CTVA 315 2

Creative Commons

- non-profit, release free-of-charge licenses that allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators.

1995

- online bookstores

BLOGS

: (2005-2008) The Rise of News and Information • Huffington Post • Techcrunch • Mashable • Endgadget • Lifehacker

4 types of different content shared (p2p)

A - use sharing networks as substitutes for buying content; download instead of purchasing (worst) B - use sharing networks to sample music before buying; could increase quantity of music bought (has benefits) C - use sharing networks to get access to copyrighted content no longer sold or are too pricey to buy (has benefits) D - use sharing networks to get access to content not copyrighted or that copyright owner wants to give away (only legal 1)

Article I Section 8 US Constitution

"The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings Discoveries."

Kirby Ferguson -

"The Grey Album" is a remix. It is new media created from old media. It was made using these three techniques: copy, transform and combine. Henry Ford once said, "I invented nothing new. I simply assembled the discoveries of other men behind whom were centuries of work. Progress happens when all the factors that make for it are ready and then it is inevitable." Woody Guthrie said, "The words are the important thing. Don't worry about tunes. Take a tune, sing high when they sing low, sing fast when they sing slow, and you've got a new tune."

These differences distinguish p2p sharing from true piracy:

(1) Like the original Hollywood, p2p sharing escapes an overly controlling industry (2) Like the original recording industry, it simply exploits a new way to distribute content (3) Unlike cable TV, no one is selling the content that is shared on p2p services

Patent

(expires after 20 years) Must be novel, useful and non-obvious

current copyright law

, you automatically get a copyright, regardless of whether you comply with any formality. You don't have to register. We should require formalities, but we should establish a system that will create the incentives to minimize the burden of these formalities. The important formalities are three: o Marking copyrighted work o Registering copyrights o Renewing the claim to copyright

1999

- Borders goes bust

1993

- PDF - Portable Document Format

1996

- Traditional Newspapers go online

Home video

- generic term for pre-recorded media (originated in VHS/Betamax era and now extends to digital distribution)

What Copyright does not Protect

-Whats not fixed in tangible form -Titles,names, symbols -designs -ideas, procedures, methods, concepts o Literary works o Musical Works, including any accompanying words. o Dramatic works. Including any accompanying music o Pantomimes and choreographic works o Pictorial, graphic and sculptural works o Motion pictures and other audiovisual works o Sound recordings o Architectural works o Works not fixed in a tangible form. o Titles, Names, Short Phrases and slogans: including logos and taglines o Familiar symbols or designs o Variations of typographic ornamentation, lettering or coloring

Some of your rights that may be affected by TOS:

1 - Your photos may be for sale 2 - You may not be able to delete your account. Ever. 3 - Companies can track your web activities 4 - Your Data can be given to law enforcement without your knowledge 5 - You could be banned from filing class action suits 6 - Even if you delete a piece of content, the company may hold onto it 7 - Whether the terms are fair or not, they could change at any time

Why didn't John Else rely on "fair use" to use the Simpson's clip that was displayed on at TV on the set of his documentary film?

1) The legal reviewers for Errors and Omission insurance required for broadcast networks take dim view of "fair use," and a claim of "fair use" can grind the application process to a halt. 2) By asking Matt Groenig first, he thought he might be granted 4 seconds of use. 3) A legal colleague told him that Fox would "depose and litigate you to within an inch of your life - and they had deeper pockets 4) The question of fair use usually comes up at the end of the project, when we are up against a release deadline and out of money.

5 reasons websites need TOS/TOU

1. Disclaiming Warranties 2. Defining Permitted Conduct 3. Covering your legal Costs 4. Limiting Damages 5. Resolving Disputes

Four main areas that regulate or prevent piracy: law, norms, market, and architecture:

1. Law restrains by threatening punishment if the rules are violated (you are going to get into trouble if you copy another students paper). 2. Norms are a form of punishment carried out by the community (you get an F in your class if you get caught cheating, your peer group thinks you are a cheater). 3. The market is the classic constraint through conditions (how easy is it find another paper to copy or to cheat) 4. The architecture or how difficult is it to copy or to take. (How hard is it to cheat or to copy a paper).

"Intranet" search engines - search engines that search within the network of a particular institution

1. Provide users of that institution with better access to material from that institution 2. Are developed within businesses and universities provide protected user demographic information

GOOGLE:

2004 - this company signals an extension to its Print initiative known as the [Name] Print Library Project. Plans to digitize and make available through its Books service approximately 15 million volumes within a decade

Free Culture vs. Permissive Culture

A free culture (supports and protects creators and innovators. It does this directly by granting intellectual property rights. But it does so indirectly by limiting the reach of those rights, to guarantee that follow-on creators and innovators remain as free as possible from the control of the past) is not a culture without property, just as a free market is not a market in which everything is free. The opposite of a free culture is a "permission culture"(lawyer culture)—a culture in which creators get to create only with the permission of the powerful, or of creators from the past

Four types of file-sharing:

A. Download instead of purchase, - clearly harmful B. Download to sample prior to purchase, - illegal but beneficial C. Download out-of-print content, -illegal but harmless to artist and beneficial to society D. Download non-copyrighted or authorized content. - legal

1998 Sonny Bono Copyright Term Extension

An additional 20 years to copyright act

New format war:

Blu-Ray vs. HD DVD

Self-Publishing

Blurb, Inc. • Café Press • Create Space • Kobo Writing Life • Lulu • Scribd • File-sharing services like RapidShare and MediaFire.

Copyright Laws: Remix

Borrows heavily from an existing piece of music (possibly more than one), the issue of intellectual property becomes a concern.

Data Mining

Collecting data of consumers (Ralph's card)

three months of the date of first publication.

Copies of all works under copyright protection that have been published in the United States are required to be deposited with the Copyright Office within

Effect

Did the use harm the market for the original work? For example, would people buy this work instead of the original?

1973

Dr. Martin Cooper invents the first personal handset while working for Motorola.

EULA

End-User License Agreement (EULA) is a document associated with a standalone software program which explains the legal regulations for using the software.

NO electronic Theft ACT (NET

Eric Eldred set out to build an online library of public domain literature but this threatened to make his work a felony.

Amount Used

How much of the original work was used, and was that amount necessary?

The purpose and character of the second use:

Is it just a copy, or are you doing something different from the original work? Is your use commercial?

Sony Corporation of America Vs. Universal City Studios, Inc.

Known as the betamax case. Supreme Court ruled that videocassette recorders were not to encourage illegal copying. They were to be used for time-shifting programs. Fair use.

By "commercial culture,"

Lawrence Lessig means that part of our culture that is produced and sold or produced to be sold.

copies

Lessig - Copyright law at its core regulates something called this. Lessig - In a digital world, distributed intelligence through p2p - every single use of culture produces this

Copyright Act of 1976

Life of Author plus 50 years

Copyright Duration TODAY

Life of author plus 70 years

Jon Else

Made a film that had a 4.5 second clip of the simpsons in the background. tried to find out if he could use it but FOX wanted to charge crazy amount of money. So he talked to lawyers and found out it was fair use.

Exhibition

Makes money on concessions not movie tix

Data Management

Manage Data Assets, Coordinate Files, Data Workflow

Desktop publishing:

Mid 80's - 4 companies led the way to key technologies that, when combined, allowed graphic designers, publishers and pre-press professionals to bring the whole publishing process in-house. • Apple Computer - Macintosh and its GUI • Adobe - Postscript, Illustrator, Acrobat • Aldus _PageMaker • Hewlett-Packard - Laser Printers • Combines a personal computer and WYSIWYG page layout software to create publication documents on a computer for either large-scale publishing or small-scale local multifunction peripheral output and distribution. • Publishing methods provide more control over design, layout, and typography than word processing does • Initially used for brochures, newsletters, business cards and provided more control and lower cost prior to offset printing.

Jesse Jordan

Modified a search engine that had pictures, copies of notes, research, info pamphlets, movies, brochures, etc. Also listed music files. Sued for $15,000,000, but only had $12,000 (which he paid for a settlement) Became an activist Infringement from a search engine

MPAA

Motion Picture Association of America Trade organization that represents the major film studios

Pay walls

New business model systems to monetize online and other digital information by preventing visitors for content without having a paid subscription

Data Wrangler

On a film or television production utilizing digital cameras that are not tape based, a data wrangler is employed to manage the transfer of data from a camera to a computer and/or hard drive

New York Times Company v. Tasini 1993

Publishers infringed on freelance writers' copyrights by reproducing articles in electronic databases without explicit permission -Tasini won the case.

Distribution Types

Satellite DVD Server

Production Types

Shot Digitally Edited Digitally Mastered Digitally

Six Strikes Copyright Enforcement

Six warnings about copyright infringement, The sixth is a lawsuit

1984 - the Betamax Case

Sony Corp. of America vs. Universal City Studios Inc. A decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but is fair use.

1988

The Cellular Technology Industry Association is created and helps to make the industry into an empire. (Trade organization, a lobby group)

Fair use

The ability to use a small amount of copyrighted work without permission, but only in certain ways and in specific situations (schoolwork and education, news reporting, criticizing or commenting on something, and comedy/parody).

Motion Capture

The entering of a movement pattern into the computer.

Addiction Theory:

The idea that giving a sample "taste" of something for free so that people will be willing to pay for the same item at a later time when it is no longer free.

Performance Capture

The process by which an actor's live performance is digitally captured by computerized cameras and become a human blueprint for creating virtual characters.

Walt Disney:

To create his cartoon, Steamboat Bill, Jr.,this person borrowed the synchronized sound recording technology form The Jazz Singer, and from Buster Keaton's silent film, Steamboat Bill Jr., itself inspired by the song Steamboat Bill.

½# videotape cassette:

VHS won over Betamax- lower cost, recording time, capability with other machines, compatibility for easy transfer, brand loyalty for companies who licensed VHS

Fathers of DVD

Warren Lieberfarb (Warner Home video) Koji Hase (Toshiba)

Nature of the Original

Was the original work creative or primarily factual?

Causby brothers'

When Justice Douglas said, "Common sense revolts at the idea," he was referring to these brother's claim that public airspace be considered private property.

Lost Leader

a product sold at a low price, at or below its market cost. Stimulate other sales of more profitable goods or services.

Statutory damages

allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work, as opposed to compensation for losses, an account of profits or damages per infringing copy.

A compulsory license

allows anyone to use a copyrighted work if they pay a fee to the owner and meet certain conditions.

Space shifting: (aka place shifting)

allows media, such as music or films, which is stored on one device to be accessed from another place through another device.

Space Shifting

allows media, such as music or films, which is stored on one device to be accessed from another place through another device. frequently done through computer networks, for example by viewing a television broadcast from a WiFi equipped set-top box on a WiFi equipped notebook.

Fair Use

allows the public to use portions of copyrighted work without permission from the copyright owner.

The Statute of Anne (1710),

an act of the Parliament of Great Britain, was the first statute to provide for copyright regulated by the government and courts, rather than by private parties. Under the statute, copyright was for the first time vested in authors rather than publishers.

**End-User License Agreement (EULA) or software license agreement

is the contract between the licensor and purchaser. Essentially a TOS or TOU

Terms of Service (Terms of Use) Terms of Use and Conditions, End User License Agreement (EULA) and a disclaimer.

are rules which one must agree to abide by in order to use a service. are rules which one must agree to abide by in order to use a service. can also be merely a disclaimer, especially regarding the use of websites. • These terms have a wide range of issues: copyright notices, marketing policies of the respective company, acceptable user behavior while online, etc. • Based on the Terms of Service agreement companies can decide to restrict users' access to their services in case they violate the terms in the contract. • Having this type of document set in place for an online business is important, but there is controversy over its efficacy • Terms of Service explain things related to and set the legal relationship between the user and the services provided by various companies: 1 - Your photos may be for sale 2 - You may not be able to delete your account. Ever. 3 - Companies can track your web activities 4 - Your data can be given to law enforcement without your knowledge 5 - You could be banned from filing class action suits 6 - Even if you delete a piece of content, the company may hold onto it 7 - Whether the terms are fair or not, they could change at any time • By opting to use the online services you are interested in, you are bound to respect those regulations and in case you won't, you'll be disconnected or shut out

Marking content

clearly would simplify registration requirements. If photographs were marked by author and year, there would be little reason not to allow a photographer to reregister, for example, all photographs taken in a particular year in one quick step.

Computer copyright act 1980

defined computer program as a "set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result."

real issue of regulation

effect it has on market

ESA

entertainment Software Association

Digital Cinema

high-resolution digital format that treats video/film and audio as digital data

Digital Rights Management (DRM)

includes any scheme using technological means to control access-including viewing, copying, sharing, printing, and altering-to copyrighted digital material. usage rights include not only permissions and constraints, but also any obligations related to the transaction - i.e. permissible # of downloads in a subscription.

SOPA

includes vague definitions that could include legitimate sites: o Hosting websites such as Dropbox, MediaFire, and Rapidshare o Sites that discuss piracy such as pirate-party.us, p2pnet, Torrent Freak, torproject.org, and ZeroPaid o A broad range of sites for user-generated content, such as SoundCloud, Etsy, and Deviant Art proposed making the streaming of copyrighted works a felony. Following public outrage and an Internet "blackout" led especially by Wikipedia and Reddit, this was tabled in 2012.

Doujinshi

is a Japanese comic art that is a "copycat" variant of a more mainstream variant of manga. It is not this if it is just a copy, the artist must make a contribution to the art s/he copies

A public domain work

is a creative work that is not protected by copyright and which may be freely used by everyone.

The Copyright Office

is a service unit of the Library of Congress and part of the legislative branch of government

P2P- Napster • A peer-to-peer (P2P) network

is a system that enables Internet users through the exchange of digital files among individual computers or "peers" to: • Make files (including movies and music) stored on their computer available for copying by other users; • Search for files stored on other users' computers; and • Transfer exact copies of files from one computer to another. • itself is not illegal and may be useful for many legal purposes.

A derivative work

is a work based on or derived from one or more already existing works

A copyright notice

is an identifier placed on copies of the work to inform the world of copyright ownership: the symbol © or word "copyright (or copr.)," the name of the copyright owner, and the year of first publication

An orphan work

is copyrighted work whose owner is impossible to identify or contact.

World Intellectual Property Organization (WIPO)

is the global forum for intellectual property services, policy, information and cooperation, a self-funding agency of the United Nations, with 186 member states, established in 1967.

Second Screen

is the use of an additional monitor (e.g. tablet, smartphone) while watching television. It allows the audience to interact with what they're consuming whether it's a TV show, video game or movie.

Digital Cinema

is the use of digital technology to distribute and project films.

A copyright deposit

is usually one copy (if unpublished) or two copies (if published) of the work to be registered for copyright.

Licensing

is when a copyright owner gives permission for someone else to do something normally restricted by copyright law.

Safe Harbor

limits certain online infringement liability for Internet Service Providers (ISP's)

Digital Rights Management Examples

o A company sets its servers to block the forwarding of sensitive e-mail. o An e-book server restricts access to, copying of and printing of material based on constraints set by the copyright holder of the content. o A movie studio includes software on its DVDs that limits the number of copies a user can make to two. o A music label releases titles on a type of CD that includes bits of information intended to confuse ripping software. o All the books on your Kindle are not yours. They belong to Amazon and its content suppliers.

Works-for-hire:

o An employer or commissioning party is considered the author

According to MPAA, types of content theft include:

o Camcorder o Peer-to-Peer o Streaming o Optical Disc "bootlegging" o Theatrical Print Theft - film or digital print o Screener Theft o Signal Theft - misappropriating satellite signals o Broadcast Theft - unauthorized on-air broadcast o Illegal public performance

Both copyright and patent can be used to protect software.

o Copyright may protect the program as such, the program's literal expression and perhaps its structure, sequence and organization. o A patent may be issued on the program's innovative approach to solving a particular problem or producing a particular result in a computer-related invention. o Patent protection offers broader rights than copyright protection because a patent creates a monopoly over the ideas it covers, whereas copyright only protects the expression itself. o Copyright protection lasts longer than the greater protection granted by patents

Digital Millennium Copyright Act (DMCA)

o Designed to implement the treaties signed in December 1996 at the World Intellectual Property Organization (WIPO) Geneva conference. o Limits certain online infringement liability for Internet Service Providers (ISP's or OSP's) - Safe Harbor THIS IS INTENDED TO PROTECT A SERVICE SUCH A YOUTUBE, from being liable for illegal content that its users may post. o Criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (DRM) o Also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself o Exemption: permits a temporary reproduction of a computer program made by activating a computer in the course of maintenance or repair The DMCA created a "safe harbor" for ISPs

3 levels DRM operates on

o Establishing a copyright for a piece of content o Managing the distribution of that copyrighted content o Controlling what a consumer can do with that content once it has been distributed.

What may be copyrighted?

o Literary works o Musical Works, including any accompanying words. o Dramatic works. Including any accompanying music o Pantomimes and choreographic works o Pictorial, graphic and sculptural works o Motion pictures and other audiovisual works o Sound recordings o Architectural works

Copyright Alert System - know as "6 Strikes"

o Private system Internet service providers AT&T, Cablevision, Time Warner, Verizon and Comcast o The first and second alerts will notify ISP subscribers that their Internet account has allegedly been used for copyright infringement provide an explanation of how to avoid future offenses, as well as direct users to lawful media content site. o If the user's behavior persists, a third and fourth alert will be sent. These alerts will ask "the subscriber to acknowledge receipt" of the messages by clicking a notice. o After a fifth alert, ISPs will be allowed to take "mitigation measures" to prevent future infringement i.e. reduced speed, redirects. If the ISP did not institute a mitigation measure following the fifth alert, it must enact one after the sixth alert.

Who may copyright?

o The creator of the original expression in a work o Creators of a joint work automatically share copyright o Author/Creator's heirs o The owner of the copyright unless there is a written agreement assigning the rights to a another person or entity

4 Factors of Fair Use:

o The purpose and character of the second use: o The nature of the original: o Amount used: o Effect:

The copyright holder holds the exclusive rights to:

o To prepare derivative works o To distribute the work to the public o To perform the copyrighted work publicly o To display the copyrighted work publicly o To perform the copyright work by means of a digital audio transmission

What cannot be copyrighted?

o Works not fixed in a tangible form. o Titles, Names, Short Phrases and slogans: including logos and taglines o Familiar symbols or designs o Variations of typographic ornamentation, lettering or coloring

YouTube TOS

o YouTube removes content when they receive complete and valid removal requests o Deleting the video that received the strike will not resolve the strike o You may wait six months for the strike to expire. The strike will expire as long as you complete Copyright School and receive no additional copyright strikes during those six months. o Allows rights holders to automatically detect uploaded content that contains potentially infringing works. o Creates a digital "fingerprint" of a video when it's uploaded to YouTube o Fingerprints are automatically compared to partner-provided references o Rights holder can choose to monetize it, block it from the site or keep track of viewing metrics

Vanity press (subsidy press)

offers production services like editing, cover design and distribution services.

Trademark

protects distinctive marks, such as brand names, logos, slogans •

Anti-cybersquatting Consumer Protection Act

registering a trademarked name as a Web address in order to resell the name at a profit

RIAA Recording Industry Association o America

sued college student Jesse Jordon for violation of copyright because he built a searchable index of all the files in the Rennsalear Polytechnic Institute's network using the file sharing protocols included in Microsoft Windows. These damages permit a copyright owner to claim $150,000 per infringement. alleged more than one hundred specific copyright infringements, they therefore demanded that Jesse pay them at least $15,000,000. He settled for $12,000 the total amount of his savings for his education.

A free culture

supports and protects creators and innovators. It does this directly by granting intellectual property rights. But it does so indirectly by limiting the reach of those rights, to guarantee that follow-on creators and innovators remain as free as possible from the control of the past.

Copyright Laws: Sampling

the act of taking a portion of one sound recording and reusing it as an instrument or a sound recording in a different song or piece.

Time Shifting:

the process of recording and storing data for later viewing, listening, or reading.

"permission culture"

—a culture in which creators get to create only with the permission of the powerful, or of creators from the past."

Copyright Infringement Cases - Review the Moodle Posts for YOUR class!!

• Apple Corp. (the Beatles) v. Apple Computers (Steve Jobs) • Apple Computers v. Samsung • A&M v. Napster • Rogers v. Koons • Apple computers vs. Microsoft • Whitmill v. Warner Brothers (Tyson) • Viacom v. YouTube • AP v Shepard Fairey

ONLINE NEWSPAPERS:

• Either as a stand-alone publication or as the online version of a printed periodical. • Advertiser Supported • Free for all • Pay wall • Subscription • Going online for timely publication created more opportunities for newspapers, such as competing with broadcast journalism. • Correspondents are shooting video and writing blogs

1886: Berne Convention Berne Convention for the Protection of Literary and Artistic Works

• First convention, or treaty, to establish the recognition of copyrights between member nations. • They stipulated that each member state "would recognize as copyrighted works authored by nationals of other contracting states. • United States did not become a member until 1988 - 102 years later

Project Gutenberg

• Michael Hart (Founder) - The Purpose of Project Gutenberg is to encourage the creation and distribution of electronic books • Today offers over 45,000 free e-books, download or read online, as well as CD, DVD • Digitized and proofread with the help of thousands of volunteers

ASCII - American Standard Code for Information Interchange (early 80's)

• Only option for displaying content • Doesn't support Greek or other scholarly formats • No image formats other than ASCII art • Originally based on the English alphabet that encodes 128 specified characters - the numbers 0-9, the letters a-z, some Teletype codes and a blank space

Fair Use in Education: TEACH Act (2002) Technology, Education and Copyright Harmonization

• Permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met.

Factors of change in publishing:

• Rise of digital media and devices • Changes in media-consuming habits • Deterioration of traditional economic model

Difference between past technologies and new developments:

• The Internet and connected devices come with contracts.

Online Publishing: (online newspapers and magazines)

• WYSIWYG web design tools (Dreamweaver, GoLive) provided designers and publishers with an inroad into the once technically exclusive world of web design. • Blogs and blogging applications moved newsletter and "zine" production to the web. • E-mail - Electronic mail exchanging digital messages from an author to one or more recipients. ,across the Internet, primary communications vehicle in institutions, enterprise, small businesses, as well as community and political groups, to send e-newsletters

Copyright

• protects original, fixed intellectual property. •

The Stop Online Piracy Act, SOPA (2010)

• was the latest in a series of bills which would create a procedure for creating (and censoring) a blacklist to restrict access to websites that host or facilitate the trading of pirated content-sites considered to be "rogue" and mostly, foreign.