Copyright
1) what can you use?
- not covered by cprt
- covered, but using with exception (fair use)
- is it available under a generous license (CC)
otherwise, must obtain permission
if you cant find owner = orphan work
2) is it covered?
Originality (their original work, not incredibly original) + fixed in tangible medium (written, video, etc) + “proper subject matter: EXPRESSION” – how you express an idea, not an idea itself
NOT COVERED: facts, ideas, titles, methods, systems, names, short phrases, slogans, list of ingredients, etc (perhaps trademark but not copyright)
3) copyrights in video
- literary works including software
- music – cpt to publisher (music written), and to label (the sound recording)
- video
- graphic, scultpture
- choreography
- architectural works : public buildings ok (but not trademark smtms)
4) what rights in copyright? (not all works get all 5 rights)
- reproduce.copy – ALL
- derivitative works – all
- distribute – all
- perform (not sound, graphic, architecture)
- display (not sound or architecture)
copyright is supposed to promote progress (in constitution) – giving incentive to creators, financial, but not lock down creativity -
5) what is derivative (20th century)
“recasting the work in order to bring it into a new medium” – what is “transformative” is very complicated
6) how long? Constitution requires limitation so that it can go back into the public domain. Individual – life +70, institution 90-100 yrs
7) changes in law – 1989 – don’t need to register, don’t need to re-register – copyright is automatic.
***US vs. EU copyright. JI: before US was pirating from
Chart by peter hurdle in cornell www.copyright.cornell.edu/public_domain to learn if something is copyrighted – very messy and complex
8) sources of work you can use
*trademark *right of publicity *privacy torts
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CC
Questions you need to answer to determine which licenses you want to use.
6 core licences.
Complicated: what is commercial use? What if blogger has ads? Depending on community norms may be different
CC is not technical, it’s emotional
Non-commercial : if purpose is to get it out there will limit possibilities: less likely to be exploited rather than big company erring on side of caution and not use it. but then, Virgin billboard case, CC gets sued, used CC photo of a girl
Statistics: people become more permissive year after year (because they want to share, and realize that sharing is a point and retaining too many licenses is limiting)
CC going to court – adam curry – mainstream media uses photos w/o attributions
Cc is not giving it away – have a lot of requirements
When does commercial makes sense? Eg – musicisan – fans can listen but movie must pay – giving away non-commerical use is a good way to promote music, but allows u to retain much of income
share alike – mostly for community work, to build body of commons. Not good if you want to get picked up by mainstream media
Even video producers can’t give to CC<>
Is recontextualizing fair use? (eg, putting photo into wikipedia)
JI: CC is about getting public work into the publid domain – so that everyone can use it. Purists are good for framing the conversation, but too us v. them, all about making everything free
What are the practices? What are ethical guidelines to re-use and re-distribution? Also depends on the community. What about moral rights? Privacy rights?
Eg. Moral consensus for what is appropriate cameraphone use.
Center for social media: for documentaries, working on for remixing, for dance
Eg. Phone use in public transport – ppl thought it was bc Japanese are polite, but not really this, institutionally you were not allowed on bus talking on your phone – came from the culture but enforces institutionally
What about ethics? What is morally correct? Forget the law for a second. What is your moral obligation to the people you film, knowing of remix culture?
Ways to think about derivative: if you’ve added something that in itself would be copyrightable.
What about photograph of photograph? What about me making share-alike license to my photographs of other’s videos, that use fair use work, etc etc,
Law is very complicated – work it out morally.
FAIR USE:
4 factors
1. why were you doing what you were doing? Commercial vs. noncommercial.
2. nature of work - Did you transform?
3. amount and substantially used in relation to the whole – how much you use. Did you use more than you needed for your purpose?
4. are you having a negative effect on the market or on reasonably foreseeable markets?
Gotcha – what if I criticize you work so much that no one will buy it. It is both 1 and 4. court decided that supports free expression – hurting the market does not shut down criticism – if its used for the purpose of what you want to do, than its OK
** difficult in application
2 live crew – big hairy woman instead of pretty woman – supreme court said it was a parody and fair use.
Slides will be up on diy site
Best practices in fair use ASOC
Beyond transformative use, also about moving media in different contexts to incite discussion. What are the parameters of this for creators? At what point are you crossing ethical lines?
Did you take more than you needed? Was the use towards your purpose of the work? Were you harming the market?
Not all fair uses are tried – because if everyone agrees that fair use, nobody sues
How hip hop tripped up music fair use: labels started asking permission and licensing even 3 notes of a song, this became the norm, so now you are infringing on a market
Chicago Manual of Style says “don’t ask permission” – 1) it makes you visible 2) once everyone starts asking for permission, this becomes social norm, and inhibits true fair use
How do we separate copyright from property rights, trademark, etc for kids?
How to start: define fair use with kids agreeing with out the law. think about different stakeholders at play, think about morals, think about different contexts & situations, different desired outcomes
SOURCES: organization for transformative works
Dmca – illegal to break drm, and tools that let people do this, and distributing these tools
- analogue hold: if you just capture analogue output and don’t break drm are OK (snaps, fraps and taxi to break drm)
do we teach about chillingeffects?
how do we deal with trademark? on one hand, complicated, you don't want to get into it. on the other hand, if you tell a teen to make a remix, trademark WILL come into play. can't just ignore this also...
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