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For large content holders, copyright is… They believe copyright policy can protect them from collapsing business models.

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Presentation on theme: "For large content holders, copyright is… They believe copyright policy can protect them from collapsing business models."— Presentation transcript:

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3 For large content holders, copyright is…

4 They believe copyright policy can protect them from collapsing business models.

5 Some kinds of MSM are on life support.

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8 The resulting categories of practice were deliberately designed to be familiar to people more rooted in the analog media and meatspace world, and to refer back to legal precedent on other kinds of media. Google immediately funded the making of a video about the Code, to be posted to YouTube and other sites.

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11 We have also seen resistance to the expansion of fair use from the copyleft.

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15 Creative Commons offers ever-growing bodies of free-to-use material in a noncommercial context.

16 Pranksterism, a “weapon of the weak,” mocks strong copyright and strong trademark, but confuses the two and creates the impression that all one can do is be the clown.

17 Protest and civil disobedience is also popular on the copyleft, but this also leads to the impression that one must self-criminalize to act.

18 The most charismatic spokesperson on the copyleft has been Larry Lessig, who constantly reiterates that fair use is too small an escape hatch and unworkable; he hopes instead to mobilize a massive citizens’ campaign to rewrite copyright law.

19 The most charismatic spokesperson on the copyleft has been Larry Lessig, who constantly reiterates that fair use is too small an escape hatch and unworkable; he hopes instead to mobilize a massive citizens’ campaign to rewrite copyright law.

20 The most charismatic spokesperson on the copyleft has been Larry Lessig, who constantly reiterates that fair use is too small an escape hatch and unworkable; he hopes instead to mobilize a massive citizens’ campaign to rewrite copyright law.

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23 The copyrightists and copyleftists share some rhetorical and ideological tropes.

24 MORAL panic slide

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26 What is the purpose of copyright?

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32 Fair use and copyright exemptions generally are escape hatches to the owner’s monopoly in copyright.

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36 The best practices in fair use project works because it conforms to current judicial interpretation which asks these three questions.

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38 Individuals need to take refuge within communal expressions of appropriate fair use intepretation, within their community of practice.

39 Centerforsocialmedia.org/fairuse

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42 Documentary filmmakers defined their problems with using copyrighted material, and discovered manifest self-censorship.

43 They designed a code of best practices in fair use, through their five national organizations.

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45 Teachers came to us because they had a common problem whenever they taught using popular culture, and especially when they taught “media literacy”—criticism and analysis of popular culture. Once again we conducted research, and discovered teachers were overcomplying, avoiding teaching with this material when they used it, closed the classroom door and swore their students to secrecy. Used bad or inadequate material, e.g. making up their own ads to simulate common advertising. They too worked through their organizations to determine norms of interpretation, and again a legal advisory board looked over their work. The Ford Foundation paid for this.

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47 When YouTube was bought by Google, Viacom sued YouTube for copyright infringement. Free speech advocates were concerned that any settlement could preclude fair use. We worked with Ford Foundation money to conduct research to identify the actual practices on online video sites of makers who use old work to make new work (e.g. mashups, fan videos, vids, remixes, recuperated video, material posted as an example of an issue that the poster wants to discuss). We found nine kinds of common uses. But there was no reachable “community” to convene through associations. We then convened electronically a group divided into fair use-friendly lawyers and DIY/new media/fan culture cultural studies experts, to construct a code of best practices. They worked over four months to establish a common understanding of 1) current practices 2) legally viable ways to phrase these practices 3) limits of fair use for these practices.

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50 Other groups are now developing and have developed codes of best practices in fair use. In each case, it changes practice. Fair use has become important in business, as codes of best practices become guides to more rationale business practices.

51 Other groups are now developing and have developed codes of best practices in fair use. In each case, it changes practice. Fair use has become important in business, as codes of best practices become guides to more rationale business practices. (associan of college and research research libraries,

52 What is the purpose of copyright?

53 They designed a code of best practices in fair use, through their five national organizations.

54 There are growing constituencies

55 There are growing constituencies

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