Who is the most sampled artist? George Clinton & P-Funk? James Brown New Media, New Ownership Remix Culture

The public is free to add, change, influence, and interact with their culture. Examples oral storytelling musical influences Sampling hip-hop music Graffiti architecture, space, dialogue draws from , comics, etc public editing and organization

Media Old and New

“Old” Media “New” Media Media Old and New

“Old” Media “New” Media Format Analog Digital Media Old and New

“Old” Media “New” Media Format Analog Digital

Authorship Individual Communal Media Old and New

“Old” Media “New” Media Format Analog Digital

Authorship Individual Communal

Modularity Integral Decomposable Media Old and New

“Old” Media “New” Media Format Analog Digital

Authorship Individual Communal

Modularity Integral Decomposable

Reproduction Expensive & Lossy Cheap & Exact Media Old and New

“Old” Media “New” Media Format Analog Digital

Authorship Individual Communal

Modularity Integral Decomposable

Reproduction Expensive & Lossy Cheap & Exact

Distribution Transport, Broadcast Network, On Demand

Grey Tuesday February 24, 2004 Grey Tuesday Online protest of EMI’s attempt to stop distribution. Hundreds of websites. Over 100,00 downloads. Cease & desists from EMI. Fair Use: 17 U.S.C. § 107

The fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of . Fair Use: 17 U.S.C. § 107 The factors considered shall include: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. This wasn't supposed to happen... I just sent out a few tracks (and) now online stores are selling it and people are downloading it all over the place... it was not my intent to break copyright laws. It was my intent to make an project.

Brian Burton (DangerMouse) I think it was a really strong album. I champion any form of creativity, and that was a genius idea—to do it. And it sparked so many others like it... I was honored to be on—you know, quote-unquote, the same song with The Beatles.

Jay-Z I didn’t mind when something like that happened with The Grey Album. But the record company minded. They put up a fuss. But it was like, ‘Take it easy guys, it’s a tribute.’ Paul McCartney As a matter of pure legal doctrine, the Grey Tuesday protest is breaking the law, end of story. But copyright law was written with a particular form of industry in mind. The flourishing of information technology gives amateurs and home recording artists powerful tools to build and share interesting, transformative, and socially valuable art drawn from pieces of popular . There's no place to plug such an important cultural sea change into the current legal regime.

Jonathan Zittrain, Harvard Law

Open Source Copyright (c) , All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. BSD 3-Clause License

GNU (GNU’s Not Unix!) & the Foundation

A “technical means to a social end”

Copyright (c) This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the , either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program. If not, see .

GNU General Public License GPL v1 Terms (ca. 1989)

1. You may distribute verbatim copies of the Program’s source code so long as you include this license. You may charge a fee for the physical act of transfer.

2. You may modify your copy of the Program if you: • Prominently note that you made changes • Carry the same licensing terms as the original 3. You may copy & distribute executable forms (object code) of the Program if you make the complete source code accessible to others. Copyleft

The practice of using copyright law to offer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work.

Characterized by “viral” clauses or “share alike”

Under which licensing regime has software most flourished?

+ + vs. + vs.

-> + vs.

->

-> + vs.

-> ->

-> + vs.

-> ->

-> All Rights Reserved Some All^ Rights Reserved BY: Attribution SA: Share-Alike NC: Non-Commercial ND: No Derivative Works BY SA NC ND

All Some Rights Reserved

Copyright from Multiple Perspectives:

“Legalese” Copyright Licenses in over 70 jurisdictions Human-Friendly Descriptions

Computational Metadata Caveats? Caveats?

Serves “remix culture” more than artists? Proliferation of incompatible licenses? Insufficient freedoms?

http://en.wikipedia.org/wiki/Wikipedia:Copyrights In-Class Exercise

We’ve seen examples of media & technology. What about science?

If you were to create a “Creative Commons for Science”, what rights/terms might you include? Consider 2-3 concrete forms of scientific output. What forms of scientific output might it cover? Who are the implicated stakeholders? Remix Culture New Media, New Ownership