Nina, maybe you want to consider putting a special message at the beginning (end, middle, every 20th frame, whatever...) of Sita Sings the Blues that says it will be removed from Netflix in 1 year if Netflix does not add a DRM free option or when 10,000,000 fans register at some site.
That would compromise the quality of the film. And I'm not interested in trying to "strong-arm" Netflix: I like Netflix, and I have weak arms. I just want a non-DRM streaming option. Netflix good, DRM bad.
It's possible Netflix is open to offering non-DRM options, but that the aggregator did not give me access to sympathetic parties because she had no interest in solving the problem. If you're reading this, Netflix problem-solvers, please contact me! I come in peace! Take me to your leader!
Of course, what would really clinch it would be the source code to SStB.
I don't think your morals are compromised. I use all kinds of proprietary crap, like the Mac and Flash software I used to make "Sita" in the first place. As a consumer, I often choose convenience - it's what we consumers do!
As an artist ("content creator") I was given an unusual opportunity to endorse or refuse DRM'ed distribution of "Sita." You're not in that situation at all.
Indeed, Netflix SHOULD profit! In fact, once they do start offering streams without DRM, they can LEGALLY carry "Sita" without paying me a dime, per the CC Share Alike terms, which ENCOURAGE commercial use. It would be nice if they shared money with me too - my Endorsement has commercial value, as does dealing with artists fairly - but "Sita" demands no additional permissions or revenue sharing to be commercially distributed.
Unfortunately all the transactions went through the aggregator, who had little motivation to solve the problem (and possibly no understanding of the problem - not her department). I asked for a direct contact with Netflix and the aggregator said no - that she was conveying all my requests to them. So don't be too hasty to blame this all on Netflix. The aggregator system adds a lot of noise. It also absorbs a lot of money that could be reaching artists.
Gino, what you write makes a lot of sense - that's why this was a difficult decision for me. I love everything about Netflix's on-demand service except for the compulsory DRM.
You're especially right that 95% of the world (probably more) has no interest in copying, remixing, or distributing movies they see - they just want to watch them. Which is why DRM is not essential to selling streaming services.
As many have said, the DRM is on Netflix's service because the studios demanded it, not because it's essential to Netflix's business model. And now here I am, a teeny-weeny micro-studio, "demanding" (not that I have any power) a non-DRM option. Maybe they'll offer it some day!
Meanwhile, let me be explicit: I like Netflix. I'm very glad they carry my physical DVDs. I'm not trying to launch a protest against Netflix. Protest DRM, sure, but remember Netflix still offers real, physical DVDs for rent - and when you rent "Sita," you can do whatever you want with that DVD, because there's no encryption on it. Just return it in good condition when you're done.
Ugh, I don't believe in "the right of the creator to determine who does what with their content." Seriously. THAT'S why I oppose DRM. Ironically, in our copyright-by-default world, the most effective way to resist copyright is through copyleft, which restricts peoples' "freedom" to restrict people's freedom. Likewise my resisting DRM is a kind of restriction against restrictions. I wish there were no restrictions at all; there should be no "right" to restrict. But as long as restrictions are the default, restricting restrictions is the closest we can come to not restricting at all.
No, it's because they don't know or don't care about synch rights; and that's a GOOD thing. The main enforcement of synch rights is in broadcast, theater, and mainstream distribution: no carrier will allow the work to pass without extensive documentation showing all rights are cleared. Fortunately that is not the case with online video. Anyone can upload anything, and then wait for a takedown notice, if one ever arrives. Infringement-seeking bots are not yet smart enough to recognize creative covers; they match recordings. So videos with creative covers are unlikely to attract notice and get taken down.
This is a GOOD thing; it allows a lot of art to flourish between the enforcement cracks. But yes, the Pomplamoose videos are violating copyright. If copyright were enforced online the way Big Media wants it to be, there would be no Pomplamoose videos.
I should add that synch licenses, because they're not regulated like mechanical licenses, are phenomenally expensive. Crazy expensive. Rights holders are also under no obligation to grant permission. Their main purpose is to make it impossible for independent producers to function; they're primarily anti-competitive.
In comparison mechanical licenses are very easy. Rightsholders can't prohibit anyone from making audio covers; payments are regulated and can be made through the Harry Fox Agency. But once you have video involved, you're at the mercy of the monopolists.
Finally, "covers" don't matter, since synch licenses are for the compositions. You may be confusing them with "master" or "performance" licenses.
Absolutely synch rights apply - to their VIDEOS. Even if you give videos away for free, if you don't pay for synch licenses, you're infringing copyright. That's why I couldn't legally give Sita away for free without paying tens of thousands of dollars - and only after paying costly intermediaries.
Good thing they don't know about synch rights. I mean that - if they did, and therefore didn't release their great videos without clearing them, there would be no great Pomplamoose videos. Synch licenses are the devil, and aren't regulated or statutory like mechanicals. They are pretty much impossible for small productions to manage, and are designed to keep independent filmmakers out of the game. Ignoring them entirely really is the only way to release great videos like theirs!
Stephan Kinsella wrote about this in Against Intellectual Property, published by the Von Mises Institute. These are libertarians who consider real property sacred, and condemn IP for degrading real property rights.
The Red Letter reviews are among my favorite things on the intertubes. I think Mike Stoklasa could get a good Legal Defense Fund going if he merely asked. To watch his reviews is to love them, and that love means people would come to his defense. I'd contribute, if it came to that.
I also expect he could easily get a very good pro bono legal team, because such a case would set such an important precedent and garner so much publicity. So fight, Mike, FIGHT!!
Rall recently accused another cartoonist of "stealing his meme." Totally different drawing, different cartoon, much more likely parallel evolution than plagiarism. He actually used the phrase "ripped off my meme" in a public demonstration of not comprehending the concept of memes. It would be hilarious if he weren't serious. (The rare and precious "meme" in question was comparing Obama to Hello Kitty.)
Copyright was never designed to prevent plagiarism. I'm curious where you got that idea - citations please? You can read about the origins of copyright here.
On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM
Re:
That would compromise the quality of the film. And I'm not interested in trying to "strong-arm" Netflix: I like Netflix, and I have weak arms. I just want a non-DRM streaming option. Netflix good, DRM bad.
It's possible Netflix is open to offering non-DRM options, but that the aggregator did not give me access to sympathetic parties because she had no interest in solving the problem. If you're reading this, Netflix problem-solvers, please contact me! I come in peace! Take me to your leader!
Of course, what would really clinch it would be the source code to SStB.
"Source files" are here:
http://www.archive.org/details/Sita_Sings_the_Blues_Files
We need community help to make these source files more accessible:
http://www.freesoftwaremagazine.com/columns/save_sita_sings_blues_flash_format_can_you_ convert_fla
On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM
Re: you might be hypocritical in this case
On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM
Re:
As an artist ("content creator") I was given an unusual opportunity to endorse or refuse DRM'ed distribution of "Sita." You're not in that situation at all.
On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM
Re: Re: Re: Re:
Commerce good. Monopolies bad. I'm pro-commerce, people.
On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM
Re: Information in the description of the film
On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM
Re:
You're especially right that 95% of the world (probably more) has no interest in copying, remixing, or distributing movies they see - they just want to watch them. Which is why DRM is not essential to selling streaming services.
As many have said, the DRM is on Netflix's service because the studios demanded it, not because it's essential to Netflix's business model. And now here I am, a teeny-weeny micro-studio, "demanding" (not that I have any power) a non-DRM option. Maybe they'll offer it some day!
Meanwhile, let me be explicit: I like Netflix. I'm very glad they carry my physical DVDs. I'm not trying to launch a protest against Netflix. Protest DRM, sure, but remember Netflix still offers real, physical DVDs for rent - and when you rent "Sita," you can do whatever you want with that DVD, because there's no encryption on it. Just return it in good condition when you're done.
On the post: Nina Paley: My Decision To Turn Down Netflix Due To DRM
Re: Re:
On the post: Should We Allow Consumers To Sell Their Souls?
Re: That fine
On the post: Modest Success Is Still Success For Indie Bands
Re: Re: Re: Re: mechanical vs. synch rights
This is a GOOD thing; it allows a lot of art to flourish between the enforcement cracks. But yes, the Pomplamoose videos are violating copyright. If copyright were enforced online the way Big Media wants it to be, there would be no Pomplamoose videos.
On the post: Modest Success Is Still Success For Indie Bands
Re: Re: mechanical vs. synch rights
In comparison mechanical licenses are very easy. Rightsholders can't prohibit anyone from making audio covers; payments are regulated and can be made through the Harry Fox Agency. But once you have video involved, you're at the mercy of the monopolists.
Finally, "covers" don't matter, since synch licenses are for the compositions. You may be confusing them with "master" or "performance" licenses.
On the post: Modest Success Is Still Success For Indie Bands
Re: Re: mechanical vs. synch rights
http://en.wikipedia.org/wiki/Royalties#Synchronization_royalties
On the post: Modest Success Is Still Success For Indie Bands
mechanical vs. synch rights
On the post: Is Intellectual Property A Violation Of Real Property?
Kinsella / Von Mieses
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Red Letter Legal Defense Fund
I also expect he could easily get a very good pro bono legal team, because such a case would set such an important precedent and garner so much publicity. So fight, Mike, FIGHT!!
On the post: Give It Away And Pray: Maybe Not A Business Model, But Still Important For Artists
Re: Re: Question for Nina
http://questioncopyright.org/creator_endorsed
And you can get the .fla source files here:
http://www.archive.org/details/Sita_Sings_the_Blues_Files
Basically you can do whatever you want with "Sita", without my permission, but Endorsed projects have a competitive advantage in the marketplace.
On the post: Give It Away And Pray: Maybe Not A Business Model, But Still Important For Artists
Re:
http://blog.ninapaley.com/2009/12/07/correction-again/
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Re: Re: communication is communication
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Bring Your Own Irony
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Re: Re: Here's the reply you'll get...
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