Artists + the Law + the Internet


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From Legal Rights and Copyleft for Business Acumen lecture for Artists at UCT Graduate School of Business.

A primer to help artists get a sense of how to protect and promote their own creative works within the vibrant and rapidly evolving connection-economy.

There is increased fear of copying, and stealing of intellectual property. Creative entrepreneurs have astonishing market advantage however, thanks to the dizzying scope of the internet: to get into direct contact with their fans; sell & pre-sell; draw on the pool of open-licensed culture and tools; develop and test new business models in more fluid IP environments.

This is how we learn to make amazing things, with rules. And exercise our rights to expand what edifies our humanity.

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Artists + the Law + the Internet

  1. 1. The ARTIST The LAW & A COMMONS-SENSE GUIDEDISCLAIMER [In appropriately small text]: We provide general educational information that may be helpful to those interested in the legal issues, particularlyintellectual property issues arising from the interaction of creative expression, business, digital media and their practical applications. It is not intended to be definitivelegal advice, and is not provided as such. We advise you always to seek professional legal advice before taking any action that could have a major impact on your life orbusiness. This is not an impartial work of reference. Bias intended.
  2. 2. DAMMED [enclosing cultural currency]Do artists need a financial incentive to create?Does increased protection foster innovation? Self portrait. Rev Charles Dodgson. Public Domain go marvel: Works based on Alice in Wonderland
  3. 3. 3 THINGS what you should know now1 what is intellectual property?2 your rights ..& responsibilities3 emerging business models
  4. 4. WHAT IS 1INTELLECTUAL PROPERTY? trademark patents copyright
  5. 5. genetic sequences books photography govt docs software 3D printing databasesblog posts film music academic researchcan it be copied? lectures farm implements video
  6. 6. & ... the Streisand Effect brands are globalized. no matterhow bananas the suits, do be aware.
  7. 7. WHAT IS COPYRIGHT?set of regimes that deals with creative works.1. Originality (effort)2. Material form3. Qualified personNo registration necessary (avail for cinematic works)an IDEA itself is not protected.Copyright will not subsist in a work which is immoral, obscene, libellous or irreligious.Duration is 50 years after death in SA = limited monopoly the Copyright Act of 1978 (Act 98 of 1978
  8. 8. INFRINGEMENT there are EXCEPTIONS. IT’S JUST FOR YOU: the use of a literary or musical work for private study REVIEW CRITICISM or PARODY REPORTAGE of current events EDUCATION! teaching material (within limits) PUBLIC LECTURE: reproducing a lecture or address, if the reproduction is for information purposes BEWARE: the exception does not apply when the whole of the work, or a substantial part of it, is reproduced for its original purpose. IMPORTANT - GIVE CREDIT: provided that mention is made of the name of the author and the source of the extractGET TO KNOW YOUR FAIR DEALING RIGHTS case-by-case merit. no fixed rules
  9. 9. is it a TRANSFORMATIONAL WORK? (your ‘creative spark’ / ‘sweat of the brow’) oris it copied for its ORIGINAL PURPOSE? JUDGE: what’s your transformative purpose?
  10. 10. like a muscle,if you don’t exercise your rights... they atrophy Image Credit : CelebMuscle NC SA
  11. 11. what are the norms of your industry?proactively define: CODES of BEST PRACTICE
  12. 12. 2 YOUR RIGHTS &RESPONSIBILITIES as an artist
  13. 13. edit REMIX repurpose. recontextualize. refresh.WATCH: IMAGE CREDIT: Ani-Bee CC NC ND
  14. 14. GENIUS our romantic 19th Century hangover & STEALING! “Only those with no memory insist on their originality.” — Coco ChanelGOTO: / “It’s not where you take things from – it’s where you take them to.” - Jean-Luc Godard
  15. 15. improv use what the world gives you SOCIAL OBJECTS +SOCIAL CURRENCY
  16. 16. reactive? creative?
  17. 17. licenses also in Afrikaans, isiZulu & seSotho Free licenses and other legal tools to give everyone from individual creators to large companies and institutions a simple, standardized way to grantcopyright permissions and get credit for their scientific information, educational materials, and cultural resources while allowing others to copy, distribute and make specific uses of it. Legally enforceable in our jurisdiction. You retain your copyright while inviting others to access, reuse or remix according to your license selection.
  18. 18. DECODING the LICENSES BY attribution the really big deal.give credit to the creator
  19. 19. DECODING the LICENSES BY attribution SA share alikeapply the samelicense as you share on
  20. 20. DECODING the LICENSESBY NDattribution no derivatives. aka keep as is, nix on the remix
  21. 21. DECODING the LICENSESBY NCattribution non commercial aka commercial rights reserved
  22. 22. 3 layers of readability human 1 2 legal machine 3
  23. 23. how nice. but to be fair, i’m a fan of money The world of business is being warped by the internet.Weirder than wonderland, creatives have the massive advantage now. seriously.
  25. 25. dare to share your IP“Obscurity is a far greater threat to authors than piracy” - Tim O’Reilly CASE STUDIES:
  26. 26. CONSUMERS >> PRESUMERS * reputation accelerated by freely sharing films. Now leveraged through fans. * or if you don’t have US account
  27. 27. not about the IP of the product itself. Pirating personality, not so easy.
  28. 28. new models for production and distributionof audiovisual material have appeared,where author and audiences are connectedmuch closer what? IN THE IN THE IN THE COPYMACHINE COPYMACHINE COPYMACHINE
  29. 29. c 99 what’s better than free? less ip protection, more money & Market opportunity. WTF! why? evidence vs faith-based initiatives READ: thepublicdomain.orgaccount for the counter-intuitive. Instinct can lead us astray. test for truth
  30. 30. ..& because awesomeness has a really short 1/2 lifeATTENTION ECONOMY
  31. 31. Be careful of confusing value with price. Making something free does not "devalue" it.Do we put books in libraries because we, as aculture, believe books are worthless?Of course not. We believe they are so valuable,that we need to make them available toeveryone.(thanks Karl Heinz) please take a moment to thank tim-berners lee.
  32. 32. FASHION FOODInnovation in Low IP environments COMEDY 2-sided positionality market value by determined by desirabilitySOCIAL MEDIA CREDIT: The Piracy Paradox. Prof Christopher Sprigman. Virginia University
  33. 33. don’t wait. create! cultural appropriation
  34. 34. But it’s great marketing for the original work.. doesn’t fly legally innocent infringement is no excuse. TERMS & CONDITIONS APPLY.
  35. 35. legal invitations to co-create don’t punish your fans. +FAN FICTION Image Credit : Okinawa Soba BY SA R
  36. 36. 3 THINGS what do you know now?1 _________________________2 _________________________3 _________________________
  37. 37. SUGGESTIONSIdeas alone are not copyrightable.You have a giant pool of creative works to draw on without having to clear rights & pay $$$ tostart your art now. Don’t wait, create!You can expand your reach of reputation by providing legal ways for fans to remix + shareInnovation is very profitable in some low IP environments where desirability governs valueTransform don’t just lazily copy just to profit from the same purpose.Say thank you! give the original creator the attribution & link.People WILL copy what works, build & leverage your reputation and market value, rather thanseeking maximum protection of the works themselves.Increase the vibrancy of our shared human wealth with your works. Make and share in the open.Be inspired, remix, repurpose, share widely, give fans a reason to buy from YOU.Genius is overrated. Let your best ideas have a social life. Invite others to build your creativeworks with you.
  38. 38. COST OF COPY no need for your own scriptorium & squad of monks. lucky fish. WHAT ARE YOU DOING TO MAXIMIZE THIS OPPORTUNITY? A great flourishing of creativity and discovery upon us again. The raw material ofhuman culture should not be denied to the next generation of creators and scientists,just because we’re afraid toevolve our business models. Apply scientific method to your fears. Exercise your rights.
  39. 39. ADDITIVECULTURE let’s build together + @maxkaizenCommonsense Legal Primer for Artists by Max Kaizen is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.