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Access: Commons, Fair Use, Orphan Works, Public Domain Archives

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11. 6.2007

Fair Use in Filtering

Bill Rosenblatt reports on EFF's and other's support for fair use in filtering. My take: A constructive step. It remains to be seen whether an objective "fair use" standard can be developed; and then again, whether it can be technologically implemented; if not, the answer will be a combination of process for "appeals" and simple licensing mechanisms.

In particular, this is a welcome departure from the "filtering is useless" stance. Certainly, filtering can be defeated. But ultimately something posted for public consumption must be in the clear. And not everyone will encrypt, especially if they are unaware that they are infringing. By and large, it ought to be possible to get copyright filtering for entire works to work at least as well as spam filtering--that is, not perfectly, but enough to get a handle on the problem.

posted by Solveig Singleton @ 7:29 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , DRM & Watermarks, etc.

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09.24.2007

Nick Car on Fair Use Study

Nick Carr's comments on CCIA's study of fair use include the following:

What the authors have done is to define the "fair-use economy" so broadly that it encompasses any business with even the most tangential relationship to the free use of copyrighted materials. Here's an example of the tortured logic by which they force-fit vast, multifaceted industries into the "fair use" category: Because "recent advances in processing speed and software functionality are being used to take advantage of the richer multi-media experience now available from the web," then the entire "computer and peripheral equipment manufacturing industry" qualifies as a "fair-use industry." As does the entire "audio & video equipment manufacturing" business. And the entire software publishing industry. And the entire telecommunications industry.

Oh dear. I think one could fairly count the Tivo, and a portion of some of the activity described above... anything involving parody, certainly.

Of course, there is a larger conceptual problem. Fair use is always fair use *of* something copyrighted... so do we add fair uses on to the value of copyright uses? There is a case to be made that the copyrighted materials--and the consequent fair use of them--would not exist in such abundance but for copyright. The logical response to that is, yes, but we wish to measure in particular the value of this particular *exception.* Fair enough, so long as one bears in mind the risk of the exception's swallowing the rule. Also, that a substantial part of the economic activity in question might well occur in similar form even without the exception, due to the growth of markets in snippets and bits and other licensed material for downstream use.

Empirical studes are funny things, aren't they?

posted by Solveig Singleton @ 12:55 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , Economics, Game Theory & Public Choice , Markets: Business, Investment & Innovation

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08.21.2007

Fair Use, Paid Use, Other

From Aspen, Colorado, I embark upon the following tirade:

I continue to be bemused by the passion of techies of different stripes, free-market and otherwise, for fair use. I have nothing against the concept; it is useful in its context, but to expect it to continue to do much work going forward protecting free expression seems to assign it a task that it is ill-suited for.

Continue reading Fair Use, Paid Use, Other . . .

posted by Solveig Singleton @ 10:02 PM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain

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08. 9.2007

Yet Another "Law is Out of Touch" Essay

This essay by Elizabeth Stark is another in the genre of pleas for "hip use" exceptions to copyright law. Funk remixes from Brazil, this time. A few short remarks in response:

1) What law is she talking about, being out of touch? Fair use and transformative use is alive and well. Insofar as it doesn't, digital communications will enable markets in snippets and bits of things if we want 'em. But an awful lot of the neat user content being posted online--citizen journalism for example--doesn't raise any copyright issues at all, facts and ideas not being copyrightable. And frankly, this stuff is going to be a lot more significant going forward than remixes.
2) For every musician in a developing country "thriving" in an environment where copyright is barely enforced, there are a bunch of others who can't make a living. Not to mention the difficulties of visual artists, craftspeople, textile artists and so on whose work is not amenable to being funded by the throwing of enormous parties.

Enough already.

posted by Solveig Singleton @ 8:28 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , International , Internet: P2P, Search Engines...

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08. 1.2007

More Thoughts on CCIA "Fair Use" Complaint

The CCIA complaint to the FTC about the exaggerated copyright warnings attached to sportscasts is a fuzzy oddball of a complaint. The CCIA represents "consumers"? Who are the "consumers" of sports programming, anyway? Arguably, the audience is the product being sold-their eyeballs are being traded to content owners in exchange for broadcast rights. The sports leagues are censoring people by being conservative in their copyright warnings? What about copyright skeptics who are overly radical in theirs? The government should control the way folks describe legal rights? Like a good deal of invitations to agency action--as opposed to plain old lawsuits--we have a great deal of excitement and moral fervor that on close examination turns into... hope that there is a more constructive solution out there. Here's some more detail on this assessment:

Continue reading More Thoughts on CCIA "Fair Use" Complaint . . .

posted by Solveig Singleton @ 12:48 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , Media: Video, Music...

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Patrick Ross blogs on CCIA complaint

Patrick Ross is back today with a few comments about the CCIA's complaint to the FTC about the education efforts of sportscasters on "fair use." As follows:

During her tenure, Federal Trade Commission Chairman Deborah Platt Majoras has been, for a regulator, refreshingly anti-regulatory. The Computer & Communications Industry Association today is hoping she changes her stripes.

I just came back from a very peculiar press conference (in part peculiar because CCIA staff and outside PR people far outnumbered the reporters present). It seems CCIA is filing a complaint at the FTC against some sports leagues, movie production companies and publishers because they don’t like the copyright warnings included. (Disclosure: Some of those named are part of the Copyright Alliance.) If the CCIA has its way, the only logical course for the FTC is to craft mandated language for all copyrighted content, which would serve neither copyright holders nor the users of their works.

CCIA President Ed Black ridiculed a number of copyright warnings -- you know the type, they say unauthorized use could result in fines or jail. Ed says the warnings don’t stipulate fair use. Well, using the word “unauthorized” would seem to address that, because fair use under Sec. 107 of the Copyright Act would be authorized. But Ed says these warnings confuse consumers, and create fear. He says the NFL warning might make people afraid to discuss a game over a water cooler: “I can’t wait until football season.” He didn’t address the fact that these warnings go back a generation at least; in fact, the WSJ story on it this morning opened with a reference to the fact that we’ve all got these sports audio warnings memorized.

Continue reading Patrick Ross blogs on CCIA complaint . . .

posted by Solveig Singleton @ 12:44 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , Media: Video, Music...

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05.31.2007

More High Art Courtesy of the Public Domain

It's "Garden of Earthly Delights" Action figures! (you know, that weird Bosch thing).

posted by Solveig Singleton @ 8:59 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , Art

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05.17.2007

Fair Use

Lawyer/writer Julie Hilden has a fine article on fair use up on Findlaw.com.

What's good about it: she looks at two specific situations in terms of the basic statutory criteria, and in clear language walks the reader through the legal, practical, and policy complexities. It's a good 5-minute course in fair use.

And here is her analysis of Carol Burnett vs. Family Guy.

posted by James DeLong @ 7:20 AM | Access: Commons, Fair Use, Orphan Works, Public Domain

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05. 7.2007

Stepping on the Toes of Giants... My Paper Out

My paper critiquing recent uses of the argument that we "stand on the shoulders of giants" is out. http://pff.org/issues-pubs/ps/2007/ps3.6warmfuzzythinking.html

posted by Solveig Singleton @ 2:00 PM | Access: Commons, Fair Use, Orphan Works, Public Domain , Free Culture Movement , Markets: Business, Investment & Innovation

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04.19.2007

Maryland Copyright Utopia Conference

Mark your calendars. I'll be speaking at The Maryland Center for the Study of IP's conference on copyright utopias, coming up in May

Copyright Utopia:
Alternative Visions, Methods & Policies
May 21-23, 2007
UMUC Inn & Conference Center, Adelphi, Maryland

posted by Solveig Singleton @ 9:53 AM | Access: Commons, Fair Use, Orphan Works, Public Domain

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04.18.2007

Lee Hollaar on Fair Use

posted by Solveig Singleton @ 9:43 AM | Access: Commons, Fair Use, Orphan Works, Public Domain

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