if steal this film ii proves at all useful in
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If STEAL THIS FILM II provesat all useful in bringing newpeople into the leagues ofthose now prepared to think
after intellectual property,think creatively about the fu-ture of distribution, produc-
tion and creativity, we haveachieved our main goal.Steal This Film II
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Archivists and collectorshave long lamented the lackof access to older recordings.So the Library of Congress
commissioned a team to ndout just how many are out ofprint. The report released
in August suggests thatover 70 percent of Americanmusic recorded before 1965is not legally available in the
United States.Joel Rose, NPR Music
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Orphan Works are copyrighted works
books, music, records, lms, etc. whoseowner cannot be located. Works can be-come orphaned for a number of reasons:the owner did not register the work, theowner sold rights in the work and did not
register the transfer, the owner died and hisheirs cannot be found the list goes on.Very often, orphan works become obscureno matter how valuable the material con-tained in them may be. No future creator is
willing to use the orphan work for fear thathe/she will have to pay a huge amount ofmoney in damages if the owner emerges.
Orphan Works | Public Knowledge
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The real harm of term exten-sion comes not from thesefamous works. The real harmis to the works that are not fa-
mous, not commercially ex-ploited, and no longer avail-able as a result.
Lawrence Lessig
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Comment and Criticism
If you are commenting upon or critiquinga copyrighted workfor instance, writ-ing a book review fair use principles al-low you to reproduce some of the work toachieve your purposes. Some examples of
commentary and criticism include: quoting a few lines from a Bob Dylansong in a music review summarizing and quoting from a medi-cal article on prostate cancer in a news re-
port copying a few paragraphs from a newsarticle for use by a teacher or student in alesson, or copying a portion of a Sports Illustrated
magazine article for use in a related courtcase.Stanford Copyright & Fair Use
What Is Fair Use?
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He who receives an idea from me, receives
instruction himself without lesseningmine; as he who lights his taper at mine,receives light without darkening me. Thatideas should freely spread from one to an-other over the globe, for the moral and mu-
tual instruction of man, and improvementof his condition, seems to have been pecu-liarly and benevolently designed by nature,when she made them, like re, expansibleover all space, without lessening their den-
sity at any point, and like the air in whichwe breathe, move, and have our physicalbeing, incapable of connement or exclu-sive appropriation.
Thomas Jefferson
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Fair use is a copyright principle based on
the belief that the public is entitled to free-ly use portions of copyrighted materialsfor purposes of commentary and criticism.For example, if you wish to criticize a nov-elist, you should have the freedom to quote
a portion of the novelists work withoutasking permission. Absent this freedom,copyright owners could stie any negativecomments about their work.
Stanford Copyright & Fair Use
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Bound by Law translateslaw into plain English andabstract ideas into visualmetaphors. So the comics
heroine, Akiko, brandishes alaser gun as she fends off acyclopean Rights Monster
- all the while learning copy-right law basics, includingthe line between fair use andcopyright infringement.
Brandt GoldsteinThe Wall Street Journal online
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Many of us have already usedthings from the public do-main, maybe it is about timewe put something back.
Time to examine the debates about theownership of intellectual property
Eye Magazine
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We want the Fair Use stat-utes within copyright law toallow for a much broader va-riety of free, creative reuses
of existing work wheneverthey are used in the creationof new work.
Intellectual Property Issues
Negativland
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The Shining bunnies parody not only pays
homage to the brilliance of the late StanleyKubrick, but my undying love for the sto-ries of Stephen King (though this versionof The Shining purportedly differed dras-tically from Kings original vision). I have
been a diehard fan of Stephen King sinceI was nine (when I got the bejeezus scaredout of me while reading my dads copy ofNight Shift).
The Shining in 30 seconds with bunnies
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As weve seen, our constitu-tional system requires limitson copyright as a way to as-sure that copyright holders
do not too heavily inuencethe development and distri-bution of our culture.
Lawrence Lessig
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The user-producer is a con-cept that speaks to the digi-tal experience and the free-doms that this digital culture
allows for ordinary people tobecome artists and produc-ers.
Guide to open content licenses
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Copying, cutting and past-ing, changing things, apply-ing lters, and so on are partof the basic language of dig-
ital media.Guide to open content licenses
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If in the realm of proprietarysoftware the user was a pas-sive consumer the free soft-ware model is predicated on
the idea of a user producer,a user who has the abilityto contribute to the existing
work and simultaneously be-come a producer as well.Guide to open content licenses
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Parody.This may genuinely be oneof the most common uses orsimply an artefact of the fact
that because of their popu-larity easily raise to attentionon video websites.
Recut, Reframe, Recycle
Center for Social Media at American Uni-versity
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A culture without property,or in which creators cantget paid, is anarchy, not free-dom.
Lawrence Lessig
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Fair use for the 21st century:if it adds value, its fair; if itsubstitutes, its not.
Boing Boing
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When college kids makemashups of Hollywood mov-ies, are they violating thelaw? Not necessarily, ac-
cording to the latest studyon copyright and creativityfrom the Center and Ameri-
can Universitys WashingtonCollege of Law.Recut, Reframe, Recycle
Center for Social Media at American Uni-versity
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Fair use is the part of copy-right law that permits newmakers, in some situations,to quote copyrighted material
without asking permission orpaying the owners. The courtstell us that fair use should be
transformativeaddingvalue to what they take andusing it for a purpose differ-ent from the original work.
Recut, Reframe, RecycleCenter for Social Media at American Uni-
versity
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Fair use is the right, in some circumstanc-
es, to quote copyrighted material withoutasking permission or paying for it. It is acrucial feature of copyright law and whatkeeps copyright from being censorship.You can invoke fair use when the value
to the public of what you are saying out-weighs the cost to the private owner of thecopyright.
Fair Use and Free Speech ResourcesCenter for Social Media at American University
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There is a ton of new crea-tivity in the user generatedspace, and much of it buildson unauthorized uses of
copyrighted material. In thisnew era of participatory me-dia, where should we draw
the line between infringe-ment and fair use? Take alook at our new video, high-lighting some of the ways
that existing content is be-ing repurposed.
Remix Culture
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Share, Remix, Reuse Le-gally Creative Commonsprovides free tools that letauthors, scientists, artists,
and educators easily marktheir creative work with thefreedoms they want it to car-
ry. You can use CC to changeyour copyright terms fromAll Rights Reserved toSome Rights Reserved.
Creative Commons
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If a traditional twentieth century model of
cultural communication described move-ment of information in one direction froma source to a receiver, now the receptionpoint is just a temporary station on infor-mations path. Information arrives, gets re-
mixed with other information, and then thenew package travels to other destinationwhere the process is repeated.
Lev ManovichRemixability and Modularity
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Lawrence Lessig (author ofFree Culture) could be calleda cultural environmentalist.One of Americas most orig-
inal and inuential public in-tellectuals, his focus is thesocial dimension of creativ-
ity: how creative work buildson the past and how societyencourages or inhibits thatbuilding with laws and tech-
nologies.Free Culture
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There is a fantastic quote byMark Ghetty, who is the own-er of Ghetty Images, which isa huge corporate image da-
tabase, and hes one of thelargest intellectual propri-etors in the world. He once
said intellectual property isthe oil of the 21st century.Ita a fantastic quote, youcould condense it to one
word that is, war.Steal This Film II
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A childs appetite for newtoys appeal to the desirefor ownership and appro-priation: the appeal of toys
comes to lie not in their usebut in their status as posses-sions.
Christopher Lasch
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The idea of copyright did notexist in ancient times, whenauthors frequently copiedother authors at length in
works of non-ction. Thispractice was useful, and isthe only way many authors
works have survived even inpart.Richard Stallman
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Napsters only alleged liabili-ty is for contributory or vicar-ious infringement. So whenNapsters users engage in
noncommercial sharing ofmusic, is that activity copy-right infringement? No.
David Bies
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The fundamental urge tocopy had nothing to do withtechnology. Its about howculture is created. But tech-
nology of course changeswhat we can copy how quick-ly we can copy and how we
can share it. Steal This Film II
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Appropriation: To take possession of an-
others imagery (or sounds), often withoutpermission, reusing it in a context whichdiffers from its original context, most of-ten in order to examine issues concerningoriginality or to reveal meaning not previ-
ously seen in the original. This is far moreaggressive than allusion or quotation, it isnot the same as plagiarism however. Animage reused in collage is an example, butmore complete are the photographs that
Sherri Levine (American) made of photo-graphs by earlier photographers.
ArtLex
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What happens when a copy-ing mechanism is invented?And you can take the print-ing press or you can take bit-
torrent. It shapes peopleshabits. It gives people com-pletely new ideas how they
could work how they couldwork together how they couldshare what they could relateto what their lives could be.
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Why should improvementsin our capacity to copy belinked to social change? Be-cause communicating so
fundamental to what we doin the world is itself and actof copying.
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Sharing is at the heart of in some senses,
existence. Communication, the need to talkto someone, is an act of sharing. The needto listen to someone is an act of sharing.Why do we share our culture? Why do weshare language? Because we imitate each
other. This is how we learn to speak. This ishow a baby learns. This is how new thingscome into society and spread through so-ciety. Basically what keeps us together isthat we copy from each other.
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Our urge to communicate isso strong that we have al-ways pushed the tools avail-able to us to the limit. then
gone beyond them, creatingnew technologies that repro-duce our ideas on previously
unimaginable scales.Steal This Film II
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One of the really importantcharacteristics of the internetis that its extremely decen-tralized and that the services
on the internet are inventedand operated by other net-work users.
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In relying on the internet,society was bringing into itsvery center a machine whoseprimary function was the re-
production and distributionof information.
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What ARPAs engineers hadproduced was the blueprintfor a massive copying ma-chine without master which
would grow at a fantastic rateinto todays Internet.
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You can make somethingproperty if you can build afence for it, you can enclosesomething, if you can build
a wall around it.Steal This Film II
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Theres a thing, a book a re-cord a lm that you can holdonto and not give somebodyelse or you can give it to them.
And the whole payment sys-tem was built around: Do Igive you this unit of informa-
tion? or dont I give it to you?And that was how the wholemodel of copyright was builtfrom the book on up.
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What used to be property- music, cinema - now be-comes very, very easy totransmit across barriers.
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We have today the ability tomake copies and distributecopies inexpensively. If onecopy leaks out on the inter-
net very rapidly its availableto everyone.
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One can always try to createarticial boundaries, tech-nological boundaries whichprevent us from sharing les
prevent us from sharing mu-sic etc. But how do you createa wall or a boundary against
the very basic desire of shar-ing?Steal This Film II
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I think the war on piracy isfailing for social reasons.People like to communicate.People like to do, to share
things. People like to trans-form things and technologymakes it so easy that theres
no way of stopping it.Steal This Film II
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We cant really be blamed forjust downloading somethingthats already on the inter-net.
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If its a crime, why put it onthere?
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So whether youre using along-lost peer-to-peer sys-tem, like the original Nap-ster, or youre using Gnutel-
la, or youre using bittorrentthe principle here is that youare actually engaging in in-
ternet communication as itwas originally designed, youare able to serve content aswell as consume.
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The les are out there. Theyhave been downloaded.Theyre down, theres no upanymore. Theyre all down.
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Were surrounded by imag-es. Every day, everywhere.Theres nothing you can doabout it. But the problem with
these images is that theyrenot yours. Peoples lives aredetermined by images that
they have no rights to what-soever, and thats - Id sayits a very unfortunate situa-tion.
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Radio. Television. Newspa-pers. Film. At the heart of allof them there is a very cleardistinction between the pro-
ducer and the consumer. Andthe idea is a very, very staticone. That here is a technolo-
gy that allows me to commu-nicate to you. But its not re-ally a conversation that onehas in mind.
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This is the question thatfaces us today. If the battleagainst sharing is alreadylost - and media is no longer
a commodity - how will soci-ety change?
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The panic of the movie indus-try and the music industryis that people could actuallystart to produce and that le
sharing networks - le shar-ing technology enables themto produce stuff.
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People have lamented muchthe death of the author whatwere witnessing now is farbeyond - Its the becoming
producer of former consum-ers. and that suggests a neweconomic model for soci-
ety. Steal This Film II
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But the real battle or the realthreat lays in a shift in theways that we think of thepossibilities of ourselves as
creators and not merely asconsumers.
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One of the things that in-trigues me tremendouslyabout the proliferation of ma-terial thats out there in the
world for people to grab, isthe potential creation of mil-lions of new authors.
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Thanks to the internet, thanks to digital
technologies the gatekeepers have re-ally been removed. People can take moreof their cultural environment make it theirown use it as found materials to put togeth-er their own expressions do their own re-
search, create their own communications,create their own communities when theyneed collaboration with others.
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I want to make people realizetheir own value - I want themto realize that they are themasters of their own content,
that they create something,they can share it if someoneelse created something they
can contribute, they can helpthey can get it and use it theway its supposed to be.
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If everything is user-gener-ated it also means that youhave to create something inorder to be part of the soci-
ety.Steal This Film II
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I think one of the things thatwe are seeing coming out isculture where things are pro-duced because people care
about it and not necessari-ly because they hope otherpeople will buy it.
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We want a world in whichwe can share, work togetherand nd new ways to supporteach other while were doing
it. This is the world were tyr-ing to bring into being.
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A force like this, a power likethis. Zillions of people con-nected sharing data, shar-ing their work, sharing the
work of others this situationis unprecedented in humanhistory, and it is a force that
will not be stopped.Steal This Film II
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Because we all produce in-formation now, we all re-produce information. We alldistribute it. We cant stop
ourselves. Its like breath-ing.
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Whats at stake is our free-domfreedom to create,freedom to build, and ulti-mately, freedom to imagine.
Free Culture
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As the Internet has been in-tegrated into ordinary life, ithas changed things. Someof these changes are techni-
calthe Internet has madecommunication faster, it haslowered the cost of gather-
ing data, and so on.Free Culture
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The process of excerptingand slowing down, of iso-lation and pointing out, (...)makes us pay attention to
those moments in lms wemight ordinarily ignore infavor of an intentional mes-
sage or concept, or a intrigu-ing narrative.Tom Gunning
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Most human cultures developed by bor-
rowing and reworking forms and stylesfrom other cultures; the resulting remix-es were to be incorporated into othercultures. Ancient Rome remixed AncientGreece; Renaissance remixed antiquity;
nineteenth century European architectureremixed many historical periods includ-ing the Renaissance; and today graphicand fashion designers remix together nu-merous historical and local cultural forms,
from Japanese Manga to traditional Indianclothing.
Lev Manovich (Remixability and Modularity)
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I think the most interesting aspects of Web
2.0 are new tools that explore the contin-uum between the personal and the social,and tools that are endowed with a certainexibility and modularity which enablescollaborative remixability a transforma-
tive process in which the information andmedia weve organized and shared canbe recombined and built on to create newforms, concepts, ideas, mashups and ser-vices.
Lev Manovich (Remixability and Modularity)
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If creativity is a eld, copy-right is the fence.
John Oswald
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The people formerly knownas the audience are not re-turning to their previousstate. Tomorrows makers
will continue to use the pop-ular cultures they interactwith as raw material for their
own work. Recut, Reframe, RecycleCenter for Social Media at American Uni-
versity
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Intellectual property is ameaningless concept - ideasdont behave like land andcannot be possessed or
alienated.Anna Nimus
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Unlike a material object,which can exist in only oneplace at a given time, ideasare non-rivalrous and non-
exclusive. A poem is no lessan authors poem despiteits existence in a thousand
memories. Anna Nimus
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Ideas are not original, theyare built upon layers of knowl-edge accumulated through-out history.
Anna Nimus
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All creative works reassem-ble ideas, words and imagesfrom history and their con-temporary context.
Anna Nimus
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The notion of a cultural com-mons abolishes the distinc-tion between producers andconsumers, viewing them as
equal actors in an ongoingprocess.
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The mission of the Free Cul-ture movement is to builda bottom-up, participatorystructure to society and cul-
ture, rather than a top-down,closed, proprietary struc-ture.
www.freeculture.org
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Through the democratizingpower of digital technologyand the Internet, we can placethe tools of creation and dis-
tribution, communicationand collaboration, teachingand learning into the hands
of the common person.www.freeculture.org
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We believe that cultureshould be a two-way af-fair, about participation, notmerely consumption.
www.freeculture.org
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We will not be content to sit passively at
the end of a one-way media tube. With theInternet and other advances, the technol-ogy exists for a new paradigm of creation,one where anyone can be an artist, andanyone can succeed, based not on their
industry connections, but on their merit.We will contribute, discuss, annotate, cri-tique, improve, improvise, remix, mutate,and add yet more ingredients into the freeculture soup.
www.freeculture.org
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We will be active participantsin a free culture of connec-tivity and production, madepossible as it never was be-
fore by the Internet and dig-ital technology, and we willght to prevent this new po-
tential from being lockeddown by corporate and leg-islative control.
www.freeculture.org
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The future is in our hands;we must build a technologi-cal and cultural movementto defend the digital com-
mons.www.freeculture.org
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