Creative Commons Presentation to ASMP


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Creative Commons Presentation to ASMP

  1. 1. C Fred Benenson ASMP Board Meeting November 15th, 2009
  2. 2. What is C? We’re a 501c3 corporation headquartered in San Francisco with 30 employees around the world. We’rea non-profit. We do not offer legal services per se. We offer free legal and technology tools that allow creators to publish their works on more flexible terms than standard copyright. Terms that allow public sharing, reuse, and remix.
  3. 3. Why?
  4. 4. #1
  5. 5. Analog Media Uses Implicating All © Law Possible Uses of a Work Fair Uses
  6. 6. Digital Media Uses Implicating © Law All Fair Uses Possible Uses of a Work* *Where every use is a copy.
  7. 7. #2
  8. 8. The State of the Commons Prior to 2002 Public Domain Default Automatic © All Rights Reserved No Rights Reserved Orphan Works Pre-1923 works, Federal Everything from Disney films Government Works, etc. to your notes, to most of the web.
  9. 9. Introducing: C No Rights Reserved Some Rights Reserved All Rights Reserved Orphan Works Pre-1923 works, Federal Government Works, etc. Everything from Disney films c to your notes, to most of the web.
  10. 10. #3
  11. 11. The Stack Creative Commons Knowledge and Ideas HTTP/The Web Documents TCP/IP The Network Ethernet Computers
  12. 12. What does C actually do?
  13. 13. Licensing Step 1: Choose Conditions Attribution Share Alike Non-Commercial No Derivative Works
  14. 14. Licensing Step 2: Receive a License
  15. 15. Some Considerations Publiclicenses are irrevocable and perpetual However works can be removed from public and their licenses can be changed CC licenses are non-exclusive Dual licensing Creative Commons licenses do not preclude fair uses, fair dealing, etc.
  16. 16. Most Importantly CC Licenses are built on top of © law Violate the terms of a CC license? Your rights to use the work are terminated. Creator eligible for remedies under traditional © law for infringement. CC Licenses do not replace, substitute, or provide an alternative to ©.
  17. 17. Three Different Formats
  18. 18. Format #1: Human Readable Deed
  19. 19. Format #2: Lawyer Readable Legal Code
  20. 20. Format #3: Machine Readable Metadata <span xmlns:cc="" xmlns:dc="http://"> <span rel="dc:type" href="" property="dc:title">My Photo</span> by <a rel="cc:attributionURL" property="cc:attributionName" href="http://">Fred Benenson</a> is licensed under a <a rel="license" href=" 3.0/">Creative Commons Attribution 3.0 License</a>. <span rel="dc:source" href=""/> Permissions beyond the scope of this license may be available at <a rel="cc:morePermissions" href=" revenue_sharing_agreement">OZMO</a>.</span> </span>
  21. 21. International Jurisdictions
  22. 22. Licensed Objects via G/Y!
  23. 23. 120+ Million CC Licensed Photos on Flickr
  24. 24. Jacobsen v. Katzer
  25. 25. "... Open source licensing has become a widely used method of creative collaboration that serves to advance the arts and sciences in a manner and at a pace that few could have imagined just a few decades ago. For example, the Massachusetts Institute of Technology uses a Creative Commons public license for an OpenCourseWare project that licenses all 1800 MIT courses. ... There are substantial benefits, including economic benefits, to the creation and distribution of copyrighted works under public licenses that range far beyond traditional license royalties.” Jacobsen v. Katzer, US Court of Appeals for the Federal Circuit – August 18th, 2008, Case no. 2008-1001
  26. 26.
  28. 28. Projects licensing search science ccLearn commons ccInternational
  29. 29. Jonathan Coulton
  30. 30. Jonathan Coulton Commoner Letter “ ... It’s hard to overstate the degree to which CC has contributed to my career as a musician. In 2005 I started Thing a Week, a project in which I recorded a new song every week and released it for free on my website and in a podcast feed, licensing everything with Creative Commons. Over the course of that year, my growing audience started to feed back to me things they had created based on my music: videos, artwork, remixes, card games, coloring books. I long ago lost track of this torrent of fan-made stuff, and of course I’ll never know how many people simply shared my music with friends, but there’s no question in my mind that Creative Commons is a big part of why I’m now able to make a living this way. Indeed, it’s where much of my audience comes from - there are some fan-made music videos on YouTube that have been viewed millions of times. That’s an enormous amount of exposure to new potential fans, and it costs me exactly zero dollars. When you’re an artist, it’s a wonderful thing to hear from a fan who likes what you do. But it’s even more thrilling to see that someone was moved enough to make something brand new based on it - that your creative work has inspired someone to do more creative work, that your little song had a child and that child was a YouTube video that a million people watched. A Creative Commons license is like a joy multiplier. The art you create adds to the world whenever someone appreciates it, but you also get karma credit for every new piece of art it inspires. And around and around. This is my favorite thing about Creative Commons: the act of creation becomes not the end, but the beginning of a creative process that links complete strangers together in collaboration. To me it’s a deeply satisfying and beautiful vision of what art and culture can be. ...”
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