Copyright and Constructed Languages

[podcast]http://conlang.org/podcast/LCS_Podcast-011-Burke.mp3[/podcast]

Jeff is a bit soft-spoken and reserved—or, at least, that’s what I first noticed about him when I met him at LCC2. By the time he had finished his talk, though, he had my attention—and that of everyone else who’d been watching (including Arika Okrent).

Jeff’s conlanging approach is much closer to historical reconstruction than to modern “drag and drop” conlanging. The approach is not necessarily unique (Tolkien, of course, worked from proto languages, and many conlangers today do the same), but Jeff’s implementation is impressive. If you haven’t seen it yet, I recommend taking a look at Jeff’s LCC2 talk (the one I linked to above) to see just how he does what he does. (I’d also recommend his recent post to Conlang about Proto Central Mountain which can be found here.)

Totally off-topic. I can tell I was using my external microphone in this interview. I think its permanent malfunction is a blessing in disguise, and future listeners will, no doubt, be grateful not to hear my popping p’s… My apologies.

Yet again, in this interview, we’ve come to the issue of language (or conlang) ownership. And, of course, we came to the same conclusion: There’s no good answer right now. In one respect, neither of us is legal experts, so us discussing the topic is kind of silly. At the same time, it’s a relevant topic for us both, each of us having conlangs that may one day enjoy popular use. Personally, I’m rooting for The Spirit-Weaver to get published and enjoy success, as that will, once again, raise the legal question of conlang ownership in the public sphere.

Jeff suggests, in his interview, that conlangs will one day fall under copyright as artistic works. If this were to be the case, then one wonders: Will conlangers receive royalties if others use their language to create some sort of commercial work (e.g. a book of poems)? Will conlangers be able to successfully challenge derivatives in court (say a relexification of a given conlang)? And is that a desirable future?

Looking at other media, it seems that things are going the other way. It’s easier than ever to download songs, albums, movies, television shows, etc. for free, whether legally or illegally. Artists themselves are venturing forth into the new digital world, some embracing it. One of the most famous examples is probably Radiohead’s “pay what you want” digital release of their album In Rainbows (a fascinating response to the controversy surrounding their previous album, which had, in its entirety, been leaked on the internet a month before its scheduled release), but other artists in other media have followed suit.

A few weeks ago, several video game developers got together to offer the Humble Bundle: A set of five full games with no DRM that one could purchase for whatever amount one wished. As of this writing, the event generated over $1 million for the developers and for charity. Billy Corgan and the newly-reformed Smashing Pumpkins have also gotten into the game, releasing one song at a time from their new 44 song concept album Teargarden by Kaleidoscope free on their website (and, by the way, what I’ve heard so far is incredible; I suggest you give it a listen [it’s free; why not?]).

That aside, I’m of the opinion that Jeff is right, and that some time in the near future we will see some form of copyright being applied to a conlang—perhaps as a result of the recent interest in using constructed languages in other media (most notably film and television). One wonders, though, given the general progression of copyright in the new digital age, will this be a step forward, or a step backward?

It’s been a little over a year since LCC3, and it’s nice to look back. I always feel energized after an LCC. I’m looking forward to LCC4 (which is still in the planning stages, but will happen, rest assured).

Thanks to our podcast backlog, it’s been about a year since this interview took place. Jeff has since finished The Spirit-Weaver, and is now editing. Hopefully we’ll hear some news from him some time in the near future about the status of The Spirit-Weaver. I’ve got my fingers crossed!

Audio edited by Maximilian Krickl; music by Gary Shannon.