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Remix Culture Tom Tenney http://inc.ongruo.us 11.4.10

Remix culture

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The deck for the presentation on Remix Culture I gave to SVA (School of Visual Arts) grad seminar on 11.04.10.

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Remix Culture

Tom Tenneyhttp://inc.ongruo.us

11.4.10

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What It’s Not

Piracy

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What It’s Not

Piracy

Anti-Copyright

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What It’s Not

Piracy

Anti-Copyright

Plagiarism

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New York TimesFebruary 27, 2010

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New York TimesFebruary 27, 2010

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So What Is It?

• Calls for the restoration of copyright as a contract for a limited monopoly on work so that both artists and culture benefit from creative works.

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So What Is It?

• Calls for the restoration of copyright as a contract for a limited monopoly on work so that both artists and culture benefit from creative works.

• Argues for citizens and consumers to have permission become ACTIVE participants in their culture, that means using it's artifacts in order to comment, critique, create and build upon what has gone before.

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Copyright

A Brief History

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Statute of Anne – England, 1709

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Statute of Anne – England, 1709

AKA The Copyright Act of 1709

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Statute of Anne – England, 1709

AKA The Copyright Act of 1709

AKA An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned.

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Statute of Anne – England, 1709

• First Copyright Statute• Granted publishers legal protection for 14 years, renewable for another 14.• First law to acknowledge authorship, although copyright was primarily a concern for the publishers.

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US Copyright Law

• First law (1790) allowed for 14 years, renewable for another 14.

• Purpose, according to US Constitution, was “to promote the progress of Science and useful Arts, by securing for limited times to authors and inventors, the exclusive Right to their Writings and Discoveries.”

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US Copyright Law

Its purpose was to strike a balance between:

1. Encouraging creativity by giving exclusive rights to creations.

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US Copyright Law

Its purpose was to strike a balance between:

1. Encouraging creativity by giving exclusive rights to creations.

2. Giving the public the freest possible access to creative works and ideas.

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US Copyright Law2 Central Ideas

• Idea/Expression Dichotomy– Copyright Protects an ideas expression, but not

the idea itself.– Codified in 1976: “In no case does copyright

protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”

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US Copyright Law2 Central Ideas

• FAIR USE (Sect. 107)– Also codified in 1976– Provides exception for exclusive rights in certain

cases.– “For purposes such as criticism, comment, news

reporting, teaching, scholarship, or research.”

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US Copyright Law2 Central Ideas

• FAIR USE (Sect. 107)– Fair use is judged by certain criteria:1. Purpose and Character of Use (commercial

or educational/nonprofit)2. Nature of copyrighted work3. Portion used in relation to work as a whole.4. Effect of the use on potential market for the

work.

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US Copyright LawKey Changes since 1790

• 1831 – 28 years with 14-year renewal

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US Copyright LawKey Changes since 1790

• 1831 – 28 years with 14-year renewal• 1909 – 28 years with 28-year renewal

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US Copyright LawKey Changes since 1790

• 1831 – 28 years with 14-year renewal• 1909 – 28 years with 28-year renewal• 1976 – 75 years (corporate) or life of author +

50 years

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US Copyright LawKey Changes since 1790

• 1831 – 28 years with 14-year renewal• 1909 – 28 years with 28-year renewal• 1976 – 75 years (corporate) or life of author +

50 years• 1998 – Sonny Bono Copyright Extension Act

– Life of author + 75 years or:– Corporate Authorship: 120 years after creation or

95 years after publication

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US Copyright LawKey Changes since 1790

And Finally….

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US Copyright LawKey Changes since 1790

The Digital Millennium Copyright Act

(1998)

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US Copyright LawKey Changes since 1790

The Digital Millennium Copyright Act2 Major Provisions

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US Copyright LawKey Changes since 1790

The Digital Millennium Copyright Act2 Major Provisions

1. Anti-Circumvention:Criminalizes production of any technologies which interfere with Digital Rights Management (DRM)

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US Copyright LawKey Changes since 1790

The Digital Millennium Copyright Act2 Major Provisions

1. Anti-Circumvention:Criminalizes production of any technologies which interfere with Digital Rights Management (DRM)

2. Infringement Liability Limitation:Creates safe harbor for service providers (OSPs, ISPs)Who respond to takedown notices from copyright holders. (Also provides for counter-notification, although this is often not in the OSP’s interest)

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Roots of Remix:Appropriation in Art, Film, and Music

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Roots of Remix:Every major school of art, and (arguably) every artist, has used creative appropriation in some form in creating their work.

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Roots of Remix:DADA:

John Heartfield Hanna Hoch Marcel Duchamp

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Roots of Remix:POP:

Roy Lichtenstein Andy Warhol Tom Wesselmann

For more examples, watch this short video

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Roots of Remix:Film: 1928

Steamboat Bill, Jr. Steamboat Willie

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Roots of Remix:Film: 1936

Joseph Cornell: Rose Hobart (clip)

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Roots of Remix:Film: 2010

Sex & The Remix Helping Johnny Remember

Elisa Kreisinger Ashleigh Nankivell

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Roots of Remix:Film: 2010

Kenneth Tin-Kin Hung: In G.O.D. We Trust

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Roots of Remix:Music: 1991

Negativland: U2

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Roots of Remix:Music: Hip-Hop/Sampling

DJ Kool Herc

• Jamaica Bronx, 1967

• Brought “versioning” from Jamaica

• Pioneered looping Break Beats at block parties

• Birth of Rap (Party MCs) and B-boys/B-girls (aka break dancers)

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Roots of Remix:Music: Hip-Hop/Sampling

Grandmaster Flash

• 1981: “The Adventures of Grandmaster Flash on the Wheels of Steel”

• First documented use of ‘scratching’

• The single sampled:• “Rapture” (Blondie)• “Apache” (Michael Viner)• “Another One Bites the Dust”

(Queen)• “Good Times” (Chic)• “Freedom” (The Furious Five)

Listen

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Roots of Remix:Music: Hip-Hop/Sampling

The Beastie Boys

• 1989: “Paul’s Boutique”

• Record contained 105 samples

• 24 Samples on the last track alone

Listen

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Roots of Remix:Music: Hip-Hop/Sampling

2 Landmark Cases

1989: 2 Live Crew 1991: Biz Markie

“Pretty Woman” “Alone Again”

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Roots of Remix:Music: Hip-Hop/Sampling

2 Landmark Cases: Rulings

2 Live Crew

Biz Markie

Campbell vs. Acuff-Rose Music

The Supreme Court found that the song was parody, and thus protected under fair use.

Grand Upright Music vs. Warner Bros. RecordsUS District Court found that the song infringed the original artist’s copyright, and ordered that all future music samples be cleared for use before publishing.

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Roots of Remix:Music: Hip-Hop/Sampling

2010: Girl Talk

• Music is comprised almost entirely of samples.

• His 2008 album “Feed the Animals” has a total of 322 samples

• Offers his records online on a “pay-what-you-like” basis.

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AUTHORSHIP

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Remix Culture Today

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Remix Culture Today

Lawrence Lessig

www.lessig.org

Books:

• Remix (2008)

• Free Culture (2005)

• The Future of Ideas (2002)

• Code (2000)

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Remix Culture Today

Cory Doctorow

www.craphound.comwww.boingboing.net

Books:

• Content (2008)

• For the Win (2010)

• Makers (2009)

• Down & Out in the Magic Kingdom (2003)

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Remix Culture Today

Henry Jenkins

www.henryjenkins.org

Books:

• Convergence Culture (2008)

• Fans, Bloggers & Gamers (2006)

• The Wow Climax (2006)

• Textual Poachers (1992)

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Remix Culture Today

A nonprofit organization working to increase the amount of creativity (cultural, educational, and scientific content) in “the commons” — the body of work that is available to the public for free and legal sharing, use, repurposing, and remixing.

Creative Commons

www.creativecommons.org

• License Your Work

• Find Licensed Work

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Remix Culture Today

• Founded in 1990

• Coalition of lawyers, analysts, activists and technologists

• Actively defends:• Free Speech• Privacy• Innovation• User Rights

Electronic Frontier Foundation

www.eff.org

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Remix Culture Today

Open Video Alliance – openvideoalliance.org•A coalition of organizations and individuals devoted to free and open technologies, policies and practices in online video.

•Holds Open Video Conference every year

Organization for Transformative Workstransformativeworks.org

• A nonprofit organization run by and for fans to provide access to and preserve the history of fan works and fan culture.

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Remix Culture Today

RE/Mixed Media Festival 2011

• Musicians

• Painters

• Photographers

• Filmmakers

• Sound Artists

• Fashion

Spring, 2011

www.remixedmedia.org

www.lofinyc.org (2010 site)

[email protected]