Posted on October 11, 2008 in fc2008 by Brian RoweView Comments

This is the first real social justice panel that I have seen at a free culture event.  I am very impressed to see a more global side to Free Culture.

Michael Eisen Founder, PLoS, Professor, UC Berkeley

PLoS is a nonprofit organization of scientists and physicians committed to making the world’s scientific and medical literature a freely available public resource. All our activities are guided by our core principles.

Academic copyright is basically held by parasitic middle men.  The system is just absurd.  In academia the copyright does not create innovation it only limits access to knowledge.

Next steps: Declare an open access deadline

Ethan Guillen ED, Universities Allied for Essential Medicines

Patents are a major barrier when it comes to access to medicine.   Universities are really one of the bad actors in this space.  We need sustained action from students to ensure that non profits do not infer with access.

Eddan Katz EFF, Access to Knowledge (Note: A2K is not an org just an idea)

Action: Follow prize funds. Look at distributed production models online and use them.

Amy Kapczynski Professor, Boalt

Action: push for open publishing.  Internationaly help with exceptions in copyright.  Find new ways to work through the next administration to make access a priority. As student fight for open access classes!

Posted on October 11, 2008 in fc2008 by Brian RoweView Comments

The open museum project is in its early stages. The museum is looking for feedback and your ideas. Here is the basic mission statement:

The University of California, Berkeley Art Museum and Pacific Film Archive (BAM/PFA) is host to the Open Museum, the first “open-source” museum collection. The Open Museum, currently in the early stages of planning and development, will be:

  • A preservation repository for born-digital art works
  • A public website that allows unprecedented access to these works
  • An innovative legal, economic, and cultural framework for the digital arts

Building on the foundation of research resulting from past digital media projects pioneered by BAM/PFA – including an NEA-funded national consortium project to preserve digital art – the Open Museum project will develop systems that will preserve and provide open access to “born digital” art, that is, art that was created and exists in a digital format. What underlies all digital art is code; code that can be distributed online via the Open Museum. The digital art in the Open Museum will be open-source in the sense that, with the permission of participating artists, source code for art works will be free for others to download, study, or re-mix into new works.

Needs: finding alternative models for funding open art. Patrons for the arts could be used to open art up at donation levels.

Posted on October 11, 2008 in Fair Use, IP, fc2008, remix by Brian RoweView Comments

The conference is being live streamed

Remix Culture: Moderator Elizabeth Stark

Anthony Falzone – Stanford Fair Use Project

Fair use 101 and sampling. The most important fair use case is Campbell v. Acuff-Rose Music .  Transformative, creative, new meaning new expression. Does sampling = Infringement?  This question is wide open to the right action!  The claim that sampling is illegal is a myth!  The Biz Markie case, over the song alone again, in this case the issue of fair use was never reaised!  100 Miles and Running, NWA case, no fair use raisedNotorious BIG, ready to die, three notes used fair use was never raised!  In almost every major sampling case fair use has not been litigated.

AMAZING talk,  well worth watching and activist in nature!

Here is Anthony’s favorite case:  Jeff Koons won a summary judgment in a case he took on when commercial photographer Andrea Blanch sued him for copyright infringement; Blanch appealed, and has lost.

Download and read the decision:
Blanch v. Koons, No. 05-6433 (2nd Circuit, October 26, 2006)
Summary judgment for defendants, a visual artist and institutions that commissioned and exhibited one of his paintings, is affirmed where an artist’s appropriation of a copyrighted image in a collage painting constitutes a protected “fair use” under copyright law.

Read more about this case at NEWSgrist

Larisa Mann – DJ Ripley, Berkeley Law – Modern history of remix.

This presentation was almost all clips of music.  It was a good presentation but tought to talk about the music.  I will post more on her talk if I can get some of the clips.

Baltimore club music – referred to as just club music.

Marc Perlman – Professor of Musicology, Brown -Remixthrough the ages

Reasons for remix – Humor, Homage, Ridicule, virtuosic/ Competitive emulation, Aesthetic (“improvement”), religious.  The law fails to recognize many of the reasons for remixing.  Comments from Brian:  Fair use might be an avenue for recognizing more of the these puorpses for remixing.
Here is one example from our history – the original song the Star Spangled Banner is based on:

To ANACREON in Heav’n, where he sat in full Glee,
A few Sons of Harmony sent a Petition,
That He their Inspirer and Patron wou’d be;
When this Answer arriv’d from the JOLLY OLD GRECIAN
“Voice, Fiddle, and Flute,
“No longer be mute,
“I’ll lend you my Name and inspire you to boot,
“And, besides, I’ll instruct you like me, to intwine
“The Myrtle of VENUS with BACCHUS’s Vine.

David Evan Harris – Global Lives Project

Very interesting video project pased on documenting 10 peoples lives for 24 hours each.  All the videos are under CC.  The project is using dotsub to translate all the videos.

Q: is GirlTalk legal?
A: depends on if he wins. Note Brian: we have a responsibility to to make sure he wins if sued!

The main negative on the panels, was not enough time for Q&A