Lecture 22Canadian Fair Dealing & Remix Culture Dr. Jessica Laccetti Image Dawn Endico on flickr.
Outline• Fair Dealing• Copyright Law in Canada• Remixing• Activity• Next Class
Fair DealingRead more here: http://en.wikipedia.org/wiki/Fair_dealing#Canada
Can Everything be Copyrighted?• Nope!• A work must fit into one of the four major categories of works in the Copyright Act, namely literary, dramatic, musical or artistic works.• The work must be fixed in some tangible form, meaning that the work has been reduced to material form (and is no longer simply an idea in prospective authors head).• The work must be "original".
What is “Original”?For a work to be "original" within the meaning of theCopyright Act, it must be more than a mere copy ofanother work. At the same time, it need not becreative, in the sense of being novel or unique. Whatis required to attract copyright protection in theexpression of an idea is an exercise of skill andjudgment... This exercise of skill and judgment willnecessarily involve intellectual effort. The exercise ofskill and judgment required to produce the workmust not be so trivial that it could be characterizedas a purely mechanical exercise. Chief Justice McLachlin
Can an “Idea” be Copyrighted?• Nope!• Idea/Expression dichotomy• Only the “expression” of the “idea” can be copyrighted• EG.: “the general plot of a book in the writers head could not be copyrighted, but the manuscript incorporating the plot could.”
US lawsuits for illegally copied media surged in 2010 as legal and media groups developed a new strategy for defending copyrights. Source: ars technica via2020 Media Futures
Public Domain Works• Works that are NOT protected under the Copyright Act• Not “proper” subject matter for opyright protection OR• Copyright protection has expired – Life of the author plus 50 years beyond the end of the calendar year in which they died – Film/sound works = different terms
Is Remixing “Original”? Image from Fibre Culture Journal.
Remix• The success in a remix is changing the original version into something new or different. Image from Brain Pickings.
Cut-Ups as Remix• Take a newspaper.• Take some scissors.• Choose from this paper an article of the length you want to make your poem.• Cut out the article.• Next carefully cut out each of the words that make up this article and put them all in a bag.• Shake gently.• Next take out each cutting one after the other.• Copy conscientiously in the order in which they left the bag.• The poem will resemble you.• And there you are — an infinitely original author of charming sensibility even though unappreciated by the vulgar herd. “To Make A Dadaist Poem”
“Yes, remix artists build on the works of others. Butdo so-called creators of original material not buildon the works of others also? Would you considerShakespeares Romeo and Juliet to be an originalpiece of work? Even though the idea was based ona story by William Painter, which was based on apoem by Arthur Brooke? No matter how far backyou go in the origin of a piece of work, you will findthat the idea was built on or inspired by the work ofsomeone else before it. I consider remixed videosto be original works. The finished piece is morethan the sum of its parts.” Owen Gallagher
Your Turn• With a partner or in a small group: – Create an ORIGINAL collage that critiques or comments on a pop culture figure, celebrity, band etc… – Include: • At least 3 original images • At least 3 copyrighted (fair dealings justified) images • At least 3 public domain images • At least 2 lines of text from a copyrighted work – Upload your finished collage to Flickr and choose a CC license – Add a comment on the blog with names of ALL group members AND the link to your flickr photo
Next ClassDiane Clarke from the library will be telling us more details about APA style, academic referencing and finding resources for our Science Article Assignment