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Mídia Móvel – Mobile Media

Smiting your fans with bad mojo

The widespread pirating of famous comic strips is instructive for those of us involved in media access. Artists can be restrictive or open and this has a big impact on the perception of their art.

Who hasn’t seen a decal like this?

calvin pee

Image: Bill Watterson’s persecution of his fans has done little to prevent improper usage and has done much to dilute the brand.

It wouldn’t be so bad, but Bill has prevented any merchandising of his work and the result has been that this is the only kind of image we see. Bill Watterson has tried unsuccessfully to protect his images. So the primary visual available is a knock-off image used for automobile decals.

On the other side of the spectrum is Garfield creator, Jim Davis. When he discovered that his strips were being modified and republished he took it as a public relations opportunity. He said something nice about the comics (see below) and let it go at that.

garfield minus garfield 20080530

Source: Garfield Minus Garfield – May 30, 2008

Garfield Minus Garfield is just what it says, a comic developed by someone who has erased Garfield and his speech bubbles from Garfield comics. This may just sound like another example of Internet lunacy, but I think it is significant for the way in which Jim Davis reacted. (HT: Mashable)

Another important example is The Far Side and its creator, Gary Larson. Based on a brief survey of the Internet it looks like Gary spends a lot of time and money hunting down copyright infringers and asking them to remove his images. See one of the many examples of Gary Larson serving cease and desist orders on Internet copyright infringers.

When I look at the Google Image results for “Far Side god at his computer” I’m struck (or should I say “smitten”) by the wide range of (mostly poor) quality of the reproduced images. It’s also interesting to note that the first five images are all from Blogspot blogs.

See my own contribution to the discussion: smite-a-potamus.

Mark Hopkins at Mashable has been comparing how musicians like Prince and Radiohead have reacted differently to their fans’ attempts to get creative with their music.

When you get overseas and start looking at development efforts, things get really fuzzy:

  • Copyright is an alien concept. Sharing is a culturally reinforced value.
  • Many of the publications that NGO’s work with have a tangle of copyright and “not-for-sale” restrictions attached.
  • In the case of recordings and folk literature there has been a backlash against exploitation of nationals by NGO’s.

I’m in favor of artists being proactive in sharing their work. It’s far better to be an authoritative source for your own work than just to spend your time chasing down unauthorized duplications and treating fans as criminals. Look at this interesting case on my Lingamish blog. Another blogger complained when I hotlinked to a New Yorker cartoon that he had illegally duplicated on his blog, calling it “very bad mojo.” That’s doubly ironic in my book. But more than that, his jumping on me created far more bad mojo than it prevented. (I’m a Christian so I forgave and forgot, no problem! ;-) )

There’s a lot to think about on this topic and no easy options. But the gray area between “All Rights Reserved” and “Public Domain” is where most of us increasingly spend our time and effort.

Junho 3, 2008 - Publicado por David Ker | Creative Commons, copyright, development, media | | 4 Comentários

4 Comentários »

  1. David, the between area you describe can be less grey and more colourful, IF the creator of the intellectual property wishes. Just use a Creative Commons licence, that way others know exactly what you choose to allow:

    free use :: or must attribute it to you
    use freely :: but not commercially
    use but don’t change :: make whatever mashup you like

    There’s a fair range of options there that are clear, legal, and more flexible than straight copyright. And note that they allow creators to “make a buck” from their work, just choose “no commercial use” and anyone wanting to make calendars with your hippos will have to negotiate royalties with you…

    Comentário por tim bulkeley | Junho 3, 2008 | Responder

  2. Creative Commons works very well for new media, meaning things that we’re just producing. But I find a lot of obstacles to using this for legacy publications. To give you an example, we produce many, many publications with translated and adapted from Footsteps development magazine. All that stuff has a “may not be sold” restriction as well as copyright. Most of our clipart is tied up this way. Every Bible and tract that I know of has copyright and “may not be sold” types of restrictions. And I think the result is similar to what I’ve outlined here for comics. Either fans and interested people use the stuff anyway, or they steal it and feel guilty, but still use it anyway.

    And don’t even get me started on linguists and their precious (but never quite ready to share) data…

    Comentário por David Ker | Junho 4, 2008 | Responder

  3. If I understood right the “may not be sold” restriction merely means that the object may not be sold, it does not further restrict copyright. Therefore if one wished to allow copying (as long as the copies were not sold) a CC “no commercial use” licence would cover it…

    Comentário por asiabible | Junho 4, 2008 | Responder

  4. I’m not in favor of “may not be sold” restrictions because 1. people are going to reproduce them and sell them anyway so it is a meaningless restriction, and 2. it tends to limit the effectiveness of a publication by creating a single authorized outlet. This is true for most media today, the biggest prize to be sought is not monetary profit but influence.

    I know you’ve done a lot of writing and thinking on this subject of profitability of free media and so I’d love to hear more of your ideas on the topic.

    Comentário por David Ker | Junho 5, 2008 | Responder


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