Bibliography for the FLOK Society Transition Project

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Adler, P. and Heckscher, C. Towards Collaborative Community. Chapter 1, draft of: Corporation as a Collaborative Community. URL: Retrieved June 20, 2011

Aguiton, C. and Cardon, D. 2007. The strength of Weak Cooperation. Communication & Strategies, No. 65, 1st Quarter 2007. Excerpt on the thesis: Contemporary Individualization is Relational, via: Retrieved June 20, 2011

Arias, E. , Eden, H. et al. 2000. Transcending the Individual Human Mind. Creating Shared Understanding through Collaborative Design. ToCHI submission. URL: . Retrieved June 20, 2011

Atlee, Tom. 2009, Strategic synergy between individual and collective. Tom Atlee's Posterous, October 14, 2009. URL: Retrieved June 20, 2011

Bar-Yam, Y. 2002. Complexity Rising: From Human Beings to Human Civilization, a Complexity Profile. Reproduced from: Encyclopedia of Life Support Systems (EOLSS, Oxford, 2002). URL: Retrieved June 20, 2011

Bauwens, M. 2006. Introduction on Individuality, Relationality, and Collectivity. P2P Foundation Wiki. URL:,_Relationality,_and_Collectivity. Retrieved June 20, 2011.

Bauwens, M. 2006. Peer production in an integral and intersubjective framework. Integral World, 2006. Originally written for the Conference of the Association for Critical Realism. Tromse, 2006. URL: . Retrieved June 20, 2011

Bauwens, M. 2007. Passionate Production and the Happiness Surplus. International Conference. On “Happiness and Public Policy”. United Nations Conference Center (UNCC) Bangkok, Thailand. 18-19 July 2007. URL: . Retrieved June 20, 2011.

Bauwens, M. 2008. Peer to Peer | The New Relational Dynamic. Kosmos Journal. Spring | Summer 2008. Access via ToC:

Bauwens, M. with Arvidsson, A. and Peitersen, N. 2008. The Crisis of Value and the Ethical Economy. Journal of Futures Studies, May 2008, 12(4): 9 – 20. URL: Retrieved June 20, 2011.

Bauwens, M. with Father Vincent Rossi.. Dialogue on the Cyber-Sacred and the Relationship Between Technological and Spiritual Development. In Cybersociology. Issue Seven: Religion Online & Techno-Spiritualism. September 1999. Retrieved from

Bechler, R. 2009. Unselfish Individualism. Open Democracy, September 10, 2009. URL: Retrieved June 20, 2011.

Belden, D. 2009. A Collective Awakening? Buddhist Reflections on Copenhagen. Tikkun Daily, December 16th, 2009. URL: . Retrieved June 20, 2011. Contains excerpt from David Loy, “On the Relationship between Individual and Collective Awakening”. URL: Retrieved June 20, 2011.

Benkler, Y. and Nissenbaum, H. Commons-based Peer Production and Virtue. The Journal of Political Philosophy: Volume 14, Number 4, 2006, pp. 394–419. URL: Retrieved June 20, 2011.

Daniels, M. 2009. Perspectives and vectors in transpersonal development. Michael Daniels. Transpersonal Psychology Review, Vol 13, No. 1, 87-99. (April, 2009). Excerpt: The Difference between Descending Depth-Psychological vs. Relational-Participatory Extending Aprroach to Spirituality. URL: Retrieved June 20, 2011.

De Landa, M. n.d. Meshworks, Hierarchies, and Interfaces. Zero News Datapool. URL: . Retrieved June 20, 2011.

Deresiewicz, W. 2009. The End of Solitude. The Chronicle Review, January 30, 2009. URL: Retrieved June 20, 2011.

Fiske, Alan P. 1992. The Four Elementary Forms of Sociality: Framework for a Unified Theory of Social Relations. Psychological Review, 99:689-723

Fox, J. Virtue. 2008. The 'Commons', and all things computer. P2P Foundation Wiki. URL: Retrieved June 20, 2011.

Hartzog, P. 2007. Oneness, Nihilism, and the Multitude. P2P Foundation wiki, October 17, 2010. URL:,_Nihilism,_and_the_Multitude. Retrieved June 20, 2011.

Hopkins, J. 2007. In The Presence of Networks: A Meditation on the Architectures of Participation. Presentation for the Pixelache 2007 festival publication), Helsinki, 17 March 2007. Excerpt via: Retrieved June 20, 2011.

Jurgenson, N. 2011. Digital Dualism versus Augmented Reality. Cyborgology blog, February 24, 2011. URL: Retrieved June 20, 2011.

Lahood, G.A. 2010. Paradise Unbound. Relational Spirituality and other Heresies in New Age Transpersonalism. G. A. Lahood . Draft of paper submitted The International Journal of Transpersonal Studies. URL: Retrieved June 20, 2011.

Logan, R. 2009. The Suppressed Ideas of Kropotkin on Evolution . Trust is the only Currency blog, October 25, 2009. URL: Retrieved June 20, 2011.

Noubel, J.F. 2008. Collective Boddhisattvas.. Kosmos Journal, Spring 2008. URL: . Retrieved June 20, 2011. Excerpt: Creating Invisible Architectures for Collective Wisdom. URL: Retrieved June 20, 2011.

Olson, G. 2008. We Empathize, Therefore We Are: Toward A Moral Neuropolitics. Znet, January 18, 2008. URL: Retrieved June 20, 2011.

Penzin, A. The Soviets of the Multitude: On Collectivity and Collective Work: An Interview with Paolo Virno. Mediations, Vol. 25, No. 1, n.d. Excerpt, Paolo Virno on Collectivity and Individuality. URL: Retrieved June 20, 2011

Pollard, D. 2009. What It Means to Be Human: Being Covalent Instead of Ambivalent About Community. How To Save the World blog, August 13, 2009. URL: Retrieved June 20, 2011.

Pollard, D. 2007. The Dynamics of Social Networks. How To Save the World blog, July 26, 2007. URL: Retrieved June 20, 2011.

Postle, D. 2010. Honouring the Psychological Commons: Peer to Peer Networks and Post-Professional Psychopractice. AN eIPNOSIS REVIEW. March 8, 2010 URL = . Retrieved June 20, 2011.

Spivack, N. 2008. Towards Healthy Virtual Selves for Collective Groups. P2P Foundation Wiki, 1 November 2008. URL: Retrieved June 20, 2011.

Stewart, J. 2006. The Future Evolution of Consciousness. ECCO Working paper, 2006-10, version 1: November 24, 2006. URL: Retrieved June 20, 2011.

Whitworth, Brian and Alex. 2010. The social environment model: Small heroes and the evolution of human society. First Monday, Volume 15, Number 11 - 1 November 2010 URL = Retrieved June 20, 2011.

Zubizarreta, R. 2006. Primary vs Secondary Individual-Group Mentality. P2P Foundation Wiki, July 2, 2006. URL: Retrieved June 20, 2011.



3Tapscott Don et al. Wikinomics

  1. Christian Siefkes: From Exchange to Contributions: alternative proposal for an effort-sharing/task-auctioning based system of organizing the economy
  2. Brafman, Ori and Rod A. Beckstrom, The Starfish And the Spider: The Unstoppable Power of Leaderless Organizations, Portfolio, 2006.
  3. Chesbrough, Henry, Open Innovation — The New Imperative for Creating and Profiting from Technology, Harvard Business School Press, 2003.
  4. Li, Charlene and Josh Bernoff, Groundswell: Winning in a World Transformed by Social Technologies, Harvard Business School Press, 2008.
  5. Malone, Thomas W. et al, 1) Inventing the Organizations of the 21st Century, MIT Press, 2003; 2) Coordination Theory and Collaboration Technology, Erlbaum, 2001.
  6. Mulholland, Andy et al, 1) Mesh Collaboration, Evolved Technologist, 2008l 2) Mashup Corporations: The End of Business as Usual, Evolved Technologist, 2008.
  7. Thompson, Ken. Bioteams: on Bioteaming
  • The Mesh: Why the Future of Business is Sharing Lisa Gansky. Portfolio / Penguin Group, FALL 2010
  • What's Mine is Yours: The Rise of Collaborative Consumption, by Rachel Botsman and Roo Rogers (Fall, HarperCollins), 2010
  1. Hayes, Tom, Jump Point: How Network Culture is Revolutionizing Business, McGraw-Hill, 2008.
  2. Howe, Jeff, Crowdsourcing: Why the Power of the Crowd Is Driving the Future of Business, Crown Business, 2008.
  3. Kelly, Kevin, New Rules for the New Economy, Penguin, 1999.
  4. Fingar, Peter, and Ronald Aronica, Dot Cloud. Meghan-Kiffer Press, 2009.


  1. Chayko, M. 2002. How We Form Social Bonds and Communities in the Internet Age. Albany, New York: State University of New York Press.
  2. de Waal, F. 2009. The Age of Empathy: Nature's Lessons for a Kinder Society. Harmony Books.
  3. Fiske, Alan P. 1991a. Structures of Social Life: The Four Elementary Forms of Human Relations. New York: Free Press.
  4. Fox, j. 2007. Digital Virtues,, ID:1021109
  5. Himanen, P. 2002 The Hacker Ethic and the Spirit of the Information Age. Random House.
  6. Hjalmarson, J. and La Grou, J. 2008. Voices of the Virtual World: Participative Technology and the Ecclesial Revolution. Wikkiklesia Press.
  7. Henrich, Natalie and Joseph. 2007. Why Humans Cooperate: A Cultural and Evolutionary Explanation. Oxford University Press.
  8. Heron. j. 2006. Participatory Spirituality: A Farewell to Authoritarian Religion, Lulu Press.
  9. Kane, P. 2004.. The Play Ethic. A Manifesto for a different way of living. Macmillan.
  10. Keltner, D., Marsh J. et al. 2009. The Compassionate Instinct: The Science of Human Goodness, WW Norton.
  11. Kumar, S. You are Therefore I am: A Declaration of Dependence. Green Books, 2002
  12. Lo, A. 2008. Open collaboration. Lulu. URL = . Retrieved June 20, 2011.
  13. Rifkin, J. 2009. The Empathic Civilization: The Race to Global Consciousness. In A World In Crisis. New York: Jeremy P. Tarcher/Penguin.
  14. Tomasello, M. 2009. Why We Cooperate. Boston Review Books.
  15. Turke, Sherry. 2010. Alone Together: Why We Expect More From Computers and Less From Each Other. Basic Books.
  16. Turow, J. and Tsui, L. Eds. 2008. The Hyperlinked Society: Questioning Connections in the Digital Age. Joseph #Turow and Lokman Tsui, Editors. Ann Arbor: University of Michigan Press.
  17. Watts, D. 2003. Six Degrees: The Science of a Connected Age. Watts, Duncan. Norton Press.
  18. Vedro, S. 2007. Digital Dharma. A User’s Guide to Expanding Consciousness in the Infosphere. Steven R. Vedro. Quest Books.
  19. Wilkinson, P. and Pickett, K. 2009. The Spirit Level: Why Greater Equality Makes Societies Stronger. Bloomsbury Publishing, 2009
  20. Willson, M. 2006. Technically Together: Rethinking Community within Techno-Society. New York: Peter Lang Publishing.
  21. The Compassionate Instinct: The Science of Human Goodness, coedited by Dacher Keltner, Jason Marsh, and Jeremy Adam Smith (January, WW Norton), 2009
  22. Why We Cooperate, by Michael Tomasello (Boston Review Books), 2009
  23. The Age of Empathy: Nature's Lessons for a Kinder Society, by Frans de Waal (Harmony Books), 2009


  1. Smart Mobs. Howard Rheingold
  2. The Play Ethic. By Pat Kane.
  3. Hacker Ethic. Pekka Himanen.
  4. Knowing Knowledge. George Siemens.
  5. Open Culture and the Nature of Networks. Ed. by Felix Stalder.
  6. Slow Living. Wency Parkins and Geoffrey Craig.
  7. Understanding Knowledge as Commons. Eleanor Ostrom et al.
  8. James Boyle. The Public Domain: Enclosing the Commons of the Mind. [1]
  9. Sharing and the Creative Economy: Culture in the Internet Age. Philippe Aigrain, 2010.


  1. Herman Daly on Steady-State Economics
  2. Roger Douthwaite's Short Circuit, a blueprint for a community-based economy
  3. Thomas Princen explains why we need to evolve to a Logic of Sufficiency
  4. Peter Brown: The [[Commonwealth of Life]


  • Education in the Creative Economy: Knowledge and Learning in the Age of Innovation. Edited by Daniel Araya & Michael A. Peters. Peter Lang, 2010. Collection of essays with a sizeable number of essays concentrating on p2p thematics.
  1. Knowing Knowledge. By George Siemens. An exploration of participative learning.
  2. Everything is Miscellaneous. By David Weinberger. How we are changing the way we organize knowledge.
  3. The Edu-factory Collective (eds) (2009) Toward a Global Autonomous University. Cognitive Labor, The Production of Knowledge, and Exodus from the Education Factory. New York: Autonomedia, 2009 [2]
  4. Wikiworld: Political Economy of Digital Literacy, and the Road from Social to Socialist Media. Juha Suoranta - Tere Vadén. [3]

Free and Open Source Software

  1. The Success of Open Source. Steven Weber.
  2. The Cathedral and the Bazaar. Eric Raymond.
  3. Open Life. Henrik Ingo.
  4. Perspectives on Free and Open Source Software. An MIT reader, 2005
  5. Hacking Capitalism. Johan Soderbergh.
  6. Decoding Liberation
  7. Decoding Liberation


  1. Wiki Government. How Technology Can Make Government Better, Democracy Stronger, and Citizens More Powerful. Beth Noveck. Brookings Institution Press, 2009: on the emergence of Collaborative Democracy,i.e. soliciting expertise from self-selected peers working together in groups in open networks


Selected from the Wikipedia [4]:

  • Silvia Federici, Caliban and the Witch: Women, the Body and Primitive Accumulation (Brooklyn: Autonomedia, 2004)
  • Peter Linebaugh, The Magna Carta Manifesto: Liberties and Commons for All (University of California Press, 2008)
  • Peter Linebaugh and Marcus Rediker, The Many-Headed Hydra: Sailors, Slaves, Commoners, and the Hidden History of the Revolutionary Atlantic (Boston: Beacon Press, 2000)
  • Hugo P. Leaming, Hidden Americans: Maroons of Virginia and the Carolinas (Routledge, 1995)
  • Geoff Kennedy, Diggers, Levellers, and Agrarian Capitalism: Radical Political Thought in 17th Century England (Lexington Books, 2008)
  • Christopher Hill, Winstanley ‘The Law of Freedom’ and other Writings (Cambridge University Press, 2006)
  • Christopher Hill, The World Turned Upside Down: Radical Ideas During the English Revolution (Penguin, 1984)
  • Richard Price editor, Maroon Societies: Rebel Slave Communities in the Americas (The Johns Hopkins University Press, 1979)
  • Kenneth Rexroth, Communalism: From Its Origins to the Twentieth Century (Seabury Press, 1974)
  • J.M. Neeson, Commoners: Common Right, Enclosure and Social Change in England, 1700—1820 (Cambridge University Press, 1996)
  • John Hanson Mitchel, Trespassing: An Inquiry into the Private Ownership of Land (Perseus Books, 1998)
  1. The Compassionate Instinct: The Science of Human Goodness, coedited by Dacher Keltner, Jason Marsh, and Jeremy Adam Smith (January, WW Norton), 2009
  2. Why We Cooperate, by Michael Tomasello (Boston Review Books), 2009
  3. The Age of Empathy: Nature's Lessons for a Kinder Society, by Frans de Waal (Harmony Books), 2009

Management and Leadership

  1. The Myth of Leadership. Jeffrey Nielsen.
  2. The Hacker Ethic. Pekka Himanen.
  3. The Play Ethic. Pat Kane.
  4. Cyberchiefs. By Mathew O'Neill. Excellent monograph with 4 case studies.
  5. Three Ways of Getting Things Done: modes of corporate governance

Peer Production

  1. The Wealth of Networks. Yochai Benkler.
  2. The Success of Open Source. Steve Weber.
  3. Democratizing Innovation. Erik von Hippel.
  4. Wikinomics. Don Tapscott.
  5. From Production to Produsage. Axel Bruns. (see the article on Produsage)
  6. Here Comes Everybody. Clay Shirky.
  7. Nowtopia: How Pirate Programmers, Outlaw Bicyclists, and Vacant-lot Gardeners are Inventing the Future Today. Chris Carlsson. AK Press, 2008
  8. The Pirate's Dilemma. Matt Mason.
  9. Capitalism 3.0. Peter Barnes.
  10. Hacking Capitalism. Johan Soderbergh
  11. The Long Tail. Chris Anderson.
  12. The Wisdom of Crowds. James Surowiecki.


  1. Code. Ed. by Rishab Ayer Ghosh.
  2. The Rule of Property. Karen Coulter.
  3. Common as Air. Lewis Hyde. 2010


  1. The Hacker Manifesto. McKenzie Wark.
  2. Massimo De Angelis: The Beginning of History. Value Struggles and Global Capital. Pluto, 2007: about the Commons as a political movement inaugurating a new era of history
  3. Cyber Marx. Nick Dyer-Whiteford.
  4. Gramsci is Dead. Richard Day.
  5. Code 2.0. Lawrence Lessig.
  6. Viral Spiral. David Bollier. An account of the emergence of the contemporary Commons movement
  7. Christopher Kelly. Two Bits, on the strategy of Recursive Publics
  8. Abstract Activism. Otto von Busch and Karl Palmås.
  9. Networking Futures. Jeffrey Juris, 'the bible of the autonomous movements'
  10. Netroots Rising. How a citizen army of bloggers and online activists is changing American politics. by Lowell Feld and Nate Wilcox. 2008
  11. Digital Activism Decoded. Ed. by Mary Joyce. Idebate Press, 2010 [5]
  • Neil Harvey, The Chiapas Rebellion: The Struggle for Land and Democracy (Duke University Press, 1998)


  1. Protocol and The Exploit: How Control Exists after Decentralization. Alexander Galloway et al.
  2. David Grewal: Network Power, how standards come about in non-free ways
  3. Theory of Power. By Jack Vail.


  1. Participatory Spirituality - A Farewell to Authoritarian Religion. By John Heron.
  2. Digital Dharma. Steven Vedro.
  3. A Reenchanted World: The Quest For A New Kinship With Nature by James William Gibson. Metropolitan Books,
  4. The Ascent of Humanity. Charles Eisenstein.
  5. The Participatory Mind


  1. The Future of the Internet - and how to stop it. Jonathan Zittrain on protecting a free and Generative Internet
  2. The Success of Open Source. Steven Weber on the governance of open source communities
  3. The Internet of People for a Post-Oil World. By Christian Nold and Rob van Kranenburg. Situated Technologies Pamphlets 8: Spring 2011 [6]
  4. Open-Source Lab: How to Build Your Own Hardware and Reduce Research Costs by Joshua Pearce


  • Raj Patel, The Value of Nothing (Portobello Books, 2010)


Bibliography on Peer Production by James Boyle

James Boyle:

"Distributed Creativity

The most remarkable and important book on “distributed creativity” and the sharing economy is Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (New Haven, Conn.: Yale University Press, 2006). Benkler sets the idea of “peer production” alongside other mechanisms of market and political governance and offers a series of powerful normative arguments about why we should prefer that future. Comprehensive though this book may seem, it is incomplete unless it is read in conjunction with one of Benkler’s essays: Yochai Benkler, “Coase’s Penguin, or, Linux and the Nature of the Firm,” Yale Law Journal 112 (2002): 369–446. In that essay, Benkler puts forward the vital argument—described in this chapter—about what collaborative production does to Coase’s theory of the firm.

Benkler’s work is hardly the only resource however. Other fine works covering some of the same themes include: Cass R. Sunstein, Infotopia: How Many Minds Produce Knowledge (New York: Oxford University Press, 2006), and Rishab Aiyer Ghosh, ed., CODE: Collaborative Ownership and the Digital Economy (Cambridge, Mass.: MIT Press, 2005), which includes an essay by me presenting an earlier version of the “second enclosure movement” argument. Clay Shirky’s recent book, Here Comes Everybody: The Power of Organizing without Organizations (New York: Penguin Press, 2008), is an extremely readable and thoughtful addition to this body of work—it includes a more developed version of the speech I discuss. Eric Von Hippel’s Democratizing Innovation (Cambridge, Mass.: MIT Press, 2005), is a fascinating account of the way that innovation happens in more places than we have traditionally imagined—particularly in end-user communities. In one sense, this reinforces a theme of this chapter: that the “peer production” and “distributed creativity” described here is not something new, merely something that is given dramatically more salience and reach by the Web. Dan Hunter and F. Gregory Lastowka’s article, “Amateur-to-Amateur,” William & Mary Law Review 46 (2004): 951–1030, describes some of the difficulties in adapting copyright law to fit “peer production.” Finally, Jonathan Zittrain’s The Future of the Internet—And How to Stop It (New Haven, Conn.: Yale University Press, 2008)—also relevant to Chapter 10—argues that if the democratically attractive aspects of the Internet are to be saved, it can only be done through enlisting the collective energy and insight of the Internet’s users.

* Free and Open Source Software

Free and open source software has been a subject of considerable interest to commentators. Glyn Moody’s Rebel Code: Linux and the Open Source Revolution (Cambridge, Mass.: Perseus Pub., 2001), and Peter Wayner’s Free for All: How Linux and the Free Software Movement Undercut the High-Tech Titans (New York: HarperBusiness, 2000), both offer readable and accessible histories of the phenomenon. Eric S. Raymond, The Cathedral and the Bazaar: Musings on Linux and Open Source by an Accidental Revolutionary, revised edition (Sebastopol, Calif.: O’Reilly, 2001), is a classic philosophy of the movement, written by a key participant—author of the phrase, famous among geeks, “given enough eyeballs, all bugs are shallow.” Steve Weber, in The Success of Open Source (Cambridge, Mass.: Harvard University Press, 2004), offers a scholarly argument that the success of free and open source software is not an exception to economic principles but a vindication of them. I agree, though the emphasis that Benkler and I put forward is rather different. To get a sense of the argument that free software (open source software’s normatively charged cousin) is desirable for its political and moral implications, not just because of its efficiency or commercial success, one should read the essays of Richard Stallman, the true father of free software and a fine polemical, but rigorous, essayist. Richard Stallman, Free Software, Free Society: Selected Essays of Richard M. Stallman, ed. Joshua Gay (Boston: GNU Press, 2002). Another strong collection of essays can be found in Joseph Feller, Brian Fitzgerald, Scott A. Hissam, and Karim R. Lakhani, eds., Perspectives on Free and Open Source Software (Cambridge, Mass.: MIT Press, 2005). If you only have time to read a single essay on the subject it should be Eben Moglen’s “Anarchism Triumphant: Free Software and the Death of Copyright,” First Monday 4 (1999), available at

* Creative Commons

Creative Commons has only just begun to attract its own chroniclers. Larry Lessig, its founder, provides a characteristically eloquent account in “The Creative Commons,” Montana Law Review 65 (2004): 1–14. Michael W. Carroll, a founding board member, has produced a thought-provoking essay discussing the more general implications of organizations such as Creative Commons. Michael W. Carroll, “Creative Commons and the New Intermediaries,” Michigan State Law Review, 2006, n.1 (Spring): 45–65. Minjeong Kim offers an empirical study of Creative Commons licenses in “The Creative Commons and Copyright Protection in the Digital Era: Uses of Creative Commons Licenses,” Journal of Computer-Mediated Communication 13 (2007): Article 10, available at However, simply because of the rapidity of adoption of Creative Commons licenses, the work is already dramatically out of date. My colleague Jerome Reichman and Paul Uhlir of the National Academy of Sciences have written a magisterial study of the way in which tools similar to Creative Commons licenses could be used to lower transaction costs in the flow of scientific and technical data. J. H. Reichman and Paul Uhlir, “A Contractually Reconstructed Research Commons for Scientific Data in a Highly Protectionist Intellectual Property Environment,” Law and Contemporary Problems 66 (2003): 315–462. Finally, the gifted author, David Bollier, is reportedly writing a book on Creative Commons entitled Viral Spiral: How the Commoners Built a Digital Republic of Their Own (New York: New Press, forthcoming 2009).

Niva Elkin-Koren offers a more critical view of Creative Commons in “Exploring Creative Commons: A Skeptical View of a Worthy Pursuit,” in The Future of the Public Domain—Identifying the Commons in Information Law, ed. P. Bernt Hugenholtz and Lucie Guibault (The Hague: Kluwer Law International, 2006). Elkin-Koren’s argument is that Creative Commons has an unintended negative effect by leading individuals to think of themselves through the reified categories of legal subjects and property owners—forcing into a legalized realm something that should simply be experienced as culture. Elkin-Koren is a perceptive and influential scholar; some of her early work on bulletin boards for example, was extremely important in explaining the stakes of regulating the Internet to a group of judges and policy makers. I also acknowledge the truth of her theoretical point; in many ways Creative Commons is offered as a second best solution. But I am unconvinced by the conclusion. Partly, this is because I think Elkin-Koren’s account of the actual perceptions of license users is insufficiently grounded in actual evidence. Partly, it is because I think the legalization—undesirable though it may be in places—has already happened. Now we must deal with it. Partly, it is because I believe that many of the activities that the licenses enable—a global commons of free educational materials, for example—simply cannot be produced any other way in the political reality we face, and I have a preference for lighting candles rather than lamenting the darkness." (

Bibliography of Free Music and Remix Culture

Recommendations by James Boyle:

"Musical borrowing is the subject of the next “graphic novel”—which is to say comic book—produced by me, Keith Aoki, and Jennifer Jenkins: Theft!: A History of Music (Durham, N.C.: Center for the Study of the Public Domain, forthcoming 2009). Our earlier effort to make intellectual property accessible to film makers and mashup artists can be found in Bound By Law (Durham, N.C.: Center for the Study of the Public Domain, 2006), available in full at An expanded edition of Bound By Law will be published in the Fall of 2008 by Duke University Press. However, neither graphic novel can provide a sense of the scholarly literature in music, musicology, law, and biography that enabled me to write this chapter.

Musical History

The indispensable guide to music history is J. Peter Burkholder, Donald Jay Grout, and Claude V. Palisca, A History of Western Music, 7th ed. (New York: W. W. Norton, 2006). For those who have access through a university or library the Grove Music database is the single most comprehensive computer-aided source: Grove Music Online, A fascinating book by Frederic Scherer, Quarter Notes and Bank Notes: The Economics of Music Composition in the Eighteenth and Nineteenth Centuries (Princeton, N.J.: Princeton University Press, 2004), explores different incentive systems—such as patronage or markets enabled by intellectual property rights—and their respective effect on musical aesthetics and musical production. Scherer is one of the foremost contemporary economists of innovation. To have him writing about the practices of court composers and manuscript publishers is completely fascinating. At the end of the day, he diplomatically refuses to say whether patronage or market mechanisms produced “better” music but the careful reader will pick up indications of which way he leans.

Musical Borrowing

There is a vast scholarly literature on musical borrowing—indeed the discipline of musicology takes the study of borrowing, in its largest sense, as one of its main organizing themes. Beyond a personal tour provided by Professor Anthony Kelley of Duke University, I found a number of books particularly useful. Burkholder’s History (J. Peter Burkholder, Donald J. Grout, and Claude V. Palisca, A History of Western Music, 7th ed. (New York: W. W. Norton, 2006)) is full of examples of borrowing and influence—whether of style, notation, musical conventions, or melody itself. But it is Burkholder’s book on Charles Ives—that fertile early-twentieth-century borrower—that was most influential: J. Peter Burkholder, All Made of Tunes: Charles Ives and the Uses of Musical Borrowing (New Haven, Conn.: Yale University Press, 1995). Ives’s own thoughts on his mashup of prior American musical forms can be found in Charles Ives, Memos, ed. John Kirkpatrick (New York: W. W. Norton, 1991), 10–25. David Metzer’s Quotation and Cultural Meaning in Twentieth-Century Music (Cambridge: Cambridge University Press, 2003), throws light on the way that quotations or borrowings came to have a particular cultural meaning in different musical traditions. Honey Meconi’s collection Early Musical Borrowing, ed. Honey Meconi (New York: Routledge, 2004), discusses—among many other things—the issue of borrowing between the secular and religious musical traditions, something that helped me work through that issue in this chapter. Finally, “Musical Borrowing: An Annotated Bibliography” ( provides a searchable database of articles about musical borrowing.

Music and Copyright Law

I was particularly influenced by two books and two articles. The books are Kembrew McLeod, Owning Culture: Authorship, Ownership and Intellectual Property Law (New York: Peter Lang, 2001), and Siva Vaidhyanathan, Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity (New York: New York University Press, 2001). McLeod and Vaidhyanathan are the authors who sounded the alarm about the cultural and aesthetic effects of the heavy-handed legal regulation of musical borrowing. Together with the work of Larry Lessig (particularly his writing on the “permissions culture”) Lawrence Lessig, The Future of Ideas: The Fate of the Commons in a Connected World (New York: Random House, 2001), their scholarship has defined the field.

The two articles that influenced me the most focus more specifically on the details of the evolution of music on the one hand and music copyright on the other. Both of them are by Michael Carroll: “The Struggle for Music Copyright,” Florida Law Review 57 (2005): 907–961, and “Whose Music Is It Anyway?: How We Came to View Musical Expression as a Form of Property,” University of Cincinnati Law Review 72 (2004): 1405–1496. But these two pieces by no means exhaust the literature. Olufunmilayo Arewa has written memorably on copyright and musical borrowing in “Copyright on Catfish Row: Musical Borrowing, Porgy & Bess and Unfair Use,” Rutgers Law Journal 37 (2006): 277–353, and “From J. C. Bach to Hip Hop: Musical Borrowing, Copyright and Cultural Context,” North Carolina Law Review 84 (2006): 547–645. I also recommend K. J. Greene, “Copyright, Culture & Black Music: A Legacy of Unequal Protection,” Hastings Communications & Entertainment Law Journal 21 (1999): 339–392. There is much, much more. Finally, Joanna Demers’s recent book Steal This Music: How Intellectual Property Law Affects Musical Creativity (Athens: University of Georgia Press, 2006), provides a more comprehensive coverage than I can hope to in a single chapter.

Beyond the scholarly literature, two websites allow you to experiment with these issues online. The History of Sampling created by Jesse Kriss,, allows you to explore visually exactly which hip-hop samplers borrowed from which older songs and to trace the process backwards or forwards. Extremely cool. The Copyright Infringement Project, sponsored by the UCLA Intellectual Property Project and Columbia Law School,, is an extremely useful educational site that gives examples of cases alleging musical copyright infringement, including the relevant sound files. The older version of this project confusingly referred to these cases as “plagiarism” cases—something that judges themselves also frequently do. Plagiarism is the moral, academic, or professional sin of taking ideas, facts or expression and passing them off as your own. If I take the central arguments from your book and completely reword them, or if I present a series of facts you uncovered as an historian and include them in my own book without attribution, you may accuse me of plagiarism, though not of copyright infringement. If I take the words of Shakespeare or Dickens and pass them off as my own, I am committing plagiarism but certainly not copyright infringement, for even under today’s rules those works have long since entered the public domain. If I credit T. S. Eliot but then proceed to reprint the entire of “The Love Song of J. Alfred Prufrock” without the permission of the copyright holders, I am committing copyright infringement, but certainly not plagiarism. At best, plagiarism and copyright infringement overlap to some extent, but each regulates large areas about which the other is indifferent. We sap the strength of both norm systems by confusing them. The new incarnation of the project, at UCLA, has removed the word “plagiarism” from its title.

The People and the Music

A brief biography of Will Lamartine Thompson can be found in C. B. Galbreath, “Song Writers of Ohio (Will Lamartine Thompson),” Ohio Archaeological and Historical Quarterly 14 (January, 1905): 291–312. Since the copyright has expired you can read it in full, and see the picture of Thompson, at,M1.

The best book on Clara Ward is Willa Ward-Royster, Toni Rose, and Horace Clarance Boyer, How I Got Over: Clara Ward and the World Famous Ward Singers (Philadelphia, Penn.: Temple University Press, 1997).

The best biography of Ray Charles is Michael Lydon, Ray Charles: Man and Music (New York: Routledge, 2004). Charles’s autobiography is also a fascinating read. Ray Charles and David Ritz, Brother Ray: Ray Charles’ Own Story (Cambridge, Mass.: Da Capo Press, 1992). Charles’s website, which contains useful biographical and discographical information, is at There is much more, of course, but these resources provide a good starting place.

There are several hagiographic biographies of Mr. West, but none worth reading. Those who have not already been inundated with information through the popular press could do worse than to start with his rather breathless Wikipedia entry

The main source of information on The Legendary K.O.—a name they now use intermittently—is their website is (I am grateful to Mr. Nickerson and Mr. Randle for confirming additional portions of the story by e-mail.) The song “George Bush Doesn’t Like Black People” is no longer available on their website, however an audio version of it is currently available at The Black Lantern’s video can be found at Franklin Lopez’s video can currently be found at Whether any of those sites will be available in a year’s time is hard to tell. Those who plan to listen or view are reminded that the lyrics are ‘explicit.’

The songs by Clara Ward, Ray Charles, and Kanye West are widely available through a variety of commercial outlets, as are several commercial versions of “Jesus is All the World to Me” by Mr. Thompson.

I would recommend The Clara Ward Singers, Meetin’ Tonight (Vanguard Records, 1994), compact disc. It includes a version of “Meetin’ Tonight: This Little Light of Mine” in which the human limits on the ability to sustain a note are broken repeatedly. Any Ray Charles compilation will feature some of the songs discussed here. The most economical is probably Ray Charles, I’ve Got a Woman & Other Hits by Ray Charles (Rhino Flashback Records, 1997), compact disc. It includes “I Got a Woman” and “This Little Girl of Mine.” Kanye West, Late Registration (Roc-a-Fella Records, 2005), compact disc, contains the full version of “Gold Digger.”

Finally, I would love to be able to play you the full version of the Bailey Gospel Singers “I Got a Savior” (B-Side: “Jesus is the Searchlight”) (Columbia Records, 1951), 78 rpm phonograph record. Unfortunately, given the legal uncertainties I am forbidden from doing so, and I know of no licit way—for free or for pay—that you can listen to it, short of traveling to the Rodgers and Hammerstein Archives of Recorded Sound at the New York Public Library for the Performing Arts yourself and asking to hear the original 78. Perhaps that simple fact is the most elegant encapsulation of my argument here." (