spiggot1

The Inter­net with it’s promise of a rev­o­lu­tion has suc­ceeded in it’s goal of chang­ing the land­scape of infor­ma­tion and how it is dis­sem­i­nated to the pub­lic at large.   We deal with issues that new media and remix­ing is caus­ing in the areas of old copy­right.   I’m one of those that bemoan the con­stant increas­ing of time before works enters into the pub­lic domain.   I would like to see more infor­ma­tion enter into the pub­lic domain quicker and I think the cre­ative com­mons idea is the future of copy­right law, but this isn’t about that.   It’s about the loss of pub­lic domain works.

It is true that efforts are under­way to save and col­lect media that exists in the pub­lic domain.   There are even peo­ple cre­at­ing new work specif­i­cally for the pub­lic domain.   We have libraries of pub­lic domain works and sites that col­lect infor­ma­tion form past web­sites.   Videos are being col­lected and main­tained where the copy­right slipped by and were not renewed in time.  These things are great.   How­ever there are too many peo­ple that could care less about the pub­lic domain or the ideas that spings out of it.

Most of the time pub­lic domain media is con­sid­ered old and out-dated.   Peo­ple want things that are new and excit­ing.  They want con­stant progress with no respect for the ideas of come from,  and don’t what forge from which the ideas have be tem­pered.  This leads to a loss of ideas, sto­ries, pic­tures and music.

I once had an argu­ment with some­one in my sup­port for the pub­lic domain.   I pointed out all the music and sto­ries that have been lost to the rav­ages of time and may never be recov­ered.   Their response was if it was pop­u­lar it never would have been lost.   This state­ment is almost as asi­nine as stat­ing that I have noth­ing to hide, so it’s a good idea to per­form sur­veil­lance on every­one.   While the lat­ter state­ment points to no respect to your own pri­vacy, let alone oth­ers.  The for­mer state­ment has no respect for what has been created.

While we can look at three hugely pop­u­lar sites for pub­lic domain media, Project Guten­berg, Archive.org, and Wikipedia; these are all very niche sites that serve a par­tic­u­lar pur­pose.   They each have a pri­mary focus in what they want to main­tain.  Since these are the big play­ers in their directed niche they are con­sid­ered one of the author­i­ta­tive sources for the type of pub­lic domain media and infor­ma­tion that is able to be retrieved from their site.   What about some of the niches that aren’t covered?

Project Guten­berg has a long stand­ing his­tory of sal­vaging books that have entered into the pub­lic domain.   They do a great ser­vice that lit­er­ally takes hun­dreds of vol­un­teers to take books form a print medium and con­vert it to dig­i­tal text avail­able to all.  They are known for their e-books, while they do have some other things that they try to main­tain, this is what they are known for.   If you are look­ing for a book that is in the pub­lic domain chances are you will be directed to them first.

Archive.org on the other hand, while author­i­ta­tive in some respects is the jack of all trades in the pub­lic domain sec­tor.   You would use them for web­site his­tory research using their way-back machine site, or you may check with them for pub­lic domain video or audio.   It is a hap­haz­ard gath­er­ing of peo­ple that seem to uti­lize the best of breed men­tal­ity, the prob­lem with being the jack of all trades, is some­times it’s a pain in the butt to use.   Archive.org’s usabil­ity is one of the worst of the main­stream big sites that I’ve used.  It’s hard to find exactly what you are look­ing for.

Then you have Wikipedia, which essen­tially the pub­lic domain research ency­clo­pe­dia.   Yes, there are issues with it.  Some­times you can’t trust.   Some­times it can be edited.  With all these prob­lems, it’s author­i­ta­tive.  You can’t do a Google search on a sub­ject most of the time with­out see­ing a Wikipedia link on the front page.   Peo­ple link to Wikipedia since it’s trusted and becomes the cumu­la­tive knowl­edge of human­ity over time or does it — the ques­tion will be dis­cussed in an upcom­ing blog article.

How­ever there is plenty of other types of infor­ma­tion and media that is not col­lected and ade­quately cat­a­loged so it’s easy to use for a lay­man.   There are for-profit com­pa­nies cat­a­loging and main­tain­ing repos­i­to­ries of pub­lic domain infor­ma­tion, but these com­pa­nies charge a fee for infor­ma­tion that truly and legally wants to be free.   It’s just that no one cares enough to invest the time or money to cre­ate archives.   I’m not say­ing com­pa­nies can’t make money from these ven­tures, but I think our higher insti­tu­tions and gov­ern­ments should take first run at them until they are large enough to be spun out into it’s own non-profit organization.

What type of infor­ma­tion am I talk­ing about?

Legal Tran­scripts

Archi­tec­tural Plans

Sheet Music

Video

Audio

Pho­tographs

Gen­eral Art

Etc, etc, — if it has been cre­ated it should be saved.

I will state of the big three men­tioned above, some of those dab­ble in all of these things, but not to any appre­cia­ble level that exists out­side of their pri­mary focus.   Yes there are niche sites, this whole thing started out of look­ing for pub­lic domain sheet music.    No site is author­i­ta­tive, they all have their own issues, and iron­i­cally enough they don’t nor­mally have the same data the other site has.    There is no rea­son for this, scans are not pro­pri­etary or unique, nor do they count as a deriv­a­tive work.

The other issue with this is global accep­tance and resources.  Most of the col­lec­tions of pub­lic domain works exists only within them­selves.   There is a lot of cross work done by uni­ver­si­ties scan­ning the exact same item to be in their col­lec­tion that another uni­ver­sity has already scanned.     This is wasted man power since their is no author­i­ta­tive repos­i­tory to put this infor­ma­tion into, or cross ref­er­ence against.   So this leads to the pop­u­lar stuff nor­mally being at the front of the list and most likely to be dupli­cated again and again and again, while the more obscure things are left unread and unfound.

Archive.org, Wikipedia, and Guten­berg all of some­thing else that these other niche sites do not have, global mir­rors.  Being an Amer­i­can I could eas­ily say the library of con­gress will even­tu­ally have every­thing pub­lic domain online.   The first part is if I actu­ally made that state­ment it would be naive on my part.   The sec­ond thing is that it means other coun­tries are count­ing on the United States to save the pub­lic domain data.   I’m sure we won’t put the same care to local trans­la­tion and books, com­pared to Amer­i­can edi­tions when it comes to preser­va­tion or pub­lic dis­sem­i­na­tion of the work.

I’m angry and annoyed.  I’ll be revis­it­ing this topic, but hope­fully this primer of where I am com­ing from is some­thing for you to think about and com­ment on.

  • grin
    Creating a repository seems easy, but it isn't: sites only get popular when they're very easy to use, visually pleasing and do not get closed by authorities. I do not know about sheet music repos, but sounds pretty hard to do it nicely.

    I really wonder what kinds of architectural plans do you have on your mind, and where should be these found? All I know is that they're protected author's death+50 years, so basically we speak of papersto be scanned, but I still fail to see where these should be found (I'm not related to any architect so far, unless playing with ArchiCAD counts). Scanning is an exhausting task and doesn't really give satisfaction because the target audience is pretty narrow.

    I did not want to sound like "good stuff is copyrighted" would be the state of th world, but I just part of the team organising the "Wikipedia Loves Art" movement's local brainchild, which basically try to make good photographs of not copyrighted art, and I tell you it's not really possible. These are not copyrighted, but owned, and the owner have full rights over the object, including rejecting premission to make photos. Or ask money for it. Quite nice sums indeed.

    So basically new stuff is copyrighted, old stuff is locked down. Often, and not always; and some presuasion could lead to opening up objects otherwise free, like art, old books, etc. Needs people with strong drive, and lots of time. :-(

    Back to the original question: search technology actually makes the problem less serious, as scattered sheets can be looked up and found. It even helps archival by using different geolocations and multiple copies. :-)
  • The big three for public domain data (wikipedia/gutenberg/web archive) all of the ability to easily repurpose a section for public domain sheet music (gutenberg has one but it's awful with no way to separate the books from the music). So with minor additions with have a segmentation (like wikipedia org does with it's spin off's) - it wouldn't be difficult at all to have the start of a repo up in a few days. Of course then you need to attract the users.

    Most all three of these have a user base which would attack and conquer the problem of filling in information - the problem is getting the existing community involved. I've bene on gutenberg mailing lists for going on 4 years - never once have they really talked about music to any extent - it's only through search engines that I found out they had any. Promotion needs to be part of whoever archive's it mission.

    I guess architectural plans are a little off-topic but still valid. Thinking to it I think building plans are patented and trademarked. This is why cities keep records of as many architectural plans as they can in city office. So essentially these plans are public record and are within the public domain. There is no reason they shouldn't be scanned in as part of new plans being entered in going forward. You would still need a repository, but the plans should be made available by city government - and don't get me started about cities not having the full local laws and codes online by now.....

    The problem with the art scenario isn't a copywritten one - in theory the image is in the public domain once the first sale has occurred or the image has ever been published. The problem is we move into property rights. I have a couple images that may or may not be in the public domain - if they were it doesn't matter since I have access to them and you don't. I do not have to give you access to my property to take pictures or make scans of. This is a different scenario all together then dealing with copyrights.

    Old stuff is not locked down - you just have to track it down. I shouldn't have to go to eighty websites to get all the scores to Beethoven's works - but as the web stands right now I would have to (I'm generalizing one site may have it all but have very little Bach) - Search technology for some of this stuff is week - pictures are only now getting ok at being searched - but that is all based on title and meta data - for things like architectural plans or sheet music - the workings for meta data for search isn't the strongest just yet.

    FYI - I personally don't care about architectural plans - I just use them as an example of a media that is locked away solely because no one has made a repository for them yet.
  • grin
    Wikipedia, or actually Wikimedia projects now cover several niches of the free content area, most notably Wikimedia Comons, which contains multi-terabyte amount of free media material, mostly photos.

    Other stuff is hard to find (eg. free photos if you are not the author, because they are usually lost, not digitised or owned by an institute with definitive methods preventing good quality copies) or require ridiculous amount of storage space (in case of good quality non-copyright-restricted movies), and usually all these are hard to access.

    I do not think it's the internet to blame, people do more than they're allowed to by moneymen (I mean, erm, lawmakers), they keep publish stuff all around. But useful stuff often copyrighted, like recent musical sheets, color photographs, movies. Internet's out of options unless we consider breaking the law.
  • There is still plenty in the public domain that is either fractured across multiple repositories (like sheet music) or isn't making a real showing online at all (architecture plans come to mind). There is plenty of things that we could draw from that isn't breaking the law, but the attitude that "the usefule stuff is copyrighted" is the wrong way of thinking. I'm all for copyright reform, but until we get our existing public domain items in order I'm not sure we'll see a strong urge for reform in other venues.
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