Dr. © - How I learned to stop worrying and love fair-use licenses

DR. COPYRIGHT or...

How I stoppedWorrying and LoveFair-Use Licenses

André Luíshttp://id.andr3.net@andr3 § me@andr3.net

attribution3.0

Friday, November 12, 2010

who am i?

“Hello, my name is André Luís and I’m a web nerd.”

who am i?

“Hello, my name is André Luís and I’m a web nerd.”

who am i?

I got this thing for sticking my finger in pointy monuments...

who am i?

I work at sapo.pt’s Quality Assurance & Usability Department.

who am i?

Disclaimer: I’m not a lawyer...

why are we here?

consumers

why are we here?

consumers producers

why are we here?

consumers producers

why are we here?

How to consumers copyrighted content.

How to produce copyrighted content.consumers producers

why are we here?

How to consumers copyrighted content.

How to produce copyrighted content.consumers producers

remixers

why are we here?

SO, what is “Copyright”?

As an author and creator of an original work you

have an exclusive set of rights over that work.

You decide how it can be copied.

All rights reservedOnly by your explicit permission.

Some rights reservedImplicit permission, if used under certain conditions.

No rights reservedAnything is allowed.

Copyright does not protect ideas.

Only their expression.

Expiration

publication + 70 years

death + 70 years

Portugal

unpublished

2030 2100

Expiration

publication + 70 years

death + 70 years

Portugal

2010 2080

published

birth death

Expiration

publication + 70 years 95 years!

2023birth death

death + 70 years

Expiration

2023birth death

death + 70 years

Sonny Bono Copyright Extension

Act (1998)

Expiration

2023birth death

death + 70 years

Sonny Bono Copyright Extension

Act (1998)

Copyright Term and the Public Domain in the United States (Cornell Univ.)http://copyright.cornell.edu/resources/publicdomain.cfmhttp://6nom.sl.pt

Validity

✦ Copyright laws vary from country to country.

✦ In 20 countries, you still have to include a copyright notice.

✦ After 1989 in the USA, a copyright notice is optional.

✦ The same work may have different copyright terms(depending on the country).

http://en.wikipedia.org/wiki/List_of_countries'_copyright_lengthhttp://6mu2.sl.pt

Why do we need copyrights?

drivenbyboredom http://6ohv.sl.pt

Royalties

Copyright royalties depend on the nature of the work.

Book authors may or may not sell the copyright to publishers.If not, they receive some percentage (royalties) of the book sales.

Music has its own rules. An author may earn:

✦ royalties from “print rights” (sheet music);✦ mechanical royalties (cd’s, tapes, etc.);✦ performance royalties (performances by bands & artists);✦ synch royalties (movies, ads, etc.).

Must be registered with the Copyright authority to be protected from infringed use.✦ Portugal: SPA (www.spa.pt).✦ USA: Copyright office (copyright.gov).✦ UK: (copyrightservice.co.uk for example).

You find a song or photo you want to use.

There’s no indication of license, so you assume it’s

You contact the owner and ask if you can use it.

“Yes, as long as you pay me a bazillion dollars!”

Example

How to deal with infringement?

People will violate your copyright.

“If a small percentage of one's copyright get's leaked away, well... tough, frankly.”

Stephen Fry inhttp://www.youtube.com/watch?v=l4nj0a9rgzAhttp://6n1r.sl.pt

How to deal withinfringement?

Contact the infringer. Always. If you can solve the issue here, you’ve saved yourself time and money.

Seek legal advice from a specialist. Find an attorney who works with copyright in your area and doesn’t take you an arm and a leg. ;-)

Take the case to a civil court.

How to deal withinfringement?

Get creative!

Get creative tip: Wall of Shame

http://timvandamme.comhttp://6nqa .sl.pt

Get creative tip: Charge them

Dear Independent,

I notice you're using one of my images without any acknowledgement (or permission) on your website, the link is as follows, www.independent.co.uk/news/uk/home-news/snow- in-the-uk-se...

The image is on my Flickr site at the following address and is marked as ©All rights reserved. flickr.com/photos/petezab/4243266763/ I'm assuming this is an oversight; I am quite happy for you to use my image but this is, naturally, subject to the appropriate payment rate. I look forward to your response in due course.

Which license should I use?

You are the master of your work... You decide.

But try not to be overprotective.

morerestrictive

norestrictions

Some rights reserved.(e.g. creative commons, GPL, etc.)

Default for all original works.

All copies by other parties must be explicitly authorized by the owner, preferably by writing.

Some countries (USA) include a set of fair-uses that allow usage of excerpts without any authorization. E.g.: commentary, criticism, news reporting, etc.

Shepard Fairey

Public Domain

Noone/everyone owns the work.

Not covered by intellectual property.

Allows derivatives.

Can’t be claimed or charged.

Suitable for government documentation.

Works turn to Public Domain when copyright expire.

Bliss.

Public Domain

Noone/everyone owns the work.

Not covered by intellectual property.

Allows derivatives.

Can’t be claimed or charged.

Suitable for government documentation.

Works turn to Public Domain when copyright expire.

Bliss.

Some rights reserved.

Licenses define a set of conditions you have to follow to copy the work.

Does not require an explicit authorization.

Conditions might be:✦ No commercial use allowed;✦ Must always acknowledge/attribute to the owner;✦ Whatever you do with the work, must be made available under

similar license (copyleft);✦ Can’t create derivative works.

Creative Commons

byAttribution

Must include attribution somewhere.

ncnoncommercial

Can’t be used commercially,used to make profit.

sashare-alike

Must be available through a similar license. Copyleft.

ndno derivative works

Doesn’t allow creating derivative works.

Creative Commons

byAttribution

Must include attribution somewhere.

ncnoncommercial

Can’t be used commercially,used to make profit.

sashare-alike

Must be available through a similar license. Copyleft.

ndno derivative works

Doesn’t allow creating derivative works.

You can mix these and come up with a tailored license for your content.

Creative Commons

Best of all... it’s searchable!

http://search.creativecommons.orghttp://6nt9.sl.pt

Creative Commons

So, make it findable with rel-license.

<a rel=“license” href=“http://creativecommons.org/licenses/by-nc/3.0/”> this is licensed under cc-by-nc 3.0</a>

Creative Commons

So, make it findable with rel-license.

<a rel=“license” href=“http://creativecommons.org/licenses/by-nc/3.0/”> this is licensed under cc-by-nc 3.0</a>

off topic

Google Rich Snippets testing toolhttp://www.google.com/webmasters/tools/richsnippetshttp://6oic.sl.pt

Creative Commons

adactio http://6og9.sl.pt

Creative Commons

Iron Man and mehttp://adactio.com/journal/1530/http://6ntd.sl.ptadactio http://6og9.sl.pt

Software licenses (overview)

Proprietary software Free & Opensource software

Ownership is transferred to end-user.

Copyright remains with the original copyright holder.

End-user doesn’t have to accept license.

User must accept and respect conditions if he/she wants to benefit from additional rights (besides usage).

Copyleft: derived works must be licensed similarly.

Publisher allows a certain usage (EULA).

Ownership remains with publisher.

End-users must accept the licenses to even use it.

GPLv3 (copyleft & restrictive)

MIT (permissive & compatible with GPL)

BSD (permissive & compatible with GPL)

Each copy must include (or give access) to its source code + license must not be changed or removed, always GPL.

Cannot be used in proprietary software.

Do whatever you want, just don’t say you did all the work or sue previous authors.

You are free to distribute and/or adapt, but the license must always be included.

GPLv3 (copyleft & restrictive)

MIT (permissive & compatible with GPL)

BSD (permissive & compatible with GPL)

Each copy must include (or give access) to its source code + license must not be changed or removed, always GPL.

Cannot be used in proprietary software.

Do whatever you want, just don’t say you did all the work or sue previous authors.

You are free to distribute and/or adapt, but the license must always be included.

Further readinghttp://www.gnu.org/licenses/license-list.htmlhttp://6px5.sl.pt

Copyright onthe web

copyright on the web

Why do you share your works online?articles, essays, photos, videos, music, interviews, etc.

Johnny Lee demos Wii Remote hacks at

http://www.ted.com/talks/lang/eng/johnny_lee_demos_wii_remote_hacks.htmlhttp://6pam.sl.pt

Johnny Lee demos Wii Remote hacks at

http://www.ted.com/talks/lang/eng/johnny_lee_demos_wii_remote_hacks.htmlhttp://6pam.sl.pt

On the web, we create our very own art galleries.

Anything that hits the browser is “stealable”.

Anything that hits the browser is “stealable”.http://www.john-howe.com

http://6ptj.sl.pt

People resort to desperate measures: watermarking.

Photo under cc-by-nchttp://www.flickr.com/photos/andr3/5086257680/http://6ok6.sl.pt

People resort to desperate measures: signature.

André Luís

Photo under cc-by-nchttp://www.flickr.com/photos/andr3/5086259662/http://6p8g.sl.pt

some closing thoughts

Re-use & attribution is the best thing that can happen to your work (apart from being sold).

Why stop re-use altogether because of the non-attributors?

If you have a problem with someone making a profit out of your work, use a non-commercial license. They can still ask for your permission.

If you want to make a name for yourself, artistic-wise, here’s a tip:

✦ Don’t publish all your good stuff on the web.✦ Leave something for the art galleries.✦ But what you do publish on the web, promote re-use, remix

with attribution.

Some role models to follow.

http://www.flickr.com/photos/pedromourapinheiroFriday, November 12, 2010

http://diariodarepublica.fotos.sapo.pt/ ou http://kameraphoto.sapo.pt

http://www.flickr.com/photos/biblarte/Friday, November 12, 2010

your turn.

questions or stories?

André Luíshttp://id.andr3.net@andr3 § me@andr3.net

THE END

attribution3.0

Download this presentation (PDF)http://talks.andr3.net/2010/codebits/copyright.pdfhttp://6pxr.sl.pt

Download this presentation (.key)http://talks.andr3.net/2010/codebits/copyright.keyhttp://6pxt.sl.pt

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