Section 2: Whose Line Is It AnywaySection 2: Whose Line Is It Anyway?

RIP: A Remix ManifestoRIP: A Remix Manifestohttp://www.hulu.com/watch/88782/rip-a-remix-manifestohttp://www.hulu.com/watch/88782/rip-a-remix-manifesto

Dear Audience,I hereby give Sita Sings the Blues to you. Like all culture, it belongs to you already, but I am making it explicit with a Creative Commons Attribution-Share Alike License. Please distribute, copy, share, archive, and show Sita Sings the Blues. From the shared culture it came, and back into the shared culture it goes. You don't need my permission to copy, share, publish, archive, show, sell, broadcast, or remix Sita Sings the Blues. Conventional wisdom urges me to demand payment for every use of the film, but then how would people without money get to see it? How widely would the film be disseminated if it were limited by permission and fees? Control offers a false sense of security. The only real security I have is trusting you, trusting culture, and trusting freedom.T hat said, my colleagues and I will enforce the Share Alike License. You are not free to copy-restrict ("copyright") or attach Digital Restrictions Management (DRM) to Sita Sings the Blues or its derivative works.

http://www.youtube.com/watch?v=7y5_zJ1xfQs&feature=related

How Long Does Copyright Protection How Long Does Copyright Protection Last?Last?

Copyrights do not last forever, but they do last a pretty long time. Under the current laws, copyright protection starts from the moment of creation of the work and continues until 70 years after the death of the author or artist. That means that if someone who is 15 in the year 2001 writes a story that year and dies when he is 85 in the year 2086, the copyright will not expire until 70 years after 2086 -- in the year 2156, which is 130 years away. When the term of a copyright expires (meaning it's finished), the work falls into what's called the "public domain." When a work is in the public domain anyone can copy it and use it without permission. This is why you can copy artists like Leonardo da VInci and writers like Shakespeare and music writers like Mozart all you want. In the case of a joint work prepared by two or more authors, the term of copyright lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation (whichever is shorter). Works created when prior copyright laws were in effect had shorter terms. Under the law in effect before 1978, copyright was secured either on the date a work was publicly distributed or on the date of registration (if the work was not publicly distributed). In either case, the copyright lasted for a first term of 28 years. During the last (28th) year of the first term, the copyright was eligible for renewal for another 28 years by filing with the Copyright Office. The terms of many earlier copyrights were extended by later The terms of many earlier copyrights were extended by later laws, and you cannot assume that any work is in the public domain unless it was first published laws, and you cannot assume that any work is in the public domain unless it was first published before 1923.before 1923.

The Right to Royalty-Free MemoriesThe Right to Royalty-Free Memorieshttp://kswenson.wordpress.com/2008/03/16/the-right-to-royalty-free-memories/http://kswenson.wordpress.com/2008/03/16/the-right-to-royalty-free-memories/

“ Fifty years ago mechanical reproduction and synchronization was something that only the most accomplished musicians had access to. But today the typical child carries such capabilities in their pocket cell phone and the law is an anachronism which is abused. Such a recording might be considered fair use, but the burden of proof is on the defendant, and the resulting chilling effect is the banning of video cameras at high school band events.”

Like the video of the birthday party: the purpose is to capture the event, and not to steal another recording of “Happy Birthday”. The current law make no distinction as to the purpose of the recording.

Challenging the law:Nina Paley interview

http://www.youtube.com/watch?v=iXmy5cr_cV8&feature=channel

http://sitasingstheblues.com/watch.html

Michael Moore AgreesMichael Moore Agrees

http://www.youtube.com/watch?v=E8wVvZxjUrQ&feature=related

A Remix Tree

Listen for yourself• http://www.whosampled.com/sample/view/22023/Beastie%20Boys-Hey%20Ladies_Kool%20&%20the%20Gang-Jungle%20Boogie/• Begining rifs

Open Video AllianceOpen Video Alliance http://openvideoalliance.org/video-content/whyopenvideo_v1.ogv

video alliance

“The right to explore art and ideas is basic to a free society. Without it, children and adolescents cannot grow into the thoughtful ,educated citizens who are essential

to a functioning democracy. “ Marjorie Heins, and Christina Cho

Free Expression Policy Project

http://www.youtube.com/watch?v=-V1-0_oidVg&feature=related

Appropriate or Inappropriate Use?Appropriate or Inappropriate Use?

Yes, You Can Use Copyrighted Materials!

Renee HobbsMedia Education Lab

Temple University

Strengthening Public

Understanding of

Copyright and Fair Use

Supported by a grant from the John D. and Catherine T. MacArthur Foundation

Let’s DiscussToday’s Digital Culture

What is the purpose of

To promote creativity, innovation and the spread of knowledge

Article 1 Section 8U.S. Constitution

The ResultCopyright Confusion

See no Evil Close the Door Hyper-Comply

How We Cope

When I use the creative work of others in my own work, which concepts apply to my situation?

When I use the creative work of others in my own work, which concepts apply to my situation?

Attribution: Citing your sources

Plagiarism: Not acknowledging source material used in your work

Infringement: Copying another’s work in violation of law

Fair Use: Legal use of copyrighted works without permission or payment

Licensing: Asking permission and paying a fee

OWNERS USERS

Copyright Law Balances Rights of Owners and Users

Strengthening Public

Understanding of

Copyright and Fair Use

Supported by a grant from the John D. and Catherine T. MacArthur Foundation

NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS

Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions

Fair Use Guidelines for Educational Multimedia

Guidelines for the Educational Use of Music

Educational Use Guidelines are Confusing!

The documents created by these negotiated agreements give them “the appearance of positive law. These qualities are merely illusory, and consequently the guidelines have had a seriously detrimental effect. They interfere with an actual understanding of the law and erode confidence in the law as created by Congress and the courts”

--Kenneth Crews, 2001

withaccurate knowledge

--Section 107Copyright Act of 1976

The Doctrine of Fair Use

--Section 107Copyright Act of 1976

The Doctrine of Fair UseCriticism, comment, news

reporting, teaching, scholarship, research

… but also many forms of creative work that advance and

spread innovation

Criticism, comment, news reporting, teaching,

scholarship, research

… but also many forms of creative work that advance and

spread innovation

--Section 107Copyright Act of 1976

The Doctrine of Fair Use

Fair use of copyrighted materials is allowed when the benefits to society

outweigh the private costs to the copyright holder

Fair use of copyrighted materials is allowed when the benefits to society

outweigh the private costs to the copyright holder

Fair use prevents copyright law from becoming

a form of private censorship

Fair use prevents copyright law from becoming

a form of private censorship

Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)

An Example of Transformative Use

The purpose of the original: To generate publicity for a concert.

The purpose of the new work: To document and illustrate the concert events in historical context.

Transformative Use is Fair Use

When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.

--Joyce Valenza, School Library Journal

http://mediaeducationlab.com/index.php?page=295

Users’ Rights, Section 107

Is Your Use of Copyrighted Materials a Fair Use?

1. Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?

2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

MYTH: FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS.

Fair Use Is Empowering

TRUTH: The fair use provision of the Copyright Act is written broadly because it is designed to apply to a wide range of creative works and the people who use them. Fair use is a part of the law that belongs to everyone.

Communities of Practice Assert Their Fair Use Rights

Educators can:

1. make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use

2. create curriculum materials and scholarship with copyrighted materials embedded

3. share, sell and distribute curriculum materials with copyrighted materials embedded

Learners can:

4. use copyrighted works in creating new material

5. distribute their works digitally if they meet the transformativeness standard

Five Principles Code of Best Practices in Fair Use

The Code of Best Practices Helps

• To educate educators themselves about how fair use applies to their work

• To persuade gatekeepers, including school leaders, librarians, and publishers, to accept well-founded assertions of fair use

• To promote revisions to school policies regarding the use of copyrighted materials that are used in education

• To discourage copyright owners from threatening or bringing lawsuits

• In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.

Organizations Supporting the Code of Best Practices

Action Coalition for Media Education (ACME)

National Association for Media Literacy Education (NAMLE)

National Council of Teachers Of English (NCTE)

Visual Studies DivisionInternational Communication Association

(ICA)

Association of College and Research Libraries (ACRL)

1201ANTI-CIRCUMVENTION RULEMAKING PROCESS

When encryption interferes with fair use

Digital Millennium Copyright Act

DMCA 1201A petition requesting an exemption for media literacy educators and their students

http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/

http://www.youtube.com/watch?v=NQTxZ_zxAv8&feature=player_embedded#!

Are We On the Same Page?Are We On the Same Page?“…more than two-thirds of college faculty and administrators say it's wrong to download or swap files. However, fewer than one-quarter of students at

those same colleges say it's wrong.” Business Software Alliance

On the tenth anniversary of the DMCA, the Electronic Frontier Foundation documented harmful consequences of the anti-circumvention

provisions. They document that the DMCA:1) stifles free expression2) jeopardizes fair use;3) impedes competition, such as blocking aftermarket competition in toner cartridges, garage door openers, and enforcing walled gardens around the iPod;[24] and4) interferes with computer intrusion laws.[25]