darklight perspectives conference 17th november
2001
Supported by Critical Voices http://www.artscouncil.ie/
***Audio
archive of conference now available
This year's Darklight Digital
Festival will encompass the following: Straylight online
art exhibition, selected film screenings and digital works
on site and, for the first time, Darklight Digital Perspectives:
a day long seminar exploring "Ownership and distribution
of creative content on the Internet"
Darklight Perspectives is partnered
with the Bord Scannán na hÉireann: The Irish Film Board's
Digital Days series. http://www.filmboard.ie/
This year Darklight will host
a conference "Darklight Perspectives" which
sets out to directly address a fundamental issue of importance
to the
future development of digital creative community in Ireland
and their
audience:
"Ownership and distribution
of creative content on the Internet"
This conference, the first of
its kind in Ireland, will bring together speakers at the
top of their fields, on-line visual arts, music, film, open
source/free software advocates and law. Our speakers will
debate fundamental questions of ownership, control and access
to content in a digital environment.
Speakers
Lawrence Lessig: Stanford Law School
Biography
http://cyber.law.harvard.edu/lessigbio.html
Ian Clarke: Developer Freenet
Biography
http://freenet.sourceforge.net/
Joshua Davis: Designer
and Flash Developer
Biography
http://www.praystation.com
http://www.once-upon-a-forest.com/
http://www.praystation.com/
http://www.dreamless.org/
http://www.antiweb-chaos.com/
John Perry Barlow: Writer,
Lecturer and Consultant
Biography
http://www.eff.org/
Paul Largan: Producer Online
distrabution
Biography
http://www.bandigital.com/
We will invite producers, authors, students, filmmakers,
artists, designers, hackers, crackers, DJs, animators, legals,
journalists, musicians, media moguls, net addicts, coders
and any other interested parties to attend this one day
event.
Background to Darklight Perspectives:
In Ireland, Europe's leading high-tech
cluster, every technologically minded fine art graduate
is now a web designer, musicians put their work on Vitaminic.com
before gigging in their local and Irish filmmakers have
direct access to an all-new pay-per-view audience online.
The combination of broadband Internet access, digital compression
and file sharing P2P technologies has opened up radical
new channels for the distribution of artists work……
Our daylong seminar will examine
the impact of the Internet on the distribution of artists
work. In particular we will look at some of the conflicting
forces at play in the world of online distribution: the
needs of artist, the audience and the entertainment corporations.
We will invite producers, authors,
students, filmmakers, artists, designers, hackers, crackers,
DJs, animators, legals, journalists, musicians, media moguls,
net addicts, coders and any other interested parties to
attend this one day event
The Digital Artist's path to their audience:
The Internet brings exciting new
opportunities for access to and distribution of artist's
work. The main change being that the artist is no longer
dependant on entertainment corporations to get their work
to their audiences worldwide.
Whether your work will be seen
or heard is no longer tied to how commercially viable or
mainstream your work is. The artist has now the possibility
of becoming an independent distributor in their own right.
Many artists have already chosen
to break away from their record companies and publishing
houses. They control their own websites and offer their
work for download direct to their audience.
The audience benefits too. Specialty
interests no longer have to be ordered. Prices no longer
include a mark-up for the costs of keeping an on the ground
distribution network in place or for marketing another artist
on the same label. Audiences know that the artist will receive
a fair percentage of the purchase price.
Protecting artists' work online: copyright and digital
rights management
One of the great concerns for
artists is protection of their work.
When a whole album can be downloaded
from across the world in minutes and every household PC
can act as decentralised server the potential for piracy
is huge.
Traditionally copyright served
to protect the artist's work from unlawful distribution
or theft. In the early days of the Internet it was still
felt that copyright was adequate to deal with theft of artists
work online.
As broadband became a reality,
the threat of unlawful use of artists work increased. A
new method was introduced to ensure that artists work was
not copied without permission. This method was known as
Digital Rights Management. A digital rights management system
works by encrypting the artist's work. The work will usually
only be decrypted into a usable format when payment is made
for the work. This is the usual system behind pay-per-view.
As encryption codes can be cracked,
Digital Rights Management systems can be interfered with.
To prevent this, the worldwide entertainment corporations
lobbied extensively for new laws relating to copyright to
be introduced in the US and in Europe. These laws made it
an offence to attempt to circumvent a digital rights management
system.
Copyright has always allowed for
"fair use" of an artists work. You benefit from the fair
use exception to copyright protection when you browse a
book in a bookshop or library or when you record a film
on your video recorder for viewing later. What would happen
if you wanted to have fair use access to Digital Rights
Managed content? As the content is encrypted, the possibility
of fair use of this work no longer exists. An attempt to
try to crack the system to enjoy fair use of the content
gives you criminal status.
The entertainment corporations
have also now called upon tech manufacturers to produce
machines where it is no longer possible to create serial
copies of digital work. They are creating a an environment
where we work under the presumption that everyone who uses
a CD burner is doing so to copy and steal an artist's work
without permission - that everyone who uses a recording
device will only use it do commit a criminal act. The move
is to ensure that fully functioning digital recording and
copying devices are kept away from the general public and
the independent artist. The implications for independent
artistic distribution are obvious.
The Darklight Perspectives Debate:
Copyright has always been perceived as the artist's friend.
Not only does it protect the integrity of the artist's work,
it is also used by the artist to reward the entertainment
house middleman for marketing and distributing their work.
However some argue that the existing regime offers by far
the greater rewards to the entertainment corporation middleman.
(In the music industry the artists only gets as little as
14% of what is earned on sales) To many artists, the Internet
offers the glimpse of a more equitable economic arrangement
and the opportunity to redefine the relationship with their
audience. However for the large corporations that control
the majority of the world's content the Internet is a serious
threat to the status quo.
Taking these opposing views as
a starting point Darklight Digital Perspectives will kick
off a debate which will facilitate resolution of some of
the most pressing questions, including:
- Have we merely preserved the
distribution status quo and quashed the revolutionary potential
of independent online distribution?
- Are we leaving it up to the
lobbying multinational corporations to decide how we will
access, distribute and share content?
-The legislative erosion of fair
use of content has gone largely unnoticed in Europe. The
increased protection for artists work that Digital Rights
Management provides is important but is the narrowing down
of Fair Use a reasonable price to pay?
- We will look at other methods
of ownership, distribution and payment - opensource, free
software, peer to peer networks, micropayments and tipping
(the street performer's protocol)
- We will ask the question: How
does this relate to and effect Film, Music, Visual Arts,
Broadcasting and Writing.