creative commons presentation for the july 11, 2007 yahoo! creative talk (pdf format)

Creative Commons

Creative CommonsReusable Culture

Creative CommonsReusable Culture

Yahoo! Creative Talks: 07/11/07

Commons?

Commons?•Resources that are freely accessible to any member of a given community

Commons?•Resources that are freely accessible to any member of a given community

•Natural resources (air, water, parks)

Commons?•Resources that are freely accessible to any member of a given community

•Natural resources (air, water, parks)•Cultural resources (creative works, scientific works, public knowledge)

Creative Commons

Creative Commons• Nonprofit org started in December 2002 to help simplify the

development of a pool of free and legal reusable cultural content

Creative Commons• Nonprofit org started in December 2002 to help simplify the

development of a pool of free and legal reusable cultural content• Provides free tools that let authors, scientists, artists, and educators

easily mark their creative work with the freedoms they want it to carry

Creative Commons• Nonprofit org started in December 2002 to help simplify the

development of a pool of free and legal reusable cultural content• Provides free tools that let authors, scientists, artists, and educators

easily mark their creative work with the freedoms they want it to carry

• CC offers an alternative to full copyright; lets you easily change your copyright terms from “All Rights Reserved” to “Some Rights Reserved.”

Creative Commons• Nonprofit org started in December 2002 to help simplify the

development of a pool of free and legal reusable cultural content• Provides free tools that let authors, scientists, artists, and educators

easily mark their creative work with the freedoms they want it to carry

• CC offers an alternative to full copyright; lets you easily change your copyright terms from “All Rights Reserved” to “Some Rights Reserved.”

• Voluntary tools for creating a public good – more freely available cultural resources

Why?

©

©Copyright

Copyright?

• Law designed to govern creative and expressive works

Copyright?

• Law designed to govern creative and expressive works• We like copyright!

Copyright?

• Law designed to govern creative and expressive works• We like copyright!

• It encourages creation

Copyright?

• Law designed to govern creative and expressive works• We like copyright!

• It encourages creation• It promotes dissemination

Copyright?

Copyright?

• Applies automatically upon fixation of a creative work to tangible form

Copyright?

• Applies automatically upon fixation of a creative work to tangible form

Copyright?

Copyright?

• Grants copyright owner a bundle of exclusive rights

Copyright?

Copy/Distribute Publicly Perform Publicly Display Build Upon Digitally Distribute

If you want to ...

Copy/Distribute Publicly Perform Publicly Display Build Upon Digitally Distribute

then you need to ASK.

So, what’s the problem?

So, what’s the problem?• Digital technologies have revolutionized how

creative works are made, distributed, and used

So, what’s the problem?• Digital technologies have revolutionized how

creative works are made, distributed, and used• Digital technologies implicate the right to copy

through the sheer nature of how they work

So, what’s the problem?• Digital technologies have revolutionized how

creative works are made, distributed, and used• Digital technologies implicate the right to copy

through the sheer nature of how they work

• The potential that digital technologies offer also implicates the right to make derivative works

So, what’s the problem?

So, what’s the problem?• Sometimes full copyright discourages creation and

dissemination, even though the creator may want to encourage these things.

So, what’s the problem?• Sometimes full copyright discourages creation and

dissemination, even though the creator may want to encourage these things.• It can prohibit people who might benefit from

creative work from being able to legally use it.

So, what’s the problem?• Sometimes full copyright discourages creation and

dissemination, even though the creator may want to encourage these things.• It can prohibit people who might benefit from

creative work from being able to legally use it.

• What if you want to give up some of your copyright rights and contribute creative work to the commons for sharing and reuse?

Creative Commonscopyright licenses

Provide a legal infrastructure for creators

that is both easy to understand and use

creativecommons.org

creativecommons.org

License

Three different formats

From 50footwave.com © ThrowingMusic

From 50footwave.com © ThrowingMusic

Global

Millions of pieces of creative content available to the public for free and legal use under Creative Commons licenses

Search

Using metadata

From yahoo.com © Yahoo! Inc.

From google.com © Google

Reuse

Top graphic from charlierose.com © Charlie Rose Inc.Photo and text from flickr.com/photos/jurvetson© Steve Jurvetson

From gifttrap.com© GiftTRAP

First court case

From flickr.com/photos/adamc1999/© Adam Curry

From flickr.com/photos/adamc1999/© Adam Curry

Page from Weekend, which used Curry’s photos in a way that violated the CC license

“In principle, Curry owns the copyright in the four photos, and the photos, by their posting on that website, are subject to the [Creative Commons] License. Therefore Audax should observe the conditions that control the use by third parties of the photos as stated in the License…The claim [...] will therefore be allowed; defendants will be enjoined from publishing all photos that [Curry] has published on www.flickr.com, unless this occurs in accordance with the conditions of the License.”

Curry v. Audax, District Court of Amsterdam – March 9, 2006, Interim measure, Case no. 334492 / KG 06-176 SR

Creative Commonsand Music

Music Case Study 1 / Fort Minor

Photo © Warner Bros. Records / Machine Shop Recordings

Music Case Study 1 / Fort Minor

• As part of a CC-sponsored remix contest, Warner Bros. used Creative Commons licenses to license remixable elements of the Fort Minor single “Remember the Name” to the general public for noncommercial purposes.

Music Case Study 1 / Fort Minor

• Remixers created nearly 600 new versions of “Remember the Name.” These remixes were shared legally with friends and posted on MySpace pages, blogs, etc. These remixes helped build excitement about the song without diluting the commercial value of its original version.

Music Case Study 1 / Fort Minor

• Fort Minor went on to commercially license the track to TNT to use as the theme for the 2006 NBA playoffs. Additionally, the song became a radio hit and was licensed for use in several TV and film soundtracks, proving that noncommercial public copyright licensing can easily work in tandem with commercial licensing arrangements.

Music Case Study 2 / Crammed Discs

Photo © Kevin Westenberg / Crammed Discs

Music Case Study 2 / Crammed Discs

• Successful Belgian indie label Crammed Discs decided to release a remix album featuring reworked versions of songs by its most popular artists.

Music Case Study 2 / Crammed Discs

• Successful Belgian indie label Crammed Discs decided to release a remix album featuring reworked versions of songs by its most popular artists.

• Crammed needed them quickly and wanted to avoid the costly process of commissioning them from “big name” producers.

Music Case Study 2 / Crammed Discs

• Successful Belgian indie label Crammed Discs decided to release a remix album featuring reworked versions of songs by its most popular artists.

• Crammed needed them quickly and wanted to avoid the costly process of commissioning them from “big name” producers.

• So, Crammed used Creative Commons licenses.

Music Case Study 2 / Crammed Discs

Music Case Study 2 / Crammed Discs

• Crammed published the remixable components of several songs in its catalog under a CC license.

Music Case Study 2 / Crammed Discs

• Crammed published the remixable components of several songs in its catalog under a CC license.

• Over the course of a month, more than 100 submissions were entered by members of the Creative Commons community.

Music Case Study 2 / Crammed Discs

• Crammed published the remixable components of several songs in its catalog under a CC license.

• Over the course of a month, more than 100 submissions were entered by members of the Creative Commons community.

• The label was amazed by the results.

Music Case Study 2 / Crammed Discs

Music Case Study 2 / Crammed Discs

• Crammed chose nine remixes and licensed them from their creators for commercial use and is releasing them as a Crammed remix compilation.

Music Case Study 2 / Crammed Discs

• Crammed chose nine remixes and licensed them from their creators for commercial use and is releasing them as a Crammed remix compilation.

• This strategy provided a no-cost way for a small label to acquire quality remixes, and for members of the remix community to profit from their work.

Music Case Study 2 / Crammed Discs

Music Case Study 3 / Minus Kelvin

From flickr.com/photos/rs© Robin Sloan

Music Case Study 3 / Minus Kelvin

Music Case Study 3 / Minus Kelvin

•High school physics and calculus teacher Minus Kelvin began creating sample-based songs and remixes using tracks from ccMixter as source material.

Music Case Study 3 / Minus Kelvin

•High school physics and calculus teacher Minus Kelvin began creating sample-based songs and remixes using tracks from ccMixter as source material.

•He posted his remixes on ccMixter for other members to hear, review, and mash-up. Pat Chilla, a music contributor for the CW Network found Minus Kelvin's remixes and loved them.

Music Case Study 3 / Minus Kelvin

•High school physics and calculus teacher Minus Kelvin began creating sample-based songs and remixes using tracks from ccMixter as source material.

•He posted his remixes on ccMixter for other members to hear, review, and mash-up. Pat Chilla, a music contributor for the CW Network found Minus Kelvin's remixes and loved them.

•Pat signed Minus Kelvin and helped arrange a licensing deal for Minus Kelvin to compose music for America's Next Top Model.

Music Case Study 3 / Minus Kelvin

•High school physics and calculus teacher Minus Kelvin began creating sample-based songs and remixes using tracks from ccMixter as source material.

•He posted his remixes on ccMixter for other members to hear, review, and mash-up. Pat Chilla, a music contributor for the CW Network found Minus Kelvin's remixes and loved them.

•Pat signed Minus Kelvin and helped arrange a licensing deal for Minus Kelvin to compose music for America's Next Top Model.

•In short, Minus Kelvin used CC’s legal infrastructure to free up his work for people to sharing, use, and remixing. This approach helped him score commercial deals with a label and TV show.

Other projects

Science Commons

From plos.org © PLoS

CC Learn

From ocw.mit.edu© MIT

Some Rights ReservedExcept where noted, the contents of this presentation are licensed to the public under the

Creative Commons Attribution license. The terms of this license are available athttp://creativecommons.org/licenses/by/3.0/.