Nancy Marcus CGS Summer Workshop 2013
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Intellectual Property and Entertainment Law Ledger
NEW YORK UNIVERSITY INTELLECTUAL PROPERTY AND ENTERTAINMENT LAW LEDGER VOLUME 1 WINTER 2009 NUMBER 1 MIXED SIGNALS: TAKEDOWN BUT DON’T FILTER? A CASE FOR CONSTRUCTIVE AUTHORIZATION * VICTORIA ELMAN AND CINDY ABRAMSON Scribd, a social publishing website, is being sued for copyright infringement for allowing the uploading of infringing works, and also for using the works themselves to filter for copyrighted work upon receipt of a takedown notice. While Scribd has a possible fair use defense, given the transformative function of the filtering use, Victoria Elman and Cindy Abramson argue that such filtration systems ought not to constitute infringement, as long as the sole purpose is to prevent infringement. American author Elaine Scott has recently filed suit against Scribd, alleging that the social publishing website “shamelessly profits” by encouraging Internet users to illegally share copyrighted books online.1 Scribd enables users to upload a variety of written works much like YouTube enables the uploading of video * Victoria Elman received a B.A. from Columbia University and a J.D. from Benjamin N. Cardozo School of Law in 2009 where she was a Notes Editor of the Cardozo Law Review. She will be joining Goodwin Procter this January as an associate in the New York office. Cindy Abramson is an associate in the Litigation Department in the New York office of Morrison & Foerster LLP. She recieved her J.D. from the Benjamin N. Cardozo School of Law in 2009 where she completed concentrations in Intellectual Property and Litigation and was Senior Notes Editor of the Cardozo Arts & Entertainment Law Journal. The views expressed in this article are those of the authors and do not reflect the official policy or position of Morrison & Foerster, LLP. -
Garage Zine Scionav.Com Vol. 3 Cover Photography: Clayton Hauck
GARAGE ZINE SCIONAV.COM VOL. 3 COVER PHOTOGRAPHY: CLAYTON HAUCK STAFF Scion Project Manager: Jeri Yoshizu, Sciontist Editor: Eric Ducker Creative Direction: Scion Art Director: malbon Production Director: Anton Schlesinger Contributing Editor: David Bevan Assistant Editor: Maud Deitch Graphic Designers: Nicholas Acemoglu, Cameron Charles, Kate Merritt, Gabriella Spartos Sheriff: Stephen Gisondi CONTRIBUTORS Writer: Jeremy CARGILL Photographers: Derek Beals, William Hacker, Jeremy M. Lang, Bryan Sheffield, REBECCA SMEYNE CONTACT For additional information on Scion, email, write or call. Scion Customer Experience 19001 S. Western Avenue Company references, advertisements and/ Mail Stop WC12 or websites listed in this publication are Torrance, CA 90501 not affiliated with Scion, unless otherwise Phone: 866.70.SCION noted through disclosure. Scion does not Fax: 310.381.5932 warrant these companies and is not liable for Email: Email us through the contact page their performances or the content on their located on scion.com advertisements and/or websites. Hours: M-F, 6am-5pm PST Online Chat: M-F, 6am-6pm PST © 2011 Scion, a marque of Toyota Motor Sales U.S.A., Inc. All rights reserved. Scion GARAGE zine is published by malbon Scion and the Scion logo are trademarks of For more information about MALBON, contact Toyota Motor Corporation. [email protected] 00430-ZIN03-GR SCION A/V SCHEDULE JUNE Scion Garage 7”: Cola Freaks/Digital Leather (June 7) Scion Presents: Black Lips North American Tour The Casbah in San Diego, CA (June 9) Velvet Jones -
Remixology: an Axiology for the 21St Century and Beyond
Found Footage Magazine, Issue #4, March 2018 http://foundfootagemagazine.com/ Remixology: An Axiology for the 21st Century and Beyond David J. Gunkel – Northern Illinois University, USA Despite what is typically said and generally accepted as a kind of unquestioned folk wisdom, you can (and should) judge a book by its cover. This is especially true of my 2016 book with the MIT Press, Of Remixology: Ethics and Aesthetics After Remix (Gunkel 2016). With this book, the cover actually “says it all.” The image that graces the dust jacket (figure 1) is of a street corner in Cheltenham, England, where the street artist believed to be Banksy (although there is no way to confirm this for sure) appropriated a telephone booth by painting figures on a wall at the end of a line of row houses. This “artwork,” which bears the title “Spy Booth,” was then captured in a photographed made by Neil Munns, distributed by way of the Corbis image library, and utilized by Margarita Encomienda (a designer at MIT Press) for the book’s cover. The question that immediately confronts us in this series of re-appropriations and copies of copies is simple: What is original and what is derived? How can we sort out and make sense of questions concerning origination and derivation in situations where one thing is appropriated, reused, and repurposed for something else? What theory of moral and aesthetic value can accommodate and explain these situations where authorship, authority, and origination are already distributed across a network of derivations, borrowings, and re-appropriated found objects? Figure 1 – Cover Image for Of Remixology (MIT Press 2016) The following develops a response to these questions, and it does so in three steps or movements. -
WIKINOMICS How Mass Collaboration Changes Everything
WIKINOMICS How Mass Collaboration Changes Everything EXPANDED EDITION Don Tapscott and Anthony D. Williams Portfolio Praise for Wikinomics “Wikinomics illuminates the truth we are seeing in markets around the globe: the more you share, the more you win. Wikinomics sheds light on the many faces of business collaboration and presents a powerful new strategy for business leaders in a world where customers, employees, and low-cost producers are seizing control.” —Brian Fetherstonhaugh, chairman and CEO, OgilvyOne Worldwide “A MapQuest–like guide to the emerging business-to-consumer relation- ship. This book should be invaluable to any manager—helping us chart our way in an increasingly digital world.” —Tony Scott, senior vice president and chief information officer, The Walt Disney Company “Knowledge creation happens in social networks where people learn and teach each other. Wikinomics shows where this phenomenon is headed when turbocharged to engage the ideas and energy of customers, suppli- ers, and producers in mass collaboration. It’s a must-read for those who want a map of where the world is headed.” —Noel Tichy, professor, University of Michigan and author of Cycle of Leadership “A deeply profound and hopeful book. Wikinomics provides compelling evidence that the emerging ‘creative commons’ can be a boon, not a threat to business. Every CEO should read this book and heed its wise counsel if they want to succeed in the emerging global economy.” —Klaus Schwab, founder and executive chairman, World Economic Forum “Business executives who want to be able to stay competitive in the future should read this compelling and excellently written book.” —Tiffany Olson, president and CEO, Roche Diagnostics Corporation, North America “One of the most profound shifts transforming business and society in the early twenty-first century is the rapid emergence of open, collaborative innovation models. -
Remix My Lit M T: Creative Commons & Text
remix my lit M T: Creative Commons & Text In defining ‘web 2.0,’ Tim O’Reilly espouses the remixing of multiple sources of information, text case studies including the personal, to create rich user experiences (http://radar.oreilly.com/ archives/2005/10/web-20-compact-definition. Aduki Press: Stick This In Your html). Memory Hole 141 Nowhere is user participation in the creation of The Age Blogs 144 meaning more lauded than in the blogosphere. Bloggers are recognised to be among the ANAT Filter 145 first groups truly to embrace the CC scheme, On Line Opinion 148 and remain some of its strongest proponents. As exemplars in this field, Human Resources A New Leaf Media: The Pundit 150 consultant Michael Specht and Malaysian free John Quiggin 152 culture advocate Aizat Faiz build their writings around the desire to foster open source and free Michael Specht 155 content. This advocacy is driven by the desire to cultivate new voices and alternative viewpoints, Mike Seyfang 156 challenging the enduring corporate dominance of Remix My Lit 159 mainstream media, as aided by CC. As blogger Robin Good puts it: Strange Symphonies blog 161 ‘Web 2.0 is turbo-charging our capacity to re-establish this vibrant, participatory, people- Nevertheless, as shown in these case studies, driven, creative culture. But we the use of CC licensing on blogs is not always nevertheless face greater threats uncontroversial. Prominent Australian economist than ever to our cultural liberties, John Quiggin sparked a debate on the value of as corporations in league with CC licences to blogging, when he introduced the legislators dream up new ways licensing on his eponymous blog johnquiggin. -
Creative Commons Licence: an Alternative Solution to Copyright in the New Media Arena
CORE Metadata, citation and similar papers at core.ac.uk Provided by Sydney eScholarship CHAPTER FOURTEEN CREATIVE COMMONS LICENCE: AN ALTERNATIVE SOLUTION TO COPYRIGHT IN THE NEW MEDIA ARENA Chunyan Wang• AN INTRODUCTION TO CREATIVE COMMONS Creative Commons (CC) is a global non-profit organisation that provides free tools, including Creative Commons licenses and software, to enable authors, researchers, artists and educators to easily mark their creative works with the specific intellectual property rights they wish their creative works to carry. The mission of CC is to build a system of balanced intellectual property rights by advocating a ‘some rights reserved’ alternative to the traditional ‘all rights reserved’ system.1 CC is dedicated to building a flexible copyright regime in the face of increasingly restrictive copyright rules. It encourages legal sharing, remixing, and reuse of creative work, and provides a legal platform to spread and build digitally enabled creative culture. Incorporating distributive and legal mechanisms at the same time, CC serves to remedy excessively restrictive intellectual property protection. By promoting a fair and user-friendly structure of intellectual property rights, CC is helping to realise open access to knowledge. • Many thanks to Professor Brian Fitzgerald of Queensland University of Technology and Professor Gao Fuping of East China University of Political Science and Law for inviting me to write this article. Thanks also to Dr Stewart Cheifet of Internet Archive and Professor Jing Wang of MIT for their comments and assistance in writing this article. Additional thanks to Mr Yi Zheng and Mr Fei Yang for their help. 1 Creative Commons <http://creativecommons.org>. -
U6945 Item1-A2 Poster-Prof Lessig-V2
City University Distinguished Lecture Series Speaker Professor Lawrence Lessig Roy L. Furman Professor of Law and Leadership Harvard Law School Democracy — with American characteristics Distinguished Lecture Series on Monday, 8 October 2018 at 4:30 pm at Connie Fan Multi-media Conference Room 4/F Cheng Yick-chi Building City University of Hong Kong Tat Chee Avenue, Kowloon Abstract In this talk, Professor Lessig will describe the peculiar way that the idea of democracy has evolved in America, and the challenge that creates for America and the world. Biography Professor Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School. Prior to returning to Harvard, he taught at Stanford Law School, where he founded the Center for Internet and Society, and at the University of Chicago. Professor Lessig is a founding board member of Creative Commons. He serves on the Scientic Board of AXA Research Fund. A member of the American Academy of Arts and Sciences and the American Philosophical Association, he has received numerous awards, including a Webby, the Free Software Foundation's Freedom Award, Scientic American 50 Award, and the Fastcase 50 Award. Cited by The New Yorker as “the most important thinker on intellectual property in the Internet era,” Professor Lessig has focused much of his career on law and technology, especially as it affects Enquiries: copyright. His current work addresses “institutional corruption”—relationships which, while legal, Ofce of the Vice-President weaken public trust in an institution—especially as that affects democracy. (Research and Technology) His books include: Republic, Lost v2 (2015), Republic, Lost (2011), Remix: Making Art and Tel: 3442 9049 Commerce Thrive in the Hybrid Economy (2008), Code v2 (2006), The Future of Ideas (2001), Fax: 3442 0322 and Code and Other Laws of Cyberspace (1999). -
Found Footage Experience. Pratictices of Cinematic Re-Use and Forms of Contemporary Film
Found Footage Experience. Pratictices of cinematic re-use and forms of contemporary film edited by Rossella Catanese (University of Udine) and Giacomo Ravesi (Roma Tre University) In contemporary visual culture, the polysemy of cinematographic language finds its emblematic manifestation in the various paradigms of image re-use, which contextualises and relocates their functions in new interpretative formulas. The practice of found footage consists of the cinematographic, videographic and artistic practice of appropriation, re-elaboration and re- assembly of pre-existing images retrieved from heterogeneous media archives: from photography to stock footage and from home-movies to TV documentation and the web. One of the attractions of postmodern culture as a form of recycling, re-use and combination of different materials recovered from a past interpreted as a vast reservoir of imagery, found footage keeps its interest alive even in the epistemological trajectories of the so-called “new realism,” where a “society of recording” emerges (Ferraris 2011) in which everything must leave a trace and be archived. Moreover, deconstructionist thought has shown how inheritance should be understood not as a datum but always as a task, since archiving also responds to the need for regulation: preserving documents means imposing an order and establishing control through safeguarding and cataloguing devices. At the same time, audiovisual consumption practices have today become complex and composite forms of reception which rewrite the spectatorial experience and the uses and habits of accessibility, availability and relationship with films and audiovisual materials. The history of cinema is configured as a “visual deposit” (Bertozzi 2012) at the origin of the development of new formal writings and metaphorical processes. -
After Convergence: Youtube and Remix Culture
After Convergence: YouTube and Remix Culture Anders Fagerjord Beyond Convergence In little more than a year, from November 2005 to the autumn of 2006, YouTube became a new media phenomenon. This library of videos uploaded from millions of users is one of the best examples of the complex matrix of new media that are described as convergence (Walther, 2005), convergence culture (Jenkins, 2006) and Web 2.0. (Musser & O’Reilly, 2007). It is complex because the content is unpre- dictable. On YouTube, there are lots of recordings from TV shows and films old and new. Amateur videos of stunts, fiction, parodies and pastiches abound. Professional recordings attempt to market products and artists famous and would-be famous. Regular people put up diary-like recordings of speaking into a camera. Politicians cry for attention in more or less convincing talks, “viral marketing” tries to disguise its commercial message, and fictional diaries pretend to be real. And the declining genre of the music video has found a new life online (Austerlitz, 2007). YouTube is not just a web phenomenon; it is in open contest with broadcast TV. TV shows look to YouTube for newsworthy or entertaining material. As MediaCentre PCs and AppleTVs occupy the place of the TV set and mobile phones are ready to show you YouTube videos wherever you are, YouTube promises to follow you everywhere. YouTube seems to me to be a good example to discuss modern online media with, but first, we need to back up a little. When Nicholas Negroponte resigned from his column in Wired Magazine in 1998, he had written for 6 years about new media technology, and his ideas of what the future will bring. -
Types of Plagiarism & Unoriginal Work
TYPES OF PLAGIARISM & UNORIGINAL WORK The following information was taken from The Plagiarism Spectrum found at turnitin.com Click to Begin #1 CLONE Submitting someone else’s work, word-for-word, as your own. Previous Next CLONE From a survey of 900 secondary and higher education instructors, on a scale of 1-10, cloning ranks 9.5 and is both the most common and most severe type of plagiarism. Frequency 0 1 2 3 4 5 6 7 8 9 10 Previous Next Cloning is intentional plagiarism and includes: using a friend’s paper from a previous class, purchasing a paper from a paper-mill, downloading a paper you found online, and other instances in which you turn in someone else’s work, unaltered, and claim it as your own. Previous Next #2 CTRL-C Containing significant portions of text from a single source with alterations. Previous Next CTRL-C From a survey of 900 secondary and higher education instructors, on a scale of 1-10, Ctrl-c ranks 8.9 and is the second most common type of plagiarism. Frequency 0 1 2 3 4 5 6 7 8 9 10 Previous Next Ctrl-c is a common process in which although you have written some of the assignment and included your own thoughts, there are still significant portions that match up word-for-word to another person’s writing, without citation. This occurs often when you cull “research” from various sources, when in fact all you are doing is cutting- and-pasting various sentences from various sources to create paragraphs. -
Parody and Pastiche
Evaluating the Impact of Parody on the Exploitation of Copyright Works: An Empirical Study of Music Video Content on YouTube Parody and Pastiche. Study I. January 2013 Kris Erickson This is an independent report commissioned by the Intellectual Property Office (IPO) Intellectual Property Office is an operating name of the Patent Office © Crown copyright 2013 2013/22 Dr. Kris Erickson is Senior Lecturer in Media Regulation at the Centre ISBN: 978-1-908908-63-6 for Excellence in Media Practice, Bournemouth University Evaluating the impact of parody on the exploitation of copyright works: An empirical study of music (www.cemp.ac.uk). E-mail: [email protected] video content on YouTube Published by The Intellectual Property Office This is the first in a sequence of three reports on Parody & Pastiche, 8th January 2013 commissioned to evaluate policy options in the implementation of the Hargreaves Review of Intellectual Property & Growth (2011). This study 1 2 3 4 5 6 7 8 9 10 presents new empirical data about music video parodies on the online © Crown Copyright 2013 platform YouTube; Study II offers a comparative legal review of the law of parody in seven jurisdictions; Study III provides a summary of the You may re-use this information (excluding logos) free of charge in any format or medium, under the findings of Studies I & II, and analyses their relevance for copyright terms of the Open Government Licence. To view policy. this licence, visit http://www.nationalarchives.gov. uk/doc/open-government-licence/ or email: [email protected] The author is grateful for input from Dr. -
Andrea Lunsford Videos Plagiarism in the Remix Culture Lunsford Handbooks (Boston: Bedford/St. Martin's). 1/2 00:05
Andrea Lunsford Videos Plagiarism in the Remix Culture 00:05 ["Mark Herrera, Sustainability Major" onscreen] HERRERAR: You've got to give credit where it's due, and I think that you can't just steal people's ideas. 00:13 [ONSCREEN] Plagiarism in the Remix Culture 00:15 LUNSFORD: We do live in a remix culture. 00:17 ["Andrea A. Lunsford, Stanford University" onscreen] LUNSFORD: There's a war going on out there about who's going to have control over this cultural material. Do you want to be a victim of this war, or do you want to get in there and be one of the protagonists or antagonists in this? So I want you to think really carefully about how you are using the work of others. And if you want to pull a clip from a song and you want to mix it in with something you are writing, I want you to think about all of the ethical implications, and I want you to be ready to stand up and say "I'm taking responsibility for this, and I think I should be allowed to do this and here's why." If you can't do that, you'd better not. 01:02 ["Eder Diego, Communication Design Major" onscreen] DIEGO: In the future, I think I could see the paper as being a multimedia thing. When you turn in something, if the professor asks you to do something more than just the paper, you can have your paper and then have some kind of link to a video you might do on that topic.