By now, anyone who might have been tempted to add an assertion of copyright ownership requiring “written consent” to reuse the content of their Facebook posts has hopefully been disabused of its efficacy and/or legal standing, thanks to multiple disavowals in commercial and social media, as well as innumerable comments within Facebook itself. Bogus memes like this one circulate and are debunked quickly, which means on one hand that the internet is doing its job; on the other hand, I’ve been disappointed by the lack of reflection on the cultural circumstances giving rise to this particular meme and the conservative ideology reflected in its denunciations by individuals, social media and commercial outlets alike.
From ABC news to Wired.com, debunkers have authoritatively declared the impossibility of overriding Facebook’s basic user agreement, citing the company’s own refutation, which reasserts that users retain ownership of their intellectual property for content posted to the site. “You’ll be happy to know,” says today’s Time magazine tech site, “the company’s making it clear that you — not Facebook — own your content, period.” Facebook’s official response to the “meme” strikes a similarly reassuring tone:
There is a rumor circulating that Facebook is making a change related to ownership of users’ information or the content they post to the site. This is false. Anyone who uses Facebook owns and controls the content and information they post, as stated in our terms. They control how that content and information is shared. That is our policy, and it always has been.
In this brief (i.e., easily circulated) “fact check,” Facebook does not bother to highlight the fact that rather than asserting “ownership” of content posted to the social network, their stated terms instead grant them a transferable license to *use* anything posted by its hundreds of millions of users any way they want, royalty-free, worldwide until it is deleted by you *and* everyone you shared it with.
So what’s the difference between this type of blanket, essentially irrevocable, licensing agreement and what we still laughably refer to as “ownership”? Reassuring users that Facebook does not assert “ownership” is an absurd prevarication that only has currency on an ideological level. Yes, you still “own” the “copyright” to your “IP” but if there is money to be made off of something posted to Facebook, you have already given them the right to do so without paying you a cent (remember “royalty-free”?). In the unlikely event something you posted turns out to have commercial value, Facebook can also sell the right to use it to a third-party to exploit it in a worldwide market (remember “transferable” and “worldwide” from your users’ agreement?), again without owing you a cent.
But I’m not actually interested in any of that. What interests me is our willingness to engage in conversations about — and adhere to systems that serve the interests of — a lottery-like system of extreme individual reward at the expense of a shared cultural good. I am talking, of course, about the difference between open and closed models of cultural production, and the fact that the dominant ideology of American culture continues to favor the latter, even when delivered over a technological infrastructure that uniquely facilitates the former.
In other words, the overwhelming discourse surrounding the “Facebook copyright meme” is mendaciously predicated on the possibility that someone is sooner or later going to get fabulously wealthy by exploiting our *individual* images, words, sounds or ideas. Focusing on the terms under which such a billion-to-one occurrence will get monetized deflects awareness away from the obvious fact that the value of Facebook lies in its efficient mobilization of a vast, collective network, not any one contribution to it. More importantly, every single day we consent to the rules and expectations imposed by corporate and legal institutions such as this one. If the dominant ideology of such a system revolves around repeated assertions and refinements of terms of ownership, monetization and control, then users will continue to act accordingly, protecting their “intellectual property,” sharing only when they are assured of not getting ripped off by other community members or their imputed corporate overlords.
So what really happens when a meme like this rises to prominence? A few people get to look smart by making others look dumb for buying into the hoax and misunderstanding both the nature of copyright law and their agreement with Facebook. Facebook gets to look generous and fair by disavowing the rumor that it is evil and trying to take away “ownership” of its users’ “content.” The smart people mimic what they have read about copyright law and we all, once again, function as obedient drones of the copyright industries’ public relations machine.
Does the popularity of this meme suggest that there is a problem with Facebook’s royalty-free licensing agreement with users? Maybe. Google had to nuance some of its royalty-free uses of YouTube videos in response to uploaders expressing their feelings of being exploited. Perception, in these cases is as important as reality and clearly there is some sector of Facebook’s users who is ready to believe that people — especially “open capital” corporations — are out to profit from their ideas. Now I get it! We’re talking about piracy — but for once, we get to be the injured innocents instead of the scurvy dogs!
For over a decade, we have all been bombarded by the copyright industries’ discourse of “piracy” (bad) vs. copyright (good) such that this binary has become second nature, a default position that dominates cultural discourse about ideas and ownership so effectively that we rarely even notice it’s happening. We speak this ideology every time we ask a remix artist how they got away with asserting basic fair use rights or stop ourselves from reusing images, sound or video for fear of incurring the wrath of a corporate legal department or its automated takedown trolls.
Facebook, by this logic, is out to “pirate” our content, taking it away from “us” the true owners, and the meme text encourages us to “declare that my copyright is attached to all of my personal details, illustrations, graphics, comics, paintings, photos, and videos, etc.” Copyright law, however imperfectly expressed it might be here, rides in to rescue our ideas! Although it is temporarily reversed, the “piracy” dichotomy is preserved and copyright is elevated as the hero of our personal struggle against profiteering corporations! Freedom, creativity, private ownership, and corporate beneficence all triumph in the name of copyright!
So who loses? Gullible fools (i.e., not me!) and “conspiracy theorists” — those who are either not cool enough to know their memes or not skeptical enough to separate smart conspiracy theories from dumb ones. Regardless, the winner of this meme and its debunkers remains an utterly conventional and individually disempowering model of copyright and intellectual property ownership.
I confess that when I first heard about Facebook users being encouraged to add text to their posts that would override the default copyright agreement, I naively assumed that the goal was to encourage greater sharing and openness, perhaps through the use of Creative Commons (CC) licenses. But after reading repeated denunciations of a user’s ability to override Facebook’s basic Terms of Service with the meme text, it seems clear that the attribution of a CC license would be deemed equally futile. In fact, the “smart people” denouncing the dumb ones in this meme frame their critiques with such condescension as to preclude any subsequent discussion whatsoever.
For example, Wired.com uses an image of a girl dressed in Harry Potter garb casting a spell to underscore its characterization of the copyright notice as “silly” and a “magic spell” (ironically the image used by Wired was posted on Flickr under a CC license that allows it to be circulated freely online without paying or seeking permission from its originator!). Snopes, likewise refers to the text as a “legal talisman.” A meme, once so aggressively debunked, does not get a second chance; to even continue the conversation risks putting you on the wrong side of the smart/dumb divide.
In either case, the end lesson remains the same and is flatly stated by Wired’s Ryan Tate:
A blunter way of summarizing the situation is to explain that if you want to use Facebook, you must play by Facebook’s rules, even when they change. If you don’t want to play by Facebook’s rules anymore, you must quit Facebook. The idea of remaining on Facebook but playing by your own rules via magic spells is a fantasy. Stay on Facebook or leave Facebook. There is no third option.
Time is only slightly more nuanced:
If you have a problem with Facebook’s privacy policies, you can either stick it out and lobby for Facebook to amend its terms, or you can quit Facebook.
So these are the options offered by the smart people: agree to Facebook’s terms, sign a petition that probably won’t do any good, or register an even more meaningless protest by taking your business elsewhere. This last option should not be entirely discounted, of course, but the historical metaphor of refusing to buy from a retailer where one has been mistreated hardly holds in the case of a billion-user system like Facebook. However you slice it, the prospect of a collective response is deeply muted by the ideology of individual action as the only — and ironically fundamentally hopeless! — course available.
The option that goes unmentioned is, of course, to initiate or participate in a collective action against Facebook. Organizing a boycott or an information campaign to prompt smart, public discussion of the real issues underlying copyright, privacy and ownership remains a viable option — particularly by taking advantage of the deliberate spreadability of social media via sites such as this one — and one that should not be reduced to a simple smart/dumb binary.
(originally posted on Facebook 11.27.12)Posted by sanderson in blog on Nov 30th, 2012