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.

        

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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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

Photo: Mannie Garcia (AP), Image: Shepherd Fairey

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