Copyright Part 1: Guiding Principles and Online Application
February 25
The Internet has enabled individuals to become involved in the production of media and to distribute their contributions widely at a very low cost. The former bastion of the entertainment industry is opening up to what many are calling a democratization of culture. The copyright doctrine of fair use seemingly bolsters the right to recut, reframe, and recycle previous works, but the protection fair use gives to those re-purposing copyrighted material is notoriously uncertain.
Over the next two classes, this course will take up the some of the issues related to copyright protection and enforcement online. Today’s class will focus on the legal regime of copyright: what it protects, what it doesn’t protect, and how the doctrine has transformed in light of digital reproduction and distribution.
Assignments
The first half of assignment 2 (posting your prospectus) is due before class today. Information on the assignment can be found here. Please note that we have updated the final project page's FAQ section based on some student questions that have come to us over the past week.
Readings/Watchings
- The mechanics of copyright law
- U.S. Copyright Office, Circular 1: Copyright Basics (read only Who Can Claim Copyright?, What Works Are Protected?, What is Not Protected by Copyright?, How to Secure a Copyright, and How Long Copyright Protection Endures)
- Digital applications and new challenges
- Lawrence Lessig, It is About Time: Getting Our Values around Copyright (watch first 6 minutes)
- Copyright solutions
- Creative Commons, A Shared Culture (video, watch all) and Spectrum of Rights
- U.S. Department of Commerce: Internet Policy Task Force, Copyright Policy, Creativity, and Innovation in the Digital Economy (Executive summary only)
- Maria Pallante, The Next Great Copyright Act (skim Section II (323-339) only)
- Maria Pallante is the Register of Copyrights for the United States.
Recommended Readings
- Lewis Hyde, Common As Air: Revolution, Art, and Ownership (video, watch from 2:12 to 24:37)
- Jessica Litman, The Exclusive Right to Read (introduction and Sections I and II only)
- Lawrence Lessig, Remix: Making Art and Culture Thrive in the Hybrid Economy (Introduction only)
Videos Watched in Class
Links
Class Discussion
| REMINDER |
| Your comments must be submitted before 4:00PM ET on the Tuesday we hold class in order to count for participation credit. Please see the participation policy for more information. |
This is related to an earlier class, but a great article on Wikipedia's bots has just been published on The Verge... This machine kills trolls: How Wikipedia’s robots and cyborgs snuff out vandalism --Seifip 17:53, 19 February 2014 (EST)
- What an interesting article! It seems rather shocking to me that users would protest the implementation of bots to patrol vandalism on Wikipedia. One comment cited in the article is that "Editing bots are wrong for Wikipedia, and if they allow it they are letting go of their vision of community participation in favor of the visions (or delusions) of grand technological solutions". This seems like an argument made on principle rather than for practicality's sake. Surely we benefit from these anti-vandalism bots, as Wikipedia would be worthless if people were allowed to make whatever edits they pleased, due to the proliferation of internet trolls. Castille 16:01, 24 February 2014 (EST)
Regarding Copyright laws, it seems that there are many ambiguities and potential loopholes inherent in the system. How is it acceptable for musicians to freely perform "covers" of popular songs-- oftentimes to the extent that their entire act is merely covers, such as at weddings, corporate events, restaurants, etc.-- yet plays cannot be performed live without the consent of the author/copyright holder? It is not altogether uncommon in these situations for an artist to be paid to perform someone else's work, for the purpose of entertainment. What is the difference, then, between these situations? Based on Grimmelmann's article "Why Johnny can't stream", it appears that there are is an endless string of individuals and companies finding new ways to circumvent the laws, so that new laws must be implemented. Where does this stop? Is this due to rebellion against unfair copyright restrictions, companies merely trying to exploit artists and capitalize on their work, or individuals trying to be greedy or subversive?
By the way, has anyone heard about Aereo's progress, and/or where it currently stands in the legal system? I looked it up online and it seems to be taking on members who want to pre-register for the service, though the article was written in August of 2012, so you would think it would be out by now. Castille 13:08, 23 February 2014 (EST)
- I was also curious about where the Aereo case(s) were currently... and happened upon this update published last week (also in arstechnica) "Aereo loses copyright fight, gets banned in 6 states" http://arstechnica.com/tech-policy/2014/02/aereo-loses-copyright-fight-to-tv-networks-in-utah/ and as Comcast/NBC "cuts a deal with Netflix"...as well as potentially merging with Time-Warner, just how "lovely" is that? http://www.forbes.com/sites/petercohan/2014/02/24/does-netflixcomcast-deal-remove-obstacle-to-twc-merger/ Psl 11:35, 24 February 2014 (EST)
- Great comments! As to "covers" of popular songs, those are not usually free uses, but instead uses that are licensed in ways that most of us don't normally see. As to covers of live music, those are usually handled by blanket licenses from performance rights organizations (ASCAP, BMI, and SESAC) through either the venue or the artist. For recorded covers, there is actually a statutory license in the law which allows the covering band to do this without permission, provided they pay a particular fee per copy sold. (These days most of that is administered through a corporation called the Harry Fox Agency.) And as for Aereo, the Supreme Court has agreed to hear the appeal from the Second Circuit's case (one of many, as Psl points out), which will in all likelihood set the standard for Aereo's legality nationwide. So we will see! Andy 16:48, 24 February 2014 (EST)
COPYRIGHT OF TEXTBOOKS
Based on the readings, how is it possible for new math textbooks for elementary and high school to claim copyrights when the content has not changed for decades? Perhaps examples and illustrations and format of presentation used across different textbooks may differ, but the content and concepts taught are essentially the same.
Ichua 18:19, 24 February 2014 (EST)
NPOV AND COPYRIGHT IN WIKIPEDIA
Because of NPOV, all content in Wikipedia need to be copied....and referenced. If one copies everything or extensively from a single source, would it still be legal? And if one copies from many sources, it is called a work of research? Ichua 19:51, 24 February 2014 (EST)
Ichua 19:51, 24 February 2014 (EST)
The article, There is no Magic Bullet, was an interesting read. He talks about the idea of combatting piracy as often being boiled down to: “make piracy harder, make legal options easier" which is problematic. The availability of technology is making piracy a lot easier these days. While, legal options are usually a long and expensive option in most cases. This leaves us at a problem. The emergence of easy and paid websites, like amazon and netflix, worked as a legal alternative instead of piracy but it has not been successful in a world-wide scale so far. I think as long as there is a easy, free alternative, it will often be the first choice for most people, even it is illegal. It doesn't always have to be bad, especially as it relates to creative content like music. Free sharing is often a great opportunity for growth and marketing. I'm interested to see how copyright laws and creative content will develop with the advancement of the internet. I wonder if making piracy harder is a viable option at this point without infringing on personal content. Lpereira 20:56, 24 February 2014 (EST)