1. Brain Games, Understanding Interactivity & Freedom of Thought in a Post-Snowden World
Legal Constraints on (Digital) Creativity
Class 2 – Creative Models & Community Constraints
UBC Allard Hall
Jon Festinger Q.C.
Centre for Digital Media
Festinger Law & Strategy
@gamebizlaw

2. SECTION A
Locating some of our beliefs around (digital) creativity Who are you? What do you believe? Are they the same?
Carl Jung

3. Please Self Identify
CREATOR or
CONNECTOR

4. Who is a CREATOR?
“The creative is the place where no one else has ever been. You have to leave the city of your comfort and go into the wilderness of your intuition. What you’ll discover will be wonderful. What you’ll discover is yourself.”

5. Who is a CONNECTOR?
“Creativity is just connecting things. When you ask creative people how they did something, they feel a little guilty because they didn't really do it, they just saw something. It seemed obvious to them after a while. That's because they were able to connect experiences they've had and synthesize new things.”

6. “Connecting”(remixing)
*“If you wish to make an apple pie from scratch, you must first invent the universe.” – Carl Sagan
* “Creativity is just connecting things. When you ask creative people how
they did something, they feel a little guilty because they didn't really do it, they
just saw something. It seemed obvious to them after a while. That's because
they were able to connect experiences they've had and synthesize new things.”
Steve Jobs in a Wired Magazine interview (Feb. 1996)
* “Creativity is contagious. Pass it on.” – Albert Einstein
* “All Creative Work is Derivative” – Nina Paley
* “The great driver of scientific and technological innovation [in the last 600 years has been] the increase in our ability to reach out and exchange ideas with other people, and to borrow other people’s hunches and combine them with our hunches and turn them into something new.” – Steven Johnson “Where Good Ideas Come From: The Natural History of Innovation”

7. Creating (The “Unique Gift”)
* “The creative is the place where no one else has ever been. You have to leave the city of your comfort and go into the wilderness of your intuition. What you’ll discover will be wonderful. What you’ll discover is yourself.”
* Personal creation mythology deeply rooted in our psyches’: “And G-d said: ‘Let us make man in our image, after our likeness;”(Genesis, Chap. 1 Verse 26)
* View of creativity as uniquely personal (or not) impacts beliefs about copyright & IP (e.g. film & music business – T.V. more flexible?) – consequences of “specialness”

8. The Result?
* Role and consequences of IP law aligning along according to personal belief: Do Copyright literalists’ adopt “self” generated model of creativity? Do “Connection-ists” adopt open source model? * the “Hollywood Model” v. the “Remix Model”

9. SECTION B
The Bridge Between Copyright & Creative Freedom

14. Do We Need Copyright?

15. Next Week’s Answer?

16. SECTION C
The Bridge Between Creative Freedom & Interconnected Media (the “Digital Net”) ?????

18. Thesis: Human dominion is due to…
Humans are the only animals that can co-operate in a flexible and sophisticated way in very large numbers + Humans are the only animals that believe in things that exist only in our imagination (e.g. religion, nation-states, money) = Humans are the only animals that can create imagined realities together in very large numbers

19. Sounds Like…
The Internet

20. SECTION D  Creative Freedoms are Personal Freedoms (?)
The Bridge Between the “Digital Net”
&
Personal Freedoms
 Creative Freedoms are
Personal Freedoms (?)

21. Brain Games

22. NO ONE WAY TUBE

23. Devices can read you ?

24. +(plus)

25. Big Data

28. http://www. gamesindustry

29. http://www. gamesindustry

31. If you want to read the paper…

32. http://newsoffice. mit

35. From Michio Kaku
“For the foreseeable future, the question is not whether someone will be able to read our thoughts secretly from a remote, concealed device, but whether we will willingly allow our thoughts to be recorded. What happens when some unscrupulous person gets unauthorized access to those files?... Once it becomes possible to read people’s minds and make recordings, a host of other ethical and legal questions will arise. This happens whenever any new technology is introduced…”

37. Which Brings Us To….

38. And What/Who Do You Believe?..

39. http://www. theguardian

40. & Freedom Bleeds Many Ways…

41. Query: Is all Art political?
“Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius” - Edward De Grazia
Query: Is all
Art political?

42. And Hope Comes Too…

43. And a new “old” one…

44. Charter of Rights (Canada)
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

45. The Universal Declaration of Human Rights
Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

46. Next Week

47. Always include a cat picture

48. Our Academic Partners