evergreen 2015 lecture

Copyright and

Free Speech

Brian Rowe J.D.

The Rent

is too

Damn

High!

Girls, Girls,

Girls, do

engineer!

Living in a world of Illegal (?) art

<Background>

Howard Zinn

You Can’t be

Neutral on a

Moving Train

<Copyright 101>

What is Covered by

Copyright?

(1) literary works;

(2) musical works, ...

(3) dramatic works,...

(4) pantomimes and choreographic works;

(5) pictorial, graphic, and sculptural works;

(6) motion pictures and other audiovisual works;

(7) sound recordings; and

(8) architectural works.

Scream

Edvard Munch

Year 1893

Scream

Edvard Munch

Year 1893

Public Domain

Published

Year 1949

1958

Disney

Sleeping Beauty

1898

Henry Meynell Rheam

Sleeping Beauty

Photo from The Ihnatko Archives, circa 1999. of Amanda Palmer

Banksy

Where does Copyright

come from?

US Constitution

Article 1, Section 8, Clause 8

To promote the Progress of Science

and useful Arts, by securing for

limited Times to Authors and

Inventors the exclusive Right to their

respective Writings and Discoveries:

1710

How Long is Copyright?

Was Copyright

Needed?

Freedom from Monopolies a

Basic Right

17 U.S. Code § 504 - Remedies for infringement:

Damages and profits

Up to $1,000

$150,000 per Work Infringed!

P vs IP

aside

Why?

$

<Fair Use

&

Free Speech>

</2>

§ 107 . Limitations on

exclusive rights: Fair use

</2>

§ 107 . Limitations on exclusive rights: Fair use

The fair use of a copyrighted work, including criticism, comment,

news reporting, teaching, scholarship, or research, is not an

infringement of copyright.

(1) purpose and character of the use,

(2) nature of the work;

(3) amount and substantiality of the portion used in relation to

the work as a whole;

(4) effect of the use upon the potential market

§ 107 . Fair use

(1) Use

(2) Type

(3) How Much

(4) the effect of the use upon the potential market

The Rent is too Damn

High!

The Rent

is too

Damn

High!

<3>

<3>

Good Faith Matters

(2) Type of Work

(3) How much?

(4) Market Effect

Getting Paid

Getting Paid

Getting Paid

Fair Use

Challanges

WLA

Patrick Cariou v. Prince

WLA

contracts issue

ToS

Commercial photography and

videography are prohibited in

the park.

Personal photography is

permitted but may not be used

commercially.

Claes Oldenburg &

Coosje van Bruggen

New Paint

Bias Certain

Speech

Girls, Girls, Girls,

do engineer!

Credits:CC-BY Brian Rowe

Most images were used under my first amendment fair use right

Photo of Rowe by BiPolar Images - Geffrey Gribbin

Brian@BrianRowe.org

@Sarterus