beyond the rights clearance culture: new ways to think about copyright in film
DESCRIPTION
A beginners guide to copyright and Creative Commons from a 3 hour workshop presented at the Byron Bay Film Festival in March 2010. Some slides containing copyright images used under fair dealing have been removed and replaced by representative thumbnails. Sorry - no speakers notes yet.TRANSCRIPT
Beyond the Rights Clearance Culture:
byron bay film festival | 8 march 2010
New Ways to Think about Copyright in Film
prof brian fitzgerald& jessica coates
copyright
AUSTRALIApart of the Creative Commons international initiative
CRICOS No. 00213J
"Copyright", R
andall Munroe, http://xkcd.org/14/, C
reative Com
mons A
ttribution-NonC
omm
ercial 2.5 license
Generic 2.0 20081104_Indianpolis_IN_UAWGOTV0304 by Barack Obama, http://flickr.com/photos/barackobamadotcom/3008245391Generic 2.0 20081104_Indianpolis_IN_UAWGOTV0304 by Barack Obama, http://flickr.com/photos/barackobamadotcom/3008245391
Generic 2.0 Yoko Ono by cliff1066™, http://flickr.com/photos/nostri-imago/2873284890Generic 2.0 Yoko Ono by cliff1066™, http://flickr.com/photos/nostri-imago/2873284890
Generic 2.0 The Child Abdullah by Al Jazeera, http://cc.aljazeera.net/asset/language/arabic/child-abdullah-reportGeneric 2.0 The Child Abdullah by Al Jazeera, http://cc.aljazeera.net/asset/language/arabic/child-abdullah-report
copyright
Generic 2.0 Printing Press by Gastev, http://flickr.com/photos/gastev/360505392Generic 2.0 Printing Press by Gastev, http://flickr.com/photos/gastev/360505392
gutenberg press
statute of anne
Generic 2.0 Dollar Eagle Paper by Photos8, http://www.photos8.com/dollar_eagle_paper-wallpapers.htmlGeneric 2.0 Dollar Eagle Paper by Photos8, http://www.photos8.com/dollar_eagle_paper-wallpapers.html
stainless steel globe; Corona Park by Global Jet, http://flickr.com/photos/global-jet/2473311265stainless steel globe; Corona Park by Global Jet, http://flickr.com/photos/global-jet/2473311265
TRIPS Agreement 1994Rome Convention 1961
Berne Convention 1886
WCT and WPPT 1996
Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
covers everything you want to use - film, music, script, dance, art, computer programs
covers everything you want to do – copy, publish, email, post online, remix, reuse, share
commercial or non-commercial
ALL RIGHTS RESERVED
ALL RIGHTS RESERVED
WORKS
literary workscompilation expressed in words,
figures or symbols – incl computer programs
Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870
Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642
literary workscompilation expressed in words,
figures or symbols – incl computer programsdramatic
worksplay, choreography, dumb show
literary workscompilation expressed in words,
figures or symbols – incl computer programsdramatic
worksplay, choreography, dumb showmusical worksscore, tune – not recording
A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210
artistic workspaintings, sculptures, photographs,
diagrams, buildings & models of buildings
literary workscompilation expressed in words,
figures or symbols – incl computer programsdramatic
worksplay, choreography, dumb showmusical worksscore, tune – not recording
portrait: yellows and blues by freeparking, http://flickr.com/photos/freeparking/2801058207portrait: yellows and blues by freeparking, http://flickr.com/photos/freeparking/2801058207
OTHER SUBJECT MATTER
filmsincluding moving images in computer games
16mm educational film screening by lorelei, http://flickr.com/photos/filmfatale/42332916716mm educational film screening by lorelei, http://flickr.com/photos/filmfatale/423329167
filmsincluding moving images in computer gamessound recordingsthe actual ‘taping’ – eg original v cover
Audio Technica ATH-M50 by CLF, http://flickr.com/photos/clf/3184796740 Audio Technica ATH-M50 by CLF, http://flickr.com/photos/clf/3184796740
filmsincluding moving images in computer gamessound recordingsthe actual ‘taping’ – eg original v cover
broadcastsradio and TV
Kent Portable Tube AM Radio by alexkerhead, http://flickr.com/photos/alexkerhead/3607581577Kent Portable Tube AM Radio by alexkerhead, http://flickr.com/photos/alexkerhead/3607581577
published editionsthe ‘look’ and ‘layout’ of books etc
filmsincluding moving images in computer gamessound recordingsthe actual ‘taping’ – eg original v cover
broadcastsradio and TV
Side by euphbass, http://flickr.com/photos/euphbass/3317710740Side by euphbass, http://flickr.com/photos/euphbass/3317710740
RIGHTS
reproduce
Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908
reproducecommunicate to the public
http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/
reproduce
publish
communicate to the public
The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/3489545384The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/3489545384
reproduce
publishperform in public
communicate to the public
Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
reproduce
publish
adapt (except artistic)
perform in public
communicate to the public
Cut my breath by batega, http://flickr.com/photos/batega/1467019878Cut my breath by batega, http://flickr.com/photos/batega/1467019878
reproduce
publish
adapt (except artistic)
perform in publicrental right for software
communicate to the public
Cut my breath by batega, http://flickr.com/photos/batega/1467019878Cut my breath by batega, http://flickr.com/photos/batega/1467019878
S.O.T.WRIGHTS
copy (only right for published editions)
Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908
perform (seen/heard in public)
copy (only right for published editions)
Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
communicate to the public
perform (seen/heard in public)
copy (only right for published editions)
http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/
communicate to the publicalso commercial rental for sound recordings
perform (seen/heard in public)
copy (only right for published editions)
http://icanhascheezburger.com/2007/06/29/i-m-in-ur-internet/
Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
Desk
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works owner = authorsubject matter owner = maker(with some exceptions)
Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
automatic protectionregistration not requirednotification not requiredoriginal expression
Generic 2.0 Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495Generic 2.0 Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495
material can be protected in more than one copyright category eg computer games = literary works and films
a single product can include more than one copyright work eg broadcast = broadcast, film, sound recording, script, music, lyrics, art
Generic 2.0 Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495Generic 2.0 Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495
Generic 2.0 Stop by brainware3000, http://flickr.com/photos/brainware3000/22205084Generic 2.0 Stop by brainware3000, http://flickr.com/photos/brainware3000/22205084
PUBLIC DOMAIN
Generic 2.0 Stopwatch by wwarby, http://flickr.com/photos/wwarby/3297205226Generic 2.0 Stopwatch by wwarby, http://flickr.com/photos/wwarby/3297205226
Generic 2.0 Tombstone of Bertha Heilborn (nee Epstein) in Guttentag cemetery by dlisbona, http://flickr.com/photos/dlisbona/1117569429Generic 2.0 Tombstone of Bertha Heilborn (nee Epstein) in Guttentag cemetery by dlisbona, http://flickr.com/photos/dlisbona/1117569429
WORKS = LIFE
Generic 2.0 Zombie! cemetery by danhollisterduck, http://flickr.com/photos/dhollister/2596483147Generic 2.0 Zombie! cemetery by danhollisterduck, http://flickr.com/photos/dhollister/2596483147
+70 YEARS
S.M.O.T.W
Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
70 YEARS
Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
Generic 2.0 Shakespeare by Plutor, http://www.flickr.com/photos/plutor/174493667/Generic 2.0 Shakespeare by Plutor, http://www.flickr.com/photos/plutor/174493667/
SUBSTANTIAL PART
Generic 2.0 Tiny by AMagill, http://www.flickr.com/photos/amagill/3660775191/Generic 2.0 Tiny by AMagill, http://www.flickr.com/photos/amagill/3660775191/
EXCEPTIONS
FAIRDEALING
Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920
research or study (s40)
Generic 2.0 Cut my breath by batega, http://flickr.com/photos/batega/1467019878Generic 2.0 Cut my breath by batega, http://flickr.com/photos/batega/1467019878
criticism or review (s41)
research or study (s40)
Generic 2.0 Evil Dead Poster Parodies by jbcurio, http://flickr.com/photos/jbcurio/2593693627Generic 2.0 Evil Dead Poster Parodies by jbcurio, http://flickr.com/photos/jbcurio/2593693627
parody or satire (s41A)
research or study (s40)criticism or review (s41)
Generic 2.0 yesterdays news by chaosinjune, http://flickr.com/photos/cijmyjune/521661296Generic 2.0 yesterdays news by chaosinjune, http://flickr.com/photos/cijmyjune/521661296
reporting the news (s42)
research or study (s40)criticism or review (s41)parody or satire (s41A)
Generic 2.0 Barrister Bear by Shiny Things, http://flickr.com/photos/shinythings/161216658Generic 2.0 Barrister Bear by Shiny Things, http://flickr.com/photos/shinythings/161216658
legal advice (s43)
research or study (s40)criticism or review (s41)parody or satire (s41A)reporting the news (s42)
OTHER EXCEPTIONS
incidental filming (s67)
public buildings and statues (s66)
Generic 2.0 Writing for Film & Television students behind the scenes while filming "7 Day Work Week", a Port Short by vancouverfilmschool, http://www.flickr.com/photos/vancouverfilmschool/3704913141/Generic 2.0 Writing for Film & Television students behind the scenes while filming "7 Day Work Week", a Port Short by vancouverfilmschool, http://www.flickr.com/photos/vancouverfilmschool/3704913141/
STATUTORY (and blanket)
LICENSING
screenrights – use of films
(apra-amcos – music)ppca – sound recordings
Money, Money, Money by borman818, http://www.flickr.com/photos/dborman2/3258378233/Money, Money, Money by borman818, http://www.flickr.com/photos/dborman2/3258378233/
VOLUNTARY LICENSING
you can do anything with permission
OMGWTF... weighing in at 800 lbs. … by joebeone http://www.flickr.com/photos/joebeone/2585191273/OMGWTF... weighing in at 800 lbs. … by joebeone http://www.flickr.com/photos/joebeone/2585191273/
PERMISSIONS CULTURE
http://www.youtube.com/watch?v=mLDQL23nutw
Tarnationcreated on a mac for $218
screened at Sundance, won awards$400k for copyright clearances
home footage and cultural ref
http://jonathancaouette.blogspot.com/
http://www.outfoxed.org/
…I learned how cumbersome and expensive it can be to license footage from news organizations I could think of no better way to walk the talk myself than by releasing the interviews from Outfoxed and Uncovered under a license that allows other filmmakers to use my material in new and creative ways - David Greenwald
Outfoxeddoco criticising Fox news
so released own footage under CC
footage permissions not forthcoming
Aims to make copyright more flexible by providing free
licences that creators can use to give certain permissions in
advance
OPEN LICENSING
Generic 2.0 Proce55ing Source Code by schoschie, http://flickr.com/photos/schoschie/8821223Generic 2.0 Proce55ing Source Code by schoschie, http://flickr.com/photos/schoschie/8821223
Generic 2.0 Mail art, Copyleft by Manfred Stirnemann by tomislavmedak, http://flickr.com/photos/tomislavmedak/3804029530Generic 2.0 Mail art, Copyleft by Manfred Stirnemann by tomislavmedak, http://flickr.com/photos/tomislavmedak/3804029530
Generic 2.0 And free as in beer by elliottbledsoe, http://flickr.com/photos/flashphotographyandscreams/2798838205Generic 2.0 And free as in beer by elliottbledsoe, http://flickr.com/photos/flashphotographyandscreams/2798838205
ALL RIGHTS RESERVED
SOME RIGHTS
RESERVED
CC is designed to…
• provide standardised licences
• that facilitate sharing
• are flexible
• are easy to use and understand (for people and machines) and
• that apply in the same way anywhere in the world.
AUSTRALIApart of the Creative Commons international initiative
CRICOS No. 00213J
CC Myths
CC is not:• anti-copyright – just another rights
management tool
• the public domain – just giving certain permission in advance
• anti-commercial – can charge for first use, commercial uses, “premium” service, or embed advertising
• right for every situation – entirely voluntary, and won’t be best solution for all creators
AUSTRALIApart of the Creative Commons international initiative
CRICOS No. 00213J
Free, as in beer by Unhindered by Talent available at http://www.flickr.com/photos/nicmcphee/2345633527/ under a Creative Commons Attribution ShareAlike 2.0
licence
ATTRIBUTION
(BY)
NON-COMMERCIAL
(NC)
SHARE ALIKE
(SA)
NO DERIVATIVE
WORKS
(ND)
by
by-nc
by-sa
by-nd
by-nc-sa
by-nc-nd
Attribution-ShareAlike• Attribution
AUSTRALIApart of the Creative Commons international initiative
CRICOS No. 00213J
Attribution-Noncommercial
Attribution-NoDerivatives
Attribution-Noncommercial-ShareAlike
Attribution-Noncommercial-NoDerivatives
CC AS A RESOURCE
http://creativecommons.org.au/infopacks/findingmaterial
About 250 million CC objects on the internet
Over 130 million photos on Flickr alone
Thank you for sharing by Clearly Ambiguous available at http://www.flickr.com/photos/clearlyambiguous/39896923/ under a Creative Commons Attribution 2.0 licence
www.smh.com.au
Eiffel Tower at night by rednuht, http://www.flickr.com/photos/rednuht/275062341/,
Creative Commons Attribution 2.0 http://creativecommons.org/licenses/by/2.0/deed.en
Generic 2.0 Andy in the VAB by adactio, http://flickr.com/photos/adactio/301112397Generic 2.0 Andy in the VAB by adactio, http://flickr.com/photos/adactio/301112397
http://openchannel.org.au/blogs/videoslam/
http://www.pool.org.au/
CRICOS No. 00213J
Powerhouse Museum
• released 1500 public domain photographs to Flickr Commons
• ‘Play’ worksheets available under CC BY-NC
• encouraged CC for ‘photo of the day’
• collection descriptions and data under CCWoman holding decorated bicycle, Phillips Glass Plate Negative Collection, Powerhouse Museum, www.powerhousemuseum.com/collection/database/collection=Phillips_Glass_Plate_Negative
• 20x increased visitation
• crowd-sourced metadata
• unexpected discoveries (eg locations)
• partnerships (eg ABC)
• reduced costs for Australian community (eg
schools)
• didn’t hurt sales
promotional + other benefits = net +ve $
Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
LICENCE COMPLIANCE
NEED NON-© RIGHTS?
DON’T BE DEROGATORY
ATTRIBUTE
USE COMMON SENSE
LICENSING YOUR WORK
Australia 2.5 Which Creative Commons licence is right for me? by ccAustralia, http://creativecommons.org.au/factsheets/licensing-flowchartAustralia 2.5 Which Creative Commons licence is right for me? by ccAustralia, http://creativecommons.org.au/factsheets/licensing-flowchart
the tide of ‘big screen movie-and-popcorn’ enthusiasts did not exchange the box office lines for their computers . . . if there were no demand, the film would not have returned to the big screen
http://www.cafune.com/
Many of these videos address concerns that are largely ignored by other funding and distribution outlets. . . Creative Commons provides a very usable framework for filmmakers … They can allow reproduction and distribution while preserving some rights . . .that leaves open the potential to recoup production funds through commercial distribution of their work. – Anna Helm
http://www.engagemedia.org/
Sita Sings the Blues – Nina PaleyTotal donations from people who appreciate her giving out free content: $23,000 Profits from her online store which sells merchandise and DVDs: $19,000 Theatrical distribution revenues: $3,000 (out of total box office tally of $22,350) Additional DVD distribution: $3,000 Broadcast television distribution: $3,000 Revenue from Central Cinema in Seattle which showed the film: $4,000 Grand total: $55,000
http://www.sitasingstheblues.com/
Connect With Fans (CwF) + Reason To Buy (RtB) = Business ModelMike Masnick, Techndirt (Midemnet, Feb 2009)
http://techdirt.com/articles/20090201/1408273588.shtml
While the traditional industries are resisting, new players like Apple are taking the spoils
- Joe Trippi, Obama campaign adviser
The question to ask is, "What portion of the world knows my brand?" - Jonathon Schwartz, COO Sun Microsystems (CNET, Aug 2007)
Creative Commons is like having 100,000 free publicity officers.- Pete Foley, Black brow (http://wiki.creativecommons.org/Black_brow)
My fans' tireless evangelism for my work doesn't just sell books - it sells me. - Cory Doctorow, author (Forbes, Jan 2006)
Two Fists, One Heart• using CC as a promotional tool• Aussie film released 30 minutes of unused
footage and soundtrack under CC BY (March 2009)
• To encourage remixing, running competition with AFTRS - best 5 remixes get posted to Disney’s official site
“To me, the thought of footage being wasted and unused when someone could make something really creative with it was a real shame. There are so many people out there cutting great videos and posting them on YouTube, but the biggest barrier is often having the footage to play with. This way we could give them something to use - and the footage is what professional editors deal with - and promote the film at the same time - it was a win-win.”
– Brownen Clune, Norg Media
• Suggested by publicists Norg Media, to give value to junk material
http://cutyourownscene.com/
Revver • Advertising supported• Video sharing site with embedded advertising –
money split 50/50 with creators• All videos under Creative Commons BY-NC-ND
licence – to allow for maximum distribution• Success story – Eepybird.com’s “Extreme diet
coke and mentos experiment” - watched over 6 million times; made US$30,000 in first year
• Now hosts other popular video series - eg Lonelygirl15, “ask a ninja”
• Countless previews
http://www.revver.com/
Beatpick
• ‘premium service’ model• ‘Fairplay’ music label• All music downloadable DRM free under Creative
Commons BY-NC-SA licence• Sells ‘high quality’ downloads• Negotiates ‘commercial’ licences • Success story – “Memories Child” by Jamison Young
(Australian musician) licensed for “The X-Files: I Want to Believe“ feature film
• Has also licensed material for ads, video games, corporate events, political campaigns
http://www.beatpick.com/
United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.comUnited States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
9 tracks free download36 tracks licensed5 payment options$300 ultra deluxe package2500 unitssold out in 30 hoursamazon’s highest selling MP3s
United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.comUnited States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
“The end result is a wildly varied body of music that we're able to present to the world in ways the confines of a major record label would never have allowed – from a 100% DRM-free, high-quality download, to the most luxurious physical package we've ever created.” – Trent Reznor
Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
DO I HAVE THE RIGHTS?
HOW DO I WANT TO
ENGAGE, AND WITH WHO?
WHAT’S MY BUSINESS MODEL?
WHAT DO I WANT?
Thanks
creativecommons.org
wiki.creativecommons.org/casestudies
creativecommons.org.au
CRICOS No. 00213J
This slide show is licensed under a Creative Commons Australia Attribution licence. For more information see
http://creativecommons.org/licenses/by/2.5/au/.
Images in the slideshow are licensed as marked.
Carpeted com
mons by G
lutnix, http://ww
w.flickr.com
/photos/glutnix/2079709803/in/pool-ccswagcontest07 available
under a Creative C
omm
ons Attribution 2.0 licence, http://creativecom
mons.org/licenses/by/2.0/deed.en