Archive for the 'Copyright-Fair Use' Category

What use is intellectual property on a dead planet?

If nature evolves based on open source and networked architecture, then it makes sense that our media should do so as well. The following article makes the argument more acute: climate change media should be open for all educational purposes. I couldn’t agree more. (I recommend clicking through and reading the whole article.)

P2P Foundation » Blog Archive » What use is intellectual property on a dead planet?:

Films and television programmes about climate change should be made freely available beyond their initial broadcast, argues Nalaka Gunawardene.

Films and television programmes about climate change should be designated a ‘copyright free zone’.

This was the call made by broadcasters and independent film-makers at an Asian media workshop held in Tokyo last month (October).

For years, broadcasters have dutifully reported on evolving scientific and political aspects of climate change. They have also made or carried excellent documentaries analysing causes of, and solutions to, the problem. But these are often not widely available, because of tight copyright restrictions.

Limited distribution

Most media companies hang on to their products for years, sometimes long after they have recovered their full investment.

Even when film-makers or producers themselves want their creations to circulate beyond broadcasts, company policies get in the way. In large broadcast or film production companies, lawyers and accountants — not journalists or producers — decide how and where content is distributed.

It isn’t just climate-related films that are locked up with copyright restrictions. Every year, hundreds of television programmes or video films — many supported by public, corporate or philanthropic funds — are made on a variety of development and conservation topics.

These are typically aired once, twice or at best a few times and then relegated to a shelf somewhere. A few may be released on DVD or adapted for online use. But the majority goes into archival ‘black holes’, from where they might never emerge again.

Yet most of these films have a long shelf life and could serve multiple secondary uses outside the broadcast industry.

Thanks Peter!

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Google being evil

I suggest you go and read the full post from Palms Out who are claiming that Google is removing posts from Blogger (which it owns) that contain copyright violations in the form of song files. Scary.

Palms Out Sounds:

For all of you who are wondering what has happened with Remix Sunday, let me offer a brief explanation:

Google, the IFPI & the RIAA have begun a campaign against all the music blogs hosted on blogger.com - especially high profile blogs, like Palms Out.

This first started a couple of months ago, but only hit Palms Out about a month ago.

Without warning, Google removed three old posts from the blog, and offered no explanation. They then followed by removing Remix Sunday 131, and 132- and offered a brief explanation. Keep in mind, there is no actual copyrighted content uploaded by Palms Out that is hosted on any of Google’s servers, only hyperlinks.

(Thanks Peter!)

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Copyright clusterfrak

Link: Johannes Kreidler product placements performance english

A little documentary about Johannes Kreidler’s “Product Placements” performance: 72,000 samples in 33 seconds. He’s doing the artistic equivalent of a denial of service attack on Germany’s copyright agency, GEMA.

Here is a video of the performance:

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Pirate’s dilemma redux

I think this video does a better job of explaining the Pirate’s Dilemma than the book. The material lends itself to an audiovisual medium, and can spread more rapidly via the net. I’m for the ideas in the book, but I found it a little too superficial and lacking in some good, wholesome theory. But I’m down with the concept, so let the video proliferate and multiply!

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Lessig on the “first problem”

Update: Apparently Dan Rather was here, and not Lessig. I fixed it. Please watch this. It’s really amazing.

If there is one talk from NCMR 2008, it’s this one by Lessig who tackles the source of media consolidation.

FYI, you can view the whole video channel here.

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No worries AP, we don’t need your stickin’ content

200806171645

Old media always goes to war with the new. So the following news is hardly surprising. Too bad for AP. They have no idea what they will be missing, which is a ringside seat to the next media revolution.

AP vs Bloggers: The Mainstream Media Declares War on Blogs:

But lets look a little deeper here, because this isn’t a case of one small media company taking on blogs, this is nearly the entire print media, and for good measure television and radio as well. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which is the vast majority of all mainstream media outlets. Through AP the mainstream media has declared war on blogging, and established law isn’t going to stop them trying to milk every last cent they can from bloggers who may not know any better, and like the music and movie industry before them, they will attempt to pick off blogs one by one with legal threats. Internecine warfare perhaps?

Could it also be the last throws of an empire of news exclusivity that stands on the precipice of defeat? Perhaps not into oblivion in a Battle of the Bulge, but more along the lines of the The Second Battle of the Somme? I don’t subscribe to the mainstream media will die meme that is often a popular call in some blogging circles, but there’s little doubt, proven by evidence that the mainstream media has entered a period of contraction in the English speaking world, a contraction of which at the moment knows no end.

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YouTomb

When a copy infringement falls in the Web forest, does it make a sound? Now it does, thanks to YouTomb, which tracks YouTube take-downs, kinda like an info control zeitgeist reader. There’s even a stats page to monitor the biggest control freaks.

YouTomb:

YouTomb is a research project of MIT Free Culture. The purpose of the project is to investigate what kind of videos are subject to takedown notices due to allegations of copyright infringement with particular emphasis on those for which the takedown may be mistaken. Although our initial focus is on videos hosted by YouTube, we are interested in other video collections as well.

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Expressing freedom

Looks like a great doc and book on copyright, Freedom of Expression.

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The mother of intervention

Zappapixled
Zappa pixelated

In Germany the Zappa estate is suing the Arf Society– producers of Zappanale, a three day tribute festival that features cover bands and “Zappa-esque rock”– for trademark infringement. Spiegel Online sums up the paradox:
Mother of Intervention: Zappa Festival Defends Itself from … Zappa - International - SPIEGEL ONLINE - News:

In the end, it all depends on how you define Frank Zappa. Either the outspoken rock legend was a beacon of freedom and independence belonging to all who hoped for a better political future free from pervasive government interference or he was an awe-inspiringly multifaceted musician whose unique sound and one-of-a-kind presentation is what keeps people listening today.

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RIAA losing culture war, gets more sociopathic

Riaa

OK, let’s get one thing straight, the RIAA represents the true counterculture. They have their heads so far up their paradigmatic arse that they are now promoting shrill profiling that equates music piracy sd being a gateway to terrorism. With this kind of logic, half the population will end up in Guantanamo Bay. See the video linked below and pity the fools.

RIAA: Murderers, Terrorists, And Other Criminal Minds May Be Graduating To Pirating Music:

Yesterday the RIAA-produced video In Trial, which covers the societal dangers of music piracy, made its way out to torrent sites, and among its contents are instructions on how to get RIAA investigators qualified as expert witnesses, a guide to identifying pirated CDs, and the above bit, about the links between people who profit from pirated music and people who deal weapons, populate terror cells, and murder their fellow man for sport. Surely I’m not the only person who thinks that this particular bit on the “kill ‘em all” impulses of miscreants dealing in fifth-generation copies of Graduation would hit home a little more effectively if it were accompanied by a bangin’ soundtrack?

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The new public domain

I stumbled upon this nice little documentary on Creative Commons and Lawrence Lessig. Watch it before the next corporate take down!

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Here we go again

To paraphrase Charlie Brown: “AAAAAUUUUUUUGH!”

Publishers Join Case Against YouTube - The Huffington Post:

A group of music publishing companies said Monday it is joining a copyright infringement lawsuit against Google Inc.’s video-sharing site YouTube.

The National Music Publishers’ Association said it was joining the lawsuit out of concern that many songwriters weren’t receiving proper compensation when their music appeared on YouTube videos.

The lawsuit also includes as plaintiffs The Football Association Premier League and Viacom Inc., a media company that owns MTV, Paramount Pictures, Nickelodeon and Comedy Central.

The plaintiffs say YouTube is breaking the law by hosting video clips that they hold the copyrights to. However, YouTube says it’s complying with the law by immediately taking down any clips found to be violating copyrights after receiving notification.

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Will mashups become thought crime?

As mashups become the dominant aesthetics of our time (people act like this is such a new thing, but punks and hip hoppers, please pat yourselves on the back, were doing it long before YouTube, not to mention Dada), it is ironic that corporate “take-downs” are beginning to proliferate the Web. Ultimately this will bite them in the arse, just as the RIAA is doing so by suing music customers. The Center for Social Media is now launching a big research project on the subject. The video link above is a good overview of some the reasons why this is such an important topic for concern.

Remix Culture — Videos — Center for Social Media:

There is a ton of new creativity in the user generated space, and much of it builds on unauthorized uses of copyrighted material. In this new era of participatory media, where should we draw the line between infringement and fair use? Take a look at our new video, highlighting some of the ways that existing content is being repurposed. This video is designed to provoke discussion, so please share your thoughts with us on our blog. To download a quicktime version of this video right click here.

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Bound by law

Boundbylaw

Watch out! A comic super hero who battles copyright.

CSPD Comics:

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. This book is available under a Creative Commons Attribution-NonCommercial-ShareAlike license.

You can view a free digital version here.

Or buy it from Amazon.

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Can technology kill fair use? Or, those darned algorithms!

You may have seen the above video which cleverly uses Disney clips to describe the complexities of fair use law, a tool that enables media critics and audiences to quote and comment upon existing copyrighted material. The article below describes a new technology being developed in partnership between Disney, Time Warner and YouTube/Google to embed video with some kind of finger printing to detect copyright violations on uploaded video. The problem I have with these kind of algorithms is that they are completely insensitive to context. I fear a video like the above would simply be flagged and removed for violations without the subtle interpretation the law requires. I think this is a scary development so I hope hackers find a way to destroy it.

YouTube to test video ID with Time Warner, Disney | Reuters:

The technology, developed by engineers at YouTube-owner Google Inc. (GOOG.O: Quote, Profile, Research), will help content owners such as movie and TV studios identify videos uploaded to the site without the copyright owner’s permission, legal, marketing and strategy executives at YouTube told Reuters in an interview on Monday.

The so-called video fingerprinting tools, which identify unique attributes in the video clips, will be available for testing in about a month, a YouTube executive said.

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Geek actvism

A hacker manifesto:

Science Addiction » 95 Theses of Geek Activism:

1. Reclaim the term ‘hacker’. If you tinker with electronics, you are a hacker. If you use things in more ways than intended by the manufacturer, you are a hacker. If you build things out of strange, unexpected parts, you are a hacker. Reclaim the term.
2. Violating a license agreement is not theft.
3. All corporations are not on your side.
4. Keep in touch with everyone you can vote for and make sure you know where they stand on the issues you care about.
5. More importantly, make sure they know where you stand on the issues you care about.
6. Everything will enter the public domain some day- even Mickey Mouse.
7. Read the original 95 theses. Yes, they are irrelevant to these causes. Yes, they are religious- and not even close to my religion. And yes, they are 500 years old. But they do demonstrate how stating your beliefs clearly, effectively and publicly to challenge the status quo can change the world. Of course, I have no delusions of grandeur!
8. Use TOR for privacy and anonymity.
9. Trusted computers must not be trusted.
10. Democrats may seem to be on your side, but keep an eye on them. They may only be the lesser of two evils.

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