0
Tom Tenney
http://inc.ongruo.us
11.4.10
What It’s Not
Piracy
What It’s Not
Piracy
Anti-Copyright
What It’s Not
Piracy
Anti-Copyright
Plagiarism
New York Times
February 27, 2010
New York Times
February 27, 2010
So What Is It?
• Calls for the restoration of copyright as a
contract for a limited monopoly on work so
that both artists ...
So What Is It?
• Calls for the restoration of copyright as a
contract for a limited monopoly on work so
that both artists ...
Copyright
A Brief History
Statute of Anne – England, 1709
Statute of Anne – England, 1709
AKA The Copyright Act of 1709
Statute of Anne – England, 1709
AKA The Copyright Act of 1709
AKA An Act for the Encouragement
of Learning, by vesting the...
Statute of Anne – England, 1709
• First Copyright Statute
• Granted publishers legal protection for 14
years, renewable fo...
US Copyright Law
• First law (1790) allowed for 14 years,
renewable for another 14.
• Purpose, according to US Constitutio...
US Copyright Law
Its purpose was to strike a balance between:
1. Encouraging creativity by giving exclusive
rights to crea...
US Copyright Law
Its purpose was to strike a balance between:
1. Encouraging creativity by giving exclusive
rights to crea...
US Copyright Law
2 Central Ideas
• Idea/Expression Dichotomy
– Copyright Protects an ideas expression, but not
the idea it...
US Copyright Law
2 Central Ideas
• FAIR USE (Sect. 107)
– Also codified in 1976
– Provides exception for exclusive rights ...
US Copyright Law
2 Central Ideas
• FAIR USE (Sect. 107)
– Fair use is judged by certain criteria:
1. Purpose and Character...
US Copyright Law
Key Changes since 1790
• 1831 – 28 years with 14-year renewal
US Copyright Law
Key Changes since 1790
• 1831 – 28 years with 14-year renewal
• 1909 – 28 years with 28-year renewal
US Copyright Law
Key Changes since 1790
• 1831 – 28 years with 14-year renewal
• 1909 – 28 years with 28-year renewal
• 19...
US Copyright Law
Key Changes since 1790
• 1831 – 28 years with 14-year renewal
• 1909 – 28 years with 28-year renewal
• 19...
US Copyright Law
Key Changes since 1790
And Finally….
US Copyright Law
Key Changes since 1790
The Digital Millennium
Copyright Act
(1998)
US Copyright Law
Key Changes since 1790
The Digital Millennium Copyright Act
2 Major Provisions
US Copyright Law
Key Changes since 1790
The Digital Millennium Copyright Act
2 Major Provisions
1. Anti-Circumvention:
Cri...
US Copyright Law
Key Changes since 1790
The Digital Millennium Copyright Act
2 Major Provisions
1. Anti-Circumvention:
Cri...
Roots of Remix:
Appropriation in Art, Film, and Music
Roots of Remix:
Every major school of art, and (arguably) every artist, has
used creative appropriation in some form in cr...
Roots of Remix:
DADA:
John Heartfield Hanna Hoch Marcel Duchamp
Roots of Remix:
POP:
Roy Lichtenstein Andy Warhol Tom Wesselmann
For more examples, watch this short video
Roots of Remix:
Film: 1928
Steamboat Bill, Jr. Steamboat Willie
Roots of Remix:
Film: 1936
Joseph Cornell: Rose Hobart (clip)
Roots of Remix:
Film: 2010
Sex & The Remix Helping Johnny Remember
Elisa Kreisinger Ashleigh Nankivell
Roots of Remix:
Film: 2010
Kenneth Tin-Kin Hung: In G.O.D. We Trust
Roots of Remix:
Music: 1991
Negativland: U2
Roots of Remix:
Music: Hip-Hop/Sampling
DJ Kool Herc
• Jamaica  Bronx, 1967
• Brought “versioning” from
Jamaica
• Pioneer...
Roots of Remix:
Music: Hip-Hop/Sampling
Grandmaster Flash
• 1981: “The Adventures of
Grandmaster Flash on the Wheels of
St...
Roots of Remix:
Music: Hip-Hop/Sampling
The Beastie Boys
• 1989: “Paul’s Boutique”
• Record contained 105 samples
• 24 Sam...
Roots of Remix:
Music: Hip-Hop/Sampling
2 Landmark Cases
1989: 2 Live Crew 1991: Biz Markie
“Pretty Woman” “Alone Again”
Roots of Remix:
Music: Hip-Hop/Sampling
2 Landmark Cases: Rulings
2 Live Crew
Biz Markie
Campbell vs. Acuff-Rose Music
The...
Roots of Remix:
Music: Hip-Hop/Sampling
2010: Girl Talk
• Music is comprised almost entirely of
samples.
• His 2008 album ...
AUTHORSHIP
Remix Culture Today
Remix Culture Today
Lawrence Lessig
www.lessig.org
Books:
• Remix (2008)
• Free Culture (2005)
• The Future of Ideas (2002...
Remix Culture Today
Cory Doctorow
www.craphound.com
www.boingboing.net
Books:
• Content (2008)
• For the Win (2010)
• Make...
Remix Culture Today
Henry Jenkins
www.henryjenkins.org
Books:
• Convergence Culture (2008)
• Fans, Bloggers & Gamers (2006...
Remix Culture Today
A nonprofit organization working to increase the
amount of creativity (cultural, educational, and
scie...
Remix Culture Today
• Founded in 1990
• Coalition of lawyers, analysts,
activists and technologists
•Actively defends:
•Fr...
Remix Culture Today
Open Video Alliance – openvideoalliance.org
•A coalition of organizations and individuals devoted to f...
Remix Culture Today
RE/Mixed Media Festival 2011
• Musicians
• Painters
• Photographers
• Filmmakers
• Sound Artists
• Fas...
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Remix culture

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The deck for the presentation on Remix Culture I gave to SVA (School of Visual Arts) grad seminar on 11.04.10.

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Transcript of "Remix culture"

  1. 1. Tom Tenney http://inc.ongruo.us 11.4.10
  2. 2. What It’s Not Piracy
  3. 3. What It’s Not Piracy Anti-Copyright
  4. 4. What It’s Not Piracy Anti-Copyright Plagiarism
  5. 5. New York Times February 27, 2010
  6. 6. New York Times February 27, 2010
  7. 7. So What Is It? • Calls for the restoration of copyright as a contract for a limited monopoly on work so that both artists and culture benefit from creative works.
  8. 8. So What Is It? • Calls for the restoration of copyright as a contract for a limited monopoly on work so that both artists and culture benefit from creative works. • Argues for citizens and consumers to have permission become ACTIVE participants in their culture, that means using it's artifacts in order to comment, critique, create and build upon what has gone before.
  9. 9. Copyright A Brief History
  10. 10. Statute of Anne – England, 1709
  11. 11. Statute of Anne – England, 1709 AKA The Copyright Act of 1709
  12. 12. Statute of Anne – England, 1709 AKA The Copyright Act of 1709 AKA An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned.
  13. 13. Statute of Anne – England, 1709 • First Copyright Statute • Granted publishers legal protection for 14 years, renewable for another 14. • First law to acknowledge authorship, although copyright was primarily a concern for the publishers.
  14. 14. US Copyright Law • First law (1790) allowed for 14 years, renewable for another 14. • Purpose, according to US Constitution, was “to promote the progress of Science and useful Arts, by securing for limited times to authors and inventors, the exclusive Right to their Writings and Discoveries.”
  15. 15. US Copyright Law Its purpose was to strike a balance between: 1. Encouraging creativity by giving exclusive rights to creations.
  16. 16. US Copyright Law Its purpose was to strike a balance between: 1. Encouraging creativity by giving exclusive rights to creations. 2. Giving the public the freest possible access to creative works and ideas.
  17. 17. US Copyright Law 2 Central Ideas • Idea/Expression Dichotomy – Copyright Protects an ideas expression, but not the idea itself. – Codified in 1976: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”
  18. 18. US Copyright Law 2 Central Ideas • FAIR USE (Sect. 107) – Also codified in 1976 – Provides exception for exclusive rights in certain cases. – “For purposes such as criticism, comment, news reporting, teaching, scholarship, or research.”
  19. 19. US Copyright Law 2 Central Ideas • FAIR USE (Sect. 107) – Fair use is judged by certain criteria: 1. Purpose and Character of Use (commercial or educational/nonprofit) 2. Nature of copyrighted work 3. Portion used in relation to work as a whole. 4. Effect of the use on potential market for the work.
  20. 20. US Copyright Law Key Changes since 1790 • 1831 – 28 years with 14-year renewal
  21. 21. US Copyright Law Key Changes since 1790 • 1831 – 28 years with 14-year renewal • 1909 – 28 years with 28-year renewal
  22. 22. US Copyright Law Key Changes since 1790 • 1831 – 28 years with 14-year renewal • 1909 – 28 years with 28-year renewal • 1976 – 75 years (corporate) or life of author + 50 years
  23. 23. US Copyright Law Key Changes since 1790 • 1831 – 28 years with 14-year renewal • 1909 – 28 years with 28-year renewal • 1976 – 75 years (corporate) or life of author + 50 years • 1998 – Sonny Bono Copyright Extension Act – Life of author + 75 years or: – Corporate Authorship: 120 years after creation or 95 years after publication
  24. 24. US Copyright Law Key Changes since 1790 And Finally….
  25. 25. US Copyright Law Key Changes since 1790 The Digital Millennium Copyright Act (1998)
  26. 26. US Copyright Law Key Changes since 1790 The Digital Millennium Copyright Act 2 Major Provisions
  27. 27. US Copyright Law Key Changes since 1790 The Digital Millennium Copyright Act 2 Major Provisions 1. Anti-Circumvention: Criminalizes production of any technologies which interfere with Digital Rights Management (DRM)
  28. 28. US Copyright Law Key Changes since 1790 The Digital Millennium Copyright Act 2 Major Provisions 1. Anti-Circumvention: Criminalizes production of any technologies which interfere with Digital Rights Management (DRM) 2. Infringement Liability Limitation: Creates safe harbor for service providers (OSPs, ISPs) Who respond to takedown notices from copyright holders. (Also provides for counter-notification, although this is often not in the OSP’s interest)
  29. 29. Roots of Remix: Appropriation in Art, Film, and Music
  30. 30. Roots of Remix: Every major school of art, and (arguably) every artist, has used creative appropriation in some form in creating their work.
  31. 31. Roots of Remix: DADA: John Heartfield Hanna Hoch Marcel Duchamp
  32. 32. Roots of Remix: POP: Roy Lichtenstein Andy Warhol Tom Wesselmann For more examples, watch this short video
  33. 33. Roots of Remix: Film: 1928 Steamboat Bill, Jr. Steamboat Willie
  34. 34. Roots of Remix: Film: 1936 Joseph Cornell: Rose Hobart (clip)
  35. 35. Roots of Remix: Film: 2010 Sex & The Remix Helping Johnny Remember Elisa Kreisinger Ashleigh Nankivell
  36. 36. Roots of Remix: Film: 2010 Kenneth Tin-Kin Hung: In G.O.D. We Trust
  37. 37. Roots of Remix: Music: 1991 Negativland: U2
  38. 38. Roots of Remix: Music: Hip-Hop/Sampling DJ Kool Herc • Jamaica  Bronx, 1967 • Brought “versioning” from Jamaica • Pioneered looping Break Beats at block parties • Birth of Rap (Party MCs) and B- boys/B-girls (aka break dancers)
  39. 39. Roots of Remix: Music: Hip-Hop/Sampling Grandmaster Flash • 1981: “The Adventures of Grandmaster Flash on the Wheels of Steel” • First documented use of ‘scratching’ • The single sampled: • “Rapture” (Blondie) • “Apache” (Michael Viner) • “Another One Bites the Dust” (Queen) • “Good Times” (Chic) • “Freedom” (The Furious Five) Listen
  40. 40. Roots of Remix: Music: Hip-Hop/Sampling The Beastie Boys • 1989: “Paul’s Boutique” • Record contained 105 samples • 24 Samples on the last track alone Listen
  41. 41. Roots of Remix: Music: Hip-Hop/Sampling 2 Landmark Cases 1989: 2 Live Crew 1991: Biz Markie “Pretty Woman” “Alone Again”
  42. 42. Roots of Remix: Music: Hip-Hop/Sampling 2 Landmark Cases: Rulings 2 Live Crew Biz Markie Campbell vs. Acuff-Rose Music The Supreme Court found that the song was parody, and thus protected under fair use. Grand Upright Music vs. Warner Bros. Records US District Court found that the song infringed the original artist’s copyright, and ordered that all future music samples be cleared for use before publishing.
  43. 43. Roots of Remix: Music: Hip-Hop/Sampling 2010: Girl Talk • Music is comprised almost entirely of samples. • His 2008 album “Feed the Animals” has a total of 322 samples • Offers his records online on a “pay- what-you-like” basis.
  44. 44. AUTHORSHIP
  45. 45. Remix Culture Today
  46. 46. Remix Culture Today Lawrence Lessig www.lessig.org Books: • Remix (2008) • Free Culture (2005) • The Future of Ideas (2002) • Code (2000)
  47. 47. Remix Culture Today Cory Doctorow www.craphound.com www.boingboing.net Books: • Content (2008) • For the Win (2010) • Makers (2009) • Down & Out in the Magic Kingdom (2003)
  48. 48. Remix Culture Today Henry Jenkins www.henryjenkins.org Books: • Convergence Culture (2008) • Fans, Bloggers & Gamers (2006) • The Wow Climax (2006) • Textual Poachers (1992)
  49. 49. Remix Culture Today A nonprofit organization working to increase the amount of creativity (cultural, educational, and scientific content) in “the commons” — the body of work that is available to the public for free and legal sharing, use, repurposing, and remixing. Creative Commons www.creativecommons.org • License Your Work • Find Licensed Work
  50. 50. Remix Culture Today • Founded in 1990 • Coalition of lawyers, analysts, activists and technologists •Actively defends: •Free Speech •Privacy •Innovation •User Rights Electronic Frontier Foundation www.eff.org
  51. 51. Remix Culture Today Open Video Alliance – openvideoalliance.org •A coalition of organizations and individuals devoted to free and open technologies, policies and practices in online video. •Holds Open Video Conference every year Organization for Transformative Works transformativeworks.org • A nonprofit organization run by and for fans to provide access to and preserve the history of fan works and fan culture.
  52. 52. Remix Culture Today RE/Mixed Media Festival 2011 • Musicians • Painters • Photographers • Filmmakers • Sound Artists • Fashion Spring, 2011 www.remixedmedia.org www.lofinyc.org (2010 site) info@remixedmedia.org
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