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DR. COPYRIGHT or... How I stopped Worrying and Love Fair-Use Licenses André Luís http://id.andr3.net @andr3 § [email protected] attribution 3.0 Friday, November 12, 2010

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

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Page 1: 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 § [email protected]

attribution3.0

Friday, November 12, 2010

Page 2: Dr. © - How I learned to stop worrying and love fair-use licenses

who am i?

Friday, November 12, 2010

Page 3: Dr. © - How I learned to stop worrying and love fair-use licenses

“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.”

Friday, November 12, 2010

Page 4: Dr. © - How I learned to stop worrying and love fair-use licenses

who am i?

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

Friday, November 12, 2010

Page 5: Dr. © - How I learned to stop worrying and love fair-use licenses

who am i?

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

Friday, November 12, 2010

Page 6: Dr. © - How I learned to stop worrying and love fair-use licenses

who am i?

Disclaimer: I’m not a lawyer...

Friday, November 12, 2010

Page 7: Dr. © - How I learned to stop worrying and love fair-use licenses

So...

Friday, November 12, 2010

Page 8: Dr. © - How I learned to stop worrying and love fair-use licenses

why are we here?

Friday, November 12, 2010

Page 9: Dr. © - How I learned to stop worrying and love fair-use licenses

consumers

why are we here?

Friday, November 12, 2010

Page 10: Dr. © - How I learned to stop worrying and love fair-use licenses

consumers producers

why are we here?

Friday, November 12, 2010

Page 11: Dr. © - How I learned to stop worrying and love fair-use licenses

consumers producers

?

why are we here?

Friday, November 12, 2010

Page 12: Dr. © - How I learned to stop worrying and love fair-use licenses

How to consumers copyrighted content.

How to produce copyrighted content.consumers producers

why are we here?

Friday, November 12, 2010

Page 13: Dr. © - How I learned to stop worrying and love fair-use licenses

How to consumers copyrighted content.

How to produce copyrighted content.consumers producers

remixers

why are we here?

Friday, November 12, 2010

Page 14: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

Friday, November 12, 2010

Page 15: Dr. © - How I learned to stop worrying and love fair-use licenses

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.

Friday, November 12, 2010

Page 16: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

All rights reservedOnly by your explicit permission.

Some rights reservedImplicit permission, if used under certain conditions.

No rights reservedAnything is allowed.

Friday, November 12, 2010

Page 17: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

Copyright does not protect ideas.

Only their expression.

Friday, November 12, 2010

Page 18: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

Expiration

birth

publication + 70 years

death + 70 years

Portugal

unpublished

death

2030 2100

Friday, November 12, 2010

Page 19: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

Expiration

publication + 70 years

death + 70 years

Portugal

2010 2080

published

birth death

Friday, November 12, 2010

Page 20: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

Expiration

publication + 70 years 95 years!

1928

USA

2023birth death

death + 70 years

1998

Friday, November 12, 2010

Page 21: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

Expiration

publication + 70 years 95 years!

1928

USA

2023birth death

death + 70 years

Sonny Bono Copyright Extension

Act (1998)

1998

Friday, November 12, 2010

Page 22: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

Expiration

publication + 70 years 95 years!

1928

USA

2023birth death

death + 70 years

Sonny Bono Copyright Extension

Act (1998)

1998

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

Friday, November 12, 2010

Page 23: Dr. © - How I learned to stop worrying and love fair-use licenses

SO, what is “Copyright”?

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

Friday, November 12, 2010

Page 24: Dr. © - How I learned to stop worrying and love fair-use licenses

Why do we need copyrights?

Friday, November 12, 2010

Page 25: Dr. © - How I learned to stop worrying and love fair-use licenses

drivenbyboredom http://6ohv.sl.pt

Friday, November 12, 2010

Page 26: Dr. © - How I learned to stop worrying and love fair-use licenses

Why do we need copyrights?

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).

Friday, November 12, 2010

Page 27: Dr. © - How I learned to stop worrying and love fair-use licenses

Why do we need copyrights?

You find a song or photo you want to use.

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

copyrighted, thus “All rights reserved”.

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

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

Example

Friday, November 12, 2010

Page 28: Dr. © - How I learned to stop worrying and love fair-use licenses

How to deal with infringement?

Friday, November 12, 2010

Page 29: Dr. © - How I learned to stop worrying and love fair-use licenses

How to deal with infringement?

People will violate your copyright.

Friday, November 12, 2010

Page 30: Dr. © - How I learned to stop worrying and love fair-use licenses

How to deal with infringement?

People will violate your copyright.

Friday, November 12, 2010

Page 31: Dr. © - How I learned to stop worrying and love fair-use licenses

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.”

Friday, November 12, 2010

Page 32: Dr. © - How I learned to stop worrying and love fair-use licenses

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

Friday, November 12, 2010

Page 33: Dr. © - How I learned to stop worrying and love fair-use licenses

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.

1

2

3

Friday, November 12, 2010

Page 34: Dr. © - How I learned to stop worrying and love fair-use licenses

How to deal withinfringement?

Or...

Get creative!

;-)

Friday, November 12, 2010

Page 35: Dr. © - How I learned to stop worrying and love fair-use licenses

Get creative tip: Wall of Shame

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

Friday, November 12, 2010

Page 36: Dr. © - How I learned to stop worrying and love fair-use licenses

Get creative tip: Wall of Shame

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

Friday, November 12, 2010

Page 37: Dr. © - How I learned to stop worrying and love fair-use licenses

Get creative tip: Wall of Shame

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

Friday, November 12, 2010

Page 38: Dr. © - How I learned to stop worrying and love fair-use licenses

Get creative tip: Wall of Shame

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

Friday, November 12, 2010

Page 39: Dr. © - How I learned to stop worrying and love fair-use licenses

Get creative tip: Wall of Shame

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

Friday, November 12, 2010

Page 40: Dr. © - How I learned to stop worrying and love fair-use licenses

Get creative tip: Wall of Shame

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

Friday, November 12, 2010

Page 41: Dr. © - How I learned to stop worrying and love fair-use licenses

Get creative tip: Charge them

Friday, November 12, 2010

Page 42: Dr. © - How I learned to stop worrying and love fair-use licenses

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.

Friday, November 12, 2010

Page 43: Dr. © - How I learned to stop worrying and love fair-use licenses

Which license should I use?

Friday, November 12, 2010

Page 44: Dr. © - How I learned to stop worrying and love fair-use licenses

Which license should I use?

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

But try not to be overprotective.

Friday, November 12, 2010

Page 45: Dr. © - How I learned to stop worrying and love fair-use licenses

Which license should I use?

© All rights reserved. Public domain.

morerestrictive

norestrictions

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

Friday, November 12, 2010

Page 46: Dr. © - How I learned to stop worrying and love fair-use licenses

Which license should I use?

© All rights reserved.

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.

Friday, November 12, 2010

Page 47: Dr. © - How I learned to stop worrying and love fair-use licenses

Friday, November 12, 2010

Page 48: Dr. © - How I learned to stop worrying and love fair-use licenses

Copyright © 2010 Mannie Garcia / Associated Press. Used without permission.

Friday, November 12, 2010

Page 49: Dr. © - How I learned to stop worrying and love fair-use licenses

Copyright © 2010 Mannie Garcia / Associated Press. Used without permission.

Shepard Fairey

Friday, November 12, 2010

Page 50: Dr. © - How I learned to stop worrying and love fair-use licenses

threadless! http://6oil.sl.pt Copyright © 2010 Threadless! inc. Used with permission.

Friday, November 12, 2010

Page 51: Dr. © - How I learned to stop worrying and love fair-use licenses

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.

Which license should I use?

Friday, November 12, 2010

Page 52: Dr. © - How I learned to stop worrying and love fair-use licenses

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.

Which license should I use?

Friday, November 12, 2010

Page 53: Dr. © - How I learned to stop worrying and love fair-use licenses

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.

Which license should I use?

Friday, November 12, 2010

Page 54: Dr. © - How I learned to stop worrying and love fair-use licenses

Friday, November 12, 2010

Page 55: Dr. © - How I learned to stop worrying and love fair-use licenses

Which license should I use?

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.

Friday, November 12, 2010

Page 56: Dr. © - How I learned to stop worrying and love fair-use licenses

Which license should I use?

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.

Friday, November 12, 2010

Page 57: Dr. © - How I learned to stop worrying and love fair-use licenses

Which license should I use?

Creative Commons

Best of all... it’s searchable!

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

Friday, November 12, 2010

Page 58: Dr. © - How I learned to stop worrying and love fair-use licenses

Creative Commons

So, make it findable with rel-license.

Which license should I use?

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

Friday, November 12, 2010

Page 59: Dr. © - How I learned to stop worrying and love fair-use licenses

Creative Commons

So, make it findable with rel-license.

Which license should I use?

<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

Friday, November 12, 2010

Page 60: Dr. © - How I learned to stop worrying and love fair-use licenses

Creative Commons

Which license should I use?

adactio http://6og9.sl.pt

Friday, November 12, 2010

Page 61: Dr. © - How I learned to stop worrying and love fair-use licenses

Creative Commons

Which license should I use?

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

Friday, November 12, 2010

Page 62: Dr. © - How I learned to stop worrying and love fair-use licenses

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.

Which license should I use?

Friday, November 12, 2010

Page 63: Dr. © - How I learned to stop worrying and love fair-use licenses

Software licenses (overview)

Proprietary software Free & Opensource software

Which license should I use?

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.

Friday, November 12, 2010

Page 64: Dr. © - How I learned to stop worrying and love fair-use licenses

Software licenses (overview)

Proprietary software Free & Opensource software

Which license should I use?

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

Friday, November 12, 2010

Page 65: Dr. © - How I learned to stop worrying and love fair-use licenses

Copyright onthe web

Friday, November 12, 2010

Page 66: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

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

Friday, November 12, 2010

Page 67: Dr. © - How I learned to stop worrying and love fair-use licenses

Johnny Lee demos Wii Remote hacks at

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

cbnd

Friday, November 12, 2010

Page 68: Dr. © - How I learned to stop worrying and love fair-use licenses

Johnny Lee demos Wii Remote hacks at

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

cbnd

Friday, November 12, 2010

Page 69: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

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

Friday, November 12, 2010

Page 70: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

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

Friday, November 12, 2010

Page 71: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

Anything that hits the browser is “stealable”.

Friday, November 12, 2010

Page 72: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

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

http://6ptj.sl.pt

Friday, November 12, 2010

Page 73: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

People resort to desperate measures: watermarking.

Friday, November 12, 2010

Page 74: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

People resort to desperate measures: watermarking.

Friday, November 12, 2010

Page 75: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

People resort to desperate measures: watermarking.

fake

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

Friday, November 12, 2010

Page 76: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

People resort to desperate measures: signature.

Friday, November 12, 2010

Page 77: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

People resort to desperate measures: signature.

André Luís

Friday, November 12, 2010

Page 78: Dr. © - How I learned to stop worrying and love fair-use licenses

copyright on the web

People resort to desperate measures: signature.

André Luís

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

fake

Friday, November 12, 2010

Page 79: Dr. © - How I learned to stop worrying and love fair-use licenses

some closing thoughts

Friday, November 12, 2010

Page 80: Dr. © - How I learned to stop worrying and love fair-use licenses

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 closing thoughts

Friday, November 12, 2010

Page 81: Dr. © - How I learned to stop worrying and love fair-use licenses

Some role models to follow.

some closing thoughts

Friday, November 12, 2010

Page 82: Dr. © - How I learned to stop worrying and love fair-use licenses

Some role models to follow.

some closing thoughts

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

Page 83: Dr. © - How I learned to stop worrying and love fair-use licenses

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

Friday, November 12, 2010

Page 84: Dr. © - How I learned to stop worrying and love fair-use licenses

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

Page 85: Dr. © - How I learned to stop worrying and love fair-use licenses

http://www.sqlite.org/copyright.htmlFriday, November 12, 2010

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your turn.

questions or stories?

Friday, November 12, 2010

Page 87: Dr. © - How I learned to stop worrying and love fair-use licenses

André Luíshttp://id.andr3.net@andr3 § [email protected]

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

Friday, November 12, 2010