Open Uses of SoundRecordings and ImagesFrancesca Giannettifgiannetti@utexas.eduMOOC-SIG | June 24, 2013This work is licensed under theCreative Commons Attribution-NonCommercial 3.0 UnportedLicense.Monday, June 24, 13
Copyright of SoundRecordings• in UK: year of publication/creation + 50 years• in European Union: year of publication/creation+ 70 years• in USA: It’s complicated, but roughly speakingpre-1972 enters PD in 2067 while >=1972 is 95years from publication• Handy-dandy chart: http://copyright.cornell.edu/resources/publicdomain.cfmMonday, June 24, 13
Public Performance of Sound Recordings(USC Title 17 Ch 1 § 114)• Tier 1: Public performances that areentirely exempt from the performanceright.• Tier II: Digital audio transmissions - subjectto statutory license.• Tier III: Everything else.Thought to involvea high risk of copying. Requires negotiationof license with copyright holder.Monday, June 24, 13Tier I exemptions: live performances, analog transmissions, AM/FM broadcasts, public radioTier II types: webcasters, satellite radio, cable broadcasters, radio broadcasters that streamcontent on InternetTier III types: on-demand streaming services, other service that does not adhere to “soundrecording performance complement” (i.e. limitations on number of selections from aparticular album or performer that can be played in 3-hr period)
Which inﬂuences the types of digitalmusic services out there...• OA aggregators• Mostly PD (in EU), greatest content fromEuropean DLs• Special collections• Often unpublished works, or really old orphanworks• Music downloads• On-demand streaming• Internet radio• User-driven sitesMonday, June 24, 13OA aggregators: National Jukebox, Internet Archive (USA); Europeana, ECLAP (EU); BritishLibrary Sound Archive (UK -- blocks non-EU residents).Special Collections: Belfer Cylinder at Syracuse U., UCSB Cylinder Project,Toscanini CentennialSeries at UNT, Stanford’s Monterrey Jazz FestivalInternet radio: includes Stanford University’s Riverwalk Jazz Collection: http://riverwalkjazz.stanford.edu/. Broadcasting license is less expensive than on-demand.User-driven sites: Soundcloud, Grooveshark, YouTube
These ones are the probably mostuseful for open educational purposes• OA aggregators• Mostly PD (in EU), greatest content fromEuropean DLs• Special collections• Often unpublished works, or really old orphanworks• Music downloads• On-demand streaming• Internet radio• User-driven sitesMonday, June 24, 13Music downloading sites like iTunes can be useful too, but UT’s contract with edX stipulatesthat course materials be free of charge to enrolled students.
When underlying workis in copyright• “Free” on-demand sites:• Spotify (based inSweden)• Rdio (US-based)• Rhapsody (PC only)• Xbox Music (PC only)Go to on-demand music streaming services ﬁrst.Wherethere are gaps in the catalog, try user-driven/hybrid sites.• User-driven sites:• Grooveshark (hybrid)• Internet Archive(Community Audio)• Soundcloud• YouTubeMonday, June 24, 13Rdio has better Lat-Am coverage (Brazil, Chile, Columbia, Mexico) than Spotify (Mexico). Bothservices are about equal in terms of Asian coverage (but no China, no Japan, no South Koreain either). Europe and North America are almost equally well served.
When underlying workis in PD• ECLAP e-library for performing arts• Europeana (use their EDM search short-cuts e.g.“who:Lully what:sound”)• Internet Archive (Audio Archive)• National Jukebox (acoustical era recordingsonly)Monday, June 24, 13
Finding Images• Clear-cut answers regarding the various possibleuses of an image can’t always be had• Uses that entail the most restrictions, whetherunderlying work or its photographic image are inPD or protected by copyright, relate to printpublication and online availability to general public(!?!)• VRA’s Digital Image Rights Computator and CopyPhotography Computator help navigate instancesof fair useMonday, June 24, 13DIRC at best tells you “fair use likely” or “use with caution”Typical fair use safeguards, like using only a small portion of a work, or using a low-resolution/thumbnail of image, are not particularly satisfying solutions in the visual arts.Is a MOOC an instance of making an image available online to the general public?
Finding Images (2)Monday, June 24, 13It’s easy enough to ﬁnd images licensed for reuse on the internet where the underlying workis eligible for copyright protection. But can we really use them??
Where we are with Jeff Hellmer’sJazz Appreciation MOOC• Jazz Appreciation MOOC Playlist• Jazz MOOC ImagesYour feedback is welcome and appreciated!!Monday, June 24, 13
#moocs #trending• A Look at MOOCs, a group on HASTAC• The Minds Behind the MOOCs, and Major Players in the MOOCUniverse, awesome infographics• Great satirical piece, if you want to laugh/cry:• Ginsberg, Benjamin.“Forget MOOCs--Let’s Use MOOA.”Minding the Campus, June 13, 2013.• Article/opinion round-ups:• Bogost, Ian, Cathy N. Davidson,Al Filreis, and Ray Schroeder.“MOOCs and the Future of the Humanities:A Roundtable(Part 1).” Los Angeles Review of Books (June 14, 2013).• Koh,Adeline.“Weekend Reading:The MOOC CatchupEdition.” The Chronicle of Higher Education. ProfHacker, June14, 2013.Monday, June 24, 13
Bibliography• Besek, June M. Copyright Issues Relevant to Digital Preservation andDissemination of Pre-1972 Commercial Sound Recordings by Librariesand Archives. Council on Library and Information Resources,December 2005. http://www.clir.org/pubs/abstract/reports/pub135.• Brooks,Tim.“Copyright and Historical Sound Recordings: RecentEfforts to Change U.S. Law.” Notes 65, no. 3 (2009): 464–474.• International Federation of the Phonographic Industry. RecordingIndustry in Numbers. London: IFPI, n.d.• “17 USC § 114 - Scope of Exclusive Rights in Sound Recordings |Title 17 - Copyrights | U.S. Code | LII / Legal InformationInstitute.” Accessed June 24, 2013. http://www.law.cornell.edu/uscode/text/17/114.Monday, June 24, 13