I attended World’s Fair Use Day the other day. It was a really cool conference, and not just because of the free food. It got me thinking a lot about fair use and copyright and what that means to all of us.
Some of the most interesting things that I heard were questions about how copyright and fair use spread beyond the United States. More and more we live in a connected world where boundaries of states, countries, continents, or any other geographical issues just aren’t that important any more in a lot of meaningful ways. I sit here writing this in Washington, DC, but anyone with an internet connection, all over the world, can read it. With a little help from Google, people can even read it in a language other than English. Most of our copyright laws were written before that was a real possibility.
So what does that mean for global copyright (or whatever you want to call it)? It’s trivial to share content across the world, but how do you know what laws apply? Do the laws of the country you’re in apply? The laws of the country where the server is? The country the creator is from? It got me thinking about potential solutions.
As I’m a programmer, one of the first things I thought of comes from programming. What if we had a global copyright API? For the non-programmers, think of an API as a restaurant menu. You get a little blurb about each menu item, so you have good idea what you’re getting, but you don’t know every step in the process to prepare the food.
So, let’s say the world agrees on a set of copyright levels. A level would be everything from copyleft through Creative Commons through All Rights Reserved. You can call it whatever you want, but the first level would be less restrictive than the second, which would be less restrictive than the third, and continue on from there. We would then come to an agreement on what each level means, and then it is left to the country from which the content originates to define how to attach a level to your work.
So, for example, one of my favorite Creative Commons licenses is the attribution-share-alike license. That means you are free to do whatever you want with the content, but you have to credit the originator, and you have to apply the same license to your derivative works, so anyone can use your work in the same way you used the originator’s.
The world would agree on what this means. For Creative Commons, that happens to be easy because the different licenses are each explained in plain language (Even in many different languages) that don’t require a lawyer to understand. For other levels, it might be harder.
Then, each individual country (or city, county, region, whatever) would determine the rules for classifying your work at that level. If one country wants to say that no work can have an attribution-share-alike license, that’s up to that country. But reasonable countries would provide a set of guidelines to their citizens, explaining how to apply this license to their work.
When that work crosses a border, the country it finds itself in would be bound to honor the definition of the license, even if that particular country doesn’t allow works to have that license.
This should satisfy the big content companies, because they could apply the most restrictive license their respective countries allow, and everyone around the world would have to abide by it. It would satisfy content creators, because they could feel confident in allowing their work to cross borders, knowing that they had set the rules for its use. It would satisfy lawyers by creating all sorts of wonderful case law to digest and bill for. It would satisfy politicians because making everyone happy tends to help out with re-election campaigns. And it would make me happy.
So, all we need is a global agreement on the set of levels. That shouldn’t be too hard, right?