Cultural Production In The Digital Age:

Barriers and Incentives

COM30221 May 2008Kathy E. Gill

Framing

Web 2.0 Technologies

•These technologies change how we interact with (digital) cultural objects.

•We are no longer merely a consumer; we can also be a producer.

This is a shift from the late 20th

century model:

In Our Digital World, It Is Easier to Borrow, Copy,

Manipulate

This means it is technically easier to express ourselves in new, creative ways.

Traditional Model

•Mediated Communication was a one-way Mass Communication Model

New Model

•Mediated communication is transitioning to a circular (Osgood & Schramm) interpersonal model

What are the cultural industries?

• News media

• Advertising industry

• Television & movies

• Music

• Fashion

• What else?

Quotable

•“[N]on-commercial cultural production and unconstrained expression within the Internet undermines capitalism’s production of meaning.” p135

- from Michael Strangelove, The Empire of Mind (University of Toronto Press, 2005)

The pejorative:The cult of the amateur

• SuperBowl Commercials

• YouTube Democratic Presidential Debate

The Clash

• Culture as a freely flowing current of ideas and practices runs head first into culture as intellectual property

Ask permission each time

Ask permission each use

Framing

• A 10-minute explanation of copyright … using words from one of the largest copyright owners in the world

The Barrier

• Copyright originated in a time when the view of authors was romantic: "originality was elevated to being located in and belonging to the self of the author" ... words created by these authors were considered "original" and thus distinguishable from mass-produced commodities. (Lessig, presentation, Copyright, Cultural Production and Open Content Licensing)

Important Terms

• Copyright

• Exclusive Rights

• First Sale

• Infringement

• Fair Use

• Public Domain

Terms: Copyright

• Copyright law protects “creative and expressive works”

• Automatic (do not have to file, register)

• Scope: http://copyright.gov/

• Does not extend to ideas or facts

How Long Does It Last?

• A Long Time!

• In 1709, copyright lasted 14 years

• Prior to 1923, content public domain (probably)

• After 1978, the life of the author + 70 years OR work-for-hire, 95 years from publication or 125 years from creation

• Between 1923 and 1978 … talk to a lawyer!

Rights Happen On Creation

• Copyright is an exclusive right: you control reproduction, distribution, derivative works, public display, performance

• Who owns? Biz or employee?

• On company time, the company

• Contract – specify if first sale or exclusive

Copyright Reach

• Originality was required in copyright law, historically

• Today, only de minimis originality

• Watch YouTube Clip of Canadian Student Project (offline copy)

Infringement

• "Copyright infringement" means exercising one of the copyright holder's exclusive rights without permission.

• Should a copyright holder sue on grounds of infringement, the defendent may argue that the use was "fair use"

• The fair use doctrine allows copyrighted works to be used in some circumstances, such as commentary, criticism, news reporting or educational use.

The Enforcer

• Digital Rights Management

• tend to think of this with movies and songs, but also can be pay-to-view sections of any website like nyt select

• RIAA “cease and desist” letters

Fair Use Details

• See Section 107 of the Copyright Act; fair use determined by:

1. The purpose and character of the use;

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used; and

4. The effect of the use on the potential market for or value of the copyrighted work.

Terms: Public Domain

When the copyright term expires, works revert to public domain.

The copyright holder may dedicate works to the public domain; eg, works funded by the US Government.

PD works are freely available for use by anyone for anything.

Controversy

•Copyright purpose is to “promote the progress of science and the useful arts” … and the duration for exclusivity is to be “limited” … - US Constitution

Incentives

• Change the licenses

• Creative Commons

• Free Art

• GNU

no rights

reserved

all rights

reserved

some rights

reserved

attribution

non-commercial

no derivative works

share alike:remix-ready, derivatives licensedon same terms

General Characteristics

• Right to access or use

• Right to make copies

• Right to make modifications

• Right to distribute

• Right to create derivative works

Digital technologies enable a "Tinkering

culture" -- a "read write rip burn culture"

Sources• Copyright, Fair Use & The Evolution of Creative

Commons: http://www.slideshare.net/cliotech/copyright-the-evolution-of-creative-commonshttp:/www.slideshare.net/cliotech/copyright-the-evolution-of-creative-commons

• Copyright and Options for Creative Practitioners: http://www.slideshare.net/creativecommonsaustralia/creative-copyright-copyright-and-options-for-creative-practitioners

• A Fair(y) Use Tale: http://youtube.com/watch?v=CJn_jC4FNDo

• Image: Consume. Be silent. Die. (unknown)

• Web 2.0 Image (1): http://joevans.pbwiki.com/Web+2+Point+O+Tools

• Web 2.0 Image (2): http://www.robmillard.com/archives/tools-for-strategists-web-20-confusion-hindering-firms.html

Kathy E. Gill

http://wiredpen.com and http://faculty.washington.edu

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