Copyleft, Copyright/wrongs and Fair-use

This section is focusing on different intellectual property and the surrounding cultures.

Watch clips, download files, and discuss!

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Copyright and piracy

Steal This Film Part II [2007; 45 mins] From The League of Noble Peers, 2007.

Freedom of Expression®: Resistance and Repression in the Age of Intellectual Property From Kembrew McCleod, 2007.

Larry Lessig: How creativity is being strangled by the law [March 2007; 19.07 mins] From TED Talks

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Copyleft

“Copyleft is a general method for making a program or other work free, and requiring all modified and extended versions of the program to be free as well.” – From GNU Operating System

“Copyleft licences are non-restrictive and provide creators with greater control over their work, research and projects and a more reasonable remuneration for their work while also giving end users greater access to, and enjoyment of, works released in this way.” – From Fundación Copyleft

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Creative Commons (CC)

“Creative Commons defines the spectrum of possibilities between full copyright — all rights reserved — and the public domain — no rights reserved. Our licenses help you keep your copyright while inviting certain uses of your work — a ’some rights reserved’ copyright.”

“Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry’” – From Creative Commons

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Fair-use

“Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.

Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute will have to be resolved by courts or arbitration. If it’s not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.

The only guidance is provided by a set of fair use factors outlined in the copyright law. These factors are weighed in each case to determine whether a use qualifies as a fair use. For example, one important factor is whether your use will deprive the copyright owner of income. Unfortunately, weighing the fair use factors is often quite subjective. For this reason, the fair use road map is often tricky to navigate.” – From Stanford Copyright and Fair-use Centre

More information from Wikipedia:
http://en.wikipedia.org/wiki/Fair_use

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Recut, Reframe, Recycle

“The study, Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video, by Center director Pat Aufderheide and Peter Jaszi, co-director of the law school’s Program on Information Justice and Intellectual Property, shows that many uses of copyrighted material in today’s online videos are eligible for fair use consideration. The study points to a wide variety of practices—satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and of course, pastiche or collage (remixes and mashups)—all of which could be legal in some circumstances.” – From the Centre for Social Media

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’Tales from the Public Domain: BOUND BY LAW?’ Comic

“A documentary is being filmed. A cell phone rings, playing the “Rocky” theme song. The filmmaker is told she must pay $10,000 to clear the rights to the song. Can this be true? “Eyes on the Prize,” the great civil rights documentary, was pulled from circulation because the filmmakers’ rights to music and footage had expired. What’s going on here? It’s the collision of documentary filmmaking and intellectual property law, and it’s the inspiration for this new comic book. Follow its heroine Akiko as she films her documentary, and navigates the twists and turns of intellectual property. Why do we have copyrights? What’s “fair use”? Bound By Law reaches beyond documentary film to provide a commentary on the most pressing issues facing law, art, property and an increasingly digital world of remixed culture.” – From Center for the Study of the Public Domain, Duke University

Get a free digital copy here

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Interesting clips

C30 C60 C90 Go – Bow Wow Wow [March 13 2007; 02.38 mins]
From NightNurseBetty

Freedom of Expression (6 Min Preview) [Oct 04 2007; 06.55 mins]
From Challenging Media

A Fair(l)y use Tale [May 18 2007; 10.13 mins]
From Professor Eric Faden of Bucknell University

Remix Culture [Jan 2008; 03.51 mins]
From Centre for Social Media

Recut Reframe Recycle report [04.04]
From Chronicle for Education

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