Beyond the Rights Clearance Culture: new ways to think about copyright in film

byron bay film festival | 8 march 2010
Beyond the Rights Clearance Culture:
New Ways to Think about Copyright in Film
profbrianfitzgerald
& jessica coates

copyright

"Copyright", Randall Munroe, http://xkcd.org/14/, Creative Commons Attribution-NonCommercial 2.5 license
AUSTRALIA
part of the Creative Commons international initiative
CRICOS No. 00213J

Generic 2.020081104_Indianpolis_IN_UAWGOTV0304 by Barack Obama, http://flickr.com/photos/barackobamadotcom/3008245391

Generic 2.0Yoko Ono by cliff1066™, http://flickr.com/photos/nostri-imago/2873284890

Generic 2.0The Child Abdullah by Al Jazeera, http://cc.aljazeera.net/asset/language/arabic/child-abdullah-report

copyright

gutenberg press
Generic 2.0Printing Press by Gastev, http://flickr.com/photos/gastev/360505392

statute of anne

Generic 2.0Dollar Eagle Paper by Photos8, http://www.photos8.com/dollar_eagle_paper-wallpapers.html

Berne Convention 1886
Rome Convention 1961
TRIPS Agreement 1994
WCT and WPPT 1996
stainless steel globe; Corona Park by Global Jet, http://flickr.com/photos/global-jet/2473311265

covers everything you want to use - film, music, script, dance, art, computer programs
covers everything you want to do – copy, publish, email, post online, remix, reuse, share
commercial or non-commercial
Generic 2.0No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830

literary works
compilation expressed in words, figures or symbols – incl computer programs
Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870

literary works
dramatic works
play, choreography, dumb show
Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642

literary works
dramatic works
musical works
score, tune – not recording
A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210

literary works
dramatic works
musical works
score, tune – not recording
artistic works
paintings, sculptures, photographs, diagrams, buildings & models of buildings
portrait: yellows and blues by freeparking, http://flickr.com/photos/freeparking/2801058207

OTHER SUBJECT MATTER

films
including moving images in computer games
16mm educational film screening by lorelei, http://flickr.com/photos/filmfatale/423329167

films
sound recordings
the actual ‘taping’ – eg original v cover
Audio Technica ATH-M50 byCLF, http://flickr.com/photos/clf/3184796740

films
sound recordings
broadcasts
radio and TV
Kent Portable Tube AM Radio byalexkerhead, http://flickr.com/photos/alexkerhead/3607581577

films
sound recordings
broadcasts
radio and TV
published editions
the ‘look’ and ‘layout’ of books etc
Side byeuphbass, http://flickr.com/photos/euphbass/3317710740

RIGHTS

reproduce
Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908

reproduce
communicate to the public
http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/

reproduce
publish
The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/3489545384

reproduce
publish
perform in public
Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358

reproduce
publish
perform in public
adapt (except artistic)
Cut my breath by batega, http://flickr.com/photos/batega/1467019878

reproduce
publish
perform in public
adapt (except artistic)
rental right for software
Cut my breath by batega, http://flickr.com/photos/batega/1467019878

S.O.T.W
RIGHTS

copy (only right for published editions)
Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908

perform (seen/heard in public)
Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358

also commercial rental for sound recordings

Desk Mine by Kitty de Medici, http://www.flickr.com/photos/kittieth/1370989416/
works owner = author
subject matter owner = maker
(with some exceptions)

automatic protection
registration not required
notification not required
original expression

Generic 2.0Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495

material can be protected in more than one copyright category eg computer games = literary works and films
a single product can include more than one copyright work eg broadcast = broadcast, film, sound recording, script, music, lyrics, art
Generic 2.0Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495

Generic 2.0Stop by brainware3000, http://flickr.com/photos/brainware3000/22205084

PUBLIC DOMAIN

Generic 2.0Stopwatch by wwarby, http://flickr.com/photos/wwarby/3297205226

WORKS = LIFE
Generic 2.0Tombstone of Bertha Heilborn (nee Epstein) in Guttentag cemetery by dlisbona, http://flickr.com/photos/dlisbona/1117569429

+70 YEARS
Generic 2.0Zombie! cemetery by danhollisterduck, http://flickr.com/photos/dhollister/2596483147

S.M.O.T.W
Generic 2.0Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390

70 YEARS
Generic 2.0Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390

Generic 2.0Shakespeare by Plutor, http://www.flickr.com/photos/plutor/174493667/

SUBSTANTIAL PART

Generic 2.0Tiny by AMagill, http://www.flickr.com/photos/amagill/3660775191/

EXCEPTIONS

FAIRDEALING

research or study (s40)
Generic 2.0That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920

criticism or review (s41)
Generic 2.0Cut my breath by batega, http://flickr.com/photos/batega/1467019878

parody or satire (s41A)
Generic 2.0Evil Dead Poster Parodies by jbcurio, http://flickr.com/photos/jbcurio/2593693627

reporting the news (s42)
Generic 2.0yesterdays news by chaosinjune, http://flickr.com/photos/cijmyjune/521661296

reporting the news (s42)
legal advice (s43)
Generic 2.0Barrister Bear by Shiny Things, http://flickr.com/photos/shinythings/161216658

OTHER EXCEPTIONS

public buildings and statues (s66)
incidental filming (s67)
Generic 2.0Writing for Film & Television students behind the scenes while filming "7 Day Work Week", a Port Short
by vancouverfilmschool, http://www.flickr.com/photos/vancouverfilmschool/3704913141/

STATUTORY (and blanket) LICENSING

screenrights – use of films
ppca – sound recordings
(apra-amcos – music)
Money, Money, Money by borman818, http://www.flickr.com/photos/dborman2/3258378233/

VOLUNTARY LICENSING

you can do anything with permission
OMGWTF... weighing in at 800 lbs. … by joebeone http://www.flickr.com/photos/joebeone/2585191273/

PERMISSIONS CULTURE

Tarnation
created on a mac for $218
home footage and cultural ref
screened at Sundance, won awards
http://www.youtube.com/watch?v=mLDQL23nutw
$400k for copyright clearances
http://jonathancaouette.blogspot.com/

Outfoxed
dococriticising Fox news
footage permissions not forthcoming
so released own footage under CC
…I learned how cumbersome and expensive it can be to license footage from news organizations I could think of no better way to walk the talk myself than by releasing the interviews from Outfoxed and Uncovered under a license that allows other filmmakers to use my material in new and creative ways - David Greenwald
http://www.outfoxed.org/

Aims to make copyright more flexible by providing free licences that creators can use to give certain permissions in advance

OPEN LICENSING

Generic 2.0Proce55ing Source Code by schoschie, http://flickr.com/photos/schoschie/8821223

Generic 2.0Mail art, Copyleft by Manfred Stirnemann by tomislavmedak, http://flickr.com/photos/tomislavmedak/3804029530

Generic 2.0And free as in beer by elliottbledsoe, http://flickr.com/photos/flashphotographyandscreams/2798838205

SOME RIGHTS RESERVED

CC is designed to…
provide standardised licences
that facilitate sharing
are flexible
are easy to use and understand (for people and machines) and
that apply in the same way anywhere in the world.
AUSTRALIA
CRICOS No. 00213J

CC Myths
CC is not:
anti-copyright – just another rights management tool
the public domain – just giving certain permission in advance
anti-commercial – can charge for first use, commercial uses, “premium” service, or embed advertising
right for every situation – entirely voluntary, and won’t be best solution for all creators
Free, as in beer by Unhindered by Talent available at http://www.flickr.com/photos/nicmcphee/2345633527/ under a Creative Commons Attribution ShareAlike 2.0 licence
AUSTRALIA
CRICOS No. 00213J

ATTRIBUTION

NON-COMMERCIAL

SHARE ALIKE

NO DERIVATIVE WORKS

by
by-nc
by-sa
by-nd
by-nc-sa
by-nc-nd

Attribution-ShareAlike
Attribution
Attribution-Noncommercial-ShareAlike
Attribution-Noncommercial
Attribution-Noncommercial-NoDerivatives
Attribution-NoDerivatives
AUSTRALIA
CRICOS No. 00213J

CC AS A RESOURCE

http://creativecommons.org.au/infopacks/findingmaterial

About 250 million CC objects on the internet
Over 130 million photos on Flickr alone
Thank you for sharing by Clearly Ambiguous available at http://www.flickr.com/photos/clearlyambiguous/39896923/ under a Creative Commons Attribution 2.0 licence

www.smh.com.au
Eiffel Tower at night by rednuht,
http://www.flickr.com/photos/rednuht/275062341/,
Creative Commons Attribution 2.0
http://creativecommons.org/licenses/by/2.0/deed.en

Generic 2.0Andy in the VAB by adactio, http://flickr.com/photos/adactio/301112397

http://openchannel.org.au/blogs/videoslam/

http://www.pool.org.au/

Powerhouse Museum
20x increased visitation
crowd-sourced metadata
unexpected discoveries (eg locations)‏
partnerships (eg ABC)‏
reduced costs for Australian community (eg
schools)
didn’t hurt sales
released 1500 public domain photographs to Flickr Commons
‘Play’ worksheets available under CC BY-NC
encouraged CC for ‘photo of the day’
collection descriptions and data under CC
promotional + other benefits = net +ve $
Woman holding decorated bicycle, Phillips Glass Plate Negative Collection, Powerhouse Museum, www.powerhousemuseum.com/
collection/database/collection=Phillips_Glass_Plate_Negative
CRICOS No. 00213J

Generic 2.0IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653

LICENCE COMPLIANCE

DON’T BE DEROGATORY

ATTRIBUTE

USE COMMON SENSE

LICENSING YOUR WORK

Australia 2.5Which Creative Commons licence is right for me? by ccAustralia, http://creativecommons.org.au/factsheets/licensing-flowchart

the tide of ‘big screen movie-and-popcorn’ enthusiasts did not exchange the box office lines for their computers . . . if there were no demand, the film would not have returned to the big screen
http://www.cafune.com/

Many of these videos address concerns that are largely ignored by other funding and distribution outlets. . . Creative Commons provides a very usable framework for filmmakers … They can allow reproduction and distribution while preserving some rights . . .that leaves open the potential to recoup production funds through commercial distribution of their work. – Anna Helm
http://www.engagemedia.org/

Sita Sings the Blues – Nina Paley
Total donations from people who appreciate her giving out free content: $23,000
Profits from her online store which sells merchandise and DVDs: $19,000
Theatrical distribution revenues: $3,000 (out of total box office tally of $22,350)
Additional DVD distribution: $3,000
Broadcast television distribution: $3,000
Revenue from Central Cinema in Seattle which showed the film: $4,000
Grand total: $55,000
http://www.sitasingstheblues.com/

While the traditional industries are resisting, new players like Apple are taking the spoils
- Joe Trippi, Obama campaign adviser
My fans' tireless evangelism for my work doesn't just sell books - it sells me.
Cory Doctorow, author (Forbes, Jan 2006)
Connect With Fans (CwF) + Reason To Buy (RtB) = Business Model
Mike Masnick, Techndirt (Midemnet, Feb 2009)
http://techdirt.com/articles/20090201/1408273588.shtml
The question to ask is, "What portion of the world knows my brand?"
- Jonathon Schwartz, COO Sun Microsystems (CNET, Aug 2007)
Creative Commons is like having 100,000 free publicity officers.
- Pete Foley, Black brow (http://wiki.creativecommons.org/Black_brow)

Two Fists, One Heart
using CC as a promotional tool
Aussie film released 30 minutes of unused footage and soundtrack under CC BY (March 2009)
To encourage remixing, running competition with AFTRS - best 5 remixes get posted to Disney’s official site
Suggested by publicists Norg Media, to give value to junk material
“To me, the thought of footage being wasted and unused when someone could make something really creative with it was a real shame. There are so many people out there cutting great videos and posting them on YouTube, but the biggest barrier is often having the footage to play with. This way we could give them something to use - and the footage is what professional editors deal with - and promote the film at the same time - it was a win-win.”
– BrownenClune, Norg Media
http://cutyourownscene.com/

Revver
Advertising supported
Video sharing site with embedded advertising – money split 50/50 with creators
All videos under Creative Commons BY-NC-ND licence – to allow for maximum distribution
Success story – Eepybird.com’s “Extreme diet coke and mentos experiment” - watched over 6 million times; made US$30,000 in first year
Now hosts other popular video series - eg Lonelygirl15, “ask a ninja”
Countless previews
http://www.revver.com/

Beatpick
‘premium service’ model
‘Fairplay’ music label
All music downloadable DRM free under Creative Commons BY-NC-SA licence
Sells ‘high quality’ downloads
Negotiates ‘commercial’ licences
Success story – “Memories Child” by Jamison Young (Australian musician) licensed for “The X-Files: I Want to Believe“ feature film
Has also licensed material for ads, video games, corporate events, political campaigns
http://www.beatpick.com/

9 tracks free download
36 tracks licensed
5 payment options
$300 ultra deluxe package
2500 units
sold out in 30 hours
amazon’s highest selling MP3s
United States 2.0Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com

“The end result is a wildly varied body of music that we're able to present to the world in ways the confines of a major record label would never have allowed – from a 100% DRM-free, high-quality download, to the most luxurious physical package we've ever created.” – Trent Reznor
United States 2.0Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com

Generic 2.0IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653

DO I HAVE THE RIGHTS?

HOW DO I WANT TO ENGAGE, AND WITH WHO?

WHAT’S MY BUSINESS MODEL?

WHAT DO I WANT?

Thanks
creativecommons.org
wiki.creativecommons.org/casestudies
creativecommons.org.au
info@creativecommons.org.au
Carpeted commons by Glutnix, http://www.flickr.com/photos/glutnix/2079709803/in/pool-ccswagcontest07 available under a Creative Commons Attribution 2.0 licence, http://creativecommons.org/licenses/by/2.0/deed.en
This slide show is licensed under a Creative Commons Australia Attribution licence. For more information see http://creativecommons.org/licenses/by/2.5/au/.
Images in the slideshow are licensed as marked.
CRICOS No. 00213J

Beyond the Rights Clearance Culture: new ways to think about copyright in film

by Jessicacoates on Mar 09, 2010

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Beyond the Rights Clearance Culture: new ways to think about copyright in film — Presentation Transcript

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