Upgrade to Pro — share decks privately, control downloads, hide ads and more …

Dr © or How I stopped worrying and love fair-use licenses

André Luís
September 27, 2011
120

Dr © or How I stopped worrying and love fair-use licenses

Talk given at Codebits 2010 in Lisbon. Slides are in english. Video in portuguese here: http://videos.sapo.pt/peG4j8FCZwYLmbzuyQbd

André Luís

September 27, 2011
Tweet

Transcript

  1. DR. COPYRIGHT or... How I stopped Worrying and Love Fair-Use

    Licenses André Luís http://id.andr3.net @andr3 § me@andr3.net attribution 3.0 Friday, November 12, 2010
  2. DR. COPYRIGHT or... How I stopped Worrying and Love Remix-friendly

    Licenses André Luís http://id.andr3.net @andr3 § me@andr3.net attribution 3.0 Friday, November 12, 2010
  3. who am i? Friday, November 12, 2010

  4. “Hello, my name is André Luís and I’m a web

    nerd.” who am i? “Hello, my name is André Luís and I’m a web nerd.” Friday, November 12, 2010
  5. who am i? I got this thing for sticking my

    finger in pointy monuments... Friday, November 12, 2010
  6. who am i? I work at sapo.pt’s Quality Assurance &

    Usability Department. Friday, November 12, 2010
  7. who am i? Disclaimer: I’m not a lawyer... Friday, November

    12, 2010
  8. So... Friday, November 12, 2010

  9. why are we here? Friday, November 12, 2010

  10. consumers why are we here? Friday, November 12, 2010

  11. consumers producers why are we here? Friday, November 12, 2010

  12. consumers producers ? why are we here? Friday, November 12,

    2010
  13. How to consumers copyrighted content. How to produce copyrighted content.

    consumers producers why are we here? Friday, November 12, 2010
  14. How to consumers copyrighted content. How to produce copyrighted content.

    consumers producers remixers why are we here? Friday, November 12, 2010
  15. SO, what is “Copyright”? Friday, November 12, 2010

  16. SO, what is “Copyright”? As an author and creator of

    an original work you have an exclusive set of rights over that work. You decide how it can be copied. Friday, November 12, 2010
  17. SO, what is “Copyright”? All rights reserved Only by your

    explicit permission. Some rights reserved Implicit permission, if used under certain conditions. No rights reserved Anything is allowed. Friday, November 12, 2010
  18. SO, what is “Copyright”? Copyright does not protect ideas. Only

    their expression. Friday, November 12, 2010
  19. SO, what is “Copyright”? Expiration birth publication + 70 years

    death + 70 years Portugal unpublished death 2030 2100 Friday, November 12, 2010
  20. SO, what is “Copyright”? Expiration publication + 70 years death

    + 70 years Portugal 2010 2080 published birth death Friday, November 12, 2010
  21. SO, what is “Copyright”? Expiration publication + 70 years 95

    years! 1928 USA 2023 birth death death + 70 years 1998 Friday, November 12, 2010
  22. SO, what is “Copyright”? Expiration publication + 70 years 95

    years! 1928 USA 2023 birth death death + 70 years Sonny Bono Copyright Extension Act (1998) 1998 Friday, November 12, 2010
  23. SO, what is “Copyright”? Expiration publication + 70 years 95

    years! 1928 USA 2023 birth death death + 70 years Sonny Bono Copyright Extension Act (1998) 1998 Copyright Term and the Public Domain in the United States (Cornell Univ.) http://copyright.cornell.edu/resources/publicdomain.cfm http://6nom.sl.pt Friday, November 12, 2010
  24. SO, what is “Copyright”? Validity ✦ Copyright laws vary from

    country to country. ✦ In 20 countries, you still have to include a copyright notice. ✦ After 1989 in the USA, a copyright notice is optional. ✦ The same work may have different copyright terms (depending on the country). http://en.wikipedia.org/wiki/List_of_countries'_copyright_length http://6mu2.sl.pt Friday, November 12, 2010
  25. Why do we need copyrights? Friday, November 12, 2010

  26. drivenbyboredom http://6ohv.sl.pt Friday, November 12, 2010

  27. Why do we need copyrights? Royalties Copyright royalties depend on

    the nature of the work. Book authors may or may not sell the copyright to publishers. If not, they receive some percentage (royalties) of the book sales. Music has its own rules. An author may earn: ✦ royalties from “print rights” (sheet music); ✦ mechanical royalties (cd’s, tapes, etc.); ✦ performance royalties (performances by bands & artists); ✦ synch royalties (movies, ads, etc.). Must be registered with the Copyright authority to be protected from infringed use. ✦ Portugal: SPA (www.spa.pt). ✦ USA: Copyright office (copyright.gov). ✦ UK: (copyrightservice.co.uk for example). Friday, November 12, 2010
  28. Why do we need copyrights? You find a song or

    photo you want to use. There’s no indication of license, so you assume it’s copyrighted, thus “All rights reserved”. You contact the owner and ask if you can use it. “Yes, as long as you pay me a bazillion dollars!” Example Friday, November 12, 2010
  29. How to deal with infringement? Friday, November 12, 2010

  30. How to deal with infringement? People will violate your copyright.

    Friday, November 12, 2010
  31. How to deal with infringement? People will violate your copyright.

    Friday, November 12, 2010
  32. How to deal with infringement? People will violate your copyright.

    “If a small percentage of one's copyright get's leaked away, well... tough, frankly.” Friday, November 12, 2010
  33. How to deal with infringement? People will violate your copyright.

    “If a small percentage of one's copyright get's leaked away, well... tough, frankly.” Stephen Fry in http://www.youtube.com/watch?v=l4nj0a9rgzA http://6n1r.sl.pt Friday, November 12, 2010
  34. How to deal with infringement? Contact the infringer. Always. If

    you can solve the issue here, you’ve saved yourself time and money. Seek legal advice from a specialist. Find an attorney who works with copyright in your area and doesn’t take you an arm and a leg. ;-) Take the case to a civil court. 1 2 3 Friday, November 12, 2010
  35. How to deal with infringement? Or... Get creative! ;-) Friday,

    November 12, 2010
  36. Get creative tip: Wall of Shame http://timvandamme.com http://6nqa .sl.pt Friday,

    November 12, 2010
  37. Get creative tip: Wall of Shame http://timvandamme.com http://6nqa .sl.pt Friday,

    November 12, 2010
  38. Get creative tip: Wall of Shame http://timvandamme.com http://6nqa .sl.pt Friday,

    November 12, 2010
  39. Get creative tip: Wall of Shame http://timvandamme.com http://6nqa .sl.pt Friday,

    November 12, 2010
  40. Get creative tip: Wall of Shame http://timvandamme.com http://6nqa .sl.pt Friday,

    November 12, 2010
  41. Get creative tip: Wall of Shame http://timvandamme.com http://6nqa .sl.pt Friday,

    November 12, 2010
  42. Get creative tip: Charge them Friday, November 12, 2010

  43. Get creative tip: Charge them Dear Independent, I notice you're

    using one of my images without any acknowledgement (or permission) on your website, the link is as follows, www.independent.co.uk/news/uk/ home-news/snow- in-the-uk-se... The image is on my Flickr site at the following address and is marked as ©All rights reserved. flickr.com/photos/petezab/4243266763/ I'm assuming this is an oversight; I am quite happy for you to use my image but this is, naturally, subject to the appropriate payment rate. I look forward to your response in due course. Friday, November 12, 2010
  44. Which license should I use? Friday, November 12, 2010

  45. Which license should I use? You are the master of

    your work... You decide. But try not to be overprotective. Friday, November 12, 2010
  46. Which license should I use? © All rights reserved. Public

    domain. more restrictive no restrictions Some rights reserved. (e.g. creative commons, GPL, etc.) Friday, November 12, 2010
  47. Which license should I use? © All rights reserved. Default

    for all original works. All copies by other parties must be explicitly authorized by the owner, preferably by writing. Some countries (USA) include a set of fair-uses that allow usage of excerpts without any authorization. E.g.: commentary, criticism, news reporting, etc. Friday, November 12, 2010
  48. Friday, November 12, 2010

  49. Copyright © 2010 Mannie Garcia / Associated Press. Used without

    permission. Friday, November 12, 2010
  50. Copyright © 2010 Mannie Garcia / Associated Press. Used without

    permission. Shepard Fairey Friday, November 12, 2010
  51. threadless! http://6oil.sl.pt Copyright © 2010 Threadless! inc. Used with permission.

    Friday, November 12, 2010
  52. Public Domain Noone/everyone owns the work. Not covered by intellectual

    property. Allows derivatives. Can’t be claimed or charged. Suitable for government documentation. Works turn to Public Domain when copyright expire. Bliss. Which license should I use? Friday, November 12, 2010
  53. Public Domain Noone/everyone owns the work. Not covered by intellectual

    property. Allows derivatives. Can’t be claimed or charged. Suitable for government documentation. Works turn to Public Domain when copyright expire. Bliss. Which license should I use? Friday, November 12, 2010
  54. Some rights reserved. Licenses define a set of conditions you

    have to follow to copy the work. Does not require an explicit authorization. Conditions might be: ✦ No commercial use allowed; ✦ Must always acknowledge/attribute to the owner; ✦ Whatever you do with the work, must be made available under similar license (copyleft); ✦ Can’t create derivative works. Which license should I use? Friday, November 12, 2010
  55. Friday, November 12, 2010

  56. Which license should I use? Creative Commons by Attribution Must

    include attribution somewhere. nc noncommercial Can’t be used commercially, used to make profit. sa share-alike Must be available through a similar license. Copyleft. nd no derivative works Doesn’t allow creating derivative works. Friday, November 12, 2010
  57. Which license should I use? Creative Commons by Attribution Must

    include attribution somewhere. nc noncommercial Can’t be used commercially, used to make profit. sa share-alike Must be available through a similar license. Copyleft. nd no derivative works Doesn’t allow creating derivative works. You can mix these and come up with a tailored license for your content. Friday, November 12, 2010
  58. Which license should I use? Creative Commons Best of all...

    it’s searchable! http://search.creativecommons.org http://6nt9.sl.pt Friday, November 12, 2010
  59. Creative Commons So, make it findable with rel-license. Which license

    should I use? <a rel=“license” href=“http://creativecommons.org/licenses/by-nc/3.0/”> this is licensed under cc-by-nc 3.0 </a> Friday, November 12, 2010
  60. Creative Commons So, make it findable with rel-license. Which license

    should I use? <a rel=“license” href=“http://creativecommons.org/licenses/by-nc/3.0/”> this is licensed under cc-by-nc 3.0 </a> off topic Google Rich Snippets testing tool http://www.google.com/webmasters/tools/richsnippets http://6oic.sl.pt Friday, November 12, 2010
  61. Creative Commons Which license should I use? adactio http://6og9.sl.pt Friday,

    November 12, 2010
  62. Creative Commons Which license should I use? Iron Man and

    me http://adactio.com/journal/1530/ http://6ntd.sl.pt adactio http://6og9.sl.pt Friday, November 12, 2010
  63. Software licenses (overview) Proprietary software Free & Opensource software Ownership

    is transferred to end-user. Copyright remains with the original copyright holder. End-user doesn’t have to accept license. User must accept and respect conditions if he/she wants to benefit from additional rights (besides usage). Copyleft: derived works must be licensed similarly. Publisher allows a certain usage (EULA). Ownership remains with publisher. End-users must accept the licenses to even use it. Which license should I use? Friday, November 12, 2010
  64. Software licenses (overview) Proprietary software Free & Opensource software Which

    license should I use? GPLv3 (copyleft & restrictive) MIT (permissive & compatible with GPL) BSD (permissive & compatible with GPL) Each copy must include (or give access) to its source code + license must not be changed or removed, always GPL. Cannot be used in proprietary software. Do whatever you want, just don’t say you did all the work or sue previous authors. You are free to distribute and/or adapt, but the license must always be included. Friday, November 12, 2010
  65. Software licenses (overview) Proprietary software Free & Opensource software Which

    license should I use? GPLv3 (copyleft & restrictive) MIT (permissive & compatible with GPL) BSD (permissive & compatible with GPL) Each copy must include (or give access) to its source code + license must not be changed or removed, always GPL. Cannot be used in proprietary software. Do whatever you want, just don’t say you did all the work or sue previous authors. You are free to distribute and/or adapt, but the license must always be included. Further reading http://www.gnu.org/licenses/license-list.html http://6px5.sl.pt Friday, November 12, 2010
  66. Copyright on the web Friday, November 12, 2010

  67. copyright on the web Why do you share your works

    online? articles, essays, photos, videos, music, interviews, etc. Friday, November 12, 2010
  68. Johnny Lee demos Wii Remote hacks at http://www.ted.com/talks/lang/eng/johnny_lee_demos_wii_remote_hacks.html http://6pam.sl.pt cbnd

    Friday, November 12, 2010
  69. Johnny Lee demos Wii Remote hacks at http://www.ted.com/talks/lang/eng/johnny_lee_demos_wii_remote_hacks.html http://6pam.sl.pt cbnd

    Friday, November 12, 2010
  70. copyright on the web On the web, we create our

    very own art galleries. Friday, November 12, 2010
  71. copyright on the web On the web, we create our

    very own art galleries. Friday, November 12, 2010
  72. copyright on the web Anything that hits the browser is

    “stealable”. Friday, November 12, 2010
  73. copyright on the web Anything that hits the browser is

    “stealable”. http://www.john-howe.com http://6ptj.sl.pt Friday, November 12, 2010
  74. copyright on the web People resort to desperate measures: watermarking.

    Friday, November 12, 2010
  75. copyright on the web People resort to desperate measures: watermarking.

    Friday, November 12, 2010
  76. copyright on the web People resort to desperate measures: watermarking.

    fake Photo under cc-by-nc http://www.flickr.com/photos/andr3/5086257680/ http://6ok6.sl.pt Friday, November 12, 2010
  77. copyright on the web People resort to desperate measures: signature.

    Friday, November 12, 2010
  78. copyright on the web People resort to desperate measures: signature.

    André Luís Friday, November 12, 2010
  79. copyright on the web People resort to desperate measures: signature.

    André Luís Photo under cc-by-nc http://www.flickr.com/photos/andr3/5086259662/ http://6p8g.sl.pt fake Friday, November 12, 2010
  80. some closing thoughts Friday, November 12, 2010

  81. Free re-use & attribution is the best thing that can

    happen to your work. Why stop re-use altogether because of the non-attributors? If you have a problem with someone making a profit out of your work, use a non-commercial license. They can still ask for your permission. If you want to make a name for yourself, artistic-wise, here’s a tip: ✦ Don’t publish all your good stuff on the web. ✦ Leave something for the art galleries. ✦ But what you do publish on the web, promote re-use, remix with attribution. some closing thoughts Friday, November 12, 2010
  82. Some role models to follow. some closing thoughts Friday, November

    12, 2010
  83. Some role models to follow. some closing thoughts http://www.flickr.com/photos/pedromourapinheiro Friday,

    November 12, 2010
  84. http://diariodarepublica.fotos.sapo.pt/ ou http://kameraphoto.sapo.pt Friday, November 12, 2010

  85. http://www.flickr.com/photos/biblarte/ Friday, November 12, 2010

  86. http://www.sqlite.org/copyright.html Friday, November 12, 2010

  87. your turn. questions or stories? Friday, November 12, 2010

  88. André Luís http://id.andr3.net @andr3 § me@andr3.net THE END attribution 3.0

    Download this presentation (PDF) http://talks.andr3.net/2010/codebits/copyright.pdf http://6pxr.sl.pt Download this presentation (.key) http://talks.andr3.net/2010/codebits/copyright.key http://6pxt.sl.pt Friday, November 12, 2010