:58,205 --> 00:04:02,190 This ecology depends not upon exclusive control, 53 00:04:02,400 --> 00:04:07,111 but both on free and fair use of creative work that is built upon 54 00:04:07,257 --> 00:04:12,367 and then spread. Now, the key here is to recognize that these ecologies 55 00:04:13,394 --> 00:04:18,176 coexist. They complement each other. 56 00:04:19,591 --> 00:04:25,311 And here is the critical point: a copyright system must support 57 00:04:25,442 --> 00:04:31,859 each of these separate ecologies. It's not enough for it to support one 58 00:04:31,961 --> 00:04:36,295 and destroy the others. It must support each of them, it must 59 00:04:36,358 --> 00:04:39,326 support the professional ecology of creativity, 60 00:04:39,432 --> 00:04:41,719 through adequate and efficient incentives. 61 00:04:42,528 --> 00:04:47,866 But it must also support the amateur and scientific ecologies of creativity 62 00:04:48,003 --> 00:04:50,473 through essential freedoms that they depend upon. 63 00:04:50,574 --> 00:04:55,327 Or again, more graphically, copyright needs to do two things, not just one. 64 00:04:56,725 --> 00:05:00,029 It needs to provide the incentives that the professionals 65 00:05:00,113 --> 00:05:08,310 need by protecting the freedoms that the amateur and scientific creations need.