why free use is fair

Why free use Why free use is fairis fair

www.flickr.com/photos/www.flickr.com/photos/dugsprdugspr

Free as in Free as in speechspeech

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Not free as in Not free as in beerbeer

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““A free culture supports and protects creators A free culture supports and protects creators and innovators. It does this directly by granting and innovators. It does this directly by granting intellectual property rights…”intellectual property rights…”

www.flickr.com/photos/scobleizerwww.flickr.com/photos/scobleizer

“…“… But it does so indirectly by limiting the But it does so indirectly by limiting the reach of those rights, to guarantee that reach of those rights, to guarantee that follow-on creators and innovators remain as follow-on creators and innovators remain as free as possible from the control of the free as possible from the control of the past…”past…”

– – Larry LessigLarry Lessig

Free use gives Free use gives the public the public

domain domain creative value creative value

www.flickr.com/photos/santioliveriwww.flickr.com/photos/santioliveri

It allows thisIt allows this

and thisand this

to become thisto become this

Copyright Copyright regulates the regulates the technology of technology of

copyingcopying

www.flickr.com/photos/bettyx1138www.flickr.com/photos/bettyx1138

1700s, England

www.flickr.com/photos/aplumb

www.flickr.com/photos/nastiki

Meet Queen Meet Queen AnneAnne

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Her famous Her famous statuestatue

Her more famous Her more famous statutestatute

““Printers, Booksellers, and other Printers, Booksellers, and other Persons, have of late frequently taken Persons, have of late frequently taken the Liberty of Printing, Reprinting, and the Liberty of Printing, Reprinting, and Publishing… Books, and other Writings, Publishing… Books, and other Writings, without the Consent of the Authors or without the Consent of the Authors or Proprietors of such Books and Writings, Proprietors of such Books and Writings, to their very great Detriment, and too to their very great Detriment, and too often to the Ruin of them and their often to the Ruin of them and their Families….Families….

“…“…For Preventing therefore such For Preventing therefore such Practices for the future, and for the Practices for the future, and for the Encouragement of Learned Men to Encouragement of Learned Men to Compose and Write useful Books…”Compose and Write useful Books…”

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“…“…for the Term of fourteen Years to for the Term of fourteen Years to Commence from the Day of the First Commence from the Day of the First Publishing the same, and no longer.”Publishing the same, and no longer.”

Meet Daniel Meet Daniel DefoeDefoe

(Before (Before copyright)copyright)

Permitted use onlyPermitted use onlyuntil 1733until 1733

www.flickr.com/photos/nastiki

Free useFree use

Then free use in the Then free use in the public domainpublic domain

1800s, New Zealand

Trevor Ulyatt, Alexander Turnbull LibraryTrevor Ulyatt, Alexander Turnbull Library

Meet William Meet William ColensoColenso

He was very He was very formal with formal with autographsautographs

Meet William YateMeet William Yate

““On the 1st September, 1830, Mr. Yate On the 1st September, 1830, Mr. Yate wrote, ‘Employed with James Smith in wrote, ‘Employed with James Smith in printing off a few hymns in the native printing off a few hymns in the native language. We succeeded beyond our language. We succeeded beyond our most sanguine expectations’... [yet] the most sanguine expectations’... [yet] the press, the printer, James Smith, and the press, the printer, James Smith, and the type disappeared as mysteriously as type disappeared as mysteriously as they appeared.” they appeared.”

-- H. Hill

Read before the Hawke's Bay Philosophical Institute13th August, 1900

Free useFree use

Free useFree use

Free useFree use

Free useFree use

Free useFree use

Free useFree use

Free useFree use

Free useFree use

Free useFree use

Free useFree use

Free use gives Free use gives the public the public

domain domain creative value creative value

www.flickr.com/photos/santioliveriwww.flickr.com/photos/santioliveri

(Although...?)(Although...?)

www.flickr.com/photos/aplumb

Fast forward...Fast forward...

www.flickr.com/photos/funadiumwww.flickr.com/photos/funadium

www.flickr.com/photos/jkohenwww.flickr.com/photos/jkohen

www.flickr.com/photos/jkohenwww.flickr.com/photos/jkohen

www.flickr.com/photos/badbrainzwww.flickr.com/photos/badbrainz

www.flickr.com/photos/www.flickr.com/photos/tomislavmedaktomislavmedak

www.flickr.com/photos/makarelloswww.flickr.com/photos/makarellos

www.flickr.com/photos/sherlock77www.flickr.com/photos/sherlock77

www.flickr.com/photos/tellumowww.flickr.com/photos/tellumo

www.flickr.com/photos/else10www.flickr.com/photos/else10

www.flickr.com/photos/www.flickr.com/photos/befuddledsensesbefuddledsenses

www.flickr.com/photos/dmuthwww.flickr.com/photos/dmuth

2009, England

300 years after Queen Anne

www.flickr.com/photos/tylerlovewww.flickr.com/photos/tylerlove

1877 photograph 1877 photograph ©British Library ©British Library

BoardBoard

Written permission Written permission requiredrequired

c1708 painting c1708 painting ©The Royal ©The Royal CollectionCollection

Written permission Written permission requiredrequired

1705 painting1705 painting© National Portrait © National Portrait

Gallery, LondonGallery, London

Licence fee:Licence fee:up to £400 up to £400

1890 painting1890 painting©National Gallery©National Gallery

Licence fee:Licence fee:Up to £1050Up to £1050

1862 engraving1862 engraving© National Portrait © National Portrait

Gallery, LondonGallery, London

Threat to sue Threat to sue Wikimedia Wikimedia

Commons for Commons for copyright violationcopyright violation

public domain public domain creative value creative value

www.flickr.com/photos/santioliveriwww.flickr.com/photos/santioliveri

www.flickr.com/photos/sovietukwww.flickr.com/photos/sovietuk

public domain public domain creative value creative value

www.flickr.com/photos/sovietukwww.flickr.com/photos/sovietuk

“…“… To put it plainly, WMF's position has To put it plainly, WMF's position has always been that faithful reproductions of always been that faithful reproductions of two-dimensional public domain works of art two-dimensional public domain works of art are public domain, and that claims to the are public domain, and that claims to the contrary represent an assault on the very contrary represent an assault on the very concept of a public domain”concept of a public domain”

- Wikimedia - Wikimedia FoundationFoundation

2009, New Zealand

www.flickr.com/photos/tylerlovewww.flickr.com/photos/tylerlove

1868 photograph1868 photographIt must not be reproduced, downloaded, printed, It must not be reproduced, downloaded, printed,

adapted, distributed or published without the adapted, distributed or published without the permission of the National Library of New permission of the National Library of New

ZealandZealand

c1860 photographc1860 photographNone of the content of this website may be None of the content of this website may be

reproduced, copied, used, communicated to the reproduced, copied, used, communicated to the public or transmitted without the express written public or transmitted without the express written

permission of Te Papapermission of Te Papa

c1840 paintingc1840 paintingYou may save or print this image for research You may save or print this image for research

and study. If you wish to use them for any other and study. If you wish to use them for any other purpose, you must complete the Request for purpose, you must complete the Request for Permission form from the National Library of Permission form from the National Library of

AustraliaAustralia

1900 text1900 textYou can search, browse, print and You can search, browse, print and

download for research and personal download for research and personal study. Permission must be obtained from study. Permission must be obtained from the Royal Society of New Zealand for any the Royal Society of New Zealand for any

other useother use

1837 text1837 textYou can print from this site for You can print from this site for personal research. All other use personal research. All other use

requires permission from the requires permission from the Alexander Turnbull LibraryAlexander Turnbull Library

1852 text1852 textNo images are to be reproduced in No images are to be reproduced in any format or media without prior any format or media without prior

permission from the Hocken Library permission from the Hocken Library in the first instance.in the first instance.

“…“…The opposite of a free culture is a The opposite of a free culture is a ‘permission culture’ - a culture in which ‘permission culture’ - a culture in which creators get to create only with the creators get to create only with the permission of the powerful, or of creators permission of the powerful, or of creators from the past.” from the past.”

– – Larry LessigLarry Lessig

www.flickr.com/photos/sovietukwww.flickr.com/photos/sovietuk

““...If museums and galleries not only claim ...If museums and galleries not only claim copyright on reproductions, but also control copyright on reproductions, but also control the access to the ability to reproduce the access to the ability to reproduce pictures (by prohibiting photos, etc.), pictures (by prohibiting photos, etc.), important historical works that are legally in important historical works that are legally in the public domain can be made inaccessible the public domain can be made inaccessible to the public except through gatekeepers.”to the public except through gatekeepers.”

- Wikimedia - Wikimedia FoundationFoundation

The way we The way we create culture is create culture is through through

free usefree use

The way we The way we preserve culture is preserve culture is through through

making making copiescopies

Increasingly Increasingly

digital digital copiescopies

Everything in this Everything in this powerpoint is a powerpoint is a

digital digital copycopy

More culture than More culture than ever relies on ever relies on

permitted permitted useuse

Permitted use of Permitted use of the public domain the public domain

is not is not fair fair anythinganything

We need to We need to

fix thisfix this

You may be pleased You may be pleased to know we’re to know we’re

making a making a startstart

Why free use Why free use is fairis fair

www.flickr.com/photos/www.flickr.com/photos/dugsprdugspr

Lewis BrownLewis Browntwitter: @wiselarktwitter: @wiselarkemail: email: advice@digitalnz.orgadvice@digitalnz.org