Post on 12-Jan-2015
description
What It’s Not
Piracy
What It’s Not
Piracy
Anti-Copyright
What It’s Not
Piracy
Anti-Copyright
Plagiarism
New York TimesFebruary 27, 2010
New York TimesFebruary 27, 2010
So What Is It?
• Calls for the restoration of copyright as a contract for a limited monopoly on work so that both artists and culture benefit from creative works.
So What Is It?
• Calls for the restoration of copyright as a contract for a limited monopoly on work so that both artists and culture benefit from creative works.
• Argues for citizens and consumers to have permission become ACTIVE participants in their culture, that means using it's artifacts in order to comment, critique, create and build upon what has gone before.
Copyright
A Brief History
Statute of Anne – England, 1709
Statute of Anne – England, 1709
AKA The Copyright Act of 1709
Statute of Anne – England, 1709
AKA The Copyright Act of 1709
AKA An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned.
Statute of Anne – England, 1709
• First Copyright Statute• Granted publishers legal protection for 14 years, renewable for another 14.• First law to acknowledge authorship, although copyright was primarily a concern for the publishers.
US Copyright Law
• First law (1790) allowed for 14 years, renewable for another 14.
• Purpose, according to US Constitution, was “to promote the progress of Science and useful Arts, by securing for limited times to authors and inventors, the exclusive Right to their Writings and Discoveries.”
US Copyright Law
Its purpose was to strike a balance between:
1. Encouraging creativity by giving exclusive rights to creations.
US Copyright Law
Its purpose was to strike a balance between:
1. Encouraging creativity by giving exclusive rights to creations.
2. Giving the public the freest possible access to creative works and ideas.
US Copyright Law2 Central Ideas
• Idea/Expression Dichotomy– Copyright Protects an ideas expression, but not
the idea itself.– Codified in 1976: “In no case does copyright
protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”
US Copyright Law2 Central Ideas
• FAIR USE (Sect. 107)– Also codified in 1976– Provides exception for exclusive rights in certain
cases.– “For purposes such as criticism, comment, news
reporting, teaching, scholarship, or research.”
US Copyright Law2 Central Ideas
• FAIR USE (Sect. 107)– Fair use is judged by certain criteria:1. Purpose and Character of Use (commercial
or educational/nonprofit)2. Nature of copyrighted work3. Portion used in relation to work as a whole.4. Effect of the use on potential market for the
work.
US Copyright LawKey Changes since 1790
• 1831 – 28 years with 14-year renewal
US Copyright LawKey Changes since 1790
• 1831 – 28 years with 14-year renewal• 1909 – 28 years with 28-year renewal
US Copyright LawKey Changes since 1790
• 1831 – 28 years with 14-year renewal• 1909 – 28 years with 28-year renewal• 1976 – 75 years (corporate) or life of author +
50 years
US Copyright LawKey Changes since 1790
• 1831 – 28 years with 14-year renewal• 1909 – 28 years with 28-year renewal• 1976 – 75 years (corporate) or life of author +
50 years• 1998 – Sonny Bono Copyright Extension Act
– Life of author + 75 years or:– Corporate Authorship: 120 years after creation or
95 years after publication
US Copyright LawKey Changes since 1790
And Finally….
US Copyright LawKey Changes since 1790
The Digital Millennium Copyright Act
(1998)
US Copyright LawKey Changes since 1790
The Digital Millennium Copyright Act2 Major Provisions
US Copyright LawKey Changes since 1790
The Digital Millennium Copyright Act2 Major Provisions
1. Anti-Circumvention:Criminalizes production of any technologies which interfere with Digital Rights Management (DRM)
US Copyright LawKey Changes since 1790
The Digital Millennium Copyright Act2 Major Provisions
1. Anti-Circumvention:Criminalizes production of any technologies which interfere with Digital Rights Management (DRM)
2. Infringement Liability Limitation:Creates safe harbor for service providers (OSPs, ISPs)Who respond to takedown notices from copyright holders. (Also provides for counter-notification, although this is often not in the OSP’s interest)
Roots of Remix:Appropriation in Art, Film, and Music
Roots of Remix:Every major school of art, and (arguably) every artist, has used creative appropriation in some form in creating their work.
Roots of Remix:DADA:
John Heartfield Hanna Hoch Marcel Duchamp
Roots of Remix:POP:
Roy Lichtenstein Andy Warhol Tom Wesselmann
For more examples, watch this short video
Roots of Remix:Film: 1928
Steamboat Bill, Jr. Steamboat Willie
Roots of Remix:Film: 2010
Sex & The Remix Helping Johnny Remember
Elisa Kreisinger Ashleigh Nankivell
Roots of Remix:Film: 2010
Kenneth Tin-Kin Hung: In G.O.D. We Trust
Roots of Remix:Music: Hip-Hop/Sampling
DJ Kool Herc
• Jamaica Bronx, 1967
• Brought “versioning” from Jamaica
• Pioneered looping Break Beats at block parties
• Birth of Rap (Party MCs) and B-boys/B-girls (aka break dancers)
Roots of Remix:Music: Hip-Hop/Sampling
Grandmaster Flash
• 1981: “The Adventures of Grandmaster Flash on the Wheels of Steel”
• First documented use of ‘scratching’
• The single sampled:• “Rapture” (Blondie)• “Apache” (Michael Viner)• “Another One Bites the Dust”
(Queen)• “Good Times” (Chic)• “Freedom” (The Furious Five)
Listen
Roots of Remix:Music: Hip-Hop/Sampling
The Beastie Boys
• 1989: “Paul’s Boutique”
• Record contained 105 samples
• 24 Samples on the last track alone
Listen
Roots of Remix:Music: Hip-Hop/Sampling
2 Landmark Cases
1989: 2 Live Crew 1991: Biz Markie
“Pretty Woman” “Alone Again”
Roots of Remix:Music: Hip-Hop/Sampling
2 Landmark Cases: Rulings
2 Live Crew
Biz Markie
Campbell vs. Acuff-Rose Music
The Supreme Court found that the song was parody, and thus protected under fair use.
Grand Upright Music vs. Warner Bros. RecordsUS District Court found that the song infringed the original artist’s copyright, and ordered that all future music samples be cleared for use before publishing.
Roots of Remix:Music: Hip-Hop/Sampling
2010: Girl Talk
• Music is comprised almost entirely of samples.
• His 2008 album “Feed the Animals” has a total of 322 samples
• Offers his records online on a “pay-what-you-like” basis.
AUTHORSHIP
Remix Culture Today
Remix Culture Today
Lawrence Lessig
www.lessig.org
Books:
• Remix (2008)
• Free Culture (2005)
• The Future of Ideas (2002)
• Code (2000)
Remix Culture Today
Cory Doctorow
www.craphound.comwww.boingboing.net
Books:
• Content (2008)
• For the Win (2010)
• Makers (2009)
• Down & Out in the Magic Kingdom (2003)
Remix Culture Today
Henry Jenkins
www.henryjenkins.org
Books:
• Convergence Culture (2008)
• Fans, Bloggers & Gamers (2006)
• The Wow Climax (2006)
• Textual Poachers (1992)
Remix Culture Today
A nonprofit organization working to increase the amount of creativity (cultural, educational, and scientific content) in “the commons” — the body of work that is available to the public for free and legal sharing, use, repurposing, and remixing.
Creative Commons
www.creativecommons.org
• License Your Work
• Find Licensed Work
Remix Culture Today
• Founded in 1990
• Coalition of lawyers, analysts, activists and technologists
• Actively defends:• Free Speech• Privacy• Innovation• User Rights
Electronic Frontier Foundation
www.eff.org
Remix Culture Today
Open Video Alliance – openvideoalliance.org•A coalition of organizations and individuals devoted to free and open technologies, policies and practices in online video.
•Holds Open Video Conference every year
Organization for Transformative Workstransformativeworks.org
• A nonprofit organization run by and for fans to provide access to and preserve the history of fan works and fan culture.
Remix Culture Today
RE/Mixed Media Festival 2011
• Musicians
• Painters
• Photographers
• Filmmakers
• Sound Artists
• Fashion
Spring, 2011
www.remixedmedia.org
www.lofinyc.org (2010 site)
info@remixedmedia.org