This document summarizes a presentation on new ways of thinking about copyright in film. It discusses how the traditional "rights clearance culture" focuses on getting permission for all content, which can be cumbersome and expensive. Alternative approaches discussed include open licensing models like Creative Commons that provide standard licenses for sharing content freely or with some restrictions. Examples are given of films like Tarnation that faced high clearance costs, and how open models enabled other films like Outfoxed. The benefits of open approaches for institutions like museums are also outlined.

1. byron bay film festival | 8 march 2010 Beyond the Rights Clearance Culture: New Ways to Think about Copyright in Film profbrianfitzgerald & jessica coates

4. copyright

5. "Copyright", Randall Munroe, http://xkcd.org/14/, Creative Commons Attribution-NonCommercial 2.5 license AUSTRALIA part of the Creative Commons international initiative CRICOS No. 00213J

7. Generic 2.020081104_Indianpolis_IN_UAWGOTV0304 by Barack Obama, http://flickr.com/photos/barackobamadotcom/3008245391

8. Generic 2.0Yoko Ono by cliff1066™, http://flickr.com/photos/nostri-imago/2873284890

9. Generic 2.0The Child Abdullah by Al Jazeera, http://cc.aljazeera.net/asset/language/arabic/child-abdullah-report

11. copyright

12. gutenberg press Generic 2.0Printing Press by Gastev, http://flickr.com/photos/gastev/360505392

13. statute of anne

14. Generic 2.0Dollar Eagle Paper by Photos8, http://www.photos8.com/dollar_eagle_paper-wallpapers.html

15. Berne Convention 1886 Rome Convention 1961 TRIPS Agreement 1994 WCT and WPPT 1996 stainless steel globe; Corona Park by Global Jet, http://flickr.com/photos/global-jet/2473311265

16. covers everything you want to use - film, music, script, dance, art, computer programs covers everything you want to do – copy, publish, email, post online, remix, reuse, share commercial or non-commercial Generic 2.0No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830

17. ALL RIGHTS RESERVED

18. ALL RIGHTS RESERVED

19. WORKS

20. literary works compilation expressed in words, figures or symbols – incl computer programs Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870

21. literary works compilation expressed in words, figures or symbols – incl computer programs dramatic works play, choreography, dumb show Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642

22. literary works compilation expressed in words, figures or symbols – incl computer programs dramatic works play, choreography, dumb show musical works score, tune – not recording A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210

23. literary works compilation expressed in words, figures or symbols – incl computer programs dramatic works play, choreography, dumb show musical works score, tune – not recording artistic works paintings, sculptures, photographs, diagrams, buildings & models of buildings portrait: yellows and blues by freeparking, http://flickr.com/photos/freeparking/2801058207

24. OTHER SUBJECT MATTER

25. films including moving images in computer games 16mm educational film screening by lorelei, http://flickr.com/photos/filmfatale/423329167

26. films including moving images in computer games sound recordings the actual ‘taping’ – eg original v cover Audio Technica ATH-M50 byCLF, http://flickr.com/photos/clf/3184796740

27. films including moving images in computer games sound recordings the actual ‘taping’ – eg original v cover broadcasts radio and TV Kent Portable Tube AM Radio byalexkerhead, http://flickr.com/photos/alexkerhead/3607581577

28. films including moving images in computer games sound recordings the actual ‘taping’ – eg original v cover broadcasts radio and TV published editions the ‘look’ and ‘layout’ of books etc Side byeuphbass, http://flickr.com/photos/euphbass/3317710740

29. RIGHTS

30. reproduce Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908

31. reproduce communicate to the public http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/

32. reproduce communicate to the public publish The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/3489545384

33. reproduce communicate to the public publish perform in public Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358

34. reproduce communicate to the public publish perform in public adapt (except artistic) Cut my breath by batega, http://flickr.com/photos/batega/1467019878

35. reproduce communicate to the public publish perform in public adapt (except artistic) rental right for software Cut my breath by batega, http://flickr.com/photos/batega/1467019878

36. S.O.T.W RIGHTS

37. copy (only right for published editions) Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908

38. copy (only right for published editions) perform (seen/heard in public) Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358

39. copy (only right for published editions) perform (seen/heard in public) communicate to the public http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/

40. copy (only right for published editions) perform (seen/heard in public) communicate to the public also commercial rental for sound recordings http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/

41. Generic 2.0No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830

42. Desk Mine by Kitty de Medici, http://www.flickr.com/photos/kittieth/1370989416/ works owner = author subject matter owner = maker (with some exceptions)

43. automatic protection registration not required notification not required original expression Generic 2.0No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830

44. Generic 2.0Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495

45. material can be protected in more than one copyright category eg computer games = literary works and films a single product can include more than one copyright work eg broadcast = broadcast, film, sound recording, script, music, lyrics, art Generic 2.0Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495

46. Generic 2.0Stop by brainware3000, http://flickr.com/photos/brainware3000/22205084

47. PUBLIC DOMAIN

48. Generic 2.0Stopwatch by wwarby, http://flickr.com/photos/wwarby/3297205226

49. WORKS = LIFE Generic 2.0Tombstone of Bertha Heilborn (nee Epstein) in Guttentag cemetery by dlisbona, http://flickr.com/photos/dlisbona/1117569429

50. +70 YEARS Generic 2.0Zombie! cemetery by danhollisterduck, http://flickr.com/photos/dhollister/2596483147

51. S.M.O.T.W Generic 2.0Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390

52. 70 YEARS Generic 2.0Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390

53. Generic 2.0Shakespeare by Plutor, http://www.flickr.com/photos/plutor/174493667/

54. SUBSTANTIAL PART

55. Generic 2.0Tiny by AMagill, http://www.flickr.com/photos/amagill/3660775191/

56. EXCEPTIONS

57. FAIRDEALING

58. research or study (s40) Generic 2.0That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920

59. research or study (s40) criticism or review (s41) Generic 2.0Cut my breath by batega, http://flickr.com/photos/batega/1467019878

60. research or study (s40) criticism or review (s41) parody or satire (s41A) Generic 2.0Evil Dead Poster Parodies by jbcurio, http://flickr.com/photos/jbcurio/2593693627

61. research or study (s40) criticism or review (s41) parody or satire (s41A) reporting the news (s42) Generic 2.0yesterdays news by chaosinjune, http://flickr.com/photos/cijmyjune/521661296

62. research or study (s40) criticism or review (s41) parody or satire (s41A) reporting the news (s42) legal advice (s43) Generic 2.0Barrister Bear by Shiny Things, http://flickr.com/photos/shinythings/161216658

63. OTHER EXCEPTIONS

64. public buildings and statues (s66) incidental filming (s67) Generic 2.0Writing for Film & Television students behind the scenes while filming "7 Day Work Week", a Port Short by vancouverfilmschool, http://www.flickr.com/photos/vancouverfilmschool/3704913141/

65. STATUTORY (and blanket) LICENSING

66. screenrights – use of films ppca – sound recordings (apra-amcos – music) Money, Money, Money by borman818, http://www.flickr.com/photos/dborman2/3258378233/

67. VOLUNTARY LICENSING

68. you can do anything with permission OMGWTF... weighing in at 800 lbs. … by joebeone http://www.flickr.com/photos/joebeone/2585191273/

69. PERMISSIONS CULTURE

70. Tarnation created on a mac for $218 home footage and cultural ref screened at Sundance, won awards http://www.youtube.com/watch?v=mLDQL23nutw $400k for copyright clearances http://jonathancaouette.blogspot.com/

71. Outfoxed dococriticising Fox news footage permissions not forthcoming so released own footage under CC …I learned how cumbersome and expensive it can be to license footage from news organizations I could think of no better way to walk the talk myself than by releasing the interviews from Outfoxed and Uncovered under a license that allows other filmmakers to use my material in new and creative ways - David Greenwald http://www.outfoxed.org/

73. Aims to make copyright more flexible by providing free licences that creators can use to give certain permissions in advance

74. OPEN LICENSING

75. Generic 2.0Proce55ing Source Code by schoschie, http://flickr.com/photos/schoschie/8821223

76. Generic 2.0Mail art, Copyleft by Manfred Stirnemann by tomislavmedak, http://flickr.com/photos/tomislavmedak/3804029530

77. Generic 2.0And free as in beer by elliottbledsoe, http://flickr.com/photos/flashphotographyandscreams/2798838205

78. ALL RIGHTS RESERVED

79. SOME RIGHTS RESERVED

80. CC is designed to… provide standardised licences that facilitate sharing are flexible are easy to use and understand (for people and machines) and that apply in the same way anywhere in the world. AUSTRALIA part of the Creative Commons international initiative CRICOS No. 00213J

81. CC Myths CC is not: anti-copyright – just another rights management tool the public domain – just giving certain permission in advance anti-commercial – can charge for first use, commercial uses, “premium” service, or embed advertising right for every situation – entirely voluntary, and won’t be best solution for all creators Free, as in beer by Unhindered by Talent available at http://www.flickr.com/photos/nicmcphee/2345633527/ under a Creative Commons Attribution ShareAlike 2.0 licence AUSTRALIA part of the Creative Commons international initiative CRICOS No. 00213J

83. ATTRIBUTION

84. (BY)

86. NON-COMMERCIAL

87. (NC)

89. SHARE ALIKE

90. (SA)

92. NO DERIVATIVE WORKS

93. (ND)

94. by by-nc by-sa by-nd by-nc-sa by-nc-nd

95. Attribution-ShareAlike Attribution Attribution-Noncommercial-ShareAlike Attribution-Noncommercial Attribution-Noncommercial-NoDerivatives Attribution-NoDerivatives AUSTRALIA part of the Creative Commons international initiative CRICOS No. 00213J

102. CC AS A RESOURCE

103. http://creativecommons.org.au/infopacks/findingmaterial

104. About 250 million CC objects on the internet Over 130 million photos on Flickr alone Thank you for sharing by Clearly Ambiguous available at http://www.flickr.com/photos/clearlyambiguous/39896923/ under a Creative Commons Attribution 2.0 licence

105. www.smh.com.au Eiffel Tower at night by rednuht, http://www.flickr.com/photos/rednuht/275062341/, Creative Commons Attribution 2.0 http://creativecommons.org/licenses/by/2.0/deed.en

107. Generic 2.0Andy in the VAB by adactio, http://flickr.com/photos/adactio/301112397

108. http://openchannel.org.au/blogs/videoslam/

109. http://www.pool.org.au/

111. crowd-sourced metadata

112. unexpected discoveries (eg locations)‏

113. partnerships (eg ABC)‏

115. released 1500 public domain photographs to Flickr Commons

116. ‘Play’ worksheets available under CC BY-NC

117. encouraged CC for ‘photo of the day’

118. collection descriptions and data under CCpromotional + other benefits = net +ve $ Woman holding decorated bicycle, Phillips Glass Plate Negative Collection, Powerhouse Museum, www.powerhousemuseum.com/ collection/database/collection=Phillips_Glass_Plate_Negative CRICOS No. 00213J

119. Generic 2.0IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653

120. LICENCE COMPLIANCE

121. NEED NON-© RIGHTS?

122. DON’T BE DEROGATORY

123. ATTRIBUTE

124. USE COMMON SENSE

125. LICENSING YOUR WORK

127. Australia 2.5Which Creative Commons licence is right for me? by ccAustralia, http://creativecommons.org.au/factsheets/licensing-flowchart

128. the tide of ‘big screen movie-and-popcorn’ enthusiasts did not exchange the box office lines for their computers . . . if there were no demand, the film would not have returned to the big screen http://www.cafune.com/

129. Many of these videos address concerns that are largely ignored by other funding and distribution outlets. . . Creative Commons provides a very usable framework for filmmakers … They can allow reproduction and distribution while preserving some rights . . .that leaves open the potential to recoup production funds through commercial distribution of their work. – Anna Helm http://www.engagemedia.org/

130. Sita Sings the Blues – Nina Paley Total donations from people who appreciate her giving out free content: $23,000 Profits from her online store which sells merchandise and DVDs: $19,000 Theatrical distribution revenues: $3,000 (out of total box office tally of $22,350) Additional DVD distribution: $3,000 Broadcast television distribution: $3,000 Revenue from Central Cinema in Seattle which showed the film: $4,000 Grand total: $55,000 http://www.sitasingstheblues.com/

133. Revver Advertising supported Video sharing site with embedded advertising – money split 50/50 with creators All videos under Creative Commons BY-NC-ND licence – to allow for maximum distribution Success story – Eepybird.com’s “Extreme diet coke and mentos experiment” - watched over 6 million times; made US$30,000 in first year Now hosts other popular video series - eg Lonelygirl15, “ask a ninja” Countless previews http://www.revver.com/

134. Beatpick ‘premium service’ model ‘Fairplay’ music label All music downloadable DRM free under Creative Commons BY-NC-SA licence Sells ‘high quality’ downloads Negotiates ‘commercial’ licences Success story – “Memories Child” by Jamison Young (Australian musician) licensed for “The X-Files: I Want to Believe“ feature film Has also licensed material for ads, video games, corporate events, political campaigns http://www.beatpick.com/

135. 9 tracks free download 36 tracks licensed 5 payment options $300 ultra deluxe package 2500 units sold out in 30 hours amazon’s highest selling MP3s United States 2.0Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com

136. “The end result is a wildly varied body of music that we're able to present to the world in ways the confines of a major record label would never have allowed – from a 100% DRM-free, high-quality download, to the most luxurious physical package we've ever created.” – Trent Reznor United States 2.0Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com

137. Generic 2.0IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653

138. DO I HAVE THE RIGHTS?

139. HOW DO I WANT TO ENGAGE, AND WITH WHO?

140. WHAT’S MY BUSINESS MODEL?

141. WHAT DO I WANT?

142. Thanks creativecommons.org wiki.creativecommons.org/casestudies creativecommons.org.au info@creativecommons.org.au Carpeted commons by Glutnix, http://www.flickr.com/photos/glutnix/2079709803/in/pool-ccswagcontest07 available under a Creative Commons Attribution 2.0 licence, http://creativecommons.org/licenses/by/2.0/deed.en This slide show is licensed under a Creative Commons Australia Attribution licence. For more information see http://creativecommons.org/licenses/by/2.5/au/. Images in the slideshow are licensed as marked. CRICOS No. 00213J