Managing copyright infringement risk for artists (see NOTES for details). Artists use others' works in creative ways, sometimes legally, sometimes not so much. It's not that hard to stay on the right side of things, with a little bit of planning. The NOTES for these slides lay out strategies to keep your work in the creative flow, and outside the legal eddies. NOTES tab is below, on the right.
How is your media project similar to other media texts?colossalproduction
The media project incorporates design elements that are common across music industry CD covers, music videos, and artist websites to make it appear more professional and standardized. For the CD cover, a close-up photo of the artist's face on the front and minimal design elements on the back are used, similar to covers by Coolio and Eminem. Ritual dancing is included in the music video, as with other music videos. The website includes an about page with the artist's story, links to social media, and listings of tour dates and events, mirroring elements found on websites for artists like Coolio and Katy Perry.
The document contains multiple repetitions of a copyright notice granting Deusdet Coppen rights to transcribe and publish music scores free of charge, with rights reserved for artist Lady Gaga. The transcription and publishing rights are granted from 2001-2008 and the notice provides contact information for Deusdet Coppen.
The document discusses the creation of a music video for an artist named Emily Quinn. It was intended to fit conventions of the adult contemporary genre by resembling artists like Dido and Taylor Swift. Shots of the artist framed by pillars were used to represent feelings of being trapped or wanting more. Audience feedback noted the narrative was confusing but liked the pace, and expected to see the pretty artist in pretty locations. Technology like mini DV cameras, iMovie, and image editing software were used in the production.
The document analyzes and compares the opening title sequences of three biopic films: Cadillac Records, I'm Not There, and Made of Stone.
Cadillac Records establishes the collaborative effort between studios and sets the tone for the film with the director name and main actors over a record player playing music from the era.
I'm Not There uses a simplistic title sequence in black and white to portray Bob Dylan backstage at a concert, setting an artistic tone.
Made of Stone immediately shows the subject of the film, The Stone Roses, through slow motion footage of the lead singer at a concert with flashing lights as a voiceover discusses happiness, while also establishing the production company and genre with a
The document discusses Andrew Goodwin's theory of music videos and how it will influence the creation of a new music video. Goodwin's theory states that music videos typically include close-ups of the main artist, voyeurism especially of female artists, intertextual references to other videos or media, and a relationship between the lyrics and visuals. The creator of the new music video plans to support Goodwin's theory by including many close-ups of the artist and linking the lyrics and visuals. They aim to create an indie-pop music video that follows typical conventions of the genre.
The document discusses researching music used in documentaries and films. It looked at several iconic documentaries like Panorama and Crime Watch to get initial ideas. It also looked at short films by Newman Films, which focuses on how to create songs for clips and has online tutorials. This gave some initial ideas on how to musically connote certain things for their own documentary. The document mentions liking Hans Zimmer's compositional style and wanting to create original music instead of using royalty-free music found online. It details asking a student to help with composing music but she may only have time to do the opening titles, so they plan to ask the Head of Music for additional help.
The document discusses the conventions that influenced the design of a Digipack for a music album. It outlines several conventions of Digipacks, including using a maximum of 2-3 fonts, small production details, the artist's name and face on the front cover, and inclusion of a barcode and information. It then provides screenshots of the front and back covers designed for the Digipack, comparing the back cover layout to that of Taylor Swift's "Red" album. Finally, it discusses conventions for music advertisements that were considered in designing an advertisement for the album.
The document discusses finding copyright-free music online to use as a soundtrack for a horror-themed opening sequence. It describes searching three websites - Incompetch.com, freestockmusic.com, and purpleplanet.com - but only finding suitable music on the third site, purpleplanet.com, which had a horror music playlist. The selected soundtrack, called "The House on the Hill," was deemed very creepy and chilling, fitting what was needed for the opening while being copyright free.
How is your media project similar to other media texts?colossalproduction
The media project incorporates design elements that are common across music industry CD covers, music videos, and artist websites to make it appear more professional and standardized. For the CD cover, a close-up photo of the artist's face on the front and minimal design elements on the back are used, similar to covers by Coolio and Eminem. Ritual dancing is included in the music video, as with other music videos. The website includes an about page with the artist's story, links to social media, and listings of tour dates and events, mirroring elements found on websites for artists like Coolio and Katy Perry.
The document contains multiple repetitions of a copyright notice granting Deusdet Coppen rights to transcribe and publish music scores free of charge, with rights reserved for artist Lady Gaga. The transcription and publishing rights are granted from 2001-2008 and the notice provides contact information for Deusdet Coppen.
The document discusses the creation of a music video for an artist named Emily Quinn. It was intended to fit conventions of the adult contemporary genre by resembling artists like Dido and Taylor Swift. Shots of the artist framed by pillars were used to represent feelings of being trapped or wanting more. Audience feedback noted the narrative was confusing but liked the pace, and expected to see the pretty artist in pretty locations. Technology like mini DV cameras, iMovie, and image editing software were used in the production.
The document analyzes and compares the opening title sequences of three biopic films: Cadillac Records, I'm Not There, and Made of Stone.
Cadillac Records establishes the collaborative effort between studios and sets the tone for the film with the director name and main actors over a record player playing music from the era.
I'm Not There uses a simplistic title sequence in black and white to portray Bob Dylan backstage at a concert, setting an artistic tone.
Made of Stone immediately shows the subject of the film, The Stone Roses, through slow motion footage of the lead singer at a concert with flashing lights as a voiceover discusses happiness, while also establishing the production company and genre with a
The document discusses Andrew Goodwin's theory of music videos and how it will influence the creation of a new music video. Goodwin's theory states that music videos typically include close-ups of the main artist, voyeurism especially of female artists, intertextual references to other videos or media, and a relationship between the lyrics and visuals. The creator of the new music video plans to support Goodwin's theory by including many close-ups of the artist and linking the lyrics and visuals. They aim to create an indie-pop music video that follows typical conventions of the genre.
The document discusses researching music used in documentaries and films. It looked at several iconic documentaries like Panorama and Crime Watch to get initial ideas. It also looked at short films by Newman Films, which focuses on how to create songs for clips and has online tutorials. This gave some initial ideas on how to musically connote certain things for their own documentary. The document mentions liking Hans Zimmer's compositional style and wanting to create original music instead of using royalty-free music found online. It details asking a student to help with composing music but she may only have time to do the opening titles, so they plan to ask the Head of Music for additional help.
The document discusses the conventions that influenced the design of a Digipack for a music album. It outlines several conventions of Digipacks, including using a maximum of 2-3 fonts, small production details, the artist's name and face on the front cover, and inclusion of a barcode and information. It then provides screenshots of the front and back covers designed for the Digipack, comparing the back cover layout to that of Taylor Swift's "Red" album. Finally, it discusses conventions for music advertisements that were considered in designing an advertisement for the album.
The document discusses finding copyright-free music online to use as a soundtrack for a horror-themed opening sequence. It describes searching three websites - Incompetch.com, freestockmusic.com, and purpleplanet.com - but only finding suitable music on the third site, purpleplanet.com, which had a horror music playlist. The selected soundtrack, called "The House on the Hill," was deemed very creepy and chilling, fitting what was needed for the opening while being copyright free.
The webpage promotes a new film. The film title is prominently displayed at the top in bold writing to identify what the site is about and be the first thing viewers see. Navigation bars help viewers find information. Social media links at the bottom allow sharing the film. Various film details like trailers, soundtracks, and release dates are accessible through links. The design and colors provide clues about the film's genre and tone.
There are three types of music videos: narrative based, performance based, and concept based. The proposed video will have slight narrative and concept elements. It will show the artist having fun with friends to match the fast beat of the song. Intertextuality refers to references to other media in music videos, which can be effective at drawing attention, such as Iggy Azalea's "Fancy" video resembling the film "Clueless" to appeal to her target audience. Intertextuality will be considered for the video.
Lydia Graham is planning a 6-panel digipak for an album. She presents two design ideas: 1) having the CD in the center with other elements around it as it unfolds, featuring a black and white photo of the artist with a colored toxic sign; 2) having the CD on the right side with an image spanning two panels. She will construct the digipak in Photoshop and chooses the first idea as it compliments the artist's work and is similar to their previous albums.
Goodwin identified 7 common elements that are often present in music videos. These elements include demonstrating genre characteristics, showing a relationship between the lyrics and visuals, having a relationship between the music and visuals, including demands of the record label like closeups of the artist, referencing voyeurism by intimately watching the artist, including intertextual references to other media, and featuring a narrative, concept, or performance. While a music video may not contain all 7 elements, it typically includes 2-3 of these features.
The music video challenges conventions by focusing solely on the lead singer rather than the whole band. There is a relationship between the lyrics, visuals, and upbeat music. Close-up shots of the singer mouthing the lyrics are prominently featured. Audience feedback praised the location, use of objects to illustrate the lyrics, and engaging camera work, but suggested using more natural effects and additional distracting objects. A variety of media technologies were used for research, planning, filming test footage, gathering feedback, and evaluating the project.
This document profiles Alonzo Williams, a music producer and sound designer. It notes that he began playing trumpet at age 8 and that music runs deep in his family. Williams values family and was influenced to pursue his music career by witnessing both good and bad of the industry up close through family. The document provides details on Williams' education and areas of expertise including his Bachelor's degree in Music Production. It lists songs Williams produced on Ice T's album "Gangsta Rap" and emphasizes the importance of professionalism.
This document contains a series of letters arranged in a grid-like pattern without obvious meaning or message. The letters are randomly arranged and do not seem to form words or sentences when read left to right, top to bottom.
This document summarizes and analyzes the websites of Jason Derulo, Spotify, and Maroon 5. For Jason Derulo's site, a music video autoplays in the background as you scroll, making the site more engaging. Spotify prominently advertises subscription plans and uses graphics and empty space for visual appeal. Maroon 5's colorful site features a gallery and tour dates, with white space focusing attention on titles and images within margins.
The document provides details for three promotional items for a musician: a music video for the song "Anywhere" by Passenger, a website homepage, and a digipak for a greatest hits album. The music video storyline follows a long-distance couple who miss each other greatly when apart and enjoy their time together. Short, fast-cut shots will be used to match the upbeat song. The website homepage template will prominently feature the artist's name and allow users to listen to song snippets. It will include images and navigation tabs. The digipak will include 14 popular songs across one disc and a second "Best of" DVD disc compiling favorite moments from tours.
The document provides details for promoting a new album release, including creating a music video for the song "Anywhere" by Passenger, designing a website homepage, and producing a digipak. The music video storyline would focus on a long-distance relationship, with fast-paced editing to match the upbeat song. For the website, Wix or Jimdo would be used to feature the artist and song snippets. The digipak would include a "Greatest Hits" album and bonus DVD capturing tour highlights to promote Passenger's work.
The brand concept for the album, music video, and website was based around a natural theme to fit with the indie/alternative rock genre of the music. Nature shots and scenic backgrounds were used throughout to maintain continuity. The theme was inspired by lyrics about the changing world and destruction of nature. To link the different media, the same sunset image was used for the album cover and website background, along with similar fonts and an emphasis on outdoor nature photos. The goal was to create a consistent theme while making the content visually appealing and not boring.
The document discusses the creation of various media products including a video, album packaging, and website for a musician. The goal was to create a consistent visual style and "star image" across all products that audiences could associate with the artist. Specific design elements like forest imagery, typefaces, and color schemes were carried over from the video to the album packaging and website to reinforce the artist's brand identity. Consistency of visuals and easy navigation were prioritized to improve the audience experience across all of the artist's media.
The home page of the artist's website will feature an image from the album cover with a button linking to an online shop. It will also include the music video for "Guys Over Fear" and a news section with photos and articles. A red banner with the artist's name in matching font will appear above a menu bar for easy navigation between pages, including social media links and a login option.
The news page will feature latest updates like new music videos and a subscribe button for email updates. It will also display the artist's social media accounts.
The tour page will list all tour dates and links to buy tickets, along with a widget showing the artist and tour's social media pages.
The shop
Andrew Goodwin's theory identifies 6 features of music videos: 1) They demonstrate genre characteristics. 2) There is a relationship between lyrics and visuals. 3) There is a relationship between music and video. 4) Record labels demand close ups of artists and recurring motifs. 5) Videos frequently reference looking. 6) Videos reference other media like films and TV. The document applies this theory in analyzing Avicii's "My Feelings For You" music video.
Film District is a production house founded in 2010 in the UAE that offers video production, photography, and equipment rentals. They provide services for both corporate and individual clients and support amateurs and professionals in the film industry. Their goal is to become clients' creative partner in realizing their ideas. They offer a loyalty program for long-term partnerships that provides complimentary services based on monthly spending amounts.
This document discusses the distribution of short films. It notes that short films are typically under 5 minutes and can be live action, animated, or a combination. Unlike feature films, short films are usually distributed by independent producers through short film festivals held around the world, online distribution platforms, award winning status which brings attention, and as "pre-sales" to demonstrate an idea and generate interest in developing it into a feature film. Popular short film festivals highlighted include Sundance, Cannes, and Raindance.
The document discusses various media technologies used to construct, plan, and evaluate a project. It describes using Blogger to present evidence in chronological order and embed videos from YouTube and Slideshare. Facebook was used for audience feedback and reviewing music preferences of friends. Final Cut Pro was used to edit videos together, though had issues with syncing at times. Sony HD cameras captured high quality footage for the green screen and narratives, while MPEG Streamclip helped convert footage for use in Final Cut Pro.
ASMP Richard Kelly Releases Presentation 2014_nab_slideshareRichard Kelly
Presentation on Releases, Trademark and Privacy Rights Demystified for the FMC Post Production World at NAB2014 Las Vegas Convention Center April 9, 2014.
The SCOUT MUSIC DESIGN LAB is a modern apprentice and mentoring model for music producers and musicians.
Based on emerging and classic music trends, collaborate and produce original music with guidance from Scout.
The webpage promotes a new film. The film title is prominently displayed at the top in bold writing to identify what the site is about and be the first thing viewers see. Navigation bars help viewers find information. Social media links at the bottom allow sharing the film. Various film details like trailers, soundtracks, and release dates are accessible through links. The design and colors provide clues about the film's genre and tone.
There are three types of music videos: narrative based, performance based, and concept based. The proposed video will have slight narrative and concept elements. It will show the artist having fun with friends to match the fast beat of the song. Intertextuality refers to references to other media in music videos, which can be effective at drawing attention, such as Iggy Azalea's "Fancy" video resembling the film "Clueless" to appeal to her target audience. Intertextuality will be considered for the video.
Lydia Graham is planning a 6-panel digipak for an album. She presents two design ideas: 1) having the CD in the center with other elements around it as it unfolds, featuring a black and white photo of the artist with a colored toxic sign; 2) having the CD on the right side with an image spanning two panels. She will construct the digipak in Photoshop and chooses the first idea as it compliments the artist's work and is similar to their previous albums.
Goodwin identified 7 common elements that are often present in music videos. These elements include demonstrating genre characteristics, showing a relationship between the lyrics and visuals, having a relationship between the music and visuals, including demands of the record label like closeups of the artist, referencing voyeurism by intimately watching the artist, including intertextual references to other media, and featuring a narrative, concept, or performance. While a music video may not contain all 7 elements, it typically includes 2-3 of these features.
The music video challenges conventions by focusing solely on the lead singer rather than the whole band. There is a relationship between the lyrics, visuals, and upbeat music. Close-up shots of the singer mouthing the lyrics are prominently featured. Audience feedback praised the location, use of objects to illustrate the lyrics, and engaging camera work, but suggested using more natural effects and additional distracting objects. A variety of media technologies were used for research, planning, filming test footage, gathering feedback, and evaluating the project.
This document profiles Alonzo Williams, a music producer and sound designer. It notes that he began playing trumpet at age 8 and that music runs deep in his family. Williams values family and was influenced to pursue his music career by witnessing both good and bad of the industry up close through family. The document provides details on Williams' education and areas of expertise including his Bachelor's degree in Music Production. It lists songs Williams produced on Ice T's album "Gangsta Rap" and emphasizes the importance of professionalism.
This document contains a series of letters arranged in a grid-like pattern without obvious meaning or message. The letters are randomly arranged and do not seem to form words or sentences when read left to right, top to bottom.
This document summarizes and analyzes the websites of Jason Derulo, Spotify, and Maroon 5. For Jason Derulo's site, a music video autoplays in the background as you scroll, making the site more engaging. Spotify prominently advertises subscription plans and uses graphics and empty space for visual appeal. Maroon 5's colorful site features a gallery and tour dates, with white space focusing attention on titles and images within margins.
The document provides details for three promotional items for a musician: a music video for the song "Anywhere" by Passenger, a website homepage, and a digipak for a greatest hits album. The music video storyline follows a long-distance couple who miss each other greatly when apart and enjoy their time together. Short, fast-cut shots will be used to match the upbeat song. The website homepage template will prominently feature the artist's name and allow users to listen to song snippets. It will include images and navigation tabs. The digipak will include 14 popular songs across one disc and a second "Best of" DVD disc compiling favorite moments from tours.
The document provides details for promoting a new album release, including creating a music video for the song "Anywhere" by Passenger, designing a website homepage, and producing a digipak. The music video storyline would focus on a long-distance relationship, with fast-paced editing to match the upbeat song. For the website, Wix or Jimdo would be used to feature the artist and song snippets. The digipak would include a "Greatest Hits" album and bonus DVD capturing tour highlights to promote Passenger's work.
The brand concept for the album, music video, and website was based around a natural theme to fit with the indie/alternative rock genre of the music. Nature shots and scenic backgrounds were used throughout to maintain continuity. The theme was inspired by lyrics about the changing world and destruction of nature. To link the different media, the same sunset image was used for the album cover and website background, along with similar fonts and an emphasis on outdoor nature photos. The goal was to create a consistent theme while making the content visually appealing and not boring.
The document discusses the creation of various media products including a video, album packaging, and website for a musician. The goal was to create a consistent visual style and "star image" across all products that audiences could associate with the artist. Specific design elements like forest imagery, typefaces, and color schemes were carried over from the video to the album packaging and website to reinforce the artist's brand identity. Consistency of visuals and easy navigation were prioritized to improve the audience experience across all of the artist's media.
The home page of the artist's website will feature an image from the album cover with a button linking to an online shop. It will also include the music video for "Guys Over Fear" and a news section with photos and articles. A red banner with the artist's name in matching font will appear above a menu bar for easy navigation between pages, including social media links and a login option.
The news page will feature latest updates like new music videos and a subscribe button for email updates. It will also display the artist's social media accounts.
The tour page will list all tour dates and links to buy tickets, along with a widget showing the artist and tour's social media pages.
The shop
Andrew Goodwin's theory identifies 6 features of music videos: 1) They demonstrate genre characteristics. 2) There is a relationship between lyrics and visuals. 3) There is a relationship between music and video. 4) Record labels demand close ups of artists and recurring motifs. 5) Videos frequently reference looking. 6) Videos reference other media like films and TV. The document applies this theory in analyzing Avicii's "My Feelings For You" music video.
Film District is a production house founded in 2010 in the UAE that offers video production, photography, and equipment rentals. They provide services for both corporate and individual clients and support amateurs and professionals in the film industry. Their goal is to become clients' creative partner in realizing their ideas. They offer a loyalty program for long-term partnerships that provides complimentary services based on monthly spending amounts.
This document discusses the distribution of short films. It notes that short films are typically under 5 minutes and can be live action, animated, or a combination. Unlike feature films, short films are usually distributed by independent producers through short film festivals held around the world, online distribution platforms, award winning status which brings attention, and as "pre-sales" to demonstrate an idea and generate interest in developing it into a feature film. Popular short film festivals highlighted include Sundance, Cannes, and Raindance.
The document discusses various media technologies used to construct, plan, and evaluate a project. It describes using Blogger to present evidence in chronological order and embed videos from YouTube and Slideshare. Facebook was used for audience feedback and reviewing music preferences of friends. Final Cut Pro was used to edit videos together, though had issues with syncing at times. Sony HD cameras captured high quality footage for the green screen and narratives, while MPEG Streamclip helped convert footage for use in Final Cut Pro.
ASMP Richard Kelly Releases Presentation 2014_nab_slideshareRichard Kelly
Presentation on Releases, Trademark and Privacy Rights Demystified for the FMC Post Production World at NAB2014 Las Vegas Convention Center April 9, 2014.
The SCOUT MUSIC DESIGN LAB is a modern apprentice and mentoring model for music producers and musicians.
Based on emerging and classic music trends, collaborate and produce original music with guidance from Scout.
Pane'ramik - Effective Marketing with VideoBlake Rea
Video marketing is a powerful medium that will have your prospects reaching for their wallets. These are things you need to consider if you want to have an Effective Marketing Campaign.
25 years experience collaborating with interior designers, architects, owners and artists creating unique, site specific art and graphic collections that breathe soul into every project, every time. Specializing in hospitality, healthcare, government, and corporate buildings.
MW18 Workshop: Experiential Master Plans: Integrating Digital Experiences Int...MuseWeb Foundation
By Brad Baer, Bluecadet, USA
Gone are the days of beginning an experience at a gate or front door. Thanks to technology and interconnectivity we now interact with spaces and places in several different ways before we even arrive and in a much different manner on-site. Irregardless of whether you view this is for the best, it’s clearly here to stay and it means that we should migrate from creating Master Plans towards creating Experiential Master Plans.
Following this session, attendees will:
1. Be able to clearly explain the concept of an experiential master plan that considers the pre, during, and post-visit experience.
2. Have a better idea of how websites, apps, touchscreens, and interactive environments can be integrated into the built environment to improve the overall experience for a diverse audience
3. Learn how to interface with digital agencies and evaluate when and how dynamic interfaces should be integrated into a space.
Filmzu is an Ad Tech marketplace that pairs your brand with handpicked filmmakers to create great video content for your business.
Not having a video on your site is only hurting your business, and Filmzu gives a secure place to connect with producers for your next explainer, commercial, event, or any other type of video.
Visit www.filmzu.com to learn more
This document discusses open data and data lakes. It defines open data as information that is available for anyone to use at no cost. It discusses how much data is being collected and stored today from various sources. It also discusses challenges around data sharing, including copyright and licensing. The document provides examples of open data repositories and portals. It describes how to publish open data by choosing datasets, using appropriate licensing, making the data available, and ensuring it is discoverable. Finally, it briefly introduces the concept of data lakes for large-scale data analytics.
With this project I created a product plan for an I artist that I currently manage. This product plan was for an album release in which I curated a "package" consisting of product pricing, retailers for placement, and media contacts. This was all with the artists specific target market in consideration.
This document provides information on multimedia and media formats. It discusses types of multimedia information such as text, graphics, audio, video, animation, and interactive content. It also covers advantages and disadvantages of multimedia in education. Formats discussed include plain text, rich text, images, audio files, video files, animations, and interactive programs. The document concludes with basic design principles for multimedia like alignment, proximity, contrast, and principles for integrating text, graphics, audio, video, and animation into multimedia content.
A simple look at the real people behind data, and how involving them in your design process can make a world of difference in your end product. Plus - how using Agile methodology can aid a 'user focused philosophy' to iteratively and continually improve.
Designing for the PresentFuture w/ Socratic Experience DesignFritz Desir
How do you design what you design? What is the typical thought process you go through? Have you considered interrogating the way you think and how you make (design) decisions in order to make better ones?
Often as Designers (which includes you “strategists” and “creatives”) due to habit, external pressures and lack of resources we can often get to solution mode too quickly. Even with the best tools, strategy, UX and design thinking methods in mind, rapid solutioning before proper questioning can often lead to far less than ideal outcomes.
With technology, formats and problem spaces evolving daily a very old but often unconsidered form of thinking, questioning, needs consideration. How can the skill of inquiry be developed to help us solve bigger (design) problems in more inspiring ways? In this deck (output from a talk) I discuss how the process of forming "beautiful" design questions can help strengthen your design process, revitalize the artifacts you make, help you get a seat at "the grown-up table" in your organization and prepare you for a world of never ending design.
This portfolio document contains Whitney Wolff's design work across multiple project types including healthcare, residential, institutional, hospitality, office, and retail. Projects include senior living facilities, spas, nonprofit arts centers, and mixed-use developments. Renderings show interior and exterior spaces with an emphasis on evidence-based and sustainable design.
The document discusses plans for a music video for the song "Skinny Love" by Birdy. It will tell the story of a lost LGBT relationship through flashbacks contrasting happy memories with the present-day moments showing their lost relationship. Inspiration comes from artists like Lorde, Ellie Goulding, and music videos like Tom Odell's "Another Love". The target audience is primarily young women who enjoy indie pop and use social media like Tumblr and Instagram.
Whitney Wolff is an interior designer whose portfolio includes residential, healthcare, institutional, hospitality, retail, and commercial projects. Some highlights include a senior living facility in Scottsdale, Arizona focused on dementia care, and a project for Phoenix Children's Hospital called "Frame a Dream" where terminal children's wishes were crafted into art installations. The portfolio showcases renderings, plans, and photographs from Whitney's various design works.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
19. IF THE USE IS TRANSFORMATIVE…
Amount: no more than
needed to achieve purpose
Benefit to public exceeds harm
to copyright owner’s interests
20. C H A L L E N G E D O T H E R S ’ U S E O F T H E I R M A T E R I A L S
SULLIVAN, FAULKNER AND SELTZER
21. U S E A 7 - S E C O N D T V C L I P I N T R O D U C I N G T H E F O U R S E A S O N S
THE JERSEY BOYS
22. U S E S 9 W O R D S A T T R I B U T E D T O F A U L K N E R
WOODY ALLEN
23. U S E S S E L T Z E R ’ S S C R E A M I M A G E A S V I D E O B A C K D R O P
GREEN DAY
24. F A I R U S E B E S T P R A C T I C E S
COLLEGE ART ASSOCIATION
25. • Good for
• Visual Artists
• Poets
• Musicians
• Writers
• Directors
• Producers
• Distributors
• The public
• Good to loosen our
grip a bit
Creative uses
Productive purposes
Orthogonal purposes
CC LICENSES
FAIR USE
Editor's Notes
Slide 2:
Artists create in many different ways, but for many, maybe most, reference to, use of, or building upon the works of others is an integral part of the process. Because all of our works are protected by federal copyright law from the moment that they become fixed in a tangible medium, including computer media, we all enjoy a certain amount of control over what others can do with our works. We like that.
But if that control were absolute, new creativity would have to be 100% original, or refer to or begin with only those works that are licensed, or really old, and frankly, that’s not how creativity always works. The law recognizes that. In fact, the point of the law is not to give us air-tight control over our works, but to encourage creativity itself. Creativity requires a certain amount of flexibility in the set of rights that give us our control. Fair use is the most important place-holder for that flexibility, and we’ll talk about that in a moment.
But the flexibility only goes so far, and as artists, we are likely to overrun its bounds fairly quickly, especially these days, when access to others works online makes use of them so easy. So if we are to manage the risk that we’ll exceed the law’s built-in flexibility in some really big way, and get ourselves (and those who represent us, our galleries, our publishers, etc.) into trouble, we need a set of strategies – we need to know our options from least risky to most risky, and proceed as we need to, given our risk tolerance, our objectives and the means we have of achieving them.
The strategies include creating our works entirely ourselves; or, if we wish to start with others’ works, incorporate them, or reference them in significant ways, begin with works whose owners have already indicated that they WANT us to use them (!) – that would be Creative Commons and Open Access resources; directly obtain permission to use the work we want; or transform others’ work in such a way that our use will qualify as a fair use.
Slide 3:
“Make it yourself” doesn’t need much discussion, except to clarify that by “yourself” I mean absolutely by yourself, without reference to the use of others’ work. Not even from memory. If you’ve had access to another’s work, and your work is substantially similar, you’ll be presumed to have infringed.
Slide 4:
While I’m in awe of people who truly can create work entirely on their own without reference to others’ works, many artists choose to work differently. For those who start with, incorporate or reference others’ works, I recommend the Creative Commons or Open Access option first because with these explicitly publicly licensed materials, you can avoid entirely the problems associated with item-by-itm licensing, paying permission, creating something from scratch, or fair use. In other words, you reduce risk to zero. This makes starting with CC and OA works as effective a risk management strategy as making something 100% yourself.
Slide 5:
The only thing you need to do is to learn good CC search strategies.
There will be times when no one has posted a CC licensed work that really meets your needs, and then you can turn to another strategy. But I would strongly advise that you learn to search for these materials well, so that if you do conclude that there’s nothing CC licensed out there that meets your needs, you’re correct.
Slide 6:
For images, my favorite search strategy is to go straight to Flickr.
Access creative commons licensed images at flickr.com/creativecommons
Slide 7:
I always start by searching the images with the least restrictive license before I move on to others that would restrict my use more. If you can find something whose owner want’s nothing more than attribution, that should be your first choice. Beyond the CC*BY license, you’ll find materials posted by copyright owners who only permit non-commercial uses, or don’t want you to change their work in any way, or if they do allow you to change the work, they’ll want you to be sure to put the same license on the derivative work you create when you change their work, as they had on their work to begin with.
Slide 8:
CC licensed audio and video are on YouTube and other video sites. You can search these from the CC site (search.creativecommons.org), or include a CC search engine option in your browser and find CC content on the sites themselves, like YouTube. Either of these options allows you to search the web for materials that have a CC license embedded in the page code for that item.
Slide 9:
CC licensed images and text can be reached from the search.creativecommons.org page also. Or you can go directly to those sites.
I like searching from the CC search site when I want to see all the types of media that might be available on a particular topic without having to switch from one site to another for each type of content. Using these strategies, you will find the things that match your search that are also licensed for reuse. For free.
Slide 10:
Of course you can go directly to your favorite search engine. Mine is Google. Google Images allows you to create CC license searches from the Settings page. Choose Advanced Search.
Slide 11:
Near the very bottom of the Advanced Search page, you can specify the type of license you would like.
Slide 12:
If you are making materials that will be available for a public audience, for example, if you are posting your materials on a Website or in your institution’s digital repository, you can do that audience a huge favor by spelling out for it what it can do with your materials. Put your own CC license on your materials. It’s easy. The CC website explains each license, helps you choose the one that’s right for you and gives you the code to paste into your online works to evidence your choice, and make YOUR works searchable by others.
So you can do for someone else, what others have done for you: make your posted works clearly available for use and reuse, so there’ s no risk for others if they want to use your works in the ways that you permit.
Slide 30:
For artworks intended for public display or performance, individually licensing the right to reference or use others’ works in your own work is an option. But, it takes a lot of time. And it can be very expensive. For commercial productions in the film and music industries, however, this is the norm. It’s also the norm for publishing, including publishing about art, film and music.
Identifying copyright owners, contacting them, and getting a response can take a very long time and ultimately be very frustrating. Often there is simply no response, or no way to even figure out whom to ask. But if you have a sufficient budget and the lead time to pursue these difficult item-by-item permissions, this method can whittle down your risk considerably. Explicit permission, well documented, is excellent insurance against infringement claims.
Slide 14:
Fair use is our third option. We have enjoyed a very solid expansion in the scope of fair use over the last 20 years. Continuing a trend that began in 1994 with the "Oh, Pretty Woman," case, Campbell v. Acuff-Rose, courts support fair use where the use or purpose is transformative. Campbell didn't actually elaborate different types of transformative uses, but the lower court decisions since then can be more easily understood if we recognize that different types exist.
Slide 15:
Pam Samuelson described an approach I've found useful in a 2009 article, 'Unbundling Fair Use.’ I’ll be relying on her description throughout this talk.
First, its important to understand that all of these types of transformation are most likely to be fair use when they support First Amendment values and freedom of speech. Second, there are transformative works one might create, and two types of transformative purposes one might have in using another's work. Third, the three categories Samuelson identifies within works and purposes can overlap.
Slide 16:
Transformative works are the easiest to recognize: parodies, satire, and appropriation art are good examples. These photos (Slide 16) show how Jeff Koons used a magazine advertisement for shoes in a collage he called, “Niagara.” The court found his use to be transformative. “When, as here, the work is used as “raw materials,” in furtherance of distinct creative or communicative objectives, the use is transformative.” Blanch v. Koons, p. 7.
Two other cases involving Koons’ work didn’t end so well for Koons, however (Rogers v. Koons (string of puppies); United Features Syndicate v. Koons (Odie). So, simply being an appropriation artist does not, in and of itself, assure you that what you are doing will always be fair use. Why the different results? Most importantly, when the first two were decided, the controlling law on fair use in this context was understood to allow *only* parody as a fair use, but since then, courts have expanded the scope of fair use. This idea of transformation is at the heart of that expansion. And just as the law changed to favor fair use, it can change again to favor owners’ rights. It pays to stay on top of these kinds of developments so you have a sense of where you are and what’s going to work and what won’t.
For more information, see, Legalities 30: Jeff Koons and Copyright Infringement, by Linda Joy Kattwinkel, http://www.owe.com/resources/legalities/30-jeff-koons-copyright-infringement/ and See also, 7th Circuit criticizes 2nd Circuit’s ‘Transformative Use’ approach to fair use, Kienitz v. Sconnie Nation, Sept. 14, 2014, http://www.law.com/sites/jdsupra/2014/09/22/seventh-circuit-criticizes-second-circuits-transformative-use-approach-to-fair-use/?slreturn=20150103123908, for explanation of possible split in the circuits regarding the Cariou decision’s near-exclusive reliance on transformative use to justify fair use, arguably gutting the derivative use right.
Images on Slide 16: http://newsgrist.typepad.com/diap_new_media_art_histor/2012/12/copyright-art-three-striking-decisions.html
Slide 17:
Transformative purposes include productive uses and orthogonal uses.
Good examples of productive uses would be those that promote ongoing authorship -- research uses, including making iterative copies that will be used to inform a critique or a commentary, copies for news reporting, quotes to illustrate a point, to explain, to demonstrate. Another example might be making a photograph of a sculpture for an analytical piece. And as HT indicates, an excellent example is making digital copies of books to enable access by the blind and print disabled.
Orthogonal uses are those "wholly unrelated to the use made or envisaged by the original author," (Sag, 2010, Predicting FU, citing Samuelson at 2557). These are uses for a new audience, for a new purpose. HT is again instructive: digitizing works to index them for full text search and to enable text mining are excellent examples. So is Jeff Koons’ work, Niagara. So, that work is a creative use, with a creative purpose.
Again, these are strongest when made in support of First Amendment values.
Slide 18:
Let me give you another example to illustrate the differences among the categories: One might critique or comment upon Margaret Mitchell's, Gone with the Wind, by making a new creative, transformative work, such as the novel, "The Wind Done Gone," a parody, or by writing a scholarly work. Both might be fair uses, but one would rely more on a transformative use (actually changing the work into a new work), the other on a transformative purpose -- a productive use. One might also use her work for an orthogonal purpose by including it in a text-mining project, perhaps to uncover previously unknown information about authors of her era or genre, which information itself might become the subject of some study or other exploration. Such a use is completely different from what Mitchell intended when she wrote the book.
My use of these images (Slide 18) is also orthogonal, as well as productive: I use them to provide a visual reference for what many would say are subtle nuances that define different aspects of transformative fair use. As an instructor, I rely on fair use of visual images to promote understanding of the law among those who wish to keep their actions within its sometimes “evanescent” boundaries.
Slide 19:
Keep in mind that even if a use or a purpose is transformative, the user must still satisfy the other criteria for a fair use. She must use only so much as is necessary to achieve the transformative use or purpose, and the benefit of the use to the public must exceed the harm to the copyright owner's normal expectation of commercial exploitation of his work.
Slide 20:
So, with this framework in mind, let’s look at what happened in 2013. I chose three cases from a rich array of interesting court challenges that year: Ed Sullivan challenged The Jersey Boys; Faulkner challenged Midnight in Paris; and street artist Dereck Seltzer challenged rock band, Green Day, in the Scream Icon case.
Slide 21:
First Ed Sullivan: SOFA Entertainment, owner of the copyrights in the Ed Sullivan Show, sued Dodger Productions, the producers of a play about the 60’s rock band, the Four Seasons. Dodger used a 7 second clip of Ed Sullivan introducing the band. In the view of the 9th Cir., the use was “for …historical significance.” The Court noted that “the defendants had imbued [the clip] with new meaning and had done so without usurping whatever demand there was for the original clip.” The lower court awarded Dodger’s attorney’s fees ($155,000) because it “viewed SOFA’s infringement claim as objectively unreasonable and determined that awarding fees would deter future lawsuits that might chill the creative endeavors of others.” The 9th Cir affirmed the award when it affirmed the fair use defense.
This exemplifies a productive purpose. Jersey Boys uses the 7-second clip to show (illustrate, demonstrate) a point in the Boys’ historical trajectory. Making it on the Ed Sullivan show was quite an accomplishment. In fact, the band viewed it at the time as its hope for reviving its popularity in the midst of the British Invasion. The clip also illustrates an orthogonal use – the new audience, the different expressive purpose, the re-contextualizing giving the older content a new meaning.
My use of this image from the play (slide 21) serves as a visual referent to aid in understanding and retention of the information the case embodies, the information I am trying to convey. These actors and their director and producers are taking a risk and making a statement about their right to reference the culture of the 20th Century – our culture – for purposes other than the original expressive purpose of the creator of the materials, and for a different audience. Me too.
Image on Slide 21: http://www.jerseyboyslondon.org/
Slide 22:
Now, the Faulkner challenge: In the movie, Midnight in Paris, Owen Wilson’s character Gil Pender at one point says, “The past is not dead. Actually, it’s not even past,” which he attributes to Faulkner even though the quote was slightly inaccurate. Pender goes on to recount a meeting he has just had with the long-dead Faulkner as proof of the assertion. This movie is a comedy. It’s filled with literary and artistic allusions. This quote describes Pender’s problem: “Golden Age Thinking, the erroneous notion that a different time period is better than the one one’s living in. Ya know, it’s a flaw in the romantic imagination of those people who find it difficult to cope with the present”. “Golden Age Thinking” pervades the film, both in plot and theme.” p. 2, quoting character Bates in the movie.
Faulkner’s point was altogether different – about your past catching up with you. This suggests that this is an orthogonal use and a productive use – in other words, that Midnight’s director has a transformative purpose.
The quote is used to illustrate a point about our attachment to the life of the past, to explain. This is a rather traditional use of a short quote. The Court elaborates on the orthogonal purpose, noting that, “The speaker, time, place, and purpose of the quote in these two works are diametrically dissimilar.” at p. 8. And the quote even takes on an aspect of transformative use in the creative sense in the Court’s view: “The use of these nine words in Midnight undoubtedly “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message.” citing Campbell. At p. 9. The quote has been entirely recontextualized, and that itself is transformative.
Nine words. Eight seconds of a 90 minute film. Again, we're seeing very small parts used, challenged, and defended successfully as fair use! Directors, actors and producers are taking a risk, making a statement about their right to reference popular culture in creative, productive and new ways.
Image on Slide 22: http://www.theatlantic.com/entertainment/archive/2011/06/hemingway-said-what-a-cultural-cheat-sheet-for-midnight-in-paris/240198/
Slide 23:
The third case relies on a creative use: Seltzer v. Green Day: Photographer Richard Staub had earlier taken a picture of a wall plastered with Seltzer’s street art, and when he was hired by musical group Green Day to create a video for the group that would play as background for a live performance, he built a set that included an image inspired by Seltzer’s scream icon, along with a lot of other street art. During the video a series of artists come onto the set, add art to the wall, then exit. Finally, the video played as a backdrop for a particular song in a Green Day live performance. These three aspects of the use are illustrated by the images on the screen (Slide 23).
Interestingly, in this case, the plaintiff actually helped the defendant make his case. Seltzer complained about how much Green Day changed his work, how horribly the band deformed it, and how they changed its meaning to almost the opposite of what Seltzer intended. Of course, these qualities are precisely what made the use transformative, and a fair use, even though Green Day used the whole work. Further, it was clear that Seltzer would never have authorized the use. Fair use was Green Day's only option. And, importantly, the use supports a speech value so it furthers the goals of copyright. Finally, the harm to Seltzer was minimal, by his own admission. Thus, the value to the public outweighed the harm to Seltzer.
Images on Slide 23: NYC Bar (http://www.nycbar.org/copyright-a-literary-property/copyright-news/1833-dereck-seltzer-v-green-day-inc-et-al-9th-cir-transformative-use-of-poster-art); Rebecca Tushnet’s blog (http://tushnet.blogspot.com/2013/08/changed-meaning-is-fair-use-but-cant.html); and IP Kitten (legal blog) ( http://ipkitten.blogspot.com/2013/08/transformative-use-victory-for-green.html) .
Slide 24:
American University and its Law School have collaborated on a series of statements of the Best Practices in Fair Use in a variety of contexts. These are practical, scenario-driven guides that help people in those fields to more confidently rely on fair use. The College Art Association, which supports the work of colleges and universities all over the country, published its statement in February, 2015 and you can find it online at http://www.collegeart.org/fair-use/
The third scenario in the statement is helpful for artists, as students and as professionals. It’s entitled, Making Art, and it begins on page 11.
Slide 25:
So, what does this mean for artists? We have choices about the way we create, and about the way we use others’ works in our process. The development of CC licensed works as resources and the expansion of transformative fair use have very positive implications for artists and their galleries and museums of course, but also for scholars, educators, publishers, actors, poets, directors, and producers. These developments are very good news for all of us involved in the creation, dissemination, and discussion of new works. They give all of us room to move.
There are, no exaggeration, billions of images online. Of the individuals placing them there, millions and millions have decided to share them in a way that gives us all permission to use them freely. How can this not be a huge benefit to the creative process? There may still be many people who wish to keep others from using their works, but thanks to fair use, they cannot prevent all uses. This would undermine the very point of copyright law.
As the Court in The Jersey Boys case said (p. 7), quoting an earlier fair use decision: “ … an overzealous monopolist can use his copyright to stamp out the very creativity that the Act seeks to ignite. Stewart v. Abend, 495 U.S. 207, 236 (1990). To avoid that perverse result, Congress codified the doctrine of fair use.” Id.
Fair use requires of us as copyright owners that we not hold so tightly to our ideas about what we can or should be able to control. Copyright is porous on purpose. The law gives us all these freedoms and our society is better off when creators are not afraid to take full advantage of them.