Sg2009wc:copyright
From She's Geeky Wiki
Title: Copyright, Orphaned Works, Commons
Session: 3-D Bay Area Jan 2009
Convener: Judith Busch
Attendees:
Notes:
Contents |
Copyright: US and before
When US was founded much of our culture was imported (pirated) from England and information was kept in guilds.
To determine whether a (book) is in copyright or not: was it first published in the US.
England has longer copyright term
Laws changed In 70/80/s we from (as it was before the 1923) would have copyright for a reasonable term then in public domain.
After 1923, find out if the copyright has been renewed. Specific to books: a “copyright” is required.
Publish in a fixed form and out to the world: who you are and what you are retaining
Now put in fixed form and “publish” it, now you don’t need to put your name on it. Published works have a different term than the death of the creator
Unpublished works also have copyright for a certain term after the death of the creator.
Initial idea behind copyright is that gives incentive for creators to publish it and benefit
Dawn of writing not an idea of copyright.
- 500 years ago, Shakespeare is very derivative work.
- Before printing press, wildly copying
- With industrialization of printing and distribution (early 1800‘s) , new idea of intellectual property is quote recent.
- Prior to that monarch controlled the press and
- Prior to that fiction was hand copied.
Copyright is for creative work (MUSIC, patterns in fabric, etc.) An idea or process is patented.
Lawrence Lessig has written a lot on the topic. [1]
Idea today is that much of what is being created now is locked up in ownership and much of what is locked up in ownership Commons: you can take a printing, copy, scan, recite, perform, etc. no constraint on use, can create derivative work, no remuneration to the or. There are state by state legislation for copyright.
FIXED FORM:
UNPUBLISHED WORK:
Orphaned Works
Relates to books published between the 1920’s and the 1970’s; May be books out of print, may be a film that is deteriorating. If you cannot find the original author or the survivors who may have inherited the rights to the work, this is an issue for archives and museum who cannot copy the original works even to save them. Digitizing and making multiple copies, even for cultural heritage institutions - how do you determine that you have done a reasonable job of trying to track down the owner.
Other
COPYRIGHT violation is criminal.
Fair Use
FAIR USE - not copying the whole thing, not making money off it; this is not codified but determined by judgment. Documentary film folks have a document for best practices for fair use.
What would be a due process for contacting the author
Ref. EFF test cases for digital fair use; Transformative works, though they may be a representation of other works, (photo of a billboard) or okay. Also, check with Organization for Transformative Works: fan fiction is a transformative work.
How do current creators not feel burdened
We already have an ISBN for books, can we do the same for other creative works? Problem is who manages that data structures? Right now the publishers manage this. For creators you can buy an ISBN if you want one, they are not free.
But the thing falls apart, imagine a future when you have a camera in your eye, recording everything you see.
If you have a bog post and you can’t find the person or their heirs,
Remix by Lawrence Lessig, addresses copying or transforming and the use; the problem is we are making everyone a criminal in the law as it currently exists.
Intellectual Property
Licensing
This blog post/movie/pod cast/etc. is copyright may not be used without permission. Email me and I will grant permission if you pay $10 with note: I still own it but am letting you use it once in this way, and agree to send people to be if they want to use it further.” - problem is that you have to negotiate each time for each use.
?Put something in the public domain, means original creator loses the copyright. ?write my own license?
Creative Commons
- CCBY is the creative commons attribution
- CCBYND - no derivative works allowed
- CCBYNC - not for commercial use
- Share Alike - you can use mine, but you have to share your’s too.
Additional/Questions
Meta data in the image file can contain a way to contact you. Learn image software - PhotoShop or Preview, have ways to get to the metadata that is in the image format, there are scripts which will pin metadata to the images.
Think about your objective. Consider what you hope to create. Is it to :
- Share with friends
- Make money
- Create a portfolio
For Photos on Flickr - I selected the most open license. It doesn’t matter to me.
If you want to make money, consider: what are the options that will work alongside what I want to do? Is it to sell exclusive mounted prints? Maybe provide lo resolution versions online, and say “for hi res, contact me” Setup on Lulu.
I find article embed YouTube, including with full attribution is fine.. Referencing to other blogs, fine.
If citing ~ less than 10 percent of work or 1 chapter, okay.
Embedded code in the digital work can have digital rights management (DRM)
Best practice on a blog: CC0 is a creative commons logo: I do not give you any rights, I retain my copyright
All is now copyrighted till 70 years after death.