WEBVTT 00:00:00.087 --> 00:00:03.756 [source of the video] 00:00:08.746 --> 00:00:11.495 OK, that's here our introduction to an argument I want to make here today 00:00:11.926 --> 00:00:17.260 And the argument invokes an idea that my friend and colleague Jamie Boyle 00:00:17.402 --> 00:00:19.695 has been speaking of for more than a decade. 00:00:20.565 --> 00:00:25.851 So this Idea is that we recognize first that creativity happens within an ecology. 00:00:27.612 --> 00:00:32.010 An ecology, an environment that sets the conditions of exchange. 00:00:33.848 --> 00:00:38.248 And number 2 these ecologies are importantly different. 00:00:39.548 --> 00:00:42.577 There are different ecologies of creativity. 00:00:43.707 --> 00:00:47.384 Some of these ecologies have money at the core 00:00:49.238 --> 00:00:52.880 Others don't have money at the core. 00:00:53.934 --> 00:00:58.568 And some have money and practices that don't depend upon money 00:00:58.622 --> 00:01:03.134 right at the core. They are different ecologies of creativity. 00:01:04.388 --> 00:01:07.098 So think about the professional ecologies of creativity, 00:01:07.275 --> 00:01:12.301 ecologies that the Beatles or Dylan or John Philip Souza created for. 00:01:12.745 --> 00:01:18.279 For these ecologies the control of the creativity is imposrtant 00:01:18.372 --> 00:01:22.562 to assure the necessary compensation that the artist needs 00:01:22.639 --> 00:01:25.548 to create the incentives for that artist to create. 00:01:25.704 --> 00:01:30.144 In these professional ecologies, these ecologies depend upon 00:01:30.313 --> 00:01:33.510 an effective and efficient system of copyright. 00:01:35.084 --> 00:01:38.747 But in what we could call an amateur ecology of creativity 00:01:38.939 --> 00:01:43.583 by which I don't mean amateurish, In stead I mean an ecology 00:01:43.713 --> 00:01:47.563 where the creator creates for the love of the creativity 00:01:47.739 --> 00:01:51.908 and not for the money. In that kind of ecology, 00:01:52.066 --> 00:01:57.270 an ecology that lives within what we could call, following Yochai Benkler, 00:01:57.424 --> 00:02:03.071 the sharing economy. That's the economy that children live within 00:02:03.202 --> 00:02:06.931 or friends live within, or lovers live within 00:02:07.039 --> 00:02:10.343 in those kinds of economies, for these - 00:02:10.480 --> 00:02:13.930 people don't use money to express value 00:02:14.120 --> 00:02:18.492 and to set the terms of their exchange. 00:02:18.715 --> 00:02:23.445 Indeed, if you introduced money into those sharing economies, 00:02:23.575 --> 00:02:27.864 you would radically change the character of those economies. 00:02:28.041 --> 00:02:32.439 So imagine friends, inviting the other for lunch the following week 00:02:32.663 --> 00:02:35.016 and the answer is "Sure, how about for 50 bucks?" 00:02:36.716 --> 00:02:40.333 Or imagine dropping money right in the middle of this kind of relationship 00:02:40.477 --> 00:02:43.917 we radically transform it into something very different. 00:02:44.278 --> 00:02:49.541 The point is to recognize how creativity in many contexts, 00:02:49.692 --> 00:02:52.681 in the context Souza was romanticizing, 00:02:52.911 --> 00:02:56.711 is a creativity that exists outside of an economy of cash. 00:02:57.512 --> 00:03:02.729 In this sense, this amateur ecology depends not upon control 00:03:02.943 --> 00:03:08.272 and copyright, but instead depends upon this opportunity for free use and sharing. 00:03:09.418 --> 00:03:13.687 And then finally, think about the scientific ecology 00:03:13.756 --> 00:03:18.442 of creativity, of the scientist, or the educator, or the scholar. 00:03:18.594 --> 00:03:21.389 There's a very interesting picture here, this 16th century scholar 00:03:21.466 --> 00:03:24.819 notice the kind of guilty look on his face. And look down 00:03:25.002 --> 00:03:29.243 and see exactly what he's doing: he's copying from that book. 00:03:29.353 --> 00:03:32.834 He's just a pirate from long ago this scholar here, right? 00:03:32.917 --> 00:03:37.529 because of course, scholarship is and has always been this activity 00:03:37.650 --> 00:03:42.223 of creating within a mixed economy of free and paid 00:03:43.154 --> 00:03:46.591 A creator here has a love for his or her creativity, 00:03:46.714 --> 00:03:50.172 a love that exceeds how much she or he is paid. 00:03:50.772 --> 00:03:57.982 But it's that economy that defines the mixed ecology of scientific knowledge 00:03:58.205 --> 00:04:02.190 This ecology depends not upon exclusive control, 00:04:02.400 --> 00:04:07.111 but both on free and fair use of creative work that is built upon 00:04:07.257 --> 00:04:12.367 and then spread. Now, the key here is to recognize that these ecologies 00:04:13.394 --> 00:04:18.176 coexist. They complement each other. 00:04:19.591 --> 00:04:25.311 And here is the critical point: a copyright system must support 00:04:25.442 --> 00:04:31.859 each of these separate ecologies. It's not enough for it to support one 00:04:31.961 --> 00:04:36.295 and destroy the others. It must support each of them, it must 00:04:36.358 --> 00:04:39.326 support the professional ecology of creativity, 00:04:39.432 --> 00:04:41.719 through adequate and efficient incentives. 00:04:42.528 --> 00:04:47.866 But it must also support the amateur and scientific ecologies of creativity 00:04:48.003 --> 00:04:50.473 through essential freedoms that they depend upon. 00:04:50.574 --> 00:04:55.327 Or again, more graphically, copyright needs to do two things, not just one. 00:04:56.725 --> 00:05:00.029 It needs to provide the incentives that the professionals 00:05:00.113 --> 00:05:08.310 need by protecting the freedoms that the amateur and scientific creations need.