What Is This “CopyLeft” Thing?
- January 13th, 2010
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In a couple places I refer to something called “Copyleft“. While the term–and the concepts behind it–goes back almost 40 years, it’s only been in the past few that it’s really gained a popular, mainstream, following.
As technology has made it easier for people to share, modify, and make copies of “intellectual property”, special interest groups have pushed for stricter and stricter interpretations of copyright law. The US Constitution says “The Congress shall have Power [. . .] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Until the latter part of the 20th century, copyrights were short (28 years, with a 28 year renewal option). Then, in 1976, Congress extended copyrights to 75 years or 50 years after the creator’s death. In 1998, Congress extended them to 120 years, or 70 years after the creator’s death. Under the current, strict interpretations of copyright, this means it’s possible you couldn’t make a copy of your wedding photos (shot today by a 20-year-old photographer) until somewhere around the year 2180. Your grand-children couldn’t scan a copy of your 170-year-old photo and post it on their geneology website. They couldn’t share it with their family, donate it to a museum, or do anything other than hand it on the wall in their house.
Strict adherents to copyright insist that you, as a consumer, aren’t allowed to do anything with a copyrighted work except use it the way they say you can.
Copyleft rejects that idea–to varying degrees.
Over the past decade or so, copyleft licenses have met with a large number of legal challenges–which they have one. This has established a legal precedent which means that people like me can feel secure using these licenses for our businesses.
People like me believe that you shouldn’t need to ask for special permission to use the things you’ve bought in the ways you want you. However, we still want to be able to say that there are things you’re not allowed to do with our work.
In my eyes, I’m a photographer. I get paid to take photos. I’m not a print shop. I don’t want to spend the time and effort to make 300 wallet-sized copies of the same photo. And I certainly don’t want to waste time tracking people down to see if they went to the local pharmacy chain and made a couple copies to send off to Aunt Martha and Grandma Betty.
On the other hand, if you’re using these photos to make money… I expect proper compensation.
That’s fair, right?
So, when you shoot with me, you’re given explicit rights to make copies of your photos, to share them with friends, to upload them to your personal websites, to use them in your yearbook or church directory–all the normal things that people do with photos of themselves. You can take them to whomever you wish to get copies made–from a professional lab to a photo kiosk in the mall. And if, in 50 years, your children want to make copies, they don’t have to try and hunt me down to ask for permission: They’ll already have it.
For me, copyleft means I can spend my time being creative rather than worrying about Aunt Martha getting an “unorthorized copy” of your family photo.






