copyright, C and kickstarter

Fred Benensonfred@kickstarter.comJanuary 28th, 2010

What is C?A 501c3 corporation headquartered in San

Francisco with 30 employees around the world.CC is a non-profit.CC does not offer legal services per se.

CC offers free legal and technology tools that allow creators to publish their works on more flexible terms than standard copyright.

Terms that allow public sharing, reuse, and remix.

First, a crash slide in ©

Fixed creative expressionNot IdeasNot factsAll rights reserved

Reproduce, display, distribute, perform, perform (transmit), create derivatives.

70 years after author’s death95 for work for hire

Why?

#1

Analog Media

AllPossible

Uses of a Work

Uses Implicating

© Law

Fair Uses

Digital Media

*Where every use is a copy.

Uses Implicating

© Law

AllPossible

Uses of a Work*

Fair Uses

#2

The State of theCommons Prior to 2002

Pre-1923 works, Federal Government Works, etc.

Orphan Works

Everything from Disney filmsto your notes, to most of theweb.

Default Automatic © All Rights ReservedPublic Domain

No Rights Reserved

Introducing:

Pre-1923 works, Federal Government Works, etc. Everything from Disney films

to your notes, to most of theweb.

Orphan Works

c

CNo Rights Reserved All Rights ReservedSome Rights Reserved

#3

The Stack

Computers

The Network

Documents

Creative Commons Knowledge and Ideas

Ethernet

TCP/IP

HTTP/The Web

What does C actually do?

Licensing

Attribution

Non-Commercial No Derivative Works

Share Alike

Step 1: Choose Conditions

LicensingStep 2: Receive a License

Some Considerations

Public licenses are irrevocable and perpetualHowever works can be removed from public and their licenses can be changed

CC licenses are non-exclusiveDual licensing

Creative Commons licenses do not preclude fair uses, fair dealing, etc.

Most Importantly

CC Licenses are built on top of © lawViolate the terms of a CC license?

Your rights to use the work are terminated.Creator eligible for remedies under traditional © law for infringement.

CC Licenses do not replace, substitute, or provide an alternative to ©.

Three Different Formats

Format #1: Human Readable Deed

Format #2: Lawyer Readable Legal Code

<span xmlns:cc="http://creativecommons.org/ns#" xmlns:dc="http://purl.org/dc/elements/1.1/">

<span rel="dc:type" href="http://purl.org/dc/dcmitype/Text" property="dc:title">My Photo</span> by <a rel="cc:attributionURL" property="cc:attributionName" href="http://joi.ito.com/my_book">Fred Benenson</a> is licensed under a

<a rel="license" href="http://creativecommons.org/licenses/by/3.0/">Creative Commons Attribution 3.0 License</a>.

<span rel="dc:source" href="http://fredbenenson.com/photo"/>Permissions beyond the scope of this license may be available at <a rel="cc:morePermissions" href="http://ozmo.com/revenue_sharing_agreement">OZMO</a>.</span></span>

Format #3: Machine Readable Metadata

International Jurisdictions

Licensed Objects via G/Y!

120+ Million CC Licensed Photos on Flickr

Jacobsen v. Katzer

"... Open source licensing has become a widely used method of creative collaboration that serves to advance the arts and sciences in a manner and at a pace that few could have imagined just a few decades ago. For example, the Massachusetts Institute of Technology uses a Creative Commons public license for an OpenCourseWare project that licenses all 1800 MIT courses. ... There are substantial benefits, including economic benefits, to the creation and distribution of copyrighted works under public licenses that range far beyond traditional license royalties.”

Jacobsen v. Katzer, US Court of Appeals for the Federal Circuit – August 18th, 2008,

Case no. 2008-1001

http://creativecommons.org/projects/ccplus

+COMPANY

COMMERCIAL LICENSE

Projects

searchlicensing

ccInternational

science commons ccLearn

Jonathan Coulton

Jonathan CoultonCommoner Letter

“ ... It’s hard to overstate the degree to which CC has contributed to my career as a musician. In 2005 I started Thing a Week, a project in which I recorded a new song every week and released it for free on my website and in a podcast feed, licensing everything with Creative Commons. Over the course of that year, my growing audience started to feed back to me things they had created based on my music: videos, artwork, remixes, card games, coloring books. I long ago lost track of this torrent of fan-made stuff, and of course I’ll never know how many people simply shared my music with friends, but there’s no question in my mind that Creative Commons is a big part of why I’m now able to make a living this way. Indeed, it’s where much of my audience comes from - there are some fan-made music videos on YouTube that have been viewed millions of times. That’s an enormous amount of exposure to new potential fans, and it costs me exactly zero dollars.

When you’re an artist, it’s a wonderful thing to hear from a fan who likes what you do. But it’s even more thrilling to see that someone was moved enough to make something brand new based on it - that your creative work has inspired someone to do more creative work, that your little song had a child and that child was a YouTube video that a million people watched. A Creative Commons license is like a joy multiplier. The art you create adds to the world whenever someone appreciates it, but you also get karma credit for every new piece of art it inspires. And around and around. This is my favorite thing about Creative Commons: the act of creation becomes not the end, but the beginning of a creative process that links complete strangers together in collaboration. To me it’s a deeply satisfying and beautiful vision of what art and culture can be. ...”