Joe Bustillos - Lumbering Thru Life » fairuse http://joebustillos.com Pop culture, Artistic Musings & Being an Adolescent 40-Something Fri, 30 Jul 2010 18:46:00 +0000 en hourly 1 http://wordpress.org/?v=3.0 Save the Prize – Cha-Ching Version http://joebustillos.com/2009/10/22/save-the-prize-cha-ching-version/ http://joebustillos.com/2009/10/22/save-the-prize-cha-ching-version/#comments Thu, 22 Oct 2009 05:08:34 +0000 joe.bustillos http://joebustillos.com/?p=3373 Part of my class at Full Sail University involves issues of Copyright, Fair Use and Creative Commons. One of the videos I share is about the difficulty a particular video documentarian is having securing the rights so that he can share his documentary “Eyes on the Prize” The video prompted the following video response by [...]]]>

Part of my class at Full Sail University involves issues of Copyright, Fair Use and Creative Commons. One of the videos I share is about the difficulty a particular video documentarian is having securing the rights so that he can share his documentary “Eyes on the Prize”

The video prompted the following video response by one of my students (and my response to his video):



My video response:


Sources:
* Eyes on the Fair Use of the Prize directed and produced by Jacob Caggiano/Center for Social Media, http://www.youtube.com/watch?v=0r0pM1hJGU8 retrieved on 10/22/2009

* Save the Prize by Seann Goodman/OnOttButton, article at http://seanngoodman.wordpress.com/2009/10/16/save-the-prize/, video at http://www.youtube.com/watch?v=y8fvmpRtDb0 retrieved on 10/22/2009.

* Save the Prize – Cha-Ching Version by Joe Bustillos, http://www.viddler.com/explore/joebeebee/videos/17/ retrieved on 10/22/2009.

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]]> http://joebustillos.com/2009/10/22/save-the-prize-cha-ching-version/feed/ 2 Convergence Culture: The Power of Media in the Hands of Users http://joebustillos.com/2009/10/14/convergence-culture-the-power-of-media-in-the-hands-of-users/ http://joebustillos.com/2009/10/14/convergence-culture-the-power-of-media-in-the-hands-of-users/#comments Thu, 15 Oct 2009 03:27:21 +0000 joe.bustillos http://joebustillos.com/?p=3296 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. [...]]]>

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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]]> http://joebustillos.com/2009/10/14/convergence-culture-the-power-of-media-in-the-hands-of-users/feed/ 0 The Creative Commons Solution http://joebustillos.com/2009/07/26/the-creative-commons-solution/ http://joebustillos.com/2009/07/26/the-creative-commons-solution/#comments Sun, 26 Jul 2009 23:46:56 +0000 joe.bustillos http://joebustillos.com/?p=2722 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 [...]]]>

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:

When: Fourth week on a time and day selected by your small group and the course director (NOTE: There is no archive you must do everything you can to attend your small groups session)

The Creative Commons Solution


Pre-session videos & Information: Please make sure to preview the following videos and read through the information listed below before our session together


A Shared Culture




Mayer and Bettle Explain Creative Commons



Mayer and Bettle explain what Creative Commons is and how it works. A short promotional animation created for Creative Commons Australia and the Queensland University of Technology (QUT).

Creative Commons is a license platform that recognizes that there needs to be an easy to understand way for content creators to communicate their sharing choices that falls between “All Rights Restricted” and “Public Domain.”

Larry Lessig’s TED Talk about Remix Culture:

If you would like further information on Creative Commons consult the following cartoons (this is an optional activity):
Creative Commons Comic part1
Creative Commons Comic part2
Creative Commons Comic part3
Creative Commons Comic part4

Media & Good Netiquette:


Please watch the following video, we will be discussing it as it might related to our readings in “Art of Possibility”:



Stickam Meeting Instructions:

1. Please make sure you have your headset plugged in and on. The point of using Stickam is that you will all be on camera during the whole session, so have a light on and a smile on your face.

2. Please look at pre-session videos and information listed above. We will be discussing Creative Common, Good Netiquette & final thoughts on the Art of Possibility. Hint: If you don’t know what these words mean, you might want to do a little research on these words.

3. Log into your Skype account. Whoever sees all of the small group members is free to set-up the conference call (make sure to include your course director).
4. Go to our meeting site at:
http://homepage.mac.com/edm613/pages/edm613stickam.html

If you have a problem with the site listed above you can go to:
http://web.me.com/edm613/edm613/Wk4_Stickam_Session.html
username & password available upon request

For full instructions go to Wk3 Stickam Prep

5. Be Prepared to discuss this week’s activities & projects (above)
6. Course Q&A/Open discussion

Finally, please make every effort to be here – we benefit from each others’ input, questions and concerns. There is no archive created for these sessions. You’ll need to meet with a small group member for an info round up and then create a blog entry with the title: “Week 4 Stickam” and write a paragraph (minimum 5 sentences) about your thoughts or comments on the session based on your conversation with a small group member who attended the session. For attendees the blog entry is optional. Both attendees & non-attendees please make sure to click the DONE button at the bottom of this page.

Sources:
animated clipart images from microsoft.com, http://office.microsoft.com/en-us/clipart/default.aspx

image and video: A Shared Culture: Creative Commons, http://creativecommons.org/videos/a-shared-culture retrieved 7/26/2009

Blip.tv video: Mayer and Bettle explain Creative Commons, http://creativecommons.org/videos/mayer-and-bettle retrieved on 7/18/2009

TED Video: Larry Lessig on Remix Culture, http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html retrieved on 7/26/2009

images: Spectrum of Rights Comics, http://wiki.creativecommons.org/Spectrumofrights_Comic1 retrieved 7/26/2009

Youtube video: The Science Behind the Secret, http://www.youtube.com/watch?v=fRhk5_4xOa8 retrieved on 7/26/2009
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]]> http://joebustillos.com/2009/07/26/the-creative-commons-solution/feed/ 0 So What the Heck is Fair Use & How’s It Suppose to Protect My Butt http://joebustillos.com/2009/07/20/so-what-the-heck-is-fair-use-hows-it-suppose-to-protect-my-butt/ http://joebustillos.com/2009/07/20/so-what-the-heck-is-fair-use-hows-it-suppose-to-protect-my-butt/#comments Mon, 20 Jul 2009 04:08:49 +0000 joe.bustillos http://joebustillos.com/?p=2837 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 [...]]]>

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:

When: Third week Tuesday OR Thursday @ 8:30 pm ET (you only need to attend one session per week)

So What the Heck is Fair Use & How’s It Suppose to Protect My Butt


Pre-session videos & Information: Please make sure to preview the following videos and read through the information listed below before our session together


Fair-Use Fairy Tale




Copyright Basics - Reviewed:
Definition of Copyright:
* Permanently fixed work that can be seen or heard
* Only copyright owner can use the work

What can be Copyrighted:
* books
* plays
* films/movies
* dance
* music

Copyright Duration
* lifetime + 70 years – company 100 years

Facts About Fair Use:
1. There are limits to _______
2. A small bit can be used for: a. ______________, b. ______________, c. ________________, d. _______________
3. Three conditions to consider toward whether something is Fair Use: a. ______________, b. ______________, c. _________________
4. Fair-Use is not a ____________, it is a ________ ________ ___________


Check out the website http://www.centerforsocialmedia.org/fair_use for a remarkable list of “Best Practices” publications, especially a PDF called Online Best Practices in Fair Use and the following videos:

Fair Use and Free Speech in Documentary Film



ReMix Culture: Fair Use is Your Friend:


The last video is an optional video on how current copyright law is getting in the way of documentary makers presenting important social events in our recent history:


Wimba Instructions:

1. Please make sure you have your headset plugged in and on. I will be turning on the video cam, so have a light on and a smile on your face.

2. Please look at pre-session videos and information listed above. We will be discussing Fair Use. Hint: If you don’t know what these words mean, you might want to do a little research on these words.
3. Go to our Wimba site at: http://fullsail.wimba.com/ and go to the EMDT MAC Virtual Classroom
4. Be Prepared to discuss this week’s activities & project
5. Course Q&A/Open discussion

Finally, please make every effort to be here – we benefit from each others’ input, questions and concerns. If you cannot attend the expectation is that you will review the archive of the session and then create a blog entry with the title: “Week X Wimba session X” and write a paragraph (minimum 5 sentences) about your thoughts or comments on the archived session. For attendees the blog entry is optional. Both attendees & non-attendees please make sure to click the DONE button at the bottom of this page.

Sources:
Youtube video: A Fair(y) Use Tale by Eric Faden/Media Education Foundation, http://www.youtube.com/watch?v=CJn_jC4FNDo retrieved on 7/18/2009

Youtube video: How to Copyright : Learn What Cannot Be Protected Under Copyright Law by Nathan Boehme/Expert Village, http://www.youtube.com/watch?v=aAfKVg4SACY retrieved on 6/8/2009

Youtube video: Fair Use and Free Speech in Documentary Film produced by Center for Social Media School of Communication American University, http://www.youtube.com/watch?v=GY-2YshuJ8o retrieved on 7/18/2009

Blip.tv video: ReMix Culture: Fair Use is Your Friend: produced by Center for Social Media School of Communication American University, http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/ retrieved on 7/18/2009

PDF document: Online Best Practices in Fair Use produced by Center for Social Media School of Communication American University, http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/ retrieved on 7/18/2009

Youtube video: Eyes on the Fair Use of The Prize directed and produced by Jacob Caggiano, http://www.youtube.com/watch?v=0r0pM1hJGU8 retrieved on 7/18/2009
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]]> http://joebustillos.com/2009/07/20/so-what-the-heck-is-fair-use-hows-it-suppose-to-protect-my-butt/feed/ 1 Obama “Hope” Image vs. One Lost Shepard http://joebustillos.com/2009/04/10/obama-hope-image-vs-one-lost-shepard/ http://joebustillos.com/2009/04/10/obama-hope-image-vs-one-lost-shepard/#comments Fri, 10 Apr 2009 05:23:20 +0000 joe.bustillos http://joebustillos.com/?p=2095 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 [...]]]>
Photo: Mannie Garcia (AP), Image: Shepherd Fairey

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, “I think the artist stole the photo and his fair use claim will end up costing him treble damages. All depends on whether AP owns pic.”

When NPR’s Terry Gross asked the photographer of the Obama image, Mannie Garcia, his take on Fairey using his photograph he said, “[It's] crucial for people to understand, simply because it’s on the Internet doesn’t mean that it’s free for the taking, and that just because you can take it, means that it belongs to you.”

A cursory survey of opinions online from the likes of Milton Glaser on BoingBoing, Mark Vallen on Art-for-Change, The Institute of Contemporary Art/Boston, and Chal Pivik on the Los Angeles METBlogs, seems to show that the more the pundit knows about the actual steps or changes to the photo that Fairey made to create the poster the more likely the writer will come down on the side of Fairey’s Fair Use claim. Finally, NPR did an excellent job covering all of the angles of the story, finishing up with a discussion with law professor Greg Lastowka on the case and Fair Use. Click the player below for the complete NPR recording.

NPR: Fresh Air: Shepard Fairey: Inspiration Or Infringement?

Los Angeles Times Video: Hope: Shepard Fairey and Barack Obama

Postscript: Had my research on this story ended with the NPR piece I would have been left with a different image of Shepherd Fairey than the one I gained via a series of videos that were created long before Obama campaign, when Fairey’s main claim to fame was his “Andre the Giant: Obey!” world-wide sticker/poster/street art project. Fifteen-plus arrests later for “street art” activities and it’s little wonder that he’d be a media darling while at the same time being in trouble for taking someone’s else’s photograph and not thinking twice about using it to make the Obama: Hope image. When he says, “Icon” for the G4 series of the same name, implying his own status in the art/street culture world, I’m put off by the arrogance and willingness to play both sides of the media. When all of this plays out the title of his next video might be, “Shepherd Fairey: Oops.”

Sources:
Obama photo: Mannie Garcia (AP)/Obama image: Shepherd Fairey, retrieved from http://www.boingboing.net/2009/02/09/milton-glaser-weighs.html on 04/09/2009

Shepard Fairey: Inspiration Or Infringement? NPR Fresh Air interview, retrieved from http://www.npr.org/templates/story/story.php?storyId=101182453 on 02/27/2009

Hope: Shepard Fairey and Barack Obama – Los Angeles Time interview/video retrieved from http://www.youtube.com/watch?v=q_EOzZ9iaJQ&NR=1 on 04/07/2009

ICONS: Shepard Fairey, YouTube video retrieved from http://www.youtube.com/watch?v=ZNv-9IOBZZo on 04/07/2009

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