Too Late to Apologize?

Copyright is exclusive, but the internet is not, nor are its users. The lines between right and wrong can become blurred, and decisions can become compromised when it comes to technology. Piracy without concern for consequence is disconcerting.

ABOVE THE LAW

In Lawrence Lessig’s 2007 TED Laws that Choke Creativity he states that, “among our kids, there’s a growing copyright abolitionism, a generation that rejects the very notion of what copyright is supposed to do, rejects copyright and believes that the law is nothing more than an ass to be ignored and to be fought at every opportunity possible.”

“These tools of creativity have become tools of speech. It is a literacy for this generation. This is how our kids speak. It is how our kids think. It is what your kids are as they increasingly understand digital technologies and their relationship to themselves.”
— Lawrence Lessig

Creativity should be nurtured in our children, but in the direction of Fair Use. Just as we teach them not to touch a hot stove, we should also begin having conversations about ownership, as it relates to the internet, and why it matters.

YOURS, MINE OR OURS?

Using our evolving technologies available today, it is easy for anyone with a phone, tablet or computer to upload a video to YouTube.

The question is, what are they uploading?
Is it their content, someone else’s content or content that was from someone else that was altered in a way it is no longer the same?

If it is the latter, when an unauthorized use takes a copyrighted work to a new or different level or direction, not intended by the original work, then the use is considered transformative and is usually permitted as a matter of law. Fair use is defined by statute under United States copyright law. It is rooted in free speech, under the First Amendment.

A NEW DIRECTION

My daughter came home, Friday, from school and informed me she has a test coming up in Social Studies. Her teacher showed a video in class on the 13 colonies, and we needed to watch it, too. So we sat down at the computer, went to YouTube, searched and easily found the video. Since then, she has watched numerous times, and is really intrigued and engaged with this social studies topic.

So what’s with the video? How does it relate?

The video I am referring to, “Too Late to Apologize: A Declaration” is not just an educational video, but it borrows the exact music from Timbaland’s song featuring One Republic called “Apologize,” less (most of the) lyrics. It is the same music, different words. The group creating the video, Soomo Publishing, gives credit to the original artist and notes that the lyrics are adapted from the original song. “Music and video based on ‘Apologize’ by One Republic, featuring Timbaland, 2007.”

The new video takes the original work in a completely different direction, explaining the 13 colonies and the Declaration of Independence, in a fun and engaging way. (My fourth grader was dancing around the living room singing about taxes.)

Margaret Gould Stewart of YouTube stated in her TED Talk, How YouTube Thinks About Copyright, “most rights owners, instead of blocking, will allow the copy to be published. And then they benefit through the exposure, advertising and linked sales.”

This video has 9,493,548 views. (I am positive that we are at minimum 44 of those views.) The original song by comparison has 184,145,925 views.

Perhaps this is a case of fair use? Maybe this work has transcended enough to reach a new level? It was published in 2010, so I think, it would be safe to assume, with the number of views, the original content owners of the song have found no issue, or competition with it.

“Just look at all the joy that was spread through progressive rights management and new technology.And I think we can all agree that joy is definitely an idea worth spreading.”
— Margaret Gould Stewart

CROSSING THE LINE

Borrowing is one thing, taking is another.

In 2015, a California jury ruled that Robin Thicke and Pharrell Williams were ordered to pay $7.4 million for copyright damages and infringement of Marvin Gaye’s “Got to Give it Up.” Their song “Blurred Lines” crossed the line and the law took note.

TOO LATE?

For those who borrowed just enough to make this video work, my daughter loves watching her social studies educational video, thank you. I am sure I will hear it a few more times before her test rolls around.

As for those kids (and adults) who take too much without asking, those who as Lessig describes, show disregard to copyright law, there is a lot to be learned from the “Blurred Lines” example.

After all, it is as the songs “Apologize” and “Too Late to Apologize: A Declaration” both sing in their chorus … “It’s too late to apologize. It’s too late.” Even though the lines are blurred, the difference between right and wrong remain visible, if you look hard enough.

If this is you, be careful, ask nicely and be sure to say “please.” Hey, that sort of sounds like a copy of what I teach my daughters.