Professional Documents
Culture Documents
Mikko Kapanen 2009
Copyright law is a property law as it is part of the broader legislation
therefore economical and political, not moral (Frith 1987: 73). In this
paper I will look into both the production and consumption of media
by the political left and how does the copyright law impact it. While
happens in the context of an organisation, these two aspects, while
separate from each other, have been selected to highlight the general
attitudes towards the concept and the legislation of copyrights.
I argue that the production of the media on the political left is
copyrights. In practice the organisation that was the subject of this
study, Workers World Media Production (WWMP), subscribes to the
2 Copyleft: How does the media production and consumption of the political left relate to copyrights?
thinking that is nearly identical with some of the Creative Commons
licences, but they have not licensed their content with them. Creative
political economy of these sectors by and large is not directly
depended on the final media product.
The consumption of media by the political left is selective infringing,
where personal, although shared, moral rules determine the value of
the copyright. In the case of music, which this research focused on
the consumption side, the consumers select a set of rules that are
generally characterised by the origin of the music in question; local
independents tend to have limited distribution to South Africa, the
deciding factor more often ends up being the country of the music’s
origin. Also, the politics of the major labels and independents are less
clear and demand more specialised knowledge. Some labels with the
feel of an independent, can also be part of the corporate industry by
their ownership.
3 Copyleft: How does the media production and consumption of the political left relate to copyrights?
To put the subject of this research and its question into a context I
will look into the academic debates around copyrights and so called
piracy, ideologies in the context of media production and the political
left in the context of South Africa. After that I will explore the method
of the research before offering the findings and finally concluding it.
The term Copyleft in the name of this paper has been borrowed from
the Workers World Media Production as used by their director
Martin Jansen (interviewed 16.10.2009 by the author).
4 Copyleft: How does the media production and consumption of the political left relate to copyrights?
Theories around copyright and the political left
In order to understand the findings of this research we need to
theorise copyrights and the ideologies of the political left in the
broader context of our focus.
Copyright and piracy
The history of copyright is generally traced back to Statute of Anne;
the first copyright act of Great Britain in 1790 (Davies 2002: 4). This
statute gave the publishers, or any right‐holder the monopoly to
print the books for a limited period of time, fourteen years (once
the public domain to be used and printed freely. Statute of Anne did
not regulate other materials outside of the print (Lessig 2004: 87).
Initially it was to arm the publishers against the book sellers, and as
an afterthought came the rights of the authors (Boyle 2008: 8) This
after thought, the idea of an author has been contested later by
Michel Foucault (1977), although not in favour of the copyright, only
as its result, as he argued the concept to be much more complex than
5 Copyleft: How does the media production and consumption of the political left relate to copyrights?
what the copyrights let us to believe, not necessarily natural, and
either way a rather recent idea. The idea of one author is a romantic
representatives have taken advantage of it (Jaszi 1994: 36). Ideas
expressions (Vaidhyanathan 2001: 28‐30).
Currently the period of copyright in United States, as stated in the
Copyrights Term Extension Act (also known as the Sonny Bono Act)
is author’s life and 70 years or 95 years from publications, and for
corporate right owners it became 120 years from creation (Benkler
2006 : 442‐3), and through the Agreement on Trade‐Related Aspects
of Intellectual Property Rights (TRIPS) these laws have to be agreed
by all the nations that wish to be part of the World Trade
Organisation (Copy / South Dossier 2006: 8). These kind of demands
have been criticised by the Copy / South organisation in their dossier
(2006) as they are hindering the development of the global South as
the countries in the Northern Hemisphere, often referred to as the
laws and they slow down the development of the poorer countries.
The dossier points out that when United States, who now wants to
enforce these laws globally, was a developing country, they did not
6 Copyleft: How does the media production and consumption of the political left relate to copyrights?
respect the international copyrights (2006: 7). It is unclear how the
TRIPS supports the twofold purpose of the copyright: to ensure the
Vaidhyanathan 2001: 26). Vaidhyanathan (2001: 21) also adds that a
privilege is something one can get from the state, but rights preceded
it.
Copyrights are part of Intellectual Property (IP) rights together with
patents, and trademarks. Besides these three main types there are
also Trade Secrets. All of these rights are generally dealt with
remember that their application is largely depended on contract laws
(Vaidhyanathan 2001: 18) and often the rights are owned by a
2006: 12), which questions their justification as a just reward of
creativity (Haupt 2008: 77).
and therefore political and economical question and not a moral one
7 Copyleft: How does the media production and consumption of the political left relate to copyrights?
(Frith 1987: 73). There is a constant conflict and polarisation taking
place in the copyright discourse between the commercial and non‐
discourse (Lessig 2004: 212).
for the purposes of this research, especially the second section of
findings which focus on the music consumption, it is useful to look
into so called piracy. The meaning of the word is not simply one
thing, but it can vary between what would considered as theft by
most standards, and what is progressive and beneficial for the society
(Mason 2008: 36). When focused more specifically on music Andrew
copying and piracy by saying that the latter only takes place when
you mass produce copied CD:s with copied album artwork and make
money out of it, and therefore it only concerns artists who are
popular enough to be made money out of. For the new and less
established artists sharing music is actually helpful (Ki et al.: 26).
8 Copyleft: How does the media production and consumption of the political left relate to copyrights?
In the broader context of media, the so called pirate activities have
contributed to the British popular music and radio (Ofcom 2007: 3)
and to the South African community broadcasting (Bosch 2003: 92).
With former even the British regulator Ofcom (2007) acknowledges
presents the current pirate activities with less enthusiasm.
Ideology in media production and the political left in South
Africa
and the political left and its history in the context of South Africa.
The economics driven media structures have been increasingly seen
insufficient, and the idea of ‘civil society’, where media has lost much
of its dependency on state and the market is getting more support
unequal and it is problematic if the media enforce or create an
opportunity for inequality to be reproduced. That is why it is
important to ask, can the media producers produce their texts
9 Copyleft: How does the media production and consumption of the political left relate to copyrights?
cultural powers (Hesmondhalgh 2006: 2). Chomsky and Herman
(1988: 2) argue that the media serves the elite class of society, and
that its propaganda is only harder to distinguish in liberal
democracies than in dictatorships. This idea resonates Marx’s view in
which the ruling class, that controls the means of material
(Marx and Engels 1974/1847: 64‐5). Marx was not interested in what
an individual media owner does or thinks, but treated them as an
economic class which does things by default (Downey 2006: 18). Hall
(1996: 17) points out that this kind of thinking does not only ignore
the ideological differences within the ruling class, but also the fact,
that different ideologies are dominant amongst the ruling classes of
different countries. Ideological analysis is based on the idea, that the
values of a media text can be seen as an indicator of its production
context (White 1992: 163).
power in society (McLellan 1995: 9). Ideologies have become more
liberal as the social change has become understood as something that
takes place (Plamenatz 1970: 107), and even various classes in
10 Copyleft: How does the media production and consumption of the political left relate to copyrights?
society have similar goals; it only is the different circumstances of
these groups that determine their ideologies (Plamenatz 1970: 104).
The terms left and right in politics have their roots in the nineteenth
century European parliaments where monarchists and conservatives
sat on the right and liberals on the left of the speaker, but with the
course of history these terms have become complex (Funderburk and
Thobaben 1994: 8). The politics of the left are generally divided into
socialism and communism which share the aim for state ownership,
class struggle, equalitarianism, welfare state and the seeing the need
for these to take place rapidly through political and social change
(Funderburk and Thobaben 1994: 9). These ideas originate from the
1848 Communist Manifesto written by Karl Marx and Friedrich Engel
and their other work aiming to unite the working people of the world
(Stedman Jones 2002). In Africa particularly many saw socialism as
an answer for the post‐colonial societies (Nkrumah 1961), but in
practice it has worked less well at least partly due to international
loan conditions by IMF and World Bank that many countries building
and rebuilding themselves have been depending on (Klein 2008). In
the context of South Africa the ideas of the political left have
coexisted with racial liberation ideologies by default as opposed by
11 Copyleft: How does the media production and consumption of the political left relate to copyrights?
the apartheid governments (Meli 1989), but with unease with many,
2004) politicians.
12 Copyleft: How does the media production and consumption of the political left relate to copyrights?
Methodology of this research
method I used to answer it.
In order to find out how does the media production and consumption
on the South African political left relate to copyrights I conducted
interviews and sent out questionnaires to the relevant group of
people. With questionnaires I was not very successful with receiving
answers, so mostly the data is based on the interviews which were
designed with open questions to gather as much of the opinions and
attitudes as possible. Due to the nature of the topic and the fact that it
deals with breaking the laws as they are written, which everyone
participating had done on some level, the interviews were mostly
Workers World Media Production, Martin Jansen who talked largely
background of the organisation. The anonymity is the reason why I
haven’t specified the people answering the questions in the second
section of my findings. I feel that the option of anonymity ensured
13 Copyleft: How does the media production and consumption of the political left relate to copyrights?
more honest answers and therefore more accurate description of
what actually takes place.
with the staff members, and these questions asked in the middle of
an every day conversations were also useful to get even more honest
opinions (Spradley 1979: 58). With a topic like this where the law
differs from the practices I also tried to take this into consideration
and not try to minimise the impact of my presence, but to take it into
1995: 125‐131). In order to get answers that represent the opinions
as honestly as possible the interviews were unstructured (see Berger
2000: 117) and I was merely giving direction to the conversation.
The organisation of WWMP, especially on the production side, is not
very big and the interviews conducted represent a large part of it. It
is the organisation itself that represents the political left. The
personal political ideologies of the interviewees may vary, but they
generally identify with the workers’ rights and the political left.
14 Copyleft: How does the media production and consumption of the political left relate to copyrights?
The impact of copyrights to the media production and
consumptions of the political left in South Africa
After looking at the already existing theories around my research
question to provide a context for it, and explaining the specifics of the
research itself, I will explore its findings. Since my research question
is twofold: the impact of copyrights to media production and
consumption of the political left, I have divided these findings into
two separate sections, first looking into the media production and the
second focusing on its consumption.
Media production of the political left and its relationship with
copyright.
In this sections I will look into the production ethics of Workers
World Media Production regarding to the copyrights, and how does
political economy, which is not depended directly on the media
products, but rather based on donor money, allows the copyright not
be respected. The ownership of the produced material is not as
15 Copyleft: How does the media production and consumption of the political left relate to copyrights?
important when it is not central to the production costs. The political
economy of organisation such as WWMP is likely to be a result of
their ideological placement on the political left. On a practical level
WWMP treats their products as if they were licensed with Creative
CD:s have a normal copyright symbol. This is to avoid the use that is
not in line with the organisations message. Creative Commons in
South Africa could get a boost to its message by increasing their
product, but raise their funds elsewhere. At best, getting these
organisations on board could be a beginning for a bank of content
that could be used countrywide and beyond to inform and empower
the communities.
political economy
At the time when the South African Labour Research Council and
Trade Union Library had merged and unions had lost a lot of their
leaders in the new South Africa, the movement saw a need to
16 Copyleft: How does the media production and consumption of the political left relate to copyrights?
promote mass education and develop a new leadership. To achieve
these goals in 1997 two media initiatives were started: a labour
newsletter and a half an hour labour radio show at Bush Radio. The
radio show ended up a relative success, but its producers felt that the
targeted audience had not yet been reached, so after the initial three
months period of broadcasting, a decision was made to set up a
permanent labour media production house. This task was mandated
to Martin Jansen, who had also been central in the two media projects
and two years later, 1999, the Workers World Media Production was
established (interview with Martin Jansen 2009).
Today Workers World Media Productions has fifteen full time staff
members, offices in Cape Town and Johannesburg and they have
started TV/video department that produces labour TV show for Cape
Town TV (Community TV). Workers World also organises the annual
Labour Film Festival (interview with Martin Jansen 2009).
WWMP is a non‐profit organisation with an elected board, which has
(Federation of Unions of South Africa) and NACTU (National Council
17 Copyleft: How does the media production and consumption of the political left relate to copyrights?
of Trade Unions), and one from three labour service organisations.
organisations, some church organisations and at times locally, by the
Department of Labour. With the Department of Labour the funding is
tied into partnerships and it is the only time when WWMP’s products
health and safety. No other donor has any say on the content of the
programmes that are produced, and WWMP do not charge any of the
stations it provides the content for (interview with Martin Jansen
2009). The model of funding for the organisation is understood
through its political ideology which is on the left, but according to
Jensen while WWMP has got a union background, it is not
automatically in line with the unions, but exists amongst them
the author 2009). It is because of the lack of direct linkage between
the product and its funding that the organisation’s stance on
copyright can easily range from indifferent to a negative one. Martin
Jansen says,
18 Copyleft: How does the media production and consumption of the political left relate to copyrights?
don’t respect copyright, particularly the commercial
copyright, we don’t respect that . We think these… …media
productions and music to some extent ought to be the
public’s property. Because that’s the source of wealth …
….That’s where it belongs.
Martin Jansen
In principle WWMP is open to the idea of Creative Commons licences
as can be also understood from Jansen’s stand. The organisation gives
the content for free to the community radio stations and do not
oppose it being altered or used only partially, if only the message is in
line with how it was initially produced. Should someone wish to
produce derivate version of their content to promote ideas that are
conflicting with workers’ rights, they would not wish to allow that to
happen. Without this potential scenario, the material in practice is
treated as if it was licensed with Creative Commons ‘Attribute Non‐
commercial’ licence. The scenario could be overcome by adding the
‘No Derivatives’ licence to it, but since the WWMP does not oppose
people to remix their content as long as there is no conflict of
movement, although in practice they allow the material for which
they hold the full rights to be used relatively freely. In practice, the
probability of someone to whom it is not meant, and therefore not
sent to, accessing any of the programmes and using it against the
19 Copyleft: How does the media production and consumption of the political left relate to copyrights?
workers’ cause seems rather minimal. Together with the lack of
information on Creative Commons, which was clear from almost all
of the interviews, and the encouragement to change the licensing, it
remains the reason to claim all the rights, and allow the selected
group to use the content as they best see fit.
Africa it could be very beneficial to increase the awareness raising
organisations such as WWMP function with donor money and have
no reason to pursue the copyrights for financial reasons, and these
organisations produce a lot of material that could create a wealth of
material for the other similar stations and organisations to use. This
could enrich the community media considerably, but would need its
concept like this would in all likelihood need its own donors and
before implementing further research on how it would be received
by the producers and broadcasters, and training to enable them to
use such a resource. On a theoretical level there does not seem to be
anything that would suggest that it could not work.
20 Copyleft: How does the media production and consumption of the political left relate to copyrights?
The production of media on the political left has a blurry relationship
with copyrights and its practice undermines the legislation as it has
been written. The lack of respect towards the copyrights themselves
do not reflect any indifference towards what they are supposed to
address at least in theory. A lot of thinking goes into the rights of the
artists and producers, as they are also workers’ rights, and in the
next section I will continue exploring how, even outside of the
written rules, there are relatively uniform set of moral values and
specifically music.
with copyright.
Having looked at the relationship of the media production, its
explore how the media producers relate to copyrights in their
consumption of music. This will help us to have a more holistic
picture of the unwritten moral rules that are enforced by self‐policing
that regulate the media as it is not only used, but also produced by
the political left in South Africa.
21 Copyleft: How does the media production and consumption of the political left relate to copyrights?
I argue that the consumption of media by the political left is best
the value of the copyright. In the case of music, which this research is
focused on when it comes to the consumption, the consumers select a
set of rules that are generally characterised by the importance of the
origin of music in question; local (South African) or international.
limited distribution to South Africa, the deciding factor more often
ends up being the country of music’s origin. Having the record
always have or are not even interested to have.
Similarly as with media production, with consumption of music the
political left sets itself outside of the copyrights and then selects its
own rules. This kind of practice should not be confused with
outside of the legal framework. Based on the interviews and
22 Copyleft: How does the media production and consumption of the political left relate to copyrights?
questionnaires, everyone felt that they have a good understanding of
the copyright although that was not reflected with all the answers. It
seems that the more people know about the copyright, the less they
feel inclined to respect them, which can be understood as that the
economically driven laws are generally in conflict with the ideology
of the people interviewed. All of the people asked said that they
owned, copied or downloaded music, but most felt seemingly uneasy,
although unapologetic about it, even if they had reasonable logic
everyone feeling that their set of rules is a personal one, which it may
be, but it is also shared by individuals so these activities are actually
regulated by a shared unwritten set of ethical rules. These rules are
so unified that they could have easily been written down and signed
by the interviewees.
These moral rules divide music into a two different categories: local
from South Africa and the rest of the world, but predominantly the
divide seems like the clearest way to make the distinction between
artists and their music in order to determine the need of support and
how much such support would be deserved by the artists. In theory
23 Copyleft: How does the media production and consumption of the political left relate to copyrights?
the distinction could be made between independent artists or the
ones from independent small labels and the others from the major
more specific knowledge on record company politics and at time
Therefore a South African artists from a major label would get more
African independent music is not as big factor as it does not
necessarily get distributed into the country in a legal way, but in
theory, supporting the local artist takes priority over everything else.
Regardless of any other factors at play the local music is seen strictly
as a no go zone for copying from or for others. While dividing the
music based on its political and economical factors such as power
the country of origin of the music as the dominant deciding factor
seems more of an emotional reason. It is something that is seen as
satisfactory logic to follow regardless of its actual impact on the
artists’ rights or income. The fact that the dominant practice is not as
logical as the alternative one, is not a criticism as music is a personal
24 Copyleft: How does the media production and consumption of the political left relate to copyrights?
experience and an aesthetic that does not always follow the rules of
logic.
These moral rules, regardless of their deciding factor and the amount
of knowledge behind them are firm and even if they would be
illogical at times, they are strictly followed by their holders. There is
a distinct sense of these rules being ‘the best there can in these
circumstances’, with a hint of ‘something to help me sleep at night’,
but the common denominator in practice is the assumption that the
local music is more in need and more deserving of the consumers’
support than international. The underlying cause for the lack of
respect towards copyrights in general is the distrust of the corporate
between it and the group looked at in this research, but since sharing
groups as well, it is not necessarily purely a question of political
financially and make the local one seem a fairer deal in every respect.
25 Copyleft: How does the media production and consumption of the political left relate to copyrights?
These moral rules exists outside of the legislation which is not
respected as it is seen as inadequate, one sided and exploitative. Due
to the lack of official consensus and structure, the weakness that
comes along, is that outside of the law, people are by and large left to
police their own behaviour, thus the practices depend on the
interpretations and misuses of this unlawful freedom.
This indicates that there is a need to revisit the copyright laws, as
argued by academics such as Lessig (2004 & 2008), Boyle (2008),
criminalized the common practices or alternatively, although ideally
additionally, the business models of music and media industry need
to be rethought so that consumers feel that there are other legal
options that make sense to them. Creative Commons could, at least in
theory offer solutions but it would probably have to become a more
popular idea and awareness raising would be needed both to the
consumers and producers of music and other media. On a large scale
that will be a great challenge as the debate of the copyrights tend to
controlled by the ones with the biggest economical stakes; the
industries, their lawyers and lobbies (Lessig 2004: 212). Unless the
26 Copyleft: How does the media production and consumption of the political left relate to copyrights?
copyright laws are rethought, the practices may continue as they are
since the threat of legal punishments do not appear to be enough to
conquer the personal moral rules that regulate the sharing of music
amongst the interviewees in this research.
27 Copyleft: How does the media production and consumption of the political left relate to copyrights?
Conclusion
copyright law and the political left of South Africa. I have used the
Production as the basis of the research, which in itself I have divided
consumption of media was mainly focusing on the music. The
organisation, WWMP, does not represent the whole political left, but
it is rather an example of it as it is ideologically largely in line with
South African workers’ unions.
I concluded that the media production of the political left is
characterised by its political economy which, as a result of its
placement on the political map, is based on the outside funding. This
copyrights are less central to its function and in practice not
respected at all. The content of WWMP is treated as if it was licensed
The CD:s, however, have a normal copyright symbol to avoid the use
28 Copyleft: How does the media production and consumption of the political left relate to copyrights?
that disagrees with the organisation’s core message. Creative
WWMP and community radios as the content, if licensed flexibly
could create a bank of knowledge and broadcast material that would
help the sector to have legally recognised collaborations instead of
just casually agreed as they now are.
I also argued that the consumption of media by the political left, is
“selective infringing”, regulated by personal moral rules. These rules,
although personal, are largely unified amongst the group and with
the focus of the media consumption here; the music and its sharing,
they were based on the division between local (South African) and
foreign music. Foreign music that was mentioned in all the
interviews was North American popular music. The more logical, but
and labels and corporate industry does not qualify as the deciding
factor. This may be due to the lack of knowledge on the industry
politics or due to the more expensive price of international music, but
also the experience of music is often more emotional than strictly
29 Copyleft: How does the media production and consumption of the political left relate to copyrights?
rational. These personal moral rules override the copyright laws
which no one interviewed followed as they are written.
consumption does not respect copyrights, but it does respect the
rights of the artist. Instead of anarchist, the practices are very
structured and organised, only not in a way the laws envisioned
them. Many of the practices may be ignoring the law (letting
against it (sharing music), but most of it is thoroughly thought of and
follow some kind of ethics.
30 Copyleft: How does the media production and consumption of the political left relate to copyrights?
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http://www.newmusicstrategies.com/2008/07/19/how-long-should-music-copyright-
be/[Last accessed 20 October 2009]
33 Copyleft: How does the media production and consumption of the political left relate to copyrights?