Cultural Production In The Digital Age: Barriers and Incentives COM302 21 May 2008 Kathy E. Gill

COM302

21 May 2008 Kathy E. Gill

Framing Web 2.0 Technologies

These technologies change how we interact with (digital) cultural objects. We are no longer merely a consumer; we can also be a producer.

These technologies change how we interact with (digital) cultural objects.

We are no longer merely a consumer; we can also be a producer.

This is a shift from the late 20th century model:

In Our Digital World, It Is Easier to Borrow, Copy, Manipulate

This means it is technically easier to express ourselves in new, creative ways.

Traditional Model Mediated Communication was a one-way Mass Communication Model

Mediated Communication was a one-way Mass Communication Model

New Model Mediated communication is transitioning to a circular (Osgood & Schramm) interpersonal model

Mediated communication is transitioning to a circular (Osgood & Schramm) interpersonal model

What are the cultural industries? News media Advertising industry Television & movies Music Fashion What else?

News media

Advertising industry

Television & movies

Music

Fashion

What else?

Quotable “ [N]on-commercial cultural production and unconstrained expression within the Internet undermines capitalism’s production of meaning.” p135 - from Michael Strangelove, The Empire of Mind (University of Toronto Press, 2005)

“ [N]on-commercial cultural production and unconstrained expression within the Internet undermines capitalism’s production of meaning.” p135 - from Michael Strangelove, The Empire of Mind (University of Toronto Press, 2005)

The pejorative: The cult of the amateur SuperBowl Commercials YouTube Democratic Presidential Debate

SuperBowl Commercials

YouTube Democratic Presidential Debate

The Clash Culture as a freely flowing current of ideas and practices runs head first into culture as intellectual property

Culture as a freely flowing current of ideas and practices runs head first into culture as intellectual property

Ask permission each time Ask permission each use

Framing A 10-minute explanation of copyright … using words from one of the largest copyright owners in the world

A 10-minute explanation of copyright … using words from one of the largest copyright owners in the world

The Barrier Copyright originated in a time when the view of authors was romantic: "originality was elevated to being located in and belonging to the self of the author" ... words created by these authors were considered "original" and thus distinguishable from mass-produced commodities. (Lessig, presentation, Copyright, Cultural Production and Open Content Licensing)

Copyright originated in a time when the view of authors was romantic: "originality was elevated to being located in and belonging to the self of the author" ... words created by these authors were considered "original" and thus distinguishable from mass-produced commodities. (Lessig, presentation, Copyright, Cultural Production and Open Content Licensing)

Important Terms Copyright Exclusive Rights First Sale Infringement Fair Use Public Domain

Copyright

Exclusive Rights

First Sale

Infringement

Fair Use

Public Domain

Terms: Copyright Copyright law protects “creative and expressive works” Automatic (do not have to file, register) Scope: http://copyright.gov/ Does not extend to ideas or facts

Copyright law protects “creative and expressive works”

Automatic (do not have to file, register)

Scope: http://copyright.gov/

Does not extend to ideas or facts

How Long Does It Last? A Long Time! In 1709, copyright lasted 14 years Prior to 1923, content public domain (probably) After 1978, the life of the author + 70 years OR work-for-hire, 95 years from publication or 125 years from creation Between 1923 and 1978 … talk to a lawyer!

A Long Time!

In 1709, copyright lasted 14 years

Prior to 1923, content public domain (probably)

After 1978, the life of the author + 70 years OR work-for-hire, 95 years from publication or 125 years from creation

Between 1923 and 1978 … talk to a lawyer!

Rights Happen On Creation Copyright is an exclusive right: you control reproduction, distribution, derivative works, public display, performance Who owns? Biz or employee? On company time, the company Contract – specify if first sale or exclusive

Copyright is an exclusive right: you control reproduction, distribution, derivative works, public display, performance

Who owns? Biz or employee?

On company time, the company

Contract – specify if first sale or exclusive

Copyright Reach Originality was required in copyright law, historically Today, only de minimis originality Watch YouTube Clip of Canadian Student Project (offline copy)

Originality was required in copyright law, historically

Today, only de minimis originality

Watch YouTube Clip of Canadian Student Project (offline copy)

Infringement "Copyright infringement" means exercising one of the copyright holder's exclusive rights without permission. Should a copyright holder sue on grounds of infringement, the defendent may argue that the use was "fair use" The fair use doctrine allows copyrighted works to be used in some circumstances, such as commentary, criticism, news reporting or educational use.

"Copyright infringement" means exercising one of the copyright holder's exclusive rights without permission.

Should a copyright holder sue on grounds of infringement, the defendent may argue that the use was "fair use"

The fair use doctrine allows copyrighted works to be used in some circumstances, such as commentary, criticism, news reporting or educational use.

The Enforcer Digital Rights Management tend to think of this with movies and songs, but also can be pay-to-view sections of any website like nyt select RIAA “cease and desist” letters

Digital Rights Management

tend to think of this with movies and songs, but also can be pay-to-view sections of any website like nyt select

RIAA “cease and desist” letters

Fair Use Details See Section 107 of the Copyright Act; fair use determined by: The purpose and character of the use; The nature of the copyrighted work; The amount and substantiality of the portion used; and The effect of the use on the potential market for or value of the copyrighted work.

See Section 107 of the Copyright Act; fair use determined by:

The purpose and character of the use;

The nature of the copyrighted work;

The amount and substantiality of the portion used; and

The effect of the use on the potential market for or value of the copyrighted work.

Terms: Public Domain When the copyright term expires, works revert to public domain. The copyright holder may dedicate works to the public domain; eg, works funded by the US Government. PD works are freely available for use by anyone for anything.

When the copyright term expires, works revert to public domain.

The copyright holder may dedicate works to the public domain; eg, works funded by the US Government.

PD works are freely available for use by anyone for anything.

Controversy Copyright purpose is to “ promote the progress of science and the useful arts ” … and the duration for exclusivity is to be “ limited ” … - US Constitution

Copyright purpose is to “ promote the progress of science and the useful arts ” … and the duration for exclusivity is to be “ limited ” … - US Constitution

Incentives Change the licenses Creative Commons Free Art GNU

Change the licenses

Creative Commons

Free Art

GNU

some rights reserved no rights reserved all rights reserved

attribution non-commercial no derivative works

share alike: remix-ready, derivatives licensed on same terms

General Characteristics Right to access or use Right to make copies Right to make modifications Right to distribute Right to create derivative works

Right to access or use

Right to make copies

Right to make modifications

Right to distribute

Right to create derivative works

Digital technologies enable a "Tinkering culture" -- a "read write rip burn culture"

Sources Copyright, Fair Use & The Evolution of Creative Commons: http://www.slideshare.net/cliotech/copyright-the-evolution-of-creative-commonshttp:/www.slideshare.net/cliotech/copyright-the-evolution-of-creative-commons Copyright and Options for Creative Practitioners: http://www.slideshare.net/creativecommonsaustralia/creative-copyright-copyright-and-options-for-creative-practitioners A Fair(y) Use Tale: http://youtube.com/watch?v=CJn_jC4FNDo Image: Consume. Be silent. Die. (unknown) Web 2.0 Image (1): http://joevans.pbwiki.com/Web+2+Point+O+Tools Web 2.0 Image (2): http://www.robmillard.com/archives/tools-for-strategists-web-20-confusion-hindering-firms.html

Copyright, Fair Use & The Evolution of Creative Commons: http://www.slideshare.net/cliotech/copyright-the-evolution-of-creative-commonshttp:/www.slideshare.net/cliotech/copyright-the-evolution-of-creative-commons

Copyright and Options for Creative Practitioners: http://www.slideshare.net/creativecommonsaustralia/creative-copyright-copyright-and-options-for-creative-practitioners

A Fair(y) Use Tale: http://youtube.com/watch?v=CJn_jC4FNDo

Image: Consume. Be silent. Die. (unknown)

Web 2.0 Image (1): http://joevans.pbwiki.com/Web+2+Point+O+Tools

Web 2.0 Image (2): http://www.robmillard.com/archives/tools-for-strategists-web-20-confusion-hindering-firms.html

Kathy E. Gill http://wiredpen.com and http://faculty.washington.edu Some Rights Reserved:

Kathy E. Gill

http://wiredpen.com and http://faculty.washington.edu

Some Rights Reserved: