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Future of copyright lund

A consideration of the future of copyright in an era of social media and networked collaborative models. What are the implications for archives and archivists?

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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,
March,10, 2012          Keep in Mind

                    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,
March,10, 2012         Keep in Mind

                    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,
March,10, 2012                Keep in Mind

                          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,
March,10, 2012         Keep in Mind

                    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,
March,10, 2012      The Times They Are A Changing

                 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,
March,10, 2012      The Times They Are A Changing

                 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,
March,10, 2012            Free Culture

                    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,
March,10, 2012              Free Culture

                 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,
March,10, 2012        Creative Commons

                   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,
March,10, 2012      Creative Commons

                  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,
March,10, 2012      Creative Commons

                 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,
March,10, 2012             Creative Commons


        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,
March,10, 2012         Creative Commons

             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,
March,10, 2012                   Made in Canada

                 Three Canadian Positions
   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

                 Three Canadian Positions

  • 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,
March,10, 2012                Made in Canada

                 Three Canadian Positions
   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

    Intersection btwn Collaboration & Copyright
    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

    Intersection btwn Collaboration & Copyright
    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,
March,10, 2012                  Terms of Service

                       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,
March,10, 2012                 Terms of Service

                       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,
March,10, 2012                  Terms of Service

                        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,
March,10, 2012                   Terms of Service

                        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

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Future of copyright lund

  • 1. John D. Lund, March,10, 2012 Archives & The Future of Copyright John D. Lund, 2012
  • 2. 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
  • 3. John D. Lund, March,10, 2012 Keep in Mind 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.
  • 4. John D. Lund, March,10, 2012 Keep in Mind 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
  • 5. John D. Lund, March,10, 2012 Keep in Mind 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.
  • 6. John D. Lund, March,10, 2012 Keep in Mind 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
  • 7. 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?
  • 8. John D. Lund, March,10, 2012 The Times They Are A Changing 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
  • 9. John D. Lund, March,10, 2012 The Times They Are A Changing The Traditional Argument  This hour has 22 minutes - copyright: http://www.youtube.com/watch?v=v_7p4cvBURk
  • 10. 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.
  • 11. John D. Lund, March,10, 2012 Free Culture Lawrence Lessig  Lawrence speaks better than I:  http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_crea
  • 12. John D. Lund, March,10, 2012 Coffee Break Coffee Break  Coffee Break
  • 13. John D. Lund, March,10, 2012 Free Culture 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.
  • 14. 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!”
  • 15. 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
  • 16. John D. Lund, March,10, 2012 C reative C ommons
  • 17. 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.
  • 18. John D. Lund, March,10, 2012 Creative Commons 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.
  • 19. John D. Lund, March,10, 2012 Creative Commons 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.
  • 20. John D. Lund, March,10, 2012 Creative Commons 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.
  • 21. John D. Lund, March,10, 2012 Creative Commons 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. .
  • 22. John D. Lund, March,10, 2012 Creative Commons Who Uses Creative Commons? Al Jazeera Nine Inch Nails. Flickr Wikipedia
  • 23. 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.
  • 24. John D. Lund, March,10, 2012 Made in Canada Three Canadian Positions  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
  • 25. John D. Lund, March,10, 2012 Digitization Three Canadian Positions • 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.”
  • 26. John D. Lund, March,10, 2012 Made in Canada Three Canadian Positions  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.”
  • 27. John D. Lund, March,10, 2012 Emerging Alberta – Considered Case Study  Case Study, Emerging Alberta  What would you do?
  • 28. John D. Lund, March,10, 2012 A Collaborative Model John D. Lund, 2012
  • 29. 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?
  • 30. 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
  • 31. John D. Lund, March,10, 2012 Doc Oc Intersection btwn Collaboration & Copyright  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?
  • 32. John D. Lund, March,10, 2012 Doc Oc Intersection btwn Collaboration & Copyright  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?
  • 33. 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?
  • 34. 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/
  • 35. 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.
  • 36. John D. Lund, March,10, 2012 Terms of Service 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
  • 37. John D. Lund, March,10, 2012 Terms of Service 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:
  • 38. John D. Lund, March,10, 2012 Terms of Service 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
  • 39. John D. Lund, March,10, 2012 Terms of Service 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
  • 40. 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