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.
Copyright, Creative Commons and Libre Culture in New Zealand - Mark McGuire Jan. 31 2014
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
!
!
4.
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
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
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)
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
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.