#1 Music Recording of 2009 That You Can’t Buy

I have no business reviewing music. I gave up on keeping up with what’s hip in music when studio tricks took over for musical talent. Yeah, I’m an old fart. That said, a top 5 list written by Nathan Chase caught my attention because Chase’s #1 recording was a collection that you can’t get at Amazon or Wallmart or iTunes: Kutiman’s “ThruYOU” project.

I previously posted a blog entry about the ThruYou project after a friend sent me a link to the project on the same day that the Buzz Out Loud podcast crew commented on Jonathan Coulton’s blog post about the project. Like Coulton, my first impulse is to go on and on about the tour de force that this project represents and how it reveals how ridiculously broke copyright is. One track from the project, Wait For Me, has almost 140,000 views. After listening to the project I bought his commercially available CD, Escape Route, from Amazon (in DRM-free downloadable MP3 form). That’s one sale of a record that wouldn’t have happened had this artist posted his creation for free on YouTube. As Larry Lessig said in his TED presentation, this is not about taking someone else’s work and passing it off as ones own (piracy), but taking what has gone before and making something completely new: remix culture.

An excellent website has been created listing the Thru-YOU videos and all of the contributing videos: http://thru-you.org

Sources:

* My Top 5 Albums of 2009 – Tortoise, Muse, P.O.S., Mute Math, & Kutiman by Nathan Chase, http://nathanchase.com/2009/12/my-top-5-albums-of-2009-tortoise-muse-p-o-s-mute-math-kutiman/ retrieved 12/31/2009.

* YouTube video: Kutiman-Thru-you – 06 – Wait For Me by Kutiman, http://www.youtube.com/watch?v=i88CKr6Shn4 retrieved 12/31/2009.

* TED Talks: Larry Lessig on laws that choke creativity by Larry Lessig, http://www.ted.com/talks/lang/eng/larry_lessig_says_the_law_is_strangling_creativity.html retrieved on 12/31/2009

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Convergence Culture: The Power of Media in the Hands of Users

Jenkin’s “Convergence Culture: Where Old and New Media Collide” is part of my course reading and students are always finding great videos of Jenkins on the Interwebs. Here’s a great one that sums it his take on the evolution of media and what it means for the culture and the media industry. Thanks Seann G.

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The Creative Commons Solution

Part three of my three part media merry-go-round: Creative Commons (Part 1: Copyright; Part 2: Fair-Use; Part 3: Creative Commons). After I’ve scared them to death with the all powerful Copyright, and confused them with the slippery Fair-Use, it’s time calm the nerves with a little common sense Creative Commons. I wish it was really that simple. So, as before the following is the ongoing working prototype for part 3:
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So What the Heck is Fair Use & How’s It Suppose to Protect My Butt

So now I’m working on step two of my three part media merry-go-round: Fair-Use (Part 1: Copyright; Part 2: Fair-Use; Part 3: Creative Commons). It’s hard to talk about one without talking about the others. We talked about Copyright last week, but whenever the conversation shifted to usage than Fair-Use and Creative Commons were ready to take up the call. If anything I think I pumped up the interest in what Fair-Use and Creative Commons can do to answer the dilemma presented by the ongoing Copyright controversy. So the following is the ongoing working prototype for part 2:
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Thinking Out Loud About Copyright

Thinking a lot about copyright. In my course at Full Sail I cover copyright, Creative Commons, Fair Use and netiquette related to copyright in two one-hour sessions. Well, actually session one was mostly about Creative Commons and the second session was mostly about Fair Use. I’m good but I found myself stumbling around, going back and forth to make sure that my students understood what Copyright really meant. Not smart. So, I need to redistribute the info into three sessions: 1) Copyright, 2) Fair Use and 3) Creative Commons. (Note to my current students: I’m not going to spring this change on you ’cause that would mean that you’d have to cover the following material and be ready to discuss it in less than 22-hours. Not fair). So the following is a working prototype:
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Roll Over Beethoven and Copy… Right!

Part of my course at Full Sail is about media issues, you know, stuff like Copyright, Fair Use and Creative Commons. The “M” in our program title (EMDT) is Media and my students, who are in their ninth month of a year long Masters degree program, are expected to stare down this huge subject and come up with a reasonable approach to something that I tell them occupies the life’s work of an army of lawyers, policymakers and troublemakers. As I lay down guiding principles to understanding the moving target that is Copyright/Fair Use/Creative Commons the discussions tend to be quite lively and informative for all participants. One thing that I’ve never fully appreciated is how difficult and expensive it can be for teachers who want to follow copyright law who teach band, or theater or any of the other arts.

One teacher wrote in her class blog:
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Obama “Hope” Image vs. One Lost Shepard

Another day, another Fair Use issue in the headlines. After working with my graduate students over the past six months I’m left with the feeling that most of them approach the subject of copyright as something that the big media companies hold over their heads, preventing them from using the music that they want in their videos or images on their websites. It’s an eye-opening experience for them to realize that there are options for them to use, such as creative commons, where they can find quality media and stay well clear of the gray area that is copyright law. Good times. I cover copyright and Fair Use over two sessions every month and by the end everyone knows that Fair Use is not a right but can be used as a defense if/when one is sued for a copyright violation. Or course none of my students want to be anywhere near a court, having to defend themselves versus some scary media conglomerate.

Then the last week of February, as if I needed a textbook case on Fair Use, I stumbled across an NPR interview of the artist, Shepherd Fairey, who was behind President Obama’s “Hope” poster that rose to iconic status during the election. Seems that the Associated Press was threatening to sue Fairey for the use of the photograph that he used to create his poster. Just before NPR ran the story Fairey decided to beat AP to the punch and sue AP claiming that his use of the photo was covered under Fair Use. To make things even more complicated, the photographer, Mannie Garcia, is suing AP claiming that he was a freelancer and not an AP employee when he shot the disputed photo and therefore he is entitled to compensation from this litigation. Let’s say it together: Fair Use is not a right but a defensible position. Again, Fair Use is not a right but a defensible position.

I asked photographer and TWiT contributer, Scott Bourne, his take on the case (via Twitter) and he said, Read more

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Copyright This!

Since the very first month of teaching my graduate media course at Full Sail University my students have struggled with the vagueness and conflicting messages surrounding the topics of copyright and fair use. Tasking educators, many of whom are very new to online anything, to creating an unending number of audio podcasts, videos, blog entries and assorted media projects and then telling them that they cannot use any images, music or videos that they might find on the Internet is like inviting them to a party and then telling them that they are not permitted to having any fun. it’s downright confusing. Then for me to try to be authoritative on what is permitted and not permitted, while knowing that the subjects of copyright and fair use are life-work of an army of lawyers and policy makers, makes the whole thing downright silly.

So after one of our class sessions, one of my more media savvy students made the following comment in his blog:
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