Joe Szilagyi

A letter I just sent off to my state senator and representatives. If you’re in Washington state, I suggest you do likewise.

Hello,

Thank you all for your continued hard work and service.

I came across this news story, about the TVW and Dow Constantine situation. If you are unfamiliar with this, I implore you to read the below news article. This is troubling for all Washington state taxpayers.

Background: TVW is a 501 (c)(3) non-profit corporation, not a government agency. It is governed by an independent board of directors. The majority of TVW’s operating cash – approximately $2.5 million per year – comes from the Legislature via a contract-for-service through the Secretary of State. TVW receives more than $11 million per year in the form of in-kind contributions of channel space from Washington’s cable television industry.

The story about TVW and Down Constantine is here: http://publicola.net/?p=17512

Politics aside, I am troubled by the fact that materials produced by money levied from taxes paid for by Washington citizens are being held in some form of “copyright” claim by a private entity like TVW, or anyone else. Many US state governments (and many foreign governments) are moving toward any materials produced by the government being “free”, in the public domain or under what is known as a Creative Commons license, which is increasingly popular year over year.

For example, this is a list of state-level US agencies and some Federal that issue content under Creative Commons:

http://wiki.creativecommons.org/Government_use_of_CC_licenses#United_States

Virginia’s stance is particularly strong:

http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+CHAP0791

Washington is a leading state in the fields of technology. We have many prominent tech corporations, innumerable technology start-ups, and are known nationally on this stage. The ideals of ‘open sourcing’ and free licensing are a core component of the ethos of many of these corporations. Our state government should at the least be in compliance with what is becoming nationally standard.

What I would like to request is consideration for a bill like the above Virginia one, but with stronger language, that any goods “produced” with tax funding in a fixed form: written text, visual recordings, maps, videos, audio, anything official to come out of Olympia or local government, state and local laws, a random video the City of Spokane may make, etc. be required to be produced and released under a license such as the Creative Commons licensing that simply requires “Attribution”.

This link details the specifics of the licensing I think would be best:

http://creativecommons.org/licenses/by/3.0/us/

Washington state would still ultimately retain ownership of all the content in this scenario, but by law it should be mandatory that any government-funded (in any way) materials should be freely available, with no copyright restriction beyond attribution. I have zero problem with an entity like TVW turning an ultimate profit from what they’re doing, that originated with state dollars. Anyone is welcome to do that–good for TVW for coming up with a successful model. But they, nor anyone else, should have exclusive claim over content *I* paid for.

What I’m upset about is that any organization then leveraging copyright claims to squash what is protected “fair use” of their materials that were paid for by my tax dollars. In the wake of the Constantine fiasco posted about on Publicola, they are now going after a political blogger for reposting the now notorious video on another “video sharing” service, as detailed at this link: http://horsesass.org/?p=21640

Please help Washington state be a leader in the realm of intellectual property law, and allow us to do better than other states, such as Virginia. Please initiate legislation based on the Virginia example above, but with stronger language than the “preference” tone they set. Make it mandatory, to allow Washington state tax payers to always have free access to what we have already paid for with our taxes.

Thank you.

Sincerely,

Joseph Szilagyi