2. Today:
1)Check-in
2)IP Law
3)Working with Ads 2
4)Design Task 5 and some work time (time
permitting)
5)Homework

3. An interlude: some design task responses
that are pretty nifty.

20. Intellectual Property Law
As we start to look at making flyers and
brochures, it’s important that we begin to
think about intellectual property and the law.
We touched on this very briefly the first day
with Shepherd Fairey. We’re going to delve a
bit deeper today.

21. Remix is Like…
Remix is the act of taking one or more cultural
artifacts-- visual, video, audio, and/or alphabetic
texts- and deliberately mixing elements together
to create something new that often specifically
mimics one or more of the sources. Many
remixes are meant to be satirical or overtly
political, though satire is not essential.

22. The problem rises….
If you look at my definition, you see the problem
really, really early on: “you take one or more
cultural artifacts”– stress on the “take.” On the
next few slides are some remix images I’ve made
myself recently, just for kicks.
Yeah, I’m a big ol’ remix for fun nerd.

27. Key issue: IP law
The question here becomes “whose intellectual
property are these things?”
Are those mine? I “made” them, but I didn’t make
them from a blank slate. Am I allowed to just
borrow that stuff?
Let’s ask a lawyer!

28. Lessig on IP law
• Lessig declares that he has the following
positions:
– He is anti-piracy
– He is anti-war (meaning law vs. creators here)
– He is anti-lawyer and anti-lobbyist (he includes
himself here, so he’s anti-Lessig, too)

29. Lessig video (if you’d like to watch later)

30. Lessig is like,
• “We need to hear less from lawyers and lobbyists
and more from artists [about who owns
culture].”
• " This is a relationship
between technology
and ownership,
which is translated
to digital technology
and copyright.”

31. Pirate Technologies
player piano – “pirated” sheet music
radio– “pirated” records
cable TV– “pirated” network TV
betamax– “pirated” TV and movies
But as these were regulated, the law
always waited to see “the potential of the
technology.”

32. We Didn’t Start the Fire…
• “...this is not the first time radical new
technologies have appeared and changed the
way that culture gets made and distributed. This
is a constant theme...”
• But… The law favored the pirate in those old
cases. It is now "fit the technology
to the law" and not "fit the law to
the technology."

33. "This architecture demands...
the right to remix culture."
Enter DJ Danger Mouse. He felt that the Beatles’
White Album and Jay-Z’s black album went together.
So he created
“the Grey Album”
which you can DL here.
but don’t, because it’s
totally illegal. *wink*

34. Remix
Remix is the act of taking one or more cultural
Remix
artifacts-- visual, video, audio, and/or alphabetic
Remix is the act of taking one or more cultural
texts- and deliberately mixing elements together
artifacts-- in this case visual, though video,
to create something new that often specifically
audio, and alphabetic texts are regularly
mimics one or more of mixing elements
remixed-- and deliberatelythe sources. Many
remixes are meant to be satirical or overtly
together to create something new that often
political, though satire more of the sources.
specifically mimics one oris not essential.

35. Remix: from The Daily Show
+
=

36. Remix: from Marvel Comics
+
=

37. Remix: from random net site
=
+

38. If you’re offended by profanity, plug your ears right
about now
Whose song is this?
Whose song is this
?

39. Another Example
• The New Yorker ran a piece on Danger Mouse
and the idea of mash-ups.
• “Mashups find new uses for current digital
technology, a new iteration of the cause-andeffect relationship behind almost every change in
pop-music aesthetics: the gear changes, and then
the music does.”
• So… whose song is this?

40. A Stroke of Genius
“In October of 2001, a d.j. named
Roy Kerr, calling himself the
Freelance Hellraiser, sent TempleMorris [a mash-up show duo] a
mashup called “A Stroke of
Genius,” laying Christina
Aguilera’s vocal from “Genie in a
Bottle,” a lubricious pop song,
over the music from the Strokes’
“Hard to Explain,” a brittle,

41. A few more remixes
• Shining
• Brokeback

42. So what we have to consider…
1)
2)
3)
4)
5)
Who “owns” a particular piece of art
What can we use and what can’t we use?
What IS Fair Use?
What is Creative Commons?
How do we avoid having to try a justification
like this?

43. I want us to talk a bit more about
copyright. And I wanted to bring it
home, as much as I could.
I want to show you something a little
disturbing. You can thank one of your
classmates for alerting me to it
existing…

45. So…
What do we think of this Twitter account?
More importantly, from a class perspective, is it
legally okay? Is it ethical?
Please note that Dr. Phill finds this site problematic
and reprehensible, but it exists and we’re studying
the real digital world, not Dr. Phill’s ideal version of
the digital world. Dr. Phill does not condone such
activities.

46. At stake…
…is an issue of network distribution and the rights to
images.
Do the young women being pictured here give their
consent? Can we tell? Can we assume? How might we
find out?
Does it matter?

47. A second thing to ponder…
… is the real implications of the idea of “fair use.”
Fair use has often been the wildcard in
discussions of intellectual property. But is it really
the shield/umbrella-ella-ella-eh-eh-eh we think it
is?
(yes, I just stole from Rhianna)

49. Remember: Copyright:
Copyright is a legal concept, enacted by most
governments, giving the creator of an original
work exclusive rights to it, usually for a limited time.
Generally, it is "the right to copy", but also gives the
copyright holder the right to be credited for the work,
to determine who may adapt the work to other forms,
who may perform the work, who may financially
benefit from it, and other related rights. It is a form
of intellectual property (like the patent, the trademark,
and the trade secret) applicable to any expressible
form of an idea or information that is substantive and
discrete*

51. Factor 1: Purpose/Character
The first factor is regarding whether the use in question
helps fulfill the intention of copyright law to stimulate
creativity for the enrichment of the general public, or
whether it aims to only "supersede the objects" of the
original for reasons of personal profit. To justify the use
as fair, one must demonstrate how it either advances
knowledge or the progress of the arts through the
addition of something new. A key consideration is the
extent to which the use is interpreted as transformative,
as opposed to merely derivative. *
*from Wikipedia– via the link on the previous slide

52. Factor 2: Nature of Work
fair use analyses consider certain aspects of the work to
be relevant, such as whether it is fictional or non-fictional.
To prevent the private ownership of work that rightfully
belongs in the public domain, facts and ideas are separate
from copyright—only their particular expression or
fixation merits such protection. On the other hand, the
social usefulness of freely available information can weigh
against the appropriateness of copyright for certain
fixations.*
*again

53. Factor 3: Amount/Substance
The third factor assesses the quantity or percentage of
the original copyrighted work that has been imported
into the new work. In general, the less that is used in
relation to the whole, ex: a few sentences of a text for a
book review, the more likely that the sample will be
considered fair use. *
*from Wikipedia– via the link on the previous slide

54. Factor 4: Effect on work’s value
The fourth factor measures the effect that
the allegedly infringing use has had on the
copyright owner's ability to exploit his or
her original work. *
*again, Wikipedia

55. A Test Case:
So I made something today. I also used it as
the title slide for this PowerPoint. It is a
panel from a printed comic book with lyrics
from a professionally recorded song
Photoshopped in to replace the original
dialogue.

57. Some images:
Here are some of the
images you sent to me.
Let’s quickly do some
analysis work.

66. Design Task 5
Take a photo of yourself and make it look
somehow different (check out the tutorials
for suggestions or come up with your own).
Upload the image to your Tumblr when
done.

67. For next week…
There are readings related to tagging that you
should read for Monday. We will introduce
that assignment and continue to work on our
others.
Keep working on your own flyers. Remember
the practice ones in class as you try to make
yours the best you can. And keep up with your
blogs!