EVERYTHING IS A REMIX

Everything is a Remix

Creativity &

Evolution

Copying

Public Good v

Intellectual Property

Creativity: something new, and in some valuable way, is created Basic elements: Copy Transform Combine

CREATIVITY & EVOLUTION

Remix: to combine or edit existing materials to produce something new

Social Evolution Evolution Copy, Transform, Combine Social Evolution Copy, Transform, Combine

Memes!... Ideas, Behaviors, Skills…

CREATIVITY & EVOLUTION

Copying: necessary to have a foundation of knowledge and understandingCopying is easier than

creating an original! Ex: 74/100 highest-grossing films

= remakes or sequels of existing work

Creation requires infl uence Everything we make is a remix

of existing creations, our lives, and the lives of others

“If I have seen further is it because I am standing on the shoulders of giants” – Isaac Newton

COPYING

Copying: necessary to have a foundation of knowledge and understandingCopying is easier than

creating an original! Ex: 74/100 highest-grossing films

= remakes or sequels of existing work

Creation requires infl uence Everything we make is a remix

of existing creations, our lives, and the lives of others

“If I have seen further is it because I am standing on the shoulders of giants” – Isaac Newton

COPYING

Intellectual Property: Ideas can be ownedCopyright: A legal right created by the law of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to make $$$$

PUBLIC GOOD V INTELLECTUAL PROPERTY

Fair Use: the ability to use a small amount of someone’s creative work without permission, but only in certain ways Use allowed for school, news reporting, criticism,

comedy IF in small amount, new meaning given, used in a diff erent way, and for nonprofi t only

Copyright Infringement: The use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder

Ex: the right to reproduce, distribute, or display the protected work

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined.

Ex: 1981: George Harrison lost $1.5 million Subconscious Copying

PUBLIC GOOD V INTELLECTUAL PROPERTY

Copyright Act of 1790 “An Act For the Encouragement of Learning” cover mediaEx: Acknowledging the source

of the copyrighted material does not substitute for obtaining permission.

Patent Act of 1790 “An Act to Promote the Progress of Useful Arts” cover inventions

PUBLIC GOOD V INTELLECTUAL PROPERTY

Copyrights & Patents: Intended to address imbalance of $ in copying v original creationBrief and limited period of exclusivity (a

period where no one else could copy your work)This gave creators a window to cover their investment (development $) and earn a profit

Public domain: after period of exclusivity, original creations enter the public domain, where creative work is not protected by copyright and is therefore free for one to use however one wants

PUBLIC GOOD V INTELLECTUAL PROPERTY

PatentsPatent: a blueprint for how to make an invention

Software Patent: a loose description of what something would be like if it were actually invented

62% of Patent lawsuits over software patents = $500 billion

Trade Agreements v LawsTA: Treaties, not laws, can therefore be negotiated in secret, w/ no public input and no congressional approval

PUBLIC GOOD V INTELLECTUAL PROPERTY

Loss Aversion Idea that promoted intellectual property“We hate losing what we’ve got”When we copy, we justify it ---- When others copy, we vilify it

Opportunistic Litigation Thanks to the expanding reach of intellectual property,

one can sue to make a buck Entire business model is opportunistic litigation

They acquire a library of intellectual property rights, and litigate to make a profit Sample Trolls and Patent Trolls

PUBLIC GOOD V INTELLECTUAL PROPERTY

Loss Aversion Idea that promoted intellectual property“We hate losing what we’ve got”When we copy, we justify it ---- When others copy, we vilify it

Opportunistic Litigation Thanks to the expanding reach of intellectual property,

one can sue to make a buck Entire business model is opportunistic litigation

They acquire a library of intellectual property rights, and litigate to make a profit Sample Trolls and Patent Trolls

PUBLIC GOOD V INTELLECTUAL PROPERTY

Loss Aversion Idea that promoted intellectual property“We hate losing what we’ve got”When we copy, we justify it ---- When others copy, we vilify it

Opportunistic Litigation Thanks to the expanding reach of intellectual property,

one can sue to make a buck Entire business model is opportunistic litigation

They acquire a library of intellectual property rights, and litigate to make a profit Sample Trolls and Patent Trolls

PUBLIC GOOD V INTELLECTUAL PROPERTY