Copyright, Creative Commons and Libre Culture in New Zealand - Mark McGuire Jan. 31 2014


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To hear an audio recording while viewing slides, see my blog:

Surveillance, Copyright, Privacy
The End of the Open Internet
Dunedin, New Zealand
Jan 30 – Feb 1, 2014

Dr Mark McGuire
University of Otago, Dunedin, NZ
Twitter: @mark_mcguire
This presentation is covered by a Creative Commons CC-BY
(attribution only) licence unless otherwise stated

Copyright, Creative Commons and Libre Culture in New Zealand

A set of 33 Tweets with related links, which were published as the presentation was delivered, can be found here:


Copyright, Creative Commons and Libre Culture in New Zealand Dr Mark McGuire, University of Otago, New Zealand

In 2001, Lawrence Lessig pointed out that, when considering of the ownership, regulation and governance of the virtual commons, we must take into account the “physical” layer, the “logical” or “code” layer, and the “content” layer, which includes the text, images, music, animations, movies and other digital material accessed over the internet. In an effort to free up the “content” layer, went online in 2002, allowing individuals to attach “some rights reserved” licences to their work. This development was in response to changes in US copyright laws that the Creative Commons founders (including Lessig) argued hindered access to creative works. Since then, the Creative Commons Licenses have been ported to over fifty jurisdictions, including New Zealand.

As in the US, copyright has become more restrictive in New Zealand. The introduction of the “Copyright (Infringing File Sharing) Amendment Act 2011” enables owners of copyrighted works to penalize individuals for violating their copyright through online file sharing without providing adequate protection from unfair prosecution. The Trans Pacific Partnership (TPP), a trade agreement that New Zealand is negotiating with the US and nine other countries, could extend the length of copyright of creative work from the life of the author plus 50 years after his or her death, by a further 20 years.

As Yochai Benkler notes (2006), formal institutions are working to extend the scope and reach of excusive rights over cultural resources, and the primary countervailing force against exclusivity is the cultural and social response represented by the nascent “free culture” movement and the growing individual practice of sharing work with others to create a domain of free resources for common use. In this paper, I discuss institutional efforts to strengthen copyright in New Zealand and discuss the use of Creative Commons licenses as an alternative.

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Copyright, Creative Commons and Libre Culture in New Zealand - Mark McGuire Jan. 31 2014

  1. 1. Copyright, Creative Commons and Libre Culture in New Zealand ! Surveillance, Copyright, Privacy The End of the Open Internet Dunedin, New Zealand Jan 30 – Feb 1, 2014 ! Dr Mark McGuire University of Otago, Dunedin, NZ email: Twitter: @mark_mcguire Blog: Dept.: 
 This presentation is covered by a Creative Commons CC-BY (attribution only) licence unless otherwise stated
  2. 2. The Revolution will NOT be televised. ! It will be #Webcast, #Podcast, #Blogged, #Instagammed, #Tweeted and #Storified.  ! And  #Revised, #Remixed and #ReTweeted . . .
  3. 3. They hang the man and flog the woman Who steals the goose from off the common But leave the greater villain loose Who steals the common from off the goose. Anonymous protest poem 1764 or 1821 ! “If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas”. George Bernard Shaw ! !
  4. 4. Copyright protections are limited for a period of time and restricted by a number of exceptions. Life plus 50 years is typically the minimum for most countries and many signatories of the Berne Convention, excluding the regions or countries listed below, for example:. ■ Life plus 70 years for members states of the European Union ■ Life plus 70 years for the United States of America ! In New Zealand the copyright in sound recordings, films, broadcasts and cable programmes lasts for 50 years after they are released. The copyright in a typographical arrangement lasts 25 years. These durations are valid for every work which is originated in New Zealand. Others will be protected for the term for which it is granted protection in its country of origin. !
  5. 5. Sonny Bono Copyright Extension Act ! © Passed by US Congress in1998 ! © Extended copyright protection from the lifetime of the author plus 50 years, to the lifetime of the author plus 70 years (14-years in 1790), preventing any work from entering the public domain until 2019. ! Mickey Mouse Mickey_mouse © CC founders alarmed at the growing concentration in media markets, implications for the developing internet, the future of freedom of information in a representative democracy. ! ! ! An information commons? Creative Commons and public access to cultural creations
 Marc Garcelon. New Media Society. originally published online 24 November 2009
  6. 6. © Michael Carroll: “[As] soon as you get a worldwide web where everyone can self-publish and you have a default position that everything is automatically under copyright [a legal standard adopted in the US in 1976], it’s a strict liability regime, which means you can violate copyright without any intention of doing so. Your copying puts you in violation of the law unless it’s a fair use, which is a fuzzy standard that is hard to apply”. ! © Lessig: “Fair use . . . simply means the right to hire a lawyer to defend your right to create.”
 © CC devised a novel strategy giving current copyright holders the option of making creative work available for copying and distribution by granting various exceptions to the rights they hold under copyright (requiring no legislation). ! ! !
  7. 7. © CC’s opposition to the intellectual property conception of copyright lies in the distinction between ‘rivalrous’ and ‘nonrivalrous’ resources. A rivalrous resource is a resource limited in relation to potential users. ! © “Creative Commons thought of itself as . . . branding the public domain, especially on the internet” (interview with Hal Ableson, Board of Directors of Creative Commons). ! CC on the ground. by Giulio Zannol (cc-by) © In December 2002, the Creative Commons website went online
 (http:// ! ! !
  8. 8.
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  10. 10. ! . . . [We] must first step back from copyright and reflect upon an idea about how culture develops that should be familiar to everyone. This idea I want to call “remixing.” We first imagine a creative work mixed together by someone; and then someone else remixes that creative work. ! In this sense, culture is remix. Knowledge is remix. Politics is remix. We remix all the time. 
 Lawrence Lessig: Creative Economies p. 35
  11. 11. The nature of artefacts ! In crossing the threshold from analog to digital, 
 an artefact exchanges ! a single, traceable past for unlimited possible futures, ! solidity for malleability, ! and financial value for social value. Photo by Arthur Davison CC-BY-NC-SA Accessed 29 Jan. 2014
  12. 12.
  13. 13.
  14. 14.
  15. 15. Joel Little: “We made this song originally just to give away for free . . .”. New Zealand Herald (29 Jan. 2014)
  16. 16. ! “Royals”: The Love Club EP on SoundCloud (29 Jan. 2014) ! Posted on SoundCloud in November 2012. Officially released digitally in March 2013 and on CD in May 2013, The Love Club EP features five songs, including the number one hit "Royals".
  17. 17. Lorde - Royals performance at The Grammy's 2014 HD (29 Jan. 2014)
  18. 18. “Lorde - Royals performance at The Grammy's 2014 HD” Blocked (29 Jan. 2014)
  19. 19. Lorde: Royals Music Video (29 Jan. 2014)
  20. 20. Bart Baker: Lorde - “Royals” PARODY (29 Jan. 2014)
  21. 21. @lordemusic followers on Twitter: 978,468 Facebook: 1.8m, Instagram: 704,962 ( )
  22. 22. Think Like a Dandelion “[I]f you blow your works into the net like a dandelion clock on the breeze . . . the winds of the Internet will toss your works to every corner of the globe, seeking out every fertile home that they may have.” (Cory Doctorow ) Dandelion Wish by John Liu (CC-BY) “Spreadability” > flow of ideas in easy-to share-formats > open-ended participation > reshaping of context as well as the content > circulation of work through all available 
 channels (Spreadable Media. Jenkins, Ford and Green. 2013, p. 2)
  23. 23. Photo by Matt Binn:
  24. 24. Creative Commons ! ! ! ! ! ! Based on a photo by Matt Binn:
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  27. 27.
  28. 28.
  29. 29.
  30. 30. Open Educational Resources University (OERu) Launched Nov. 2013
  31. 31. (29 Jan. 2014)
  32. 32.
  33. 33. 30 January 2014 7:37 pm Richard White To: [CCOP] Udacity's CC licence ! ! Hi everyone ! I got quite excited when I saw that Udacity was using a Creative Commons licence, though less so when I saw it was BY-NC-ND and that they go on to say  ! Without limiting the generality of the terms of the CC License, the following are types of uses that Udacity expressly defines as falling outside of the definition of “non-commercial”: ... (e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged
  34. 34. B.navez Stack of Firewood CC-BY-SA Gurumustuk Singh “Fireside Chanting” CC-BY-NC-SA It’s not about the wood or the fire; it’s about the choir.
  35. 35. Changing Paradigms: Communication Locus, Mode, Temporality, Structure, Objective ! ! PUSH broadcaster, transmission, synchronous, sender-receiver, impart  ! PULL resource, download, asynchronous, nodal, discover ! SHARE community, conversation, continuous, networked, co-creation
  36. 36. Changing Paradigms: Education Locus, Mode, Temporality, Structure, Objective ! ! PUSH teacher, broadcast, synchronous, hierarchical, impart knowledge  ! PULL resource, download, asynchronous, nodal, individual learning ! SHARE site, co-create, continuous, networked, knowledge network
  37. 37. The most useful resources are conversational, contextualized, curated and connected. 
  38. 38. A morph used on a protest banner. Sunday Star Times Jan. 19 p. A4
  39. 39. Police Pepper Spraying Occupy UC Davis students (Nov. 18, 2011)
  40. 40. “pepper spray meme” Google image search 22 June 2012
  41. 41. Bus on George St., Dunedin, 16 Jan. 2014
  42. 42. Listen/Consume 7 Download Speed: 5535 kbps (691.9 KB/sec transfer rate) Upload Speed: 777 kbps (97.1 KB/sec transfer rate) Latency: 43 ms 31 January 2014 12:26:44 am NZDT Speak/Contribute 1
  43. 43. Collaborative, Conversational Networks
  44. 44. SPACE is created through the act of communication. Conversation creates shared space. OPEN conversation creates PUBLIC SPACE.