Dr. © - How I learned to stop worrying and love fair-use licenses

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

who am i?

“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.”

who am i?
I got this thing for sticking my ﬁnger in pointy monuments...

who am i?
I work at sapo.pt’s
Quality Assurance & Usability Department.

who am i?
Disclaimer: I’m not a lawyer...

So...

why are we here?

consumers
why are we here?

consumers producers
why are we here?

consumers producers
?
why are we here?

How to consumers copyrighted content.
How to producecopyrighted content.
consumers producers
why are we here?

How to consumers copyrighted content.
How to producecopyrighted content.
consumers producers
remixers
why are we here?

SO, what is
“Copyright”?

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.

All rights reserved
Only by your explicit permission.
Some rights reserved
Implicit permission, if used under certain conditions.
No rights reserved
Anything is allowed.

Copyright does not protect ideas.
Only their expression.

Expiration
birth
publication + 70 years
death + 70 years
Portugal
unpublished
death
2030 2100

Expiration
publication + 70 years
death + 70 years
Portugal
2010 2080
published
birth death

Expiration
publication + 70 years 95 years!
1928
USA
2023birth death
death + 70 years
1998

Expiration
1928
USA
2023birth death
death + 70 years
Sonny Bono
Copyright Extension
Act (1998)
1998

Expiration
1928
USA
2023birth 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

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

Why do we need
copyrights?

drivenbyboredom http://6ohv.sl.pt

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).

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

How to deal with
infringement?

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

How to deal with
infringement?
“Ifasmall
percentageofone's
copyrightget's
leakedaway,
well... tough,
frankly.”

How to deal with
infringement?
“Ifasmall
percentageofone's
copyrightget's
leakedaway,
well... tough,
frankly.”
Stephen Fryin
http://www.youtube.com/watch?v=l4nj0a9rgzA
http://6n1r.sl.pt

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

How to deal with
infringement?
Or...
Get creative!
;-)

Get creative tip: Wall of Shame
http://timvandamme.com
http://6nqa .sl.pt

Get creative tip: Charge them

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.

Which license
should I use?

Which license should I use?
You are the master of your work... You decide.
But try not to be overprotective.

© All rights reserved. Public domain.
more
restrictive
no
restrictionsSome rights reserved.
(e.g. creative commons, GPL, etc.)

© 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.

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

Copyright © 2010 Mannie Garcia / Associated Press.
Used without permission.
Shepard Fairey

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.

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.

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.

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.

Creative Commons
Best of all... it’s searchable!
http://search.creativecommons.org
http://6nt9.sl.pt

Creative Commons
So, make it ﬁndable with rel-license.
<arel=“license”
href=“http://creativecommons.org/licenses/by-nc/3.0/”>
thisislicensedundercc-by-nc3.0
</a>

Creative Commons
So, make it ﬁndable with rel-license.
<arel=“license”
href=“http://creativecommons.org/licenses/by-nc/3.0/”>
thisislicensedundercc-by-nc3.0
</a>
off topic
Google Rich Snippets testing tool
http://www.google.com/webmasters/tools/richsnippets
http://6oic.sl.pt

Creative Commons
adactio http://6og9.sl.pt

Creative Commons
Iron Man andme
http://adactio.com/journal/1530/
http://6ntd.sl.ptadactio http://6og9.sl.pt

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.

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.

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.
Furtherreading
http://www.gnu.org/licenses/license-list.html
http://6px5.sl.pt

Copyright on
the web

copyright on the web
Why do you share your works online?
articles, essays, photos, videos, music, interviews, etc.

Johnny Leedemos Wii Remotehacks at
http://www.ted.com/talks/lang/eng/johnny_lee_demos_wii_remote_hacks.html
http://6pam.sl.pt
cbnd

On the web, we create our very own art galleries.

Anything that hits the browser is “stealable”.

Anything that hits the browser is “stealable”. http://www.john-howe.com
http://6ptj.sl.pt

People resort to desperate measures: watermarking.

People resort to desperate measures: watermarking.
fake
Photounder cc-by-nc
http://www.flickr.com/photos/andr3/5086257680/
http://6ok6.sl.pt

People resort to desperate measures: signature.

André Luís

André Luís
Photounder cc-by-nc
http://www.flickr.com/photos/andr3/5086259662/
http://6p8g.sl.pt
fake

some closing
thoughts

Re-use & attribution is the best thing that can happen to
your work (apart from being sold).
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

Some role models to follow.

Some role models to follow.
http://www.ﬂickr.com/photos/pedromourapinheiro

http://diariodarepublica.fotos.sapo.pt/ ou http://kameraphoto.sapo.pt

http://www.ﬂickr.com/photos/biblarte/

http://www.sqlite.org/copyright.html

your turn.
questions or stories?

André Luís
http://id.andr3.net
@andr3 § me@andr3.net
THE END
attribution
3.0
Downloadthis presentation (PDF)
http://talks.andr3.net/2010/codebits/copyright.pdf
http://6pxr.sl.pt
Downloadthis presentation (.key)
http://talks.andr3.net/2010/codebits/copyright.key
http://6pxt.sl.pt

Dr. © - How I learned to stop worrying and love fair-use licenses

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