Or: how I learned to stop controlling and share alike.

By Noel Laviolette

What is intellectual property? The state-enforced monopoly of certain intangible assets.

Examples include but are not limited to; Music, Literature, Art, Discoveries, Inventions, Words, Phrases, Symbols, and Designs.

Motivation for Creativity Creates artificial scarcity Rewards innovation

What is Fair Use?

An instance in which use of protected intellectual property by another requires no consent on behalf of the copyright holder.

Evaluated by consideration of four questions:

1: What is the purpose and character of the use?

2: What is the nature of the copyrighted work?

3: What is the amount and substantiality of the portion used?

4: What is the effect of the use upon the value of the copyrighted work?

Purpose and Character of the Use

Purpose:Commercial vs. Educational

Character:Transformational vs. Derivative

Nature of the Copyrighted Work

Not in terms of success (profitable or unprofitable, good or bad)

Published or Unpublished?

Fiction or Nonfiction?

Amount and Substantiality of Use

Most clear-cut of the four

The amount of the copy in proportion to the whole of the copyrighted work

The importance of the copied segment to the original work

The effect upon the original value

Most ill-defined of the four

Nearly no way to measure definitively

Burden of proof Shifts between Commercial and noncommercial use

Represents the heart of fair use

Digital Millennium Copyright Act

The Laws Concerning Digital Media

Many take-down notices target instances of fair use

Disproportionately affects small, independent producers

Best Practices

http://www.centerforsocialmedia.org/resources/fair_use

Covering Documentary Film, Education, and Online Video

Considerations: Youtube

Content ID Tool Uses ‘fingerprints’ to match audio to

copyrighted material

Advertisement Revenue Privately Owned Website Recent Conflict with Music Labels

Now Similar to Radio

Deeplinking

Linking to a Specific Page Bypasses Homepage/Advertising Arguably Usurps Original Content

All links are functionally equivalent HTTP Makes No Distinction Fundamental to Internet Architecture URL Legally Equal to Street Adress

Excerpting

Usually accompanies Deeplinking

Taking a piece of the linked page, and displaying it as advertisement of content on linked page

Much more problematic then Deeplinking, crux of fair use defense

Google News

Popular News Indexing Service Uses crawling technology similar to its search

engine, Storyrank news aggregator

Come under fire from news sites it links Sued by Agence France Presse Mar 2005 17.5mil Opt out function Selectively paying organizations Associated Press leaves Dec 2009

In Conclusion

The Internet is the New Frontier

Intellectual Property Law Murky at Best

Fair Use Follows Trends

Knowledge as Always is Best Defense

References "Copyright’s fair use doctrine and digital data" Pamela Samuelson, 1995

Publishing Research Quarterly 11 (1): 27–39.

Fair use and free inquiry : copyright law and the new media, ed. John Shelton Lawrence and Bernard Timberg, 1989 Norwood, N.J.

Copyright in the age of new technology, Hope Roland Botterbusch,1996 Bloomington, Ind

http://en.wikipedia.org/wiki/Fair_use http://www.copyright.gov/fls/fl102.html http://fairuse.stanford.edu/blog/ http://www.eff.org/deeplinks/2009/01/youtubes-january-fair-use-massacre http://www.videomaker.com/article/14680/ http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/