Reading and audio summary:
Collins, S. (2008). Recovering fair use. M/C Media Culture, 11(6). Retrieved from http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/105
- The article highlights ‘Fair Use’, especially when it comes to the Internet and use of digital media.
- Collins argues that ‘Fair Use’ is vital to ensure cultural creativity.
- Copyright dates back to the 18th century. During this time period copyright was not that restrictive than today.
- In 1740, Justice Storey brought forth ‘Fair Use’ principles. He is seen as the pioneer in the doctrine of ‘Fair Use’.
- People have to adhere to the Copyright Act of 1976.
- Collins (2008) implies that within the Copyright Act of 1976, the ‘Fair Use’ clause provides leniency towards creative works.
- Web 2.0 technologies brought forth an enormous amount of public creativity. Many of these public creations are in the form of mashups (taken from copyrighted material).
- It is mentioned that owners of copyright should be more lenient towards ‘Fair Use’, and they should introduce “a good faith belief”.
- I have to agree with Lessig, McLeod and Vaidhyanthan (as cited in Collins, 2008) that “Free culture proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy”.
Lessig, L. (2007, November). Laws that choke creativity [Video file]. Retrieved from
http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html
- The video focuses on user-based content and how it is used and created (remixed) in today’s society.
- I have to agree with Lessig, the current laws inhibit the public from creating their own unique material or media.
- I have found the John Philip Suza’s (1906) example in regard to the “talking machines” [infernal machines] very interesting. People were afraid of new technologies and the consequences thereof. Suza argued that the “talking machines” would impact the voice of the people.
- During the 20th century the read-write culture shifted to a read only culture.
- Lessig’s second example of Lord Gladstone’s (1945) principle about land ownership was also fascinating. Back then people did not only owned the land they lived on, but also part of the sky.
- People began to argue that aircraft can be seen as trespassers when they fly over their property. The court ruled out that “common sense” should prevail. The sky does not belong to the landowner.
- The third example Lessig talks about is broadcasting. The broadcasting of popular music was controlled by ASCAP in the 1930s.
- However, the broadcasters all came together and decided that ASCAP’s control should be stopped.
- In 1939, Sydney Kaye started the company BMI (Broadcast Music Incorporated), which provided music for free to their subscribers.
- Ironically, when ASCAP decided to increase their rates in 1940, most of their subscribers joined BMI. As a result, ASCAP no longer had the sole ownership of music broadcasting.
- I have to add that the Internet has changed the way people perceive and create culture.
- Lessig shows examples were youth created and/or remixed their own cultures; changing the meaning of the original media.
- In my opinion, the George Bush and Tony Blair remix was an excellent example of media being changed to become something else!
- When it comes to copyright and the creation of new media, Lessig (2007) argues that “common sense” are not prevailing, e.g. the Law of the World and the ‘Fair Use’ of the material.
- Lessig (2007) argues that authors should make their material more freely available, e.g. material should be made available for personal use without restrictions.
- Without a doubt, creative commons is a step into the right direction.
Identify any problems about copyright that you are likely to encounter in your remediation assignment. Assume the text that you will remediate is the text you chose as a favourite in your first entry.
- It is true that there will be copyright issues when you divert someone else’s media into another media format.
- However, in my view, it is important to acknowledge the authors’ material.
- To avoid any copyright issues, I will be in contact (via email) with the owner of the production. Permission to use material will be sought.
- I am thinking of doing a PowerPoint presentation that will include music. To ensure that music is downloaded legally, I will buy the music from iTunes, instead of downloading it freely from the Internet.
- When creating my media text, ‘Fair Use’ will apply. Arguably, the media will be created for study purposes, and will not be used for commercial use
- I will also have to think about any legal implications, e.g. prosecution if work is used without acknowledgement.
- In my view, Creative Commons licenses can be the answer to copyright issues. Because under the six licenses, there are guidelines for people to remix or change media in a legal manner.