comm 271 quiz 3
Exception to copyright
Fair Use
Two Categories of Intellectual Property
Industrial Property and Copyright
Fair Use
"The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission." -- U.S. Copyright Office - There is no set rule on Fair Use but there are guidelines
Multimedia Moment: 10 Hours of Walking in NYC as a Woman
- 23.5 million views as of noon Friday, 39 million now - Street harassment - overnight sensation - 10 hours of walking in NYC - from sexual harassment focus to minorities; racial bias discussion, unintended discussion - wildly successful, yet very unsuccessful, - Go Pro in backpack, Rob Bliss - Solution: do it longer to get actual representation
Creative Commons
- A system to let people decide when and how to share their intellectual property online -- Unlimited -- Non-Commercial -- Commercial - Must make sure you are within their creative commons licensing rules
Comics and Animation example #1
- An introduction to comics journalism in the form of comics journalism by Dan Archer, a comic journalist and recent John S. Knight fellow - He argues that what he's doing has the same ethical standards of photographers - Reputation to not alter facts —> important to him to be seen as objective reporter that happens to be using a pen - Objective reporting, does not alter the facts -- interviews -- oral testimonies -- visual explainers -- drawing "objectively" -- narrative data visualization
"Protecting" the audience: Boston Globe
- Boston Globe decided some of John's pics were too horrific - the NY Post grabbed a pic of some possible suspects; trying to protect their selves by being somewhat vague with photo
Breaking News: Taking the Long View - John Tlumacki follows mom and daughter Celeste and Sydney
- Celeste (mom) lost both legs in the bombing, Sydney was also very injured - CNN called John and said to go talk to Sydney and Celeste about bombing in the hospital - John and the survivors found it therapeutic to meet again - John on being named large market photographer of the year "it's not about the photographs... to me its about the people that i photographed" - "Globe photographer John Tlumacki met Marathon bomb survivor Nicole Gross in her hospital room. "If i didn't see you, it would just not feel as complete," Gross told Tlumacki, her eyes filled with tears. "It's kind of full circle at this point"
Comics and animation example #2
- Comics can be scaled to book length as Derf Backderf did in the nonfiction graphic novel My Friend Dahmer - Jeffery Dahmer (serial killer) Derf was the president of the Jeffery Dahmer fan club in middle school. Told the story in a book
President Obama Meets Nina Pham
- Governmental transparency - Digital Video recorders and social media changing government news over time - EX: Ebola sent out on Twitter, other guests there showing that abeam wanted this information published
REVIEW: Kim Kingsley - chief operating officer from Politico
- Have a plan, but don't say no to opportunities - Employers pay attention to people who accept challenges. They hire people who are passionate about doing good work - Politico has a clearly defined audience. "We're writing for the decision-makers of the country" (not only writing for political junkies) - Politico was founded as a digital media business, but makes most of its revenue from a weekly print product for now -- Advocacy ads (ex: big image of Gulf oil spill on front page—> try to influence legislators) - Find a mentor and learn from that person - Don't burn bridges "life is long and the world is small" - Play to your strengths- "be your most authentic self" - Stand up for yourself (especially women) and negotiate fair compensation
Comics and animation example #3
- Humanizing a story in which you cant show the people, California Watch's Broken Shield project - VIDEO: In Jennifer's Room —> illustrates story through series of drawings; added innocent sounding music -- Family willing to be interviewed but not identified by name or voice; illustrated the story with drawing and added a really innocent voice. This set the standard for this type of reporting. (Jennifer's Room) -- Jennifer had severe mental retardation and bipolar disorder. Was moved to group homes and rehab centers. Her mother occasionally took her home on weekends. Voice actor read her mothers statements -- Jennifer often has bruises, (showing this through drawings). The mother wanted to know what was causing the bruises. She has bite marks and hand mark bruises on her breasts. The mother opened a police investigation, nothing happened -- Her daughter was pregnant. Within the week several doctors left. It was clear that she became pregnant when in the center -- A janitor was the alleged rapist, he left the country soon after. DNA samples never tested, case closed. Essentially they did nothing, wouldn't let her go home with her mother after she gave birth -- Powerful story, found a way to tell through animation
Comics and animation example #5
- Illustrating radio StoryCorp's John and Joe - takes an audio story by creating a video animation version of it
Copyright
- Includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs - Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs -- World Intellectual Property Organization - Form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. -- U.S. Copyright Office
Multimedia Moment: Why we need professional visual Journalists (NPPA)
- John Tlumacki (known for photos from Boston Bombing) - difference between having a pro journalist at the scene and an amateur journalist - photographers, artists, etc. are losing jobs by big media corps - The Harold has seen a smaller loss of readership than a lot of other newspapers its size --> they use many photos -- highest rated, most memorable photos and well developed captions taken by pro journalists -- storytelling is key to quality photos (showed emotion, interaction, etc.) -- value of professional visual journalists
Copyright: The Cool Hunter
- Links to products of images that you an buy but he doesn't own them - photographers sued him but he ignored them, eventually this website was forced out of business
Kim Kingsley, cont.
- News junkie: decided to be a writer for broadcast journalism - John Sanchez' class: first day opened the opportunity for two radio internships at WTOP in Washington DC - Did a series on ecstasy at the internship -- Georgetown apartments, hung out with a group of ppl on ecstasy for a night to record natural sound -- incredible coverage: decided to put her on a team to report the whole series -- produced the series and won a ton of awards -- all bc she raised her hand - wanted to be a TV reporter and ended up starting in radio -- be flexible - got a job as the executive producer of morning programming at WTOP
REVIEW: John Affleck - Knight professor of sports journalism
- Often more reader and subject (player) PASSION than news - YOUNGER consumers are looking for INNOVATIVE reporting. Reporters have to be willing to tell stories in NEW ways and in the BEST way possible for the material - A natural soap opera where bringing PERSONALITY to the story adds value. But, ETHICS DON'T CHANGE - Now you update from the sidelines on your phone, use twitter, get in locker room get quotes, write second version of the story. -Use social media to see what players and fans are talking about a much more broad spectrum
The fallout of the UVA rape story
- Phi Kappa Psi was closed, vandalized, and now reinstated - Rolling Stone's repudiation of the main narrative in "A Rape on Campus" is a story of journalistic failure that was unavoidable. the failure encompassed reporting, editing, editorial supervision and fact-checking - the magazine set aside or rationalized as unnecessary essential practices of reporting that, if pursued, would likely have left the magazines editors to reconsider publishing Jackie's narrative so prominently, if at all - social scientists, psychologists and trauma specialists who support rape survivors have impressed upon journalists the need to respect the autonomy of victims, to avoid re-traumitizing them and to understand that rape survivors are as reliable in their testimony as other crime victims - these insights clearly influenced Erdely, Woods and Dana
Fair Use for artists "inspired" by the work of others -- the new artwork must be transformative - example: Andy Warhol (TRANSFORMATIVE)
- Photo of Marilyn Monroe in Life Magazine (Re-colored the image) -- Transformative comment because to Warhol, the definition of fame was when someone made it to Life magazine. Definite reason to use the photo
Multimedia Moment: Conflict Kitchen
- Place in Pittsburgh that serves food from countries the US is in conflict with right now - wants to spark conversation and discussion - want to be a daily reminder of the place we don't necessarily think about on a daily basis
What does copyright protect and not protect?
- Protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. -- U.S. Copyright Office - Does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. -- U.S. Copyright Office - Unless you choose to give away your work, people must pay to use your intellectual property, and you must pay to use other people's intellectual property
Politicians have figured out how to bypass the media too
- Reagan hired presidential photographer (Pete Souza) to show he had nothing to hide - Souza did such a good job, he is now working for Obama - having full access to president is a big deal - stuff that doesn't get shown -- when people fall and stumble -- people don't know because no one is behind the scenes
Rolling Stone Meltdown
- STORY: A rape on campus, a brutal assault and struggle for justice at UVA by Sabrina Rubin Erdely - Rolling Stone and UVA: The Columbia University Graduate School of Journalism Report/ An anatomy of Journalistic Failure - the online story ultimately attracted more than 2.7 million views, more than any other feature not about a celebrity that the magazine had ever published - Jackie (the one who got raped) says when she asked why UVA's rape stats were so hard to find, [Dean Nicole Eramo, head of UVA's Sexual Misconduct Board] said, "Bc nobody wants to send their daughter to the rape school." - statement by reporter Sabrina Rubin Erdely -- it was a brutal and humbling experience -- it was her fault but most so the editor's fault
Fair Use for artists "inspired" by the work of others -- the new artwork must be transformative - example: Shepard Fairey (DERIVATIVE)
- Shepard Fairey used a photo by the Associated Press -- Red, white and blue Hope Campaign photo of Obama -- Wasn't protected in court because it was not transformative -- Didn't really have a reason to use that specific photo—not making an artistic comment on the image
Comics and animation example #4
- Simplifying a complex explanation: what IS the Higgs Boson "minute physics NYT" -- interactive --> animated panels to get through the info -- using a visual metaphor to understand the info -- Chasing the Higgs Boson (NYT)
Danielle Smith, family photo
- St. Louis posted a portrait of her family on her blog and Facebook, she put the full resolution photo online - family photo was used in ads in Prague and other countries, but no one got paid
Alexia Foundation Photo
- Stolen -- When the 300 girls were kidnapped, a person stole the image, added a teardrop and added text - The girl had nothing to do with the story - Became an internet meme - Ami Vitale lost the copyright control of her images because they were shared so much - Her photos would be stolen so much she wouldn't be able to prove she was the creator of the image - Was not able to protect the subjects of the photos because she could not control how the photos were being shared
Kim Kingsley, cont, Washington Post:
- Tina reached out to Kim, no resume submitted, no further communication, she just called one day - took Washington Post work and pitched it to major TV news stations - became a PR person for Washington Post - "PR ppl are helping out reporters on the news" - helped out White House reporter with publishing intriguing political stories - didn't plan anything out, just said yes to everything - the best way to go is listen and create relationships - TV and radio projects pitching - Where she met the man who created Politico
Documenting violence: raw video by Steve Silva
- What the Boston Globe looked like in real time; raw video by Steve Silva (inexperienced visual journalist) -- trying to create longer tail -- put time stamp on video and asked people to identify their selves and explain emotions -- both journalists (John and Steve) got completely different sets of visuals - experienced journalists have done this multiple times and can dive in and cover the event and capture images while unexperienced journalists (Steve) are in shock and not able to cover images before they are gone
Using detail to tell stories: Crows
- When everyone has a story, how do you choose detail? - Ms. Joy Sacopulos (the old lady) who shot a pistol at the crows so she can get on with her gardening - starting point: author Dan Barry's main character - The 3 stories used in this piece: -- Joy Sacopulos: car so covered in droppings you had to stick your head out of the window to drive -- Union Hosptial: spent more than $100,000 to clean the parking lot -- Clabber Girl baking powder company: a crew shoveled 2 tons (4,000 lbs) of crow droppings off the roof of a building
Is street harassment really a problem?
- Woman interviewed people all over the country 80-100% of women believe this is a problem. - Harassment is practically unavoidable. - 1 in 10 women changed jobs because they were being harassed on the way to work
Multimedia Moment: Audio Vision/ Whale Warehouse
- a southern California public radio station experiments with marrying the best of podcast and video storytelling - humans as hoarders, save all kinds of things - the Whale Warehouse saves: library of specimens, organized by time periods, oversized collection of mammals that don fit in the museum - Audio vision: 2 hosts having convo with each other (like podcast) but also has a lot of visuals throughout too
Using detail to tell stories: Animals in Janesville
- author Chris Johns "I wanted to know what it was like to be a SMALL TOWN OHIO COP creeping through the woods, with night falling and a storm blowing in, looking for TIGERS" - about a zoo animal escape, with an elementary school across the street - a big cat will eat as much as fifteen pounds of meat in a single seating - in the end eighteen tigers were killed, 2 wolves, bears, one monkey, one baboon, eight lionesses, six black bears, nine male lions, three mountain lions
The need for editors
- being hard-nosed isn't easy, but it EARNS CREDIBILITY, a lesson learned by Sara Ganim, who won the Pulitzer Prize for her coverage of the Jerry Sandusky case - Case takeaways: -- the more sensitive the subject, the more important it is to do FACE-TO-FACE INTERVIEWS -- editors should always ask how do we know this and why is this person telling us about it (SOURCE and MOTIVATION) -- a good editor is more than an ENABLER. a great editor asks tough questions, not to be a jerk, but because it is IMPORTANT OT GET THE STORY RIGHT -- multimedia can help. AUDIO is good. VIDEO is better. - what you can do: the best way to become a better journalist is to SEEK OUT GOOD EDITORS
Alternative Story-telling: Installment Narrative (think Serial)
- comics and animation are all strategies that are becoming a part of journalism
SPEAKER, John Affleck - one thing media companies have struggled with
- everyone wants to be on twitter because of brand, but that doesn't actually make you any money -- copy and paste twitter feed and post it onto storify, can make money now
Human Rights Watch: Child Labor Immigration
- good for the org because used to have to go through 60 Minutes but now can just post it - people who do these videos are looking for a journalistic style of reporting because THE MORE IT APPEARS TO BE OBJECTIVE, THE MORE EFFECTIVE IT IS - includes the children as well as human right employees - can't guarantee its not objective and representative of entire society: this org has a very specific point of view - wants to appear to be objective
Kim Kingsley, cont, advice:
- have a mentor - give back to people who are younger than you - "Life is long and the world is small" - Mike Allen - Don't burn bridges -Be your most authentic self - Women mores than guys have self-doubt
Santiago Lyon
- hypocritical defiance principles of openness and transparency - only see good stuff of president, idealized - people should be able to see the bad as well - propaganda - making photos for word not ht audience
Myth: if it's on the internet, anyone can use it
- if the product is copyrighted you can't use it without permission - twitter: copyrighted images can't be used. it can be retweeted though - music: if you're using a song you must pay for it
Lessons from Karen Kasumauski who received a Getty's grant to make photographs for "Save our Cumberland Mountains":
- is this journalism? - photographer for org she supported - working for non profit is fundamentally different than working for news - working to support word rather than working objectively - be clear going in about who own the work and how it will be used - your work has value, don't give it away -- you don't get to write it off for the value of the work, you can only write it off for the materials you used to make that work- mileage, value of a SDHC card, but the work is worth so much more -- if you really want to donate, you should charge them then donate back, then you can write off the donation -- if you're just starting out and don't have a portfolio and are looking for access, then its not bad to volunteer time
Multimedia moment - Journalism 101: Good reporters need good editors- Folkenflik (audio)- "Systematic falling"
- media critic from NPR about report on retracted "Rolling Stone" campus rape story - Report by Columbia University Graduate School of Journalism say the 2014 article on campus rape involved errors made at "every level of the newsroom" - they didn't verify and depended on only one source
Kim Kingsley, cont, Politico:
- only for total political junkies - started as media director - media goal: dominate political news in Washington - cover politics and policy - started out as a digital news business and became a newspaper -- audience wanted a newspaper - "Don't burn bridges"
When should journalists have access?
- public vs. private moments - the gotcha factor is greater than ever - American politics: everything is recorded now, politicians must control image at all times
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use:
- quotation of excerpts in a review or criticism for purposes of illustration or comment - quotation of short passages in a scholarly or technical work, for illustration or clarification of author's observations - use in a parody of some of the content of the work parodied - summary of an address or article, with brief quotations, in a news report - reproduction by a library of a portion of a work to replace part of a damaged copy - reproduction by a teacher or student of a small part of a work to illustrate a lesson - reproduction of a work in legislative or judicial proceedings or reports - incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.
Sabrina Rubin Erdely, was seduced by an untrustworthy source
- she was looking for a single character with an emblematic story that would speak to - in her words - the "pervasive culture of sexual harassment/rape culture" on college campuses - journalists are often driven to cover atrocities and personal traumas by the best intentions, chiefly the desire to right wrongs and shed light on injustice - in a word, empathy - it is a noble impulse that animates a lot of important and courageous reporting. but empathy can also be a source of vulnerability for journalists, lowering their defenses against bad information
SPEAKER, John Affleck - what distinguishes sports from news?
- sports is a younger audience - why do people watch sports: care about participants, competition - READER PASSION: people care and know a ton about sports - A NATURAL SOAP OPERA: important to the audience
SPEAKER, John Affleck - other multimedia advantages of sports
- sports writers have personalities - not afraid to play: tell it like it is, poke fun sometimes
Recommendations based on UVA Rape story
- stronger policy and clearer staff understanding in at least 3 areas might have changed the final outcome: -- Pseudonyms -- Checking Derogatory Info -- Confronting Subjects with Details - for journalists reporting on campus rape: -- balancing sensitivity to victims and the demands of verification -- corroborating survivor accounts -- holding institutions to account
Matt Baker- Won Curley Center Award: covering youth sports in Tampa Bay, Northwestern grad
- talks about the bigger push for video, advertisers want people to see their stuff and a great way to see that is an ad that goes before a video - talks about who he reports, video+write down what happens... capable of making a game story and a video - how he developed the skills to do both video and writing: practice practice practice - was taught to catch a game from a press box, but then when we came down to Tampa Bay times they encourage you to report from the sidelines. if you miss a play someone can clarify and fact check - interactive graphics get views-stats - he tweets constantly-his bosses and coworkers can figure out if they need to aggregate it, make money by putting it on website - be able to adapt, what you learn now will be different in a few years
The sports experience with multimedia tells us a few things:
- telling a story entertainingly will always be valuable - as with sports in print and, still, on TV, we need diverse voices: in race and gender
How could the filmmaker have avoided the skewed racial aspect of the video "10 hours of walking in NYC as a woman"?
- test in front of diverse audience, experienced editor in addition to videographer, do additional filming in white neighborhood
The Reality of Breaking News
- the closer the incident the more sensitive the audience - much more difficult for mainstream media to control the tone and content of the story. journalists have to make a tough choice between being too sensitive and too protective
Famous picture from Ground Zero taken by Thomas E. Franklin
- the picture depicts three New York City firefighters hoisting an American flag among the rubble at the World Trade Center - it's a famous image because everyone stole it - it's on snow globes, pocket knives, and more - Tom Franklin sued but then donated the money to charity - Sarah Palin slapped with lawsuit for using iconic 9/11 photo on her Facebook page without permission -- The NJMG federal suit says that by using the picture 'to promote Sarah Palin and to raise money for SarahPAC' the 2008 vice-presidential candidate has 'irreparably damaged' the newspaper company. -- The photo was pulled from Pain's Facebook page
The business model for traditional journalism has been disrupted by innovation of many fronts including:
- the transition of mass market audiences to be fragmented niche audiences that are reached more efficiently by digital media - advertising has been affected the same way, with advertising being targeted at both national and niche audiences - Regional advertising is disappearing - journalists are no longer the gatekeepers of information -- UGC, Citizen journalists, people sharing info on social media
SPEAKER, John Affleck - history
- to understand importance in the industry we have to go back in time - 1993: there was NFL, NBA, there was not MLS there was not WNBA no Pinstripe Bowl, no ESPN news, there was ESPN 2 (Oct 1993) - 1993: moment when we started to go bigger, appetite for sports in this country - about 20 new football bowl games since 1993
Multimedia Moment: A fire in Greenwich Village, and new technology helped in the coverage (video NYT)
- video made up of content from mostly citizen reporters - the fire was caused by a gas related explosion according to Bill de Blasio - Meerkat and Periscope were used to live stream video through Twitter
SPEAKER, John Affleck - the point
- why sports was/ is primed to lead traditional media into the age of multimedia - the importance of becoming familiar with some basic apps - the life of a young sports reporter in terms of how he uses various platforms to his job - the career/ financial reasons for your sports APPtitude matters
SPEAKER, John Affleck - what was missing in sports media?
- widespread internet usage ( 1 mil users in '92. Today there are 1 mil apps) - social media (facebook 2004, twitter 2006, snapchat 2011) - ESPN 2, 1993 - Golf Channel, 1995 - Speed, 1995 - Fox Soccer, 1997
SPEAKER, John Affleck - Storify: Aggregator
- you can take a story from somewhere, arrange in a pleasing matter - type in a subject, type the format of the material you want -- ex. Lebron James, Twitter -- arrange tweets in a pleasing matter to tell the story -- journalist becomes the editor -- capture highlights without having to click off the page
Guest: Kim Kingsley, chief operating officer for Politico: background info
-f rom Scranton PA, Graduate from PSU in 2002, extended stay to study abroad in West Africa, Worthington campus first before main campus
Intellectual property
Creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs used in commerce -- World Intellectual Property Organization
If a person claiming fair use of another person's intellectual property has a strong argument for fair use, including extensive legal precedent, they cannot be used: T/F?
FALSE. You should take into account if you can afford to be sued
Why was John Tlumacki's motivation to run toward the Bostom Marathon bomb blast, rather than away to safety?
He ran forward because he knew the bombing was important news and he wanted to document the aftermath while he still had access to the scene
Why did producers who made the Jennifer's Room video for California Watch choose to use a voice actor and animation to tell the story?
Jennifer's family wanted to tell their story but they did not want to go on camera and be identified
"A Rape on Campus" falls into a third category:
Lack of Skepticism
Myth: Acknowledgment of the source makes using something okay
Must still have licensing to it
You hear a piece of music online that you would like to use in a video story. What rules apply to using the song?
To legally use the song, you must negotiate rights with the songwriter, the performer and the company that published the song
The reason for creating the viral video "10 hours of walking in NYC as a woman" was to shine a light on what type of behavior?
To show how common and creepy it is for men to make catcalls as a normal woman walks the streets of NYC
If an aggregator republishes your entire story, then links to it, how are you damaged?
You don't make any money on the story because the aggregator isn't paying for the content
"My Friend Dahmer" is what?
a nonfiction graphic novel
SPEAKER, John Affleck - Videolicious
allows you to create a very quick video/ photos that you can update to your newsroom (ex: useful when reporting high school sports, when news orgs aren't going to be there filming)
Bypassing the media
not only can anyone do work like a journalist, they can also reach an audience without journalist being a filter
Industrial Property
includes inventions (patents), trademarks, industrial designs, and geographic indications of source
Protection
legal resource, you can sue to prevent them from using your property... copyright protects the manifestation of the idea, the actual writing
SPEAKER, John Affleck - Scribble Live
live blogging
SPEAKER, John Affleck - New media: innovative reporting
new in the social media realm, anything that is not traditional typing/ taking pictures
Fair Use is a concept based on English common law that allows one person to use a portion of another person under certain conditions:
the US copyright office has issued a set of guidelines that help define when an argument is fair
How did StoryCorps modify the radio story "John and Joe" to bring it to a wider audience?
they animated the radio story and made it into a video that could be shared on Youtube