Cultural Production In A Digital Age

Cultural Production In The Digital Age: Barriers and Incentives
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.

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

New 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?

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)

The pejorative: The cult of the amateur
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

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

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)

Important Terms
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

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!

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 Reach
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.

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

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.

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.

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

Incentives
Change the licenses
Creative Commons
Free Art
GNU

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

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

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

Cultural Production In A Digital Age

by Kathy Gill on May 21, 2008

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Cultural Production In A Digital Age — Presentation Transcript