To hear an audio recording while viewing slides, see my blog: http://goo.gl/ffTeMm Surveillance, Copyright, Privacy The End of the Open Internet Dunedin, New Zealand Jan 30 – Feb 1, 2014 Dr Mark McGuire University of Otago, Dunedin, NZ email: mark.mcguire@otago.ac.nz Twitter: @mark_mcguire Blog: http://markmcguire.net/ Dept.: http://www.otago.ac.nz/appliedsciences/staff/markmcguire.html This presentation is covered by a Creative Commons CC-BY (attribution only) licence unless otherwise stated http://creativecommons.org/licenses/by/3.0/nz/ Copyright, Creative Commons and Libre Culture in New Zealand A set of 33 Tweets with related links, which were published as the presentation was delivered, can be found here: http://goo.gl/aCYdHe Abstract Copyright, Creative Commons and Libre Culture in New Zealand Dr Mark McGuire, University of Otago, New Zealand In 2001, Lawrence Lessig pointed out that, when considering of the ownership, regulation and governance of the virtual commons, we must take into account the “physical” layer, the “logical” or “code” layer, and the “content” layer, which includes the text, images, music, animations, movies and other digital material accessed over the internet. In an effort to free up the “content” layer, creativecommons.org went online in 2002, allowing individuals to attach “some rights reserved” licences to their work. This development was in response to changes in US copyright laws that the Creative Commons founders (including Lessig) argued hindered access to creative works. Since then, the Creative Commons Licenses have been ported to over fifty jurisdictions, including New Zealand. As in the US, copyright has become more restrictive in New Zealand. The introduction of the “Copyright (Infringing File Sharing) Amendment Act 2011” enables owners of copyrighted works to penalize individuals for violating their copyright through online file sharing without providing adequate protection from unfair prosecution. The Trans Pacific Partnership (TPP), a trade agreement that New Zealand is negotiating with the US and nine other countries, could extend the length of copyright of creative work from the life of the author plus 50 years after his or her death, by a further 20 years. As Yochai Benkler notes (2006), formal institutions are working to extend the scope and reach of excusive rights over cultural resources, and the primary countervailing force against exclusivity is the cultural and social response represented by the nascent “free culture” movement and the growing individual practice of sharing work with others to create a domain of free resources for common use. In this paper, I discuss institutional efforts to strengthen copyright in New Zealand and discuss the use of Creative Commons licenses as an alternative.

1. Copyright, Creative
Commons and Libre
Culture in New Zealand
!
Surveillance, Copyright, Privacy
The End of the Open Internet
Dunedin, New Zealand
Jan 30 – Feb 1, 2014
!
Dr Mark McGuire
University of Otago, Dunedin, NZ
email: mark.mcguire@otago.ac.nz
Twitter: @mark_mcguire
Blog: http://markmcguire.net/
Dept.: http://www.otago.ac.nz/appliedsciences/staff/markmcguire.html
This presentation is covered by a Creative Commons CC-BY
(attribution only) licence unless otherwise stated
http://creativecommons.org/licenses/by/3.0/nz/

2. The Revolution will NOT be televised.
!
It will be #Webcast, #Podcast, #Blogged,
#Instagammed, #Tweeted and #Storified.
!
And #Revised, #Remixed and #ReTweeted . . .

3. They hang the man and flog the woman
Who steals the goose from off the common
But leave the greater villain loose
Who steals the common from off the goose.
Anonymous protest poem 1764 or 1821
!
“If you have an apple and I have an apple
and we exchange these apples then you
and I will still each have one apple. But if
you have an idea and I have an idea and
we exchange these ideas, then each of
us will have two ideas”.
George Bernard Shaw
!
!

5. Copyright protections are limited for a period of time
and restricted by a number of exceptions.
Life plus 50 years is typically the minimum for most countries and
many signatories of the Berne Convention, excluding the regions or
countries listed below, for example:.
■ Life plus 70 years for members states of the European Union
■ Life plus 70 years for the United States of America
!
In New Zealand the copyright in sound recordings, films, broadcasts
and cable programmes lasts for 50 years after they are released. The
copyright in a typographical arrangement lasts 25 years.
These durations are valid for every work which is originated in New
Zealand. Others will be protected for the term for which it is granted
protection in its country of origin.
!
http://wikieducator.org/Copyright_for_Educators/Protections
http://wikieducator.org/Copyright_for_Educators/Protections#Duration_of_copyright
http://www.creativecommons.org.nz/frequently_asked_questions#III1

6. Sonny Bono Copyright Extension Act
!
© Passed by US Congress in1998
!
© Extended copyright protection from the lifetime of
the author plus 50 years, to the lifetime of the author
plus 70 years (14-years in 1790), preventing any work
from entering the public domain until 2019.
!
Mickey Mouse
http://en.wikipedia.org/wiki/
Mickey_mouse
© CC founders alarmed at the growing concentration in
media markets, implications for the developing
internet, the future of freedom of information in a
representative democracy.
!
!
!
An information commons? Creative Commons and public access to cultural creations
Marc Garcelon. New Media Society. originally published online 24 November 2009
http://nms.sagepub.com/content/11/8/1307

7. © Michael Carroll: “[As] soon as you get a worldwide
web where everyone can self-publish and you have a
default position that everything is automatically under
copyright [a legal standard adopted in the US in 1976],
it’s a strict liability regime, which means you can violate
copyright without any intention of doing so. Your
copying puts you in violation of the law unless it’s a fair
use, which is a fuzzy standard that is hard to apply”.
!
© Lessig: “Fair use . . . simply means the right to hire a
lawyer to defend your right to create.”
© CC devised a novel strategy giving current copyright
holders the option of making creative work available
for copying and distribution by granting various
exceptions to the rights they hold under copyright
(requiring no legislation).
!
!
!

8. © CC’s opposition to the intellectual property
conception of copyright lies in the
distinction between ‘rivalrous’ and
‘nonrivalrous’ resources. A rivalrous
resource is a resource limited in relation to
potential users.
!
© “Creative Commons thought of itself as . . .
branding the public domain, especially on the
internet” (interview with Hal Ableson, Board
of Directors of Creative Commons).
!
CC on the ground. by Giulio Zannol (cc-by)
http://wikieducator.org/File:CC-on_the_ground.jpg
© In December 2002, the Creative Commons
website went online
(http:// creativecommons.org).
!
!
!

9. http://creativecommons.org.nz/licences/licences-explained/

10. http://creativecommons.org.nz/licences/licences-explained/

11. !
. . . [We] must first step back from copyright and reflect
upon an idea about how culture develops that should
be familiar to everyone. This idea I want to call
“remixing.” We first imagine a creative work mixed
together by someone; and then someone else remixes
that creative work.
!
In this sense, culture is remix. Knowledge is remix.
Politics is remix. We remix all the time.
Lawrence Lessig: Creative Economies p. 35
https://www.yumpu.com/en/document/view/15761352/the-second-annual-distinguished-lecture-in-intellectual-property

12. The nature of artefacts
!
In crossing the
threshold from
analog to digital,
an artefact exchanges
!
a single, traceable past
for unlimited possible
futures,
!
solidity for malleability,
!
and financial value for
social value.
Photo by Arthur Davison
CC-BY-NC-SA http://goo.gl/lL6vJ Accessed 29 Jan. 2014

13. http://www.youtube.com/watch?v=YpSKaArpPro

14. http://www.youtube.com/watch?v=CTZyorJVeqI

15. http://www.youtube.com/watch?v=2v_sBdaR-Sk

17. Joel Little: “We made this song originally just to give away for free . . .”.
New Zealand Herald (29 Jan. 2014)
http://www.nzherald.co.nz/entertainment/news/video.cfm?c_id=1501119&gallery_id=140457&gal_objectid=11192601

18. !
“Royals”: The Love Club EP on SoundCloud (29 Jan. 2014)
https://soundcloud.com/lordemusic/royals?in=lordemusic/sets/the-love-club
http://lorde.co.nz
!
Posted on SoundCloud in November 2012.
Officially released digitally in March 2013 and on CD in May
2013, The Love Club EP features five songs, including the
number one hit "Royals".

19. Lorde - Royals performance at The Grammy's 2014 HD (29 Jan. 2014)
http://www.youtube.com/watch?v=Belewo58nCA

20. “Lorde - Royals performance at The Grammy's 2014 HD” Blocked (29 Jan. 2014)
http://www.youtube.com/watch?v=Belewo58nCA

21. Lorde: Royals Music Video
http://www.youtube.com/watch?v=LFasFq4GJYM (29 Jan. 2014)

22. Bart Baker: Lorde - “Royals” PARODY (29 Jan. 2014)
http://www.youtube.com/watch?v=llo1HtAw_40

23. @lordemusic followers on Twitter: 978,468 Facebook: 1.8m, Instagram: 704,962
(http://lorde.co.nz )

24. Think Like a Dandelion
“[I]f you blow your works into the net like a
dandelion clock on the breeze . . . the
winds of the Internet will toss your works to
every corner of the globe, seeking out every
fertile home that they may have.”
(Cory Doctorow ) http://goo.gl/l7Yx6M
Dandelion Wish by John Liu (CC-BY)
http://www.flickr.com/photos/8047705@N02/5572197407/
“Spreadability”
> flow of ideas in easy-to share-formats
> open-ended participation
> reshaping of context as well as the content
> circulation of work through all available
channels
(Spreadable Media. Jenkins, Ford and Green. 2013, p. 2)
http://spreadablemedia.org

25. Photo by Matt Binn: http://www.flickr.com/photos/69029168@N00/3971643845

26. Creative Commons
!
!
!
!
!
!
Based on a photo by Matt Binn: http://www.flickr.com/photos/69029168@N00/3971643845

27. http://creativecommons.org.nz/2011/04/post-quake-imagery-of-christchurch-carries-cc-licence/

28. http://www.flickr.com/photos/nzdefenceforce/5469221429/

29. http://www.mixandmash.org.nz

30. http://digitalnz.org.nz/

31. http://creativecommons.org/weblog/entry/8235

32. Open Educational Resources University (OERu) Launched Nov. 2013
http://oeruniversitas.org

33. http://wikieducator.org/Main_Page (29 Jan. 2014)

34. http://www.creativecommons.org.nz/education/

35. 30 January 2014 7:37 pm
Richard White
To: CopyrightCOP@lists.otago.ac.nz
[CCOP] Udacity's CC licence
!
!
Hi everyone
!
I got quite excited when I saw that Udacity was using a Creative Commons licence,
though less so when I saw it was BY-NC-ND and that they go on to say
!
Without limiting the generality of the terms of the CC License, the following are
types of uses that Udacity expressly defines as falling outside of the definition of
“non-commercial”:
...
(e) the use of Educational Content by a college, university, school, or other
educational institution for instruction where tuition is charged

36. B.navez Stack of Firewood CC-BY-SA http://goo.gl/Y6F7p
Gurumustuk Singh “Fireside Chanting” CC-BY-NC-SA http://goo.gl/GQSle
It’s not
about the
wood or
the fire;
it’s about
the choir.

37. Changing Paradigms: Communication
Locus, Mode, Temporality, Structure, Objective
!
!
PUSH
broadcaster, transmission, synchronous, sender-receiver,
impart
!
PULL
resource, download, asynchronous, nodal, discover
!
SHARE
community, conversation, continuous, networked, co-creation

38. Changing Paradigms: Education
Locus, Mode, Temporality, Structure, Objective
!
!
PUSH
teacher, broadcast, synchronous, hierarchical, impart knowledge
!
PULL
resource, download, asynchronous, nodal, individual learning
!
SHARE
site, co-create, continuous, networked, knowledge network

39. The most useful resources are
conversational,
contextualized,
curated and
connected.

40. A morph used on a protest banner. Sunday Star Times Jan. 19 p. A4
http://www.stuff.co.nz/national/politics/9625589/Protests-heckling-for-mayor

41. Police Pepper
Spraying Occupy UC
Davis students
(Nov. 18, 2011)
http://goo.gl/yUt44

42. “pepper spray meme” Google image search 22 June 2012

43. Bus on George St., Dunedin, 16 Jan. 2014

44. Listen/Consume
7
Download Speed: 5535 kbps (691.9 KB/sec transfer rate)
Upload Speed: 777 kbps (97.1 KB/sec transfer rate)
Latency: 43 ms
31 January 2014 12:26:44 am NZDT http://speedtest.orcon.net.nz
Speak/Contribute
1

45. Collaborative,
Conversational
Networks

46. SPACE is created
through the act of
communication.
Conversation
creates shared
space. OPEN
conversation
creates PUBLIC SPACE.