In Remix, Lawrence Lessig is exploring the history and concept of copyright law. He begins with an anecdote about John Phillip Sousa, and his belief that without some sort of protection, the “manufacturers and sellers of phonograph records” (23) would be able to distribute music without paying the artist for the work. Sousa was also concerned that these “infernal machines” would damage the culture and discourage amateurism by making music production only accessible to the professional.
Lessig argues that today the “new infernal machines … will enable an RW culture again,” and that “they could also encourage an enormous growth in economic opportunity for both the professional and the amateur” (33). Unfortunately, the new “infernal machines still rely on a “professionalization of music.” They don’t put us back into the “everybody’s doing it” kind of time. The so-called amateur of today still requires access to the technology and a fair amount of knowledge, and much of their “remixing” relies on the professional production of music. Sousa’s amateur, on the other hand, required nothing more than a voice, and perhaps an instrument or two.
But Lessig is correct in saying that the new technologies allow for remixing more than some of the previous technologies. The industry controlled remixing with analog technologies that
limited the opportunity for consumers to compete with producers (by "sharing"). And its imperfections drove demand for each new generation of technology. Record companies thus sold bits of culture, embedded in vinyl records, then in eight-track tapes, then in cassette tapes, and then in CDs. With each new format, there was a wave of new demand (often for the very same work). The same with film. Film companies distributed films to theaters, and then films to videocassettes, and then films tu DVDs. The business model of both these distributors of RO culture depended upon controlling the distribution of copies of culture. The nature of analog tokens of RO culture supported this business model by making it very difficult to do much
differently. (37)
By controlling how analog productions were distributed, the industry discouraged sharing. And they encouraged consumers to spend, spend, spend by releasing the same material in new mediums, often touting the improvements in sound, picture, access, etc. Although there were some ways to share, with record/cassette combinations that allowed recording from one medium to another.
That is something the new “infernal machines” and digital technology has changed. It is now very easy to share a piece of music or film. Portability has promoted “share”-ability. And while artists and industry executives argue that people are stealing, others argue that this new technology allows consumers access to more artists they wouldn’t have had in the past.
But perhaps the most interesting part of Lessig’s book is the conversation in Chapter 4, “RW, Revived.” Lessig compares citation of written work with “quoting” from movies or music. He discusses using quotes from text and compares that to quoting “a section from Sam Wood’s film of Hemingway’s For Whom the Bell Tolls” or “a recording of Bob Dylan singing … lyrics in a video about” Vietnam (53). He claims that “the act is the same; only the source is different. And the measures of fairness could also be the same” (53). But they aren’t. Lessig then uses the example of “rap artists who had sampled another musical recording” (53) for their own recording. But this is a false analogy. Fair-use allows for a limited amount of work to be used in an academic way, or for critical comment, but these rap artists were using someone else’s work for profit. When an academic is quoting from a text, they are not creating a new work to be distributed for profit. If they do, that is considered plagiarism. So his example doesn’t exactly work.
One thing Lessig does have right:
at a certain point, perfect access (meaning the ability to get whatever you want whenever you want it) will seem obvious. And when it seems obvious, anything that resists that expectation will seem ridiculous. Ridiculous, in turn, makes many of us willing to break the rules that restrict access. Even the good become pirates in a world where the rules seem absurd. (44)