Copyright Givers and Takers: Mutuality, Altruism and Instrumentalism in Open Licensing

Abstract

Over the past three decades, open licensing has evolved from hacker culture thought experiment to a transformative force in applied copyright across a range of industries. Yet very little empirical research exists to understand its disparate uses. This article examines social practices and attitudes about open licensing in order to examine the practical experience of creators and consumers who use this tool and in order to assess its value in moderating the negative consequences of extensive copyright. The discussion about the role of open licensing in creative industries and communities tends to be polarized into two vantage points. Either (1) it is a new, altruistic paradigm enabling creative communities to rework copyright to fit their vision for the cultural commons, or (2) it is a radical theft of creative labor, encouraged by Google and other digital industrial powerhouses, to cheat creators out of their share of profits. Both of these rhetorical vantage points presume a monolithic and largely either selfless or unaware base of creative laborers. We analyze data from a series of surveys across a range of creative fields and practices to show that creators employ open licensing for a variety of reasons, including instrumental purposes oriented toward skirting the many impediments created by institutions and law, rather than merely because they are unaware or selfless.