(s) CINE 230 Spring 2016 Tuesday & Thursday 4PM-5:50PM: Straub Hall #156 "As we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours; and this we should do freely and generously" ~Ben Franklin “No one possesses the less because everyone possesses the whole of it. He who receives an idea from me receives [it] without lessening [me], as he who lights his [candle] at mine receives light without darkening me.” ~Thomas Jefferson INSTRUCTOR INFORMATION: Dr. André Sirois aka DJ food stamp aka The Real Dr. dRé™ Office: 263 Knight Library Office Hours: Monday 1:30PM-4PM, and by appointment Email: asirois [at] uoregon [dot] edu Phone: 207-251-2339 (my cell, call ONLY if it is an emergency)

Course Blog Course Facebook Group CONTACTING ME BY EMAIL: For any questions or concerns regarding this class or its assignments, feel free to email me at any time: asirois [at] uoregon [dot] edu. However, it is very important that you write “CINE 230” followed by anything else in the subject space so that I don't miss the email.

CATALOG DESCRIPTION:

Study of issues surrounding media production and consumption in relation to laws in modern society. COURSE DESCRIPTION: With the advent of digital content creation, publishing, distribution, and sharing via the , consumers—and specifically college students—are simultaneously the producers of and infringers upon intellectual properties. Given this precarious state between creator and “criminal,” this class is explores how our creative worlds are a remix and how the concept of the remix interacts with American intellectual property (IP) laws. As a group-satisfying Social Sciences course, students will actively and critically engage consumer to understand how collaborative efforts (like those required to produce the media at the center of the Cinema Studies major) are governed by laws that typically value and reward a singular author/genius. By understanding the industrial structures of media early in your undergraduate career, the course introduces many of the key issues, perspectives, and modes of analysis employed by Cinema scholars.

Remix Culture(s) is a class that is predicted on the notion that all ideas are and have been a remix of those great ideas that have preceded them, and that those ideas will continue to be remixed well into the future. Thus, we will explore the remix as a philosophical, aesthetic, economic, and cultural phenomenon.

1 Historical and important films that we study in Cinema Studies were often of popular plays, those plays were often remixes of popular , and those books were the remix of oral folk stories. And, the "ideas" that underlie these works are used and recycled in popular media to this day. While we typically think of remixing as a subcultural practice, in this course we will also consider how multinational media companies make millions (if not billions) by remixing their own stories and ideas, as well as and folk artworks. We will also consider how inventions are the biproduct of remixing. Lastly, we ask how our everyday practices can be remix practices, as well as consider the legal and economic implications of our actions. While we will look at the value of remixing to the cultural and technology industries, we will also analyze the value that intellectual property and the laws that protect it have in American society and economy. Given that intellectual property accounts for an estimated 35% of American GDP and over 50% of American exports, we will explore how corporations have impacted intellectual property laws, the discourse surrounding IP and “piracy,” and therefore cultural practice. Given the importance of IP to American industries, in this class we will look at how IP laws, licensing, innovation and actually function in a practical manner (i.e. how licensing works in the industry or industry). Thus, this course will deconstruct the relationship between politics and economics in both contemporary society and over the course of American history. This sort of political economic analysis will also play into how we frame America's influence on global intellectual property laws and economies. The premise that we live in a remix culture, then, undermines the notion of the individual genius and originality that is fostered in "post-industrial" society through intellectual property laws that control the flow of ideas. Thus, Remix Culture(s) explores the aesthetics, values, and practices of various remix : from digital sampling in music to fan to music/film downloading to media corporations franchising/remaking to movements, etc.. And, most importantly, the course explores how these cultures are impacted by and impact , patent, and trademark laws. Beyond that, students will learn how their own media consumption and production practices function within and around these laws and how they fit into the matrix of Remix Culture(s). We will also explore how laws that limit and expand remix cultures encourage and impinge upon free speech/innovation/creativity. Lastly, this course will introduce students to the , which is a copyright system intended to align itself with content behaviors enabled by the Internet and one that encourages remix cultures. EXPECTED LEARNING OUTCOMES:

 Students will evaluate how U.S. intellectual property laws impact various remix cultures and explore how ideas can be monetized.  Students will explore the nature of innovation and analyze the various ways in which creativity and invention occur in the social world.  Students will be able to demonstrate knowledge of U.S. intellectual property laws and be able to apply these laws, concepts, and legislations to their media consumption and production behaviors. They will be able to apply legal knowledge to cultural practice.  Students will be able to navigate and utilize works in the Creative Commons correctly, understand how CC licenses work, and be able to contribute artistic expressions to the Creative Commons.

DISCLAIMER: This is not a law class. The information you are presented with in this class is not to be taken

2 or given as legal advice. Intellectual property laws are inherently and intentionally vague, open for interpretation, and worded problematically. Unless you have permission from the rights holder (whether it be written permission or adhering to a ) or have licensed the intellectual property, unauthorized uses of intellectual property may be considered illegal and be punishable by law.

WORKLOAD: Most of the outside work for this class is reading, viewing short films relevant to those readings and class topics, and studying for exams. On non-exam weeks you should expect to spend 6-8 hours reading and/or viewing. On exam weeks the reading load should be 3-5 hours, but for success on the exams you should plan on AT LEAST 10 hours of study time. Out of class readings and viewings will be important for you to do before class because these topics will be addressed in lectures and our in-class discussions. I may also ask you to complete small, out-of-class exercises to help prepare you for class. GRADES: Exam #1: 30% Exam #2: 30% Exam #3: 30% Attendance/Participation: 10%

***I will try and have all exams graded and handed back to you 5-7 days after submission and will try and have them available via Canvas. Grades are as follows: A=94-99; A-=90-93; B+=87-89; B=84-86; B-=80-83; C+=77-79; C=74-76; C-=70-73; D+=67-69; D=64-66; D-=60- 63; F=59 and below. I DO NOT give A+ grades (they don't exist on a 4.0 scale), nor do I give students a 100% (you can ALWAYS do 1% better).

ASSIGNMENTS: ***Late assignments will NOT be accepted UNLESS you have prior consent from me, and that consent will come in rare, dire instances. Exam #1 (30%): Thursday April 21 st This exam will cover all the in-class discussions, guest lectures, films, and outside readings and viewings from March 29 through April 14. Exam questions will be a combination of 50 multiple choice and true/false. (*Please note, you will not be tested on reading material that is not specifically discussed in class. I will also give you a review guide 5-7 days prior to the exam.) Exam #2 (30%): Thursday May 12 th This exam will cover all the in-class discussions, guest lectures, films, and outside readings and viewings from April 19 through May 5th. Exam questions will be a combination of 50 multiple choice and true/false. (*Please note, you will not be tested on reading material that is not specifically discussed in class. I will also give you a review guide 5-7 days prior to the exam.) Exam #3 (30%): Thursday June 9 th at 12:30PM This exam will cover all the in-class discussions, guest lectures, films, and outside readings and viewings from May 10 through June 2. Exam questions will be a combination of 50 multiple choice and true/false. (*Please note, you will not be tested on reading material that is not specifically discussed in class. I will also give you a review guide 5-7 days prior to the exam.) Attendance/ Participation (10%): This is simple. For each class you miss you will be docked

3 .5%. This is how you are graded “objectively” in respect to participation. (See below for my policy on unexcused absences.) ATTENDANCE: Attendance for this class is mandatory!!! An unexcused absence will cost you .5% of your final grade. You can make up for missed classes by participating in a relevant manner when you are in the class. 5 or more unexcused absences will result in losing all your Attendance and Participation points, which is 10% of your grade. (So, you can miss 4 classes w/out excuse and w/out major penalty.)

REQUIRED TEXTS: There are several required texts for this class; all are available for download one the course blog and elsewhere (i.e. links on this syllabus). Other chapters, articles, , and podcasts will be distributed through the course blog as well. You WILL be held accountable for these materials, which will be discussed in class and included in the exams.

 Lessig, Lawrence. 2008. Remix: Making and commerce thrive in the hybrid economy. New York: The Penguin Press. (***download here as this book is licensed under Creative Commons)

 Lessig, Lawrence. 2005. Free culture: The nature and future of creativity. New York: Penguin. (***download here as this book is licensed under Creative Commons)

 McLeod, Kembrew. 2005. Freedom of expression: Overzealous copyright bozos and other enemies of creativity. New York: Doubleday. (***download here as this book is licensed under Creative Commons)

 Mason, Matt. 2008. The pirate’s dilemma: How youth culture is reinventing capitalism. New York: Free Press. (***download here)

***Other readings and out of class viewings will be posted on the course blog on the Readings/Viewings page. ***Please see the Valuable Resources page on the course blog for a full list of books, films, journal articles, etc. that may be helpful in your education on the issues we address in class. SCHEDULE: ***note that this schedule is subject to change and I will be adding or moving readings around. The up-to-date schedule will be here on the Readings/Viewings page on the blog. Date Topic Readings/Viewings In-class Viewings Due (to be completed before class) 3/29 Intro, Review None Everything is a None Syllabus, and Remix Everything is a Remix 3/31 Intellectual Property Read: none Basics; What is a *Lessig (Remix) 23-51 Remix?

4 *A History of Copyright in 4/5 Copyright Basics: Read: none *Over the Concept, weekend Philosophy, and *Vaidhyanathan 17-34 spend 1-3 History hours and *This Copyright Flow make a list of Chart how many intellectual properties you consume or are exposed to. 4/7 Copyright in Modern Read: None None Society and the Values of the Remix *Appropriart comic

*Lessig (Remix) 53-82 4/12 Trademark Basics Read: None None *Trademark Law Basics

*Read this short guide to U.S. Trademark law

*Read this short guide to registering a trademark 4/14 Trademark: Read: None None and *Bollier 83-130 Free Speech 4/19 UO®, the Duck, and Read: None *Come up I Love My Ducks™ * The History of the with 2 with Matt Dyste, UO Duck at UO questions for Brand Management Matt Dyste Director * “No longer ducks of a about UO feather Disney agrees trademarks, their fowl isn’t UO’s licensing, mascot” branding, or commercial * “The Last Quack: The filming on University of Oregon’s campus. IP Battle with Internet Sensation Supwitchugir” * “TRADING ON TRACK TOWN: The University of Oregon has quietly applied for a

5 trademark for the ‘Track Town U.S.A.’ label” 4/21 Exam 1 None, study for the None *Exam 1: exam Materials from 3/29- 4/14 4/26 Patent Basics: Read: None None Innovation and Patent Trolls *An Introduction to U.S. Patents View: *TED Talk: Charles Leadbeater on Innovation Listen: *This American Life podcast : Patent Trolls 4/28 Patent and Remixing Read: Patent Absurdity none the Past; Licensing Basics * “The Patent Problem” in Wired View: *Licensing Your IP Part 1 and Part 2 *Intellectual Property: Licensing by the Kauffman Founders School *This on licensing

*5 minute interview w/ Technicolor’s head of licensing 5/3 , Legal Read: None None Appropriation, and *Lessig (Remix) 84-116 *Lessig Fair Use Elaborated *Measuring Fair Use: The Four Factors *Look through Summaries of Fair Use Cases

6 View: *TED Talk: Larry Lessig On Laws that Choke Creativity 5/5 Piracy and Read: TPB AFK: The None Unauthorized Uses *Mason (Pirate’s Pirate Bay Away Dilemma) 9-68 From Keyboard by Simon Close View: *Matt Mason The Pirate’s Dilemma

*TED Talk: Rob Reid’s Copyright Math 5/10 Making and Read: Selections from None Documentaries Freedom of Legally *Selected from Expression Decherney (TBD)

*Documentary Filmmakers’ Statement of Best Practices in Fair Use 5/12 Exam 2 None, study for the None *Exam 2: exam Materials from 4/19- 5/5 5/17 The Economics and Read: Copyright None Problematic of *How to Make a Criminals by Ben Sampling in Music Documentary About Franzen and Sampling–Legally by Kembrew McLeod Kembrew McLeod (a short article by Kembrew on how he made the documentary we watch in class)

*McLeod (Creative License) 75-127 5/19 Sampling, Licensing Read: None None and Appropriation in *McLeod (Creative Other Cultural License) 75-127 Industries * Jay-Z Versus the Sample Troll: The shady one-man corporation that’s destroying hip-hop by Tim Wu

7 View: *TED Talk: Johanna Blakley: Lessons from fashion’s free culture 5/24 The Public Domain: Read: None None Sampling and Appropriating Our *Tales from the Public Past Domain by Keith Aoki, James Boyle, and Jennifer Jenkins 5/26 Vidding, Read: RIP: A Remix None and Remix as *McLeod, (Freedom) Manifesto Ideology 115-137

*Mason (Pirate's Dilemma) 68-103 *Selected from Jenkins (TBD) Watch: These short documentaries on Vidding 5/31 Creative Commons Read: None None and Open Source *Lessig (Remix) 143- 185

Watch: TED talk by , The New Open Source Economies 6/2 , Read: TBD None Street Art and Free *McLeod, (Freedom) Speech 137-170

*Mason (Pirate's Dilemma 103-133)

*Lessig (Remix) 253- 271 *Article on Graff and Copyright (TBD) Thursday Final Exam, None, study for exam None *Exam 3: June 9 12:30PM in Straub Materials #156 from 5/10- 6/2

8 COURSE POLICIES:

1. Please no laptops! If you NEED a laptop for note-taking purposes or special needs, please see me. To be honest, it's the sound of key typing that totally distracts and derails me. 2. Please turn off all cell phones and PUT THEM AWAY! I mean, do I even have to say this?! If you need to be by the phone for emergency purposes, please let me know in advance. Using your phone in class is disrespectful; your Instagram and Facebook and Snapchatting and Tweeting can wait until after class. If I see you on your phone I will stop talking and stare at you and everybody will see and it will be embarrassing. Ahahahahaha. 3. Please be on time. Showing up late is a distraction to your peers and to myself. 4. Class ends at 5:50…no earlier. Most likely we can end early. Please pack up you gear once class is over and not before. 5. Most importantly, respect everybody! This includes fellow students and me, and obviously you respect yourself by participating and being open to different opinions. This class is discussion-based from the provided materials and my lectures; thus your voices are vital.

ACADEMIC MISCONDUCT: Do I really have to say that cheating is bad? Your parents should have taught you that. Well, we live in a digital era where “stealing” other peoples’ ideas and words is easy (and tempting). However, this is only illegal if you take credit for the words/ideas without citing the authors from whom they originate. As much as Google allows students to borrow, steal, and cheat, it also is a GREAT tool for helping teachers to catch those same acts. Thus (so you know) academic misconduct includes cheating, plagiarizing, fabrication, and deliberately interfering with the work of others. Plagiarizing means representing the thoughts, words, or images crafted by someone else as your own. Misconduct includes tampering with grades, theft of tests, or using other students’ files. Fabrication includes the creation of sources and information that are not real. Academic dishonesty can result in a failing grade for the assignment and/or the course thus resulting in disciplinary action at the university level, including academic suspension. If you ever question your actions or writing then cite and/or clarify with me.

SPECIAL NEEDS: Please see me about any physical or learning disabilities so that I may accommodate you.

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