Future of copyright lund

John D. Lund,
March,10, 2012
Archives & The Future of Copyright

John D. Lund, 2012

John D. Lund,
March,10, 2012 Keep in Mind

A Little History
 The Statute of Anne, 1710:

 “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.”

 Designed to provide an incentive to create but still lead
to an expansion of the public domain and provide
public benefit.
 Designed to limit monopolies and preference by the
King

John D. Lund,

A Little History
 Prior to the Act it was printers not authors who were
granted the monopoly rights over works.
 Limited exclusive rights to authors or owners of books
already in print prior to April 10, 1710 to 21 years and
for books not yet printed or published 14 years and an
additional 14 years if the author was still alive at the
end of the first 14 year period.
 The published works had to be entered into the
Stationer’s Register maintained by the Stationer’s of
London.

John D. Lund,

A Little History
 1921: An Act to amend and consolidate the Law
relating to Copyright, (S.C. 1921, c. 24)
When this bill came into force 1924, Canada adopted
life+50 as the basic term. Previously Canada used "28-
and-14; 28 on formalities; another 14 possible on
renewal." (Wallace J.McLean)

 A Chronology of Canadian Copyright
 http://www.digital-copyright.ca/chronology

John D. Lund,

A Little History
 U.S. Copyright chronology:
 Constitution, Article 1, Section 8, Clause 8 empowers the U.S.
Congress
 “To promote the progress of science & useful arts by securing
for limited times to authors and inventors the exclusive right to
their respective writings and discoveries.”

 First statute passed in 1790 provides 14 year term renewable once
for a total of 28 years.
 1831 term extended to 28 years renewable 14 years
 1909 term 28 years renewable 28 years
 1962 get into an extension rut
 1976 life plus 50 years for all works forward, except for corporate
works, which have 75 year term
 1998 Sony Bono Copyright Term Extension Act, life plus 70 or 95
years, an extension of 20 years.

John D. Lund,

A Little History
 Statute of Anne, 1710
 http://www.copyrighthistory.com/anne.html
 Statute of Anne, 1710, short interpretation
 http://www.copyrighthistory.org/cgi-bin/kleioc/0010/exec/aus

John D. Lund,
March,10, 2012 The Times They Are A Changing

Recivilization
 Don Tapscott argues that the digital revolution has
brought an end to the industrial model, the world wide
web has drastically dropped transaction costs, the
costs of collaboration in an open market and the old
vertical corporate model (firm) is now unbundling into
focus companies that work within networks or business
webs. How we innovate and create goods and services
is changing. Networking has moved online.
 How will archives capture and preserve the context of
such a networked model?
 Does the traditional copyright model fit this paradigm?

John D. Lund,

The Traditional Argument
 Robert Levine, “How the internet has all but destroyed the market
for films, music and newspapers” - The Observer, Sunday 14
August 2011
 The internet changed all this, not because it enables the fast
transmission of digital data but because the regulations that
enable technology companies to evade responsibility for their
business models have created a broken market. Scores of sites
now offer music, while hundreds of others summarise news. Part
of the problem is rampant piracy – unauthorised distribution that
doesn't benefit creators or the companies that invest in them. It
also puts pressure on media companies to accept online
distribution deals that don't cover their costs.
 But the underlying issue is that creators and distributors now have
opposing interests

John D. Lund,

The Traditional Argument
 This hour has 22 minutes - copyright:
http://www.youtube.com/watch?v=v_7p4cvBURk

John D. Lund,
March,10, 2012 Free Culture

Lawrence Lessig
 In 2003, Lawrence Lessig took Eldred v. Ashcroft to the Supreme
Court to argue the constitutionality of the Sonny Bono Copyright
Term Extension Act.
 He has argued the need to “free culture” in the face of increasing
pressures by big media to lay punitive damages against those
who infringe copyright.
 Lessig argues that the twentieth century marked the move away
from a read-write culture to a read only top down culture where
we do not participate but only consume
 The remix culture, the generations that have grown up with the
internet are leading the way back to a read-write culture
 The copyright wars are a clash between a need to control, to hold
onto platforms that support a known economic model and those
who have adapted to the new platform.

John D. Lund,

Lawrence Lessig
 Lawrence speaks better than I:
 http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_crea

John D. Lund,
March,10, 2012 Coffee Break

Coffee Break
 Coffee Break

John D. Lund,

Implications for Archives
 The battle between free and open creativity and closed creativity
will affect what archives receive in the future.
 There are direct implications on access and fair use policies:
 The effect of the rules is that consumer rights found in the bill
are lost when the copyright owner installs a digital lock that
can restrict access….
 In fact, the government admitted at the Bill C-32 legislative
committee that the digital lock rules, which extend far beyond
those required for compliance with international treaties,
trump education rights. Moreover, many of our trading
partners have adopted more balanced digital lock rules and
even the U.S. offers greater flexibility than Canada.
 Michael Geist, Toronto Star (thestar.com), Oct 1, 2011
 The implications of the copyright wars goes beyond concerns over
copyright.

John D. Lund,
March,10, 2012

Cory Doctorow
 “Stop talking about cultural freedom and start talking about
freedom.”

 “It isn’t about artists it is about freedom of speech, freedom of the
press, due process, right to get a job, right to get an education ….”

 How Copyright Threatens Democracy
 Run from 20:00 to 27:33

 “Technology giveth and technology taketh away!”

John D. Lund,
March,10, 2012

Privacy and Copyright
 Is it an accident that we are seeing debates over
copyright and privacy occurring in the news
concurrently?
 “Online surveillance bill could change, Harper signals:
Proposed legislation has renewed debate on privacy and security
issues,” Feb 15, 2012

 Moore defends Canada’s ‘different path’ on copyright
bill: Minister says creative industries can manage how digital
locks are used to battle piracy,” Feb 16, 2012

John D. Lund,
March,10, 2012

C reative C ommons

John D. Lund,
March,10, 2012 Creative Commons

It is about sharing!

http://www.youtube.com/watch?v=1DKm96Ftfko

It is a return to the commons.

John D. Lund,

The Licenses
 Attribution: lets others distribute, remix, tweak,
and build upon your work, even commercially,
as long as they credit you for the original
creation.
 Attribution – ShareAlike: lets others remix,
tweak, and build upon your work even for
commercial purposes, as long as they credit
you and license their new creations under the
identical terms.

John D. Lund,

The Licenses
 Attribution-NoDerivs: allows for redistribution,
commercial and non-commercial, as long as it
is passed along unchanged and in whole, with
credit to you.
 Attribution – NonCommercial: lets others remix,
tweak, and build upon your work non-
commercially, and although their new works
must also acknowledge you and be non-
commercial, they don’t have to license their
derivative works on the same terms.

John D. Lund,

The Licenses
 Attribution – NonCommercial-ShareAlike: lets
others remix, tweak, and build upon your work
non-commercially, as long as they credit you
and license their new creations under the
identical terms.
 Attribution – NonCommercial-NoDerivs: only
allows others to download your works and
share them with others as long as they credit
you, but they can’t change them in any way or
use them commercially.

John D. Lund,

There are three levels of licenses

 Legal Code -
http://creativecommons.org/licenses/by/3.0/legalcode

 Human Readable -
http://creativecommons.org/licenses/by/3.0/

 Machine Readable – here is where we pretend to be
machines and there is a code for us to read.
.

John D. Lund,

Who Uses Creative Commons?

Al Jazeera

Nine Inch Nails.

Flickr

Wikipedia

John D. Lund,
March,10, 2012 Made in Canada

Three Canadian Positions
 Digital Copyright Canada
 “All Canadian Citizens are “Rights Holders”!
 “Coalition reflects the broad spectrum of Canada’s
art community: artists, curators, directors,
educators, writers, associations and organizations
from the art sector.
 The coalition focuses on 3 areas: fair access to
existing works, certainty of access, opposition to
anti-circumvention laws.

John D. Lund,

 The Creators Copyright Coalition, press release
June 7, 2011, excerpt:
• Payment for use of copyright material
• “Hand-outs” must not replace legal rights
• Collective rights management is good for both creators and
consumers
• Collective licensing and tariffs, supervised by the Copyright
Board, are a better solution than exceptions from copyright
infringement
• Copyright laws must be clear in order to avoid excessive
litigation; and

John D. Lund,
March,10, 2012 Digitization


• There must be effective and equitable remedies against content
theft
“Legislation built on these core principles will benefit both creators
and users,” said Freeman. “The end goal is to get clear laws in place
that allow users to access our work while ensuring creators get paid
for use so we can continue innovating and contributing to Canada’s
digital economy.”

John D. Lund,

 ACTRA (Alliance of Canadian Cinema,
Television and Radio Artists)
 Canada’s New Copyright Bill a Blow To Artists: “ Half
the Bill is missing,” June 2, 2010

 “How is it ‘balanced’ to allow people to make copies of
our work without giving us anything in return? Half the
bill is missing, the half that respects and pays creators,”
said Ferne Downey, ACTRA National President. “The
simple step of extending the private copying levy to
digital devices is a win-win solution for consumers and
artists, it seems like it would have been a no-brainer.”

John D. Lund,
March,10, 2012 Emerging Alberta – Considered

Case Study
 Case Study, Emerging Alberta

 What would you do?

John D. Lund,
March,10, 2012
A Collaborative Model

John D. Lund, 2012

John D. Lund,
March,10, 2012
A Collaborative Model

Collaboration – open source economics
 Yochai Benkler
 Luis von Ahn – captchas
 Rip: A Remix Manifesto / Girl Talk
 What does this have to do with Archives?
 It has the potential to change our role as
professionals – NARA – Citizen Archivists
 Ancestry.com
 It has the potential to fundamentally change what
we receive – who is the creator? How do we
capture the context?

John D. Lund,
March,10, 2012 Remix

Intersection btwn Collaboration & Copyright
 Back to Larry Lessig – Re-examing the Remix

 From 04:31 to 9:09

John D. Lund,
March,10, 2012 Doc Oc

 An excerpt from an article concerning preserving social
media:
 “Social media doesn’t exist in a vacuum. When posting
on Facebook, an employee may link to a YouTube
video. Or an organization’s website may hyperlink to a
PDF of a white paper from another site.
An archival solution has to include the original
Facebook post or website record, but it also has to
be able to follow and capture the YouTube link or
third party source’s white paper….”
Rakesh Madhava, “10 Things to Know About Preserving Social
Media”
 What are the copyright implications of this
preservation scenerio?

John D. Lund,
March,10, 2012 Doc Oc

 Google Docs
 Slide Share
 TED

 While collaboration among employees is not new, what
is new is the capacity and ease to collaborate outside
the framework of the firm or corporation.
 It is easy enough to identify the holder of copyright
when employees work for a single firm but in a
collaborative model where the boundaries of the firm
are irrelevant where does copyright reside?
 Who is the freelancer and who is the employee?

John D. Lund,
March,10, 2012 Collaborative Exercise

Exercise
 Can you think of one or two collaborative
efforts/resources not mentioned here?
 In what case would you treat individual
participants as authors and in what case would
you treat the collective as the author?
 Would you approach the dilemma in a new
way, find new tools, or are our traditional
methodologies sufficient or even more
important?

John D. Lund,
March,10, 2012 Use Fees

Use Fees
 Use fees vs Copyright
 Library of Congress Photostream
 http://www.flickr.com/photos/library_of_congress/
 Hi-Res, at the Library of Congress
 http://www.loc.gov/pictures/collection/fsa/

John D. Lund,
March,10, 2012 Terms of Service

Terms of Service
 Facebook Terms of Service excerpt:

 You own all of the content and information you post on Facebook,
and you can control how it is shared through your privacy and
application settings. In addition:
 1.For content that is covered by intellectual property rights, like
photos and videos (IP content), you specifically give us the
following permission, subject to your privacy and application
settings: you grant us a non-exclusive, transferable, sub-
licensable, royalty-free, worldwide license to use any IP content
that you post on or in connection with Facebook (IP License). This
IP License ends when you delete your IP content or your account
unless your content has been shared with others, and they have
not deleted it.

John D. Lund,

Terms of Service
 Facebook Terms of Service excerpt:

 3.When you use an application, your content and information is
shared with the application. We require applications to respect
your privacy, and your agreement with that application will control
how the application can use, store, and transfer that content and
information. (To learn more about Platform, read our Privacy
Policy and Platform Page.)

 http://www.facebook.com/legal/terms?ref=pf

John D. Lund,

Terms of Service
 Flickr (Yahoo Groups) Terms of Service excerpt:

 Yahoo! does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant Yahoo! the following
world-wide, royalty free and non-exclusive license(s), as
applicable:

John D. Lund,

Terms of Service
 …. With respect to photos, graphics, audio, or video you submit or
make available for inclusion on publicly accessible areas of the
Service other than Yahoo! Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purpose for which such
Content was submitted or made available. This licence exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Yahoo!
removes such Content from the Service….
 You irrevocably waive any moral rights or other rights with respect
to attribution of authorship or integrity in the Content you submit.

 http://www.flickr.com/
 http://info.yahoo.com/legal/ca/yahoo/utos/utos-ca01.html

John D. Lund,

Terms of Service
 Zenfolio – Terms of Service – Copyright

 Photographer Content: Photographers retain their full rights to
Content they upload to this Website, including photographs,
videos and digital products, biographies, and business information
created by Photographers and Zenfolio shall not acquire any
rights of the Photographers by virtue of the uploads.

 Other Content: Except for Photographer Content described
above, Visitors grant to Zenfolio a royalty-free, perpetual license
to use all rights, including copyright, in content that they upload to
the Website, such as comments about this Website or about
content uploaded by Photographers, or comments submitted as
guest entries. Zenfolio reserves the right to amend, redact and/or
delete comments for any reason.
 http://www.zenfolio.com/zf/terms.aspx

John D. Lund,
March,10, 2012 Fashionistas

Is there an alternative to copyright?
 Johanna Blakley

 Should Archivists be advocates?

 It is political
 Dark Knight Canadian mashup

Future of copyright lund

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