The Art of the Creative Commons: Openness, Networked Value and Peer Production in the Sound Industry

227 Pages·2022·1.598 MB·English

by  Miłosz Miszczyński

The Art of the Creative Commons
Studies in Critical Social Sciences

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David Fasenfest
(Wayne State University)
volume 214
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Alfredo Saad- Filho
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Fiona Tregenna (University of Johannesburg)
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Michelle Williams (University of the Witwatersrand)
volume 16
The titles published in this series are listed at brill.com/n spe
The Art of the

Creative Commons
Openness, Networked Value and Peer
Production in the Sound Industry
By
Miłosz Miszczyński
LEIDEN | BOSTON
Cover illustration: Bust of Karl Marx, 1939, by S.D. Merkurov, at the Fallen Monument Park (Muzeon Park of
Arts) in Moscow, Russia. Photo courtesy of Alfredo Saad- Filho.
Library of Congress Cataloging-in-Publication Data
Names: Miszczyński, Miłosz, author.
Title: The art of the creative commons : openness, networked value and
peer production in the sound industry / by Miłosz Miszczyński.
Description: Leiden ; Boston : Brill, [2022] | Series: Studies in critical
social sciences, 2666-2205 ; volume 214 | Includes bibliographical
references and index.
Identifiers: LCCN 2021061950 (print) | LCCN 2021061951 (ebook) |
ISBN 9789004504233 (hardback) | ISBN 9789004504240 (ebook)
Subjects: LCSH: Cultural industries. | Intellectual property and creative ability.
Classification: LCC HD9999. C9472 M57 2022 (print) | LCC HD9999. C9472 (ebook) |
DDC 338.4/77–dc23/eng/20220103
LC record available at https://lccn.loc.gov/2021061950
LC ebook record available at https://lccn.loc.gov/2021061951
Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/b rill- typeface.
issn 2666- 2205
isbn 978- 90- 04- 50423- 3 (hardback)
isbn 978- 90- 04- 50424- 0 (e- book)
Copyright 2022 by Miłosz Miszczyński. Published by Koninklijke Brill nv, Leiden, The Netherlands.
Koninklijke Brill nv incorporates the imprints Brill, Brill Nijhoff, Brill Hotei, Brill Schöningh, Brill Fink,
Brill mentis, Vandenhoeck & Ruprecht, Böhlau and V&R unipress.
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This book is printed on acid- free paper and produced in a sustainable manner.
To Emma and Max
∵

Contents

A cknowledgements ix
L ist of Illustrations x
I ntroduction
The Art of the Creative Commons 1
1 C reative Industries: Opening Copyright with Open Licensing 3
2 C reative Commoning: Commons- Based Peer Production and
Networked Value of Objects 8
3 S ound Industry and FreeSound.org 12
4 S tudying the Art of the Creative Commons 15
5 T he Structure of the Book 18
1 M anaging and Organizing Openness in the Digital Economy 22
1 O penness in Business Strategy and Operations 26
1.1 Open Innovation 26
1.2 Open Business 31
2 P articipatory Cultures 33
2.1 Open Capital 33
2.2 Open Production 37
3 O penness in Public Policy 41
3.1 Open Data Movement 42
3.2 Open Scholarship 43
3.3 Open Government 47
2 C ultural, Legal and Organisational Foundations of Digital Commons and
Peer- Production 50
1 C ulture of Resistance and the Roots of the Digital Commons 52
2 O pen Licensing: The Legal Foundations of Digital Commoning 56
3 P rinciples of Digital Peer Production 60
3 C reative Commons
Political Economy of Creative Peer- to- Peer Production 65
1 T he Basic Framework of Copyright in Creative Industries 66
2 C reative Industries’ Crisis in the Digital Era 70
3 O pening Creative Industries: Creative Commons as a Remedy to
Restrictiveness of Copyright 74
4 C reative Commons: Alternative Production and Distribution in
Sound Industry 80
viii Contents
4 C reative Commons
Peer- Production and the Quest for Networked Value 84
1 M etadata and Content Annotation 87
2 S ound Scenes and Their Cross- Fertilisation 92
3 G rowing Commons: Providing Representation for Underrepresented
Sound 94
4 S haring Building Blocks: On a Search for Use Value of Content 101
5 T he Art of Commoning and Content in Context 107
1 T echnical Quality and Context 111
2 O penness and Artistic Experimentation 117
3 S ound Commoning and a Sense of Community 121
6 A cknowledging Authorship
Attribution in the Market Context 127
1 A ttribution and Reputation 130
2 W aiving Attribution 134
3 V iolation of Creative Commons License 138
4 P ublic Domain (cc- 0) as a Response to Limitations of
Protection 145
5 C onclusion 149
7 A rt for Art’s Sake? Commodifying the Commons 152
1 S ymbolic Unity of Creative Commons and Creative Industries 154
2 M ultiple Channel Content Sales 159
3 F reemium Mode of Sound and Related Products 163
4 E xclusivity of Access and Intermediation 166
5 C uration and Automated Integration 170
6 C onclusions 173
C onclusion
The Art of the Creative Commons 175
1 C reative Commons and the Opening of the Creative Industries 176
2 N etworked Value and the Commons 179
3 A rtistic Work through Commons- Based Production 180
4 C reative Commons in the Political Economy of the Creative
Industries 182
5 F uture Research on the Art of the Commons 184
B ibliography 187
I ndex 214
Acknowledgements

The research for this book was realized as a funded project “The Open Licensing
Model and Re- organisation of the Creative Industry” of the National Science
Centre, Poland (no. 2017/ 26/ d/ hs4/ 00183). I would like to express my grati-
tude for the financing as well as constructive support of reviewers of this grant
project.
This book would not have been possible without the help of Frederick Font
from the Music Technology Group at the Pompeu Fabra University (upf) in
Barcelona. I am grateful for access to the respondents allowing me to study
FreeSound. I would like to also thank all participants of our earlier project
in which I worked as a Research Fellow: “AudioCommons”, funded by the
European Commission through the Horizon 2020 programme, research and
innovation grant 688382. The early, theoretical work on this book, was done
during my Fellowships at the University of Oxford’s Institute of Social and
Cultural Anthropology and University of Surrey’s Centre for Digital Economy
(2015– 2017). I would like to thank all their members for unforgettable experi-
ence and exposure to a variety of perspectives and approaches to academia.
I would like to express special gratitude to European Group for Organizational
Studies’ research groups. They discussed my manuscript during a number of
sessions focusing on open innovation, peer production and creative indus-
tries. Your feedback and continuous remarks supported the development of
this manuscript. Similar thanks to all anonymous reviewers who have peer-
reviewed my texts on commoning and commons, enriching my work with new
perspectives, literatures and creative impulses.
I would like to thank my colleagues at Kozminski University, who have sup-
ported me on multiple levels. Andrzej Koźmiński, Dominika Latusek- Jurczak
and Tomasz Olejniczak were the readers of the early draft of this manuscript.
Their genuine interest and honesty have greatly influenced the quality of my
analysis. The research office of Kozminski University was extremely accommo-
dating and supporting, with Anna Tybuś- Kamela Andrzej Krzyżewski, provid-
ing a wonderful administrative support of the funded project.
Lastly, I would like to acknowledge the unique circumstances of working on
this book. Two pandemic years with a lot of unexpected events produced new
types of challenges. I would like to thank my wonderful wife, Emma Greeson
for the never- ending love and support and my almost two- year- old son, Max,
for the most joyful moments in my life (and making sure all the wheels in our
house spin fast enough).
newgenprepdf
Illustrations

Figure
1 S teps prior to sound upload on FreeSound 86
Tables
1 F ive open science schools of thought 45
2 C reative commons license application on major sound and music
platforms 82