Copyright and Creative Commons
  • Kathy
    Posts: 5,508
    If creative commons builds on existing copyright structures, does it really avoid collusion with the military-industrial complex?

    Sincerely, etc.
  • Jeffrey TuckerJeffrey Tucker
    Posts: 3,624
    CC is a way to avoid the worst aspects of conventional copyright. Many merits to it but a major one is that it allows the creator to maintain some control instead of turning all control over the publishers.
    Thanked by 2Adam Wood CHGiffen
  • Adam WoodAdam Wood
    Posts: 6,477
    As much as the Wright Brothers avoided collusion with the law of gravity, I guess.

    The problem is that copyright law is basically unavoidable. This sentence I am writing now is under copyright protection. And the mish-mash of international law makes saying something like "I disclaim all ownership and place this forum comment in the Public Domain" not entirely effective.

    Hence, the proliferation of Open Source licenses- my preferred one being Creative Commons (there's a lot of them).

    I'm a user of Open Source philosophy, though- not a developer. So I'm not the BEST person to explain these things.

    Try:
    http://freedomdefined.org/
    http://opensource.org/
  • Kathy
    Posts: 5,508
    So it's not that great, it doesn't really solve any problems, it doesn't have a chance of really catching on, and it's pointedly contrarian to deeply-rooted publishing conventions that aren't going to budge anytime soon. True?
  • Kathy
    Posts: 5,508
    At a certain point of futility, wouldn't it be better to just be cooperative?
  • GavinGavin
    Posts: 2,799
    This sentence I am writing now is under copyright protection.
    Thanked by 1Adam Wood
  • Kathy
    Posts: 5,508
    Gavin, I'm pretty sure your protest will not have a huge effect on the bazillion-dollar-a-year publishing industry. Clever, but completely ineffective.
    Thanked by 1Gavin
  • Kathy
    Posts: 5,508
    If you can't beat em, make money.
  • Adam WoodAdam Wood
    Posts: 6,477
    Kathy- that's not really the case at all.

    The fact that old-style publishers continue to exist doesn't have anything to do with whether or not new publishing models are viable, good, superior, preferable for some reason or other, or anything else.

    Apple and Microsoft continue to make tons of money on proprietary operating systems. That doesn't mean that Linux isn't a big, honking, huge deal.

    Apache
    MySQL
    PHP
    JQuery
    WordPress
    Drupal

    Wikipedia
    Project Gutenberg.
    Archive.org
    IMSLP
    CPDL
    CMAA Chant Resources
    Simple English Propers

    .
    .
    .
  • Kathy
    Posts: 5,508
    Church music publishing will behave like programming.

    The more mainstream the distribution model (Luminare, Vat II Hymnal) the more widely used. Pastors and DMs are not ordinarily wonky IT guys. There's no comparison here.
    Thanked by 1Gavin
  • Adam WoodAdam Wood
    Posts: 6,477
    Also- you assume that any of us who promote Open Source have a goal of "bringing down" copyright law or traditional publishing models.

    That's a very central-authority interpretation of a non-central-authority view point.

    For me- I don't give a damn about toppling existing systems. I'm interested in building something new- whether alongside, underneath, or on top of the existing structures.
    Thanked by 1MarkThompson
  • Kathy
    Posts: 5,508
    Of course you're free to do whatever you want. And this particular tilting at windmills would make a lot of sense if it were really new or had any chance of catching on widely, and if it made it possible to include your music in any hymnal outside of the small CMAA circle. But as things are, it seems pretty counterproductive.
  • Adam WoodAdam Wood
    Posts: 6,477
    had any chance of catching on widely,


    Yeah, you're probably right. It'll never last.
  • Kathy
    Posts: 5,508
    Church music will ever be widely sung from any medium except books in the pew rack hymnal holder.
  • Adam WoodAdam Wood
    Posts: 6,477
    The problem with this argument (other than the fact that I like you too much to ignore you) is that it doesn't rest on facts- or even the interpretation of facts. It rests on worldview and philosophy.

    While I do, actually, think that reality is such that Open Source Sacred Music can make a dent in the world (which I'm pretty sure is undeniable) and also that it has the potential to make a bigger impact than proprietary publishing (which is certainly debatable and hypothetical)- that isn't the whole issue, or perhaps even the primary issue. My worldview/philosophy is such that I believe Open Source is a good thing in its own right, and is worth pursuing and expanding.

    So we're kinda talking about different things.

    Besides that- I am definitively NOT against making money, and I think money CAN be made in an Open Source and/or Free License framework. (I know this one guy who runs a business that publishes new work and critical editions of old work, all into the Commons. They seem to be doing well.)
  • Kathy
    Posts: 5,508
    The real question for me is whether the huge amount of good music produced by CMAAers has any chance of really influencing the quality of music in parishes in a widespread way. I think that digging in on this largely unrelatable issue is counterproductive to that end, particularly since it's an unwinnable battle.

    We're not an anti-government organization. We're a Church Music Association.

    If our product were really on the fringes, it wouldn't matter, but we're ready in quality and quality to make a difference, and the market is ready to accept all we have to offer--except our distribution model.
    Thanked by 1Gavin
  • chonakchonak
    Posts: 9,215
    I'm not sure I understand what the problem is. CMAA doesn't impose any distribution model on its members.
    Thanked by 1Adam Wood
  • Kathy
    Posts: 5,508
    There's imposing and imposing.
  • Adam WoodAdam Wood
    Posts: 6,477
    Well- "WE" don't have a distribution model.

    Some entrepreneurial souls have managed to figure out how to sell things, and some of them have managed to do it well.

    If JMO wanted to include my Ascension Hymn in the V2 hymnal, he can do so. That's what my CC license allows. He doesn't even need to ask.

    If Noel wants to include my English version of Hail True Body in the next edition of The Catholic Choir Book, he can do so. He doesn't even need to ask.

    (They both probably would, though- nice guys and all.)

    In fact- if either of them wanted to include anything I wrote, but they felt like it was "not quite right" (like neglecting to mention the Eucharistic Presence in v2) they could simply make the adjustment as they saw fit. Without asking. (I know, I know- as an artist, that's terrifying. I could just as easily use the CC license to specify that no changes can be made, if I was so inclined.)

    That's why I talk about this stuff as "Infrastructure."
    WE as a group are gonna have a hard time commercializing much of anything.
    But some enterprising individual or small cabal might manage to do so (in fact, several have).

    What I would like to see is a shared set of Open tools and and a semi-centralized place to keep things so that it is easier for the enterprising people to assemble, remix, package, and distribute.
    Thanked by 1elaine60
  • Adam WoodAdam Wood
    Posts: 6,477
    In fact- the two projects I mentioned above both rely on a less-developed-than-I-wish form of this infrastructure already: Most of the music in the choirbook came from CPDL and most of the hymns in the V2 came from ICEL's collection of public domain hymns. And SEP relied on CC Licensed psalm tones and Open Source engraving and layout software.

  • Kathy
    Posts: 5,508
    As long as this is our fight, that will be the CMAA story. Not propers, not resources of any kind, but distribution. We're making enemies on an unwinnable matter of principle, and not making friends, because very few people care about the principle. I do, actually, but not as much as I care about this other principle, which is--(drumroll) Sacred Music.

    In the meantime about 350 parishes (out of the thousands in the US) will use the stuff your cabal hosts. That's not nothing but it's not what we could do if we laid down our arms on this other business.
  • Adam WoodAdam Wood
    Posts: 6,477
    I don't disagree with the need for commercialization. I'm just not the person to do it (at this time).

    Commercialization and Open Source are NOT ANTITHETICAL. (Like smoking and chewing gum... one can be used to destroy the other if that's the desire. But they can also be used as complimentary products.)

    I believe that the various things I'm trying to promote vis-a-vis Open Source are pro-commercialization, that they help commercialization.

  • chonakchonak
    Posts: 9,215
    So, Kathy, whaddaya want the CMAA to do? Publish a Seasonal Worship Guide (i.e., a good missalette)?

    By the way, if this is the continuation of some Cafe discussion, do not assume that people here read it. I don't.
  • melofluentmelofluent
    Posts: 4,160
    I'm sorry, but I think the argument is being framed "globally" rather than specifically. I just mentioned in Adam's Ascension Hymn thread how the open source reality can spread locally in virtually a heartbeat. CMAA's association with or not with his "product" and availability is a non-starter. To illustrate the principle of "all politics/economics are local" I'll cite another cyber issue that just happened yesterday. At a baseball park in Fresno they have the now ubiquitous "kiss camera" that during off-moments focuses in on a couple, and when they see themselves on the jumbotron, they're "obligated" to exchange a sweet buss to each other. Well, yesterday the camera kept going to a couple and dude wouldn't get off his cell phone and kiss his gal. Three times. Fourth time, she got up and dumped her 64oz drink all on 'em, all caught on the jumbotron AND YouTube. In one hour after YT post, 10K hits. In two hours, 1 million hits.
    All CMAA has at interest is spreading the word about the art and its delivery. For me, end of story.
  • Kathy
    Posts: 5,508
    Adam, I just think you've been misled by the wide use of open source software into thinking that anything communicable by the interwebs will have similarly positive acceptance. I'm quite sure we're talking about apples and oranges here. I download software and there it is, on my computer, for use by my computer. I the downloader am the self-selecting end-user of the product as-is (unless I want to tweak the code. Is that right, "tweak the code"?) That model has nothing at all to do with producing music to be sung by congregations.

    Chonak, it's the continuation of Adam's Hymn for the Ascension thread right here on the Forum--but it relates to a lot else, so I didn't name the source. I should have, sorry about that.

    What I'd like to see is, if not a warming to the idea, then at least a willingness to compromise with a business model that works extremely effectively for widespread distribution. There are historical reasons why now is the time to do that for the sake of our real cause, which is Sacred Music In Every Parish.
  • chonakchonak
    Posts: 9,215
    People seem to have no problem choosing a distribution model according to the project.

    Adam Bartlett published his Lumen Christi Missal under copyright with all rights reserved, and I presume it's not going to be released on the net in PDF format because it contains content from ICEL, USCCB, etc.
    Thanked by 2melofluent Adam Wood
  • Adam WoodAdam Wood
    Posts: 6,477
    Kathy

    It seems that, no matter how many times I explain my position, you insist on arguing based on a frame of reference that has nothing to do with what I'm talking about.

    For example...

    I draw some parallels between Open Source software and Open Source music. So you talk about software as something which you "download... and there it is, on my computer, for use by my computer," and try to draw comparisons between that end-user experience and the end-user (PIPs) experience of church music. Which totally ignores the entire issue of where Open Source software (and, in my opinion, Open Source music) excels: Infrastructure. Resources for people who make other things. Tools for people who build, develop, and sell (yeah, sell) end-user products.

    (This is a little like arguing that no one should be digging through monasteries to find and research old manuscripts, because what we really need are more performance editions.)

    I talk about the DIFFERENCE between Free pricing and Free licensing, and you argue against Free licensing because you think we should be able to charge money for things.

    I specifically remove commercial restrictions from my work, so that anyone else can re-package and sell it however they want, and you argue that, no- what we really need is for people to start packaging up stuff and selling it.

    Honestly- I don't really know if you're confused about what I'm talking about or if, as a creator of intellectual property yourself, you just have some kind of constitutional aversion to the entire idea of giving away intellectual property.

    I agree with your basic idea that Sacred Music needs to be packaged, commercialized, and marketed. I'm a Libertarian Capitalist, for goodness sakes- not a Hippie. I just don't see any inherent conflict between the idea of Open Source and commercial distribution. More to the point- I think they can benefit each other. More to the point- I think people should do whatever they want or think makes sense. The fact that I think one "business model" is better than another is quite different than attempting to impose one business model on other people. I'm trying to get the word out on my opinions on the mater, and provide tools for people who want to use them. But I'm hardly leading a charge against proprietary information.
  • matthewjmatthewj
    Posts: 2,700
    I have an email from Bartlett in which he said his content in the Lumen Christi Missal is Creative Commons but he couldn't get around the copyrights of others.
  • Kathy
    Posts: 5,508
    Adam,

    Feel free to make fine distinctions if you'd like. It's a field you are interested but I am not. The only thing I'm really talking about is a situation in which a certain prudential compromise should be made for the benefit of sacred music, our core concern.
  • Jeffrey TuckerJeffrey Tucker
    Posts: 3,624
    Kathy, this is already a done deal. CC has been the magic thing that has propelled sacred music from nearly invisible to being nearly ubiquitous in a mere 6 years. Yes, there were other factors too but CC has been absolutely critical, crucial, central, essential. The removal of fear: that changed everything. It's what made the glorious flourishing we've experienced happen. If someone disagrees with this causal link, I'm fine with that too. This issue is LONG over and done. The advances we've made with CC have been a phenom -- and impressed princes of the Church -- and the results are there for anyone to see. And if anyone wants to publish his or stuff in conventional copyright, that's fine too. No need for one solution set for all time.

    And thank you Adam for having patience to explain in greater detail.
    Thanked by 1chonak
  • Adam WoodAdam Wood
    Posts: 6,477
    I still don't understand. I'm not trying to be combative or win rhetorical points or anything- I really don't get what you take issue with.

    Here's how I read the above...

    Me: Everyone should do whatever they want. I want to give my stuff away.
    You: You should compromise.
    Me: Compromise on what?
    You: People shouldn't be required to give their stuff away.
    Me: I didn't say they should.
    You: But you're a Libertarian Anarchist who doesn't believe in Intellectual Property.
    Me: So?
    You: So when you promote giving stuff away, you're really promoting the overthrow of the government, and also insulting my right to not give my stuff away.
    Me: What? No. That's... wow, ok- So I can't give my stuff away? Or I shouldn't give my stuff away? Or I shouldn't promote other people giving their stuff away? Or point out the existing success of other people who have given stuff away, or the success of the stuff?
    You: People should sell their stuff. You don't want me to sell my stuff.
    Me: I agree. In fact, I don't just want you to sell your stuff. You can sell my stuff too if you want. And keep all the money.
    You: But that doesn't make any sense.
    Me: So?
    You: So it would be better for Sacred Music if there was more stuff to sell.
    Me: Right. And anyone can sell my stuff.
    You: But you also want other people to give their stuff away.
    Me: I think it'd be nice. Then other people who are better at selling things could sell it.
    You: You shouldn't tell people what to do. You should compromise.
    Me: I just said people should do whatever they want.
    You: But you also try to change what it is they want. You try to make people want to give things away.
    Me: umm.... I'm confused...


    I'm sorry that this is a little caricatured, but- I figure if you could read through my frame of reference, you'd understand why I'm so confused.

    I just don't know what it is you're suggesting I do differently. Not give my own stuff away? Not suggest that other people who are already giving stuff away find better and more efficient ways of doing so? Not celebrate awesome things that people are giving away for free? Not promote the use of text-based music editing software?

    I mean- I get that you think someone should be more entrepreneurial and everything. I totally agree with you. I love commerce.

    But I'm not very good at it. So I'm not the guy to do it. Several other people (JMO, Bartlett, Noel Jones, Matthew Meloche) are figuring out how to make a viable business model. It's exciting to me to be near that activity. I wish I was as industrious as they are (heck, I got stymied trying to figure out how to get Moleskine-style four-line-staff journals printed so I could sell them online).

    So- my contribution to that activity is to try to help create resources and tools that those people (and others, like budget-minded choir directors and researchers) can use. Is my predilection and (wished-for) skill in these matters influenced by my own personal philosophy or political opinion? Probably- I'm a whole person, so everything is related to everything else. But I've said over and over that you don't have to buy the propaganda in order to use the tools. Heck- you don't even have to release your own work for free in order to use the tools.

    I really just do not understand statements like:
    "We're making enemies on an unwinnable matter of principle"

    Unwinnable suggests I'm fighting, which I'm decidedly not.
    And enemies... well- I have a hard time thinking that giving my stuff away for free is going to hurt anyone's feelings.

    And then there's:
    "What I'd like to see is, if not a warming to the idea, then at least a willingness to compromise with a business model that works extremely effectively for widespread distribution."

    Compromise? Anyone with any sort of business model is free to use my stuff however they see fit. I've more than compromised, I'm working towards giving them everything I have to give.

    If you think someone should do a better job selling things- then start a company and sell things. Create products for CMAA to sell. Sell my stuff. (Please- I would LOVE IT if you sold my stuff.)
  • Jeffrey TuckerJeffrey Tucker
    Posts: 3,624
    Yes, I too am curious about these enemies that the CMAA is making by open sourcing chant.
    Thanked by 1Adam Wood
  • melofluentmelofluent
    Posts: 4,160
    The way this has unraveled, I (not the brightest bulb in the box) have no idea what was being argued halfway up the elevator.
    I'm starting to wonder if the forum is starting to suffer what most listserve forums eventually wrestle with, factionalism and polemics replacing good content and good help. This would be very bad for CMAA, as not all of us here pay CMAA dues but we are more than happy and willing to share the wealth. But if it appears that we can't get along reasonably with each other that will damage our mission and credibility. It already seems that many voices, not just the contradictory voices, but many former valuable contributors, never appear in print here nowadays. As my Fall 11 issue of Sacred Music still has yet to arrive and I won't be able to colloquia this June, this forum is my CMAA touchstone. But, perhaps what I contribute here is partly responsible for an underlying sense of disunity. And I'll fall on the sword if someone says, "Yes, you need to take a hiatus." But seriously, I am very confused about what's going on herein.
    Thanked by 2Adam Wood CHGiffen
  • Kathy
    Posts: 5,508
    Nothing is unraveling. It's just a disagreement, and not about what has happened in the past, but what ought to happen in the present and the future.
  • melofluentmelofluent
    Posts: 4,160
    Which is....?
    (Remember, I'm not the brightest...)
  • Kathy
    Posts: 5,508
    Which is widespread distribution. Market share. Saturation.
  • melofluentmelofluent
    Posts: 4,160
    Okay, fair enough. I'm many times on the record advocating "collusion" with the LitIndustrial Complex should CMAA or any other inflluential voice(es) get their attention and provide a business model that benefits all. That would be my so-called "Boutique Hymnal/Missal" that AW's open sourcing model would enable.
    Do you have another model, Kathy, that also colludes or that CMAA (and...?) could eventuate, in your words, with widespread distribution? Honest question, no agenda, no kidding. What can you foresee based upon a reconciliation of copyright and CC issues you raised in the first post?
  • melofluentmelofluent
    Posts: 4,160
    While I await your reply I'll mention I just reminded our pastor and parish administrator that the time is nigh to make the call about abandoning the pulp subscription at the mother parish. This is a real issue for me. I've also been in personal communication with Adam Bartlett about what would need to happen if I could "sell" LC as the default Missal which parishioners would accept as a one time financial obligation to provide themselves, and the parish would secure the necessary licensing for ordos that are comprehensive to our demographics. So, for me, this is no theoretical, pie in the sky, issue. This is our future. Reference also JTs post at Cafe about copyrights and licensing reprint/video reproduction of scripture on overheads.
    Thanked by 2Kathy CHGiffen
  • elaine60elaine60
    Posts: 85
    If it had not been for Adam Bartlett, Wood and others I never would have seen music for the propers. I am very grateful. and it has inspired and help me be able to fit it to my needs of our parish using OCP as the spoken propers are the ones listed.
    and Kathy what type of widespread distribution could you see happening, etc.
  • Kathy
    Posts: 5,508
    I apologize, because I realize I'm speaking in vague terms and that is causing confusion. I hope I haven't caused hard feelings because that's not my intention at all, and I do not mean to dismiss the gains that have been made because sacred music has been freely available. Jeffrey Tucker is to be congratulated for that, and I'm thinking particularly of the Solesmes books, although his contributions in this matter are too many to count.

    I'm just saying that if in the (conceivably near) future there comes a choice between a) a huge increase in sacred music's market share and b) holding onto the anti-copyright plank in the platform, we choose market share.

    Especially considering that the viable alternative for new works (CC) only somewhat resolves the ideological problems with copyright.

  • chonakchonak
    Posts: 9,215
    But do we have an anti-copyright plank in the platform?

    I've only heard CMAA's policy described once, by JT speaking at a Colloquium business meeting some years ago, and it sounded like simply the generous choice to issue CMAA publications with a CC license whenever possible.

    That does not need to imply an intellectual position against copyright or against intellectual property.

    I hope CMAA hasn't taken an intellectual position against copyright because:
    (a) such a position would be unnecessary to CMAA's mission [as Kathy rightly argues];
    (b) such a position would seem to conflict with the Church's explicit claim of a "right of ownership" -- at least a moral right -- to control the publication of her own liturgical books, e.g., in Liturgiam authenticam, para. 111.

  • Adam WoodAdam Wood
    Posts: 6,477
    The whole notion that "THE CMAA" is advocating one thing or another also strikes me as something odd.

    I personally give all my stuff away. Kathy gives some of her stuff away but not all. Charles Giffen works for (runs?) CPDL, which gives other people's stuff away.

    Who is speaking for CMAA?
    Certainly not I.

    I have a particular opinion about copyright law. So?

    I have an opinion about optimal congregational seating patterns (antiphonal), an opinion about the use of projection screens in liturgy (favorable, with caveats), an opinion about the best font to use in worship aides (Garamond), an opinion about German organ music (dislike), an opinion about the "Big Three" LitMus publishers (Jerry's the Man!), an opinion about the Vatican 2 Hymnal (weird cover art), an opinion about...

    On my OWN PERSONAL BLOG, and here at the forum as JUST ANOTHER CIVILIAN- I have discussed my opinion on the matter. Isn't that what most of us do?

    And even though I'm pretty sure Tucker and myself have very similar opinions about copyright law, I know for a fact that my recent addition to the Cafe's posting roster is most definitely NOT an endorsement by him or anyone else of the bulk of my opinions about things. (Not by a long shot...) And, even within the confines of the stuff I feel is appropriate for me to post about at the Cafe, I speak only for myself- not "THE CMAA" or even "THE MOVEMENT."

    Now- yes- I have taken the subversive step of setting up a GitHub account on behalf of CMAA. But GitHub use (if it ever gets any) doesn't require any particular assent to any particular licensing model. I have some of my own stuff reserved as "proprietary" on GitHub. (In progress works, btw. I don't like to give things away until they are more or less done.) GitHub is simply a tool for collaboration and sharing which I think is useful. Some people around here are already collaborating and sharing- I'd like to provide them (and others) a way to do so more easily. That's about as partisan as suggesting that Google Drive might be a neat way to store your files online.

    I just don't get it.

    I get you arguing with me, or JT, or whoever about our opinions. We all do that- it's fun (usually) to discuss and debate and explore where we disagree on things. If you want to talk about why I have some particular opinion (about copyright or anything else), I'm happy to do so. If you think that antiphonal seating is dumb, that projection screens are always tacky, that Garamond is unbalanced, that German organ music is better than English organ music, that the cover art for the Vatican II Hymnal is the finest on the market... great.

    But that doesn't seem (to me) what's going on. It seems (to me) that you are suggesting that CMAA has endorsed some particular policy or ideology that you think is unhelpful, and so you need to convince us to abandon it (or compromise on it, or whatever).

    I (unwittingly) played into that at first, by explaining how (my own opinions about) Open Source (etc.) are actually completely in support of the model you espouse, that there is no conflict between what you are seeking and how I choose to go about doing things. I still think that this is completely true. But now I realize it's beside the point.

    There is no CMAA opinion or policy that needs to be compromised, altered, or discussed. I don't speak for the CMAA. You are as much the CMAA as I am (actually, you are way more so). This whole line of discussion is as relevant as trying to decide whether CMAA should use a shiny blue cover on the V2H or whether the CMAA should typeset the SEP in Garamond or how much the CMAA should charge for THE RECTO TONO PROPERS.
  • Kathy
    Posts: 5,508
    The CMAA doesn't have an anti-copyright policy? Ok, I'm good then.
    Thanked by 1Adam Wood
  • CHGiffenCHGiffen
    Posts: 5,192
    Charles Giffen works for (runs?) CPDL, which gives other people's stuff away.

    Actually, Charles Giffen does not work for CPDL, nor does he run CPDL, although he is President of CPDL and manager of their ChoralWiki. CPDL is a nonprofit, tax exempt, charitable organization, consisting of and vested solely in its Board of Directors (seven people, currently from five different countries), none of them paid. What you see and what you get at CPDL is the coordinated effort of a continually changing corps of volunteers. We all do it and give freely of our time because of our love for choral music.
  • BenBen
    Posts: 3,114
    Ben Yanke also likes writing in 3rd person.
  • JulieCollJulieColl
    Posts: 2,465
    Charles, thank you, thank you, thank you for CPDL! One of my favorite occupations is browsing through your amazing collection, and I download music treasures from there all the time.

    I found Croce's Cantate Domino a few days ago which is just spectacular. Also, Fr. Cekada's new edition of Byrd's Haec Dies a 3 has been a big hit with our choir this Easter season.
    Thanked by 2CHGiffen Kathy