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

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

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A beginners guide to copyright and Creative Commons from a 3 hour workshop presented at the Byron Bay Film Festival in March 2010. ...

A beginners guide to copyright and Creative Commons from a 3 hour workshop presented at the Byron Bay Film Festival in March 2010.

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  • you know, second thoughts, it doesn't really need audio does it.. great job
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  • Hi Brian and Jessica.. do you think you could give us who weren't there, an audio recording to go with these slides.. (looks up) 134 slides!!! that'd be a pretty huge remake.. my guess this presentation was a larry lessig style run.. anyway, just a request/suggestion
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  • We’re hear to talk about copyright
  • reproduce the work. This includes any form of copying of the whole or part of the work including photocopies, copying it by hand, recording a dictation of it, scanning it into a digital file format or printing out a copy from a digital file.
  • reproduce the work. This includes any form of copying of the whole or part of the work including photocopies, copying it by hand, recording a dictation of it, scanning it into a digital file format or printing out a copy from a digital file.
  • We’re hear to talk about copyright
  • The Gutenberg printing press.Although some legislative moves to create a right to control reproduction of books had occurred earlier, including the Licensing Act of 1662 passed by the King of England and Scotland, the legislative instrument commonly held to be the origin of modern copyright law is
  • So copyright was basically invented to ensure that creators could make money from their creation.But this system has become far more complex over the last few hundred years.
  • Copyright is now governed by a series of international treaties – these are some of the most important, but they are by no means all.This has the advantage of ensuring that copyright applies fairly uniformly worldwide – though there are still differences.And as with any joint agreement, the influences on these treaties and their development becomes quite complex.Ben will tell you more about this . . .
  • And the rights are automatic
  • This is the phrase that most people associate with copyright – but does anyone know what it means?Copyright basically is an area of law that vests certain exclusive rights in the creators to control the use their creations.
  • The important thing to note is the copyright isn’t just one right – it’s rights plural. Copyright is a misnomer. It really should be copyrightsThe rights conveyed by copyright apply to a lot of different materials, and a lot of different acts.
  • So looking first at what copyright protects.The core materials that copyright applies to are called ‘works’
  • literary works;
  • dramatic works;
  • musical works; and
  • artistic works, or they be
  • Copyright also protects other materials that can be created by combining these works.These are called ‘other subject matter’ and include
  • films;
  • sound recordings;
  • television and radio broadcasts; or
  • published editions.
  • The creators of these kinds of materials have a number of different exclusive rights over them. The rights the creator has depends on the type of material.For works, there are five rights
  • reproduce the work. This includes any form of copying of the whole or part of the work including photocopies, copying it by hand, recording a dictation of it, scanning it into a digital file format or printing out a copy from a digital file. The right to publish the work. In other words, to make copies of it available to the public for the first time.
  • communicate the work. This includes any form of transmission such as publishing it online, broadcasting it or emailing digital files containing the work.introduced by Digital Agenda Act 2000 must be ‘to the public’ – ie the copyright owner’s public - Telstra Corporation Ltd v Australasian Performing Right Association Ltd (1997) 191 CLR 140 maker = person responsible for determining the content of the communication: s 22(6) – ie sender, not receivera link is not a communication - Universal Music Australia Pty Ltd v Cooper [2005] FCA 972communicate" means make available online or electronically transmit (whether over a path, or a combination of paths, provided by a material substance or otherwise) a work or other subject-matter, including a performance or live performance within the meaning of this Act.
  • publish the work. In other words, to make copies of it available to the public for the first time.
  • perform or recite the work in public.
  • reproduce the work. This includes any form of copying of the whole or part of the work including photocopies, copying it by hand, recording a dictation of it, scanning it into a digital file format or printing out a copy from a digital file.
  • reproduce the work. This includes any form of copying of the whole or part of the work including photocopies, copying it by hand, recording a dictation of it, scanning it into a digital file format or printing out a copy from a digital file.
  • Other subject matter, on the other hand, are only given three main rights – this is because they’re basically seen as ‘derivatives’ of the main works.These rights are phrased slightly differently than those above, but essentially cover the same ground
  • Copy the work – so burning a DVD to a computer
  • Cause it to be seen or heard in public – playing it in a pub or hairdresser
  • communicate the work to the public – same as before. Eg streaming, uploading and downloading
  • communicate the work to the public – same as before. Eg streaming, uploading and downloading
  • You need the copyright owner’s permission before you can perform any of these acts
  • Again – the language differs depending on the type of material, but the concept remains basically the same.Importantly, for films the terminology is ‘the person who is responsible for making the arrangements necessary for making the film’ – this is basically the producer, but for certain limited purposes the director (retransmission of film) and even the scriptwriter (moral rights) also has rights
  • And the rights are automatic
  • An important thing to note is that all these rights over different materials belonging to different people apply simultaneously – in different ‘layers’.So, for example, a song may include a musical work – the composition – as well as a literary work – the lyrics. The composer will have all the exclusive rights in the composition and the lyricist will have all the exclusive rights in the literary work.If it’s been recorded, then the producer will own all the rights over the sound recordingof copyright material.This is particularly important for you as film makers – as films have the most complex layering of rights
  • An important thing to note is that all these rights over different materials belonging to different people apply simultaneously – in different ‘layers’.So, for example, a song may include a musical work – the composition – as well as a literary work – the lyrics. The composer will have all the exclusive rights in the composition and the lyricist will have all the exclusive rights in the literary work.If it’s been recorded, then the producer will own all the rights over the sound recordingof copyright material.This is particularly important for you as film makers – as films have the most complex layering of rights
  • This is what makes copyright hard.Because you need the permission of each of these different copyright owners before you can use the work.In fact, they need each other’s permission before they can use the final work (eg CD), such as publishing it or putting it online.Well – in most circumstances you need their permission. There are exceptions:
  • The first is if copyright has ended in a work, and it’s in the public domain
  • Unfortunately, copyright lasts a long time
  • For works, it is the life of the author
  • Plus 70 years - Your copyright lives on posthumously
  • For subject matter, it’s shorter, but still long.So most of the works you will want to use won’t be in the public domain
  • For subject matter, it’s shorter, but still long.So most of the works you will want to use won’t be in the public domain
  • For subject matter, it’s shorter, but still long.So most of the works you will want to use won’t be in the public domain
  • Copyright is a misnomer. It really should be copyrights
  • The courts have ruled that a ‘substantial part’ can be extremely small.
  • You can also use the material without permission if an exception applies
  • The most common exceptions that you are most likely to use are the fair dealing exceptions
  • Obviously the first 3 will be the most useful for you
  • Copyright is a misnomer. It really should be copyrights
  • s 67
  • Copyright is a misnomer. It really should be copyrights
  • This is what makes copyright hard.Because you need the permission of each of these different copyright owners before you can use the work.In fact, they need each other’s permission before they can use the final work (eg CD), such as publishing it or putting it online.Well – in most circumstances you need their permission. There are exceptions:
  • Copyright is a misnomer. It really should be copyrights
  • This is what makes copyright hard.Because you need the permission of each of these different copyright owners before you can use the work.In fact, they need each other’s permission before they can use the final work (eg CD), such as publishing it or putting it online.Well – in most circumstances you need their permission. There are exceptions:
  • Copyright is a misnomer. It really should be copyrights
  • Creative Commons comes in. Hopefully you’ll remember from the last lecture I gave,
  • Copyright is a misnomer. It really should be copyrights
  • reproduce the work. This includes any form of copying of the whole or part of the work including photocopies, copying it by hand, recording a dictation of it, scanning it into a digital file format or printing out a copy from a digital file.
  • Standard copyright law says that you can’t reproduce or communicate creative material (eg movies, books, music etc) without the copyright owner’s permission, except in very limited circumstancesThe problem with this in the digital era is that every use of material makes a reproduction. This includes just viewing This means that, under the default copyright laws, printing out a webpage, emailing a picture to your friend, making a digital collage or remix work etc will all generally infringe copyright
  • reproduce the work. This includes any form of copying of the whole or part of the work including photocopies, copying it by hand, recording a dictation of it, scanning it into a digital file format or printing out a copy from a digital file.
  • This is the phrase that most people associate with copyright – but does anyone know what it means?Copyright basically is an area of law that vests certain exclusive rights in the creators to control the use their creations.
  • Creative Commons comes in. Hopefully you’ll remember from the last lecture I gave,
  • Creative Commons comes in. Hopefully you’ll remember from the last lecture I gave,
  • Creative Commons comes in. Hopefully you’ll remember from the last lecture I gave,
  • Creative Commons comes in. Hopefully you’ll remember from the last lecture I gave,
  • Creative Commons comes in. Hopefully you’ll remember from the last lecture I gave,
  • although my experience working with the literary world, I sometimes suspect they think the world is more like this; FLAT!
  • although my experience working with the literary world, I sometimes suspect they think the world is more like this; FLAT!
  • although my experience working with the literary world, I sometimes suspect they think the world is more like this; FLAT!
  • although my experience working with the literary world, I sometimes suspect they think the world is more like this; FLAT!
  • although my experience working with the literary world, I sometimes suspect they think the world is more like this; FLAT!
  • The Gutenberg printing press.
  • The legal concept of copyright
  • http://www.freesound.org/samplesViewSingle.php?id=9432
  • UK-based web developer and hobbyist photographer Jeremy Keith recounts how a vacation photograph he took inside NASA’s Vehicle Assembly Building came to be used in the 2008 blockbuster Iron Man.
  • http://www.freesound.org/samplesViewSingle.php?id=9432
  • http://www.freesound.org/samplesViewSingle.php?id=9432
  • Standard copyright law says that you can’t reproduce or communicate creative material (eg movies, books, music etc) without the copyright owner’s permission, except in very limited circumstancesThe problem with this in the digital era is that every use of material makes a reproduction. This includes just viewing This means that, under the default copyright laws, printing out a webpage, emailing a picture to your friend, making a digital collage or remix work etc will all generally infringe copyright
  • The legal concept of copyright
  • If you’re still unsure which Creative Commons licence I recommend using the licensing flowchat created by Creative Commons Australia. Start at the green box and work your way through the questions. You should either end up at “All Rights Reserved” or one of the purple licence boxes.
  • A Brazilian feature film – Cafuné – has been simultaneously released both in the cinemas and on the Internet, allowing the audience create different story ends.Bruno Vianna’s first feature film, called Cafuné, is pioneering an innovative distribution scheme. On August 25th, 2006, it started in the Brazilian movie theaters. In the same day, it was made available for downloading online under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Brazil licence, allowing anyone to download, copy and distribute it for non-commercial purposes. It also allows anyone to make their own cut of the film, subsequently releasing the result, as long as they use the same Creative Commons license.In spite of the growing number of movies being produce in Brazil, only approximately 50 Brazilian movies are released in the Brazilian movie theaters every year, creating a significant distribution funnel. Bruno Viana´s initiative demonstrates new possibilities that might help to overcome the narrow, existing distribution channels. As Bruno says: “Why should movies be restricted to a few cinemas that can show the film only for a short period of time? Why shouldn’t we seek wider audience, exploring all possible means of distribution?”In Brazil, the absolute majority of films are produced by a public financing system. Making movies available online is a way to increase the value of the film to the public, and to society as whole. The simultaneous release was only made possible because of the support of his distributor, the well-known Grupo Estação, based in Rio de Janeiro.Bruno Vianna is known as a short film director concerned with social problems, violence, and gender. The film takes place in the city of Rio de Janeiro, and tells the story of a rich girl falling in love with a poor guy living in the favelas (shantytowns). Viana explores the way people live in Rio de Janeiro, and examines interesting aspects of the contemporary “carioca” society.Another pioneering decision in the distribution of the film is that movie theaters received two versions of the same film. Accordingly, depending on the movie theater that the film is watched, a different conclusion to the story takes place. Bruno´s idea was to demonstrate the narrative possibilities from the same film. Following the director´s example, the audiences will be able to create their own finales to the movie.The two versions of Cafuné are available for downloading at the Overmundo website: one 91 minutes long and one 73 minutes long. More info available here.Thanks to Ronaldo who heads up the CC Brazil team (among many other things) for the information for this posting.
  • Down and Out in the Magic Kingdom, was published by Tor Books in January 2003. 5 novels, 1 short story collection and 1 non-fiction book.
  • Down and Out in the Magic Kingdom, was published by Tor Books in January 2003. 5 novels, 1 short story collection and 1 non-fiction book.
  • Standard copyright law says that you can’t reproduce or communicate creative material (eg movies, books, music etc) without the copyright owner’s permission, except in very limited circumstancesThe problem with this in the digital era is that every use of material makes a reproduction. This includes just viewing This means that, under the default copyright laws, printing out a webpage, emailing a picture to your friend, making a digital collage or remix work etc will all generally infringe copyright

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

  • 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
  • ALL RIGHTS RESERVED
  • ALL RIGHTS RESERVED
  • WORKS
  • literary works
    compilation expressed in words, figures or symbols – incl computer programs
    Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870
  • literary works
    compilation expressed in words, figures or symbols – incl computer programs
    dramatic works
    play, choreography, dumb show
    Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642
  • literary works
    compilation expressed in words, figures or symbols – incl computer programs
    dramatic works
    play, choreography, dumb show
    musical works
    score, tune – not recording
    A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210
  • literary works
    compilation expressed in words, figures or symbols – incl computer programs
    dramatic works
    play, choreography, dumb show
    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
    including moving images in computer games
    sound recordings
    the actual ‘taping’ – eg original v cover
    Audio Technica ATH-M50 byCLF, http://flickr.com/photos/clf/3184796740
  • films
    including moving images in computer games
    sound recordings
    the actual ‘taping’ – eg original v cover
    broadcasts
    radio and TV
    Kent Portable Tube AM Radio byalexkerhead, http://flickr.com/photos/alexkerhead/3607581577
  • films
    including moving images in computer games
    sound recordings
    the actual ‘taping’ – eg original v cover
    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
    communicate to the public
    publish
    The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/3489545384
  • reproduce
    communicate to the public
    publish
    perform in public
    Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
  • reproduce
    communicate to the public
    publish
    perform in public
    adapt (except artistic)
    Cut my breath by batega, http://flickr.com/photos/batega/1467019878
  • reproduce
    communicate to the public
    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
  • copy (only right for published editions)
    perform (seen/heard in public)
    Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
  • copy (only right for published editions)
    perform (seen/heard in public)
    communicate to the public
    http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/
  • copy (only right for published editions)
    perform (seen/heard in public)
    communicate to the public
    also commercial rental for sound recordings
    http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/
  • Generic 2.0No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
  • 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 2.0No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
  • 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
  • research or study (s40)
    criticism or review (s41)
    Generic 2.0Cut my breath by batega, http://flickr.com/photos/batega/1467019878
  • research or study (s40)
    criticism or review (s41)
    parody or satire (s41A)
    Generic 2.0Evil Dead Poster Parodies by jbcurio, http://flickr.com/photos/jbcurio/2593693627
  • research or study (s40)
    criticism or review (s41)
    parody or satire (s41A)
    reporting the news (s42)
    Generic 2.0yesterdays news by chaosinjune, http://flickr.com/photos/cijmyjune/521661296
  • research or study (s40)
    criticism or review (s41)
    parody or satire (s41A)
    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
  • ALL RIGHTS RESERVED
  • 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
    part of the Creative Commons international initiative
    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
    part of the Creative Commons international initiative
    CRICOS No. 00213J
  • ATTRIBUTION
  • (BY)
  • NON-COMMERCIAL
  • (NC)
  • SHARE ALIKE
  • (SA)
  • NO DERIVATIVE WORKS
  • (ND)
  • 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
    part of the Creative Commons international initiative
    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
  • NEED NON-© RIGHTS?
  • 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