Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts
Monday, January 30, 2017
JSG Boggs is Dead, 30 January, 2017
NYTimes article
He's one of my favourite artists- his ideas about money, it's value, and why we trade it (why is it worth anything at all?) were so interesting. RIP
Thursday, August 6, 2015
BDM103, Copyright infringement, film and music, 10 August
See Also Power Rangers entry 10 February.
Power Rangers Fanfic movie
Blurred Lines and Marvin Gaye copyright issues analysis
Blurred Lines Video
Marvin Gaye's Got to Give it Up on SoulTrain video
side by side comparison audio
lawsuit result- Blurred Lines owes Marvin Gaye's estate $US7.3 million dollars.
Power Rangers Fanfic movie
Blurred Lines and Marvin Gaye copyright issues analysis
Blurred Lines Video
Marvin Gaye's Got to Give it Up on SoulTrain video
side by side comparison audio
lawsuit result- Blurred Lines owes Marvin Gaye's estate $US7.3 million dollars.
Tuesday, August 4, 2015
BDM127, Pitch, fonts, 4 August
I like this font, but it's not free for commercial use, so I'll mimic some elements without copying it.
I like the square quality of the marker/brush and the drips.
Rachel has sourced some drip brushes from deviantart.com, so I'm good to go!
fonts on screen Glenn introduced me to this site- it reads the fonts you have on your computer and lets you see what they all look like. I typed in the word Art and was able to compare dozens of samples side by side.
Thursday, July 30, 2015
BDM103, Professional Practices, Crowdfunding and Merchandising, 18 July
crowdfunding free culture
If I understand this correctly, there's something called Creative Commons, and people load content up for others to use for their own purposes. The user has to give credit to the original artist and they're free to move the idea along as they see fit. I'm all for USING the CC, but then you're supposed to "give back" by posting something of your own for other people to riff on. And that's where I suddenly get the cold sweats. I must be thinking about ideas capitalistically rather than communally.
merchandising and fan art
If I've got the story right, one guy in an episode of cult sci-fi classic "Firefly" had on a very ugly hat (see below). The show was cancelled abruptly leaving legions of bereft nerds with nowhere to go for solace/knitwear. The Doctor Who people already had a major stake in scarves, so they had their grandmas make them a copy of the hat. Then some of them started selling them to each other on etsy, ebay and at conventions. Then the people that used to broadcast the show noticed how popular this show they'd cancelled was and decided to capitalize on it by licensing the ugly hat. Now the nerd's Grandmas are getting cease and desist orders! Is this fair when there were no legal options for them to get the merchandise in the first place? Is it not a bit snotty to come in and ruin the party when they already dissed their fans by cancelling the show? Could there BE an uglier orange hat? Yes, and I own it but it does not have a cool pom pom on top.
If I understand this correctly, there's something called Creative Commons, and people load content up for others to use for their own purposes. The user has to give credit to the original artist and they're free to move the idea along as they see fit. I'm all for USING the CC, but then you're supposed to "give back" by posting something of your own for other people to riff on. And that's where I suddenly get the cold sweats. I must be thinking about ideas capitalistically rather than communally.
merchandising and fan art
If I've got the story right, one guy in an episode of cult sci-fi classic "Firefly" had on a very ugly hat (see below). The show was cancelled abruptly leaving legions of bereft nerds with nowhere to go for solace/knitwear. The Doctor Who people already had a major stake in scarves, so they had their grandmas make them a copy of the hat. Then some of them started selling them to each other on etsy, ebay and at conventions. Then the people that used to broadcast the show noticed how popular this show they'd cancelled was and decided to capitalize on it by licensing the ugly hat. Now the nerd's Grandmas are getting cease and desist orders! Is this fair when there were no legal options for them to get the merchandise in the first place? Is it not a bit snotty to come in and ruin the party when they already dissed their fans by cancelling the show? Could there BE an uglier orange hat? Yes, and I own it but it does not have a cool pom pom on top.
Wednesday, July 22, 2015
BDM103, Professional Practices, Tutorial Assignment, 28 July
Tutorial assignment due next Tuesday:
find at least 5 examples of 'parody'
creators of parody may be faced with questions of copyright infringement. make notes to explain your viewpoint with regard to each example. Also look for Examples where someone has made a complaint against the parody.
Have these ready for the next class in powerpoint for discussion.
Wanna-ben
I worked on two series of "Wanna-Ben" in Auckland and the first year, each episode had a song parody. New lyrics were created based on the tune of a hit song and we shot a video to go with it. The next year, they only shot one. I was told that they thought they were covered by parody rights but weren't and retroactively had to pay lots and lots and LOTS of money in royalties for using the songs.
Ben Explaining NZ parody laws to Weird Al Yankovich
Botox Face
Botox Face is a parody of Lady Gaga's Poker Face. I love this parody because it skewers the song and singer and plastic surgery. But I love it most because I worked on this video and made the dancing syringes, did all the make up, made the costume, and that's my hand injecting Ben's b-b-botox face!
Sesame Street's Dr. Feel
Sesame Street Game of Thrones parody "Game of Chairs"
It's not a good parody unless you can recognize who is being satirized. Both of these Sesame Street parodies are spot-on homages to the original subject matter while still containing uniquely Sesame Street characters and situations. And fortunately, US laws permit it.
SNL's Real Housewives of Disney (parody)
Why doesn't SNL ever get sued?
Parody Lawsuits Revisited
What What (in the butt) video by Samwell
South Park What What parody
South Park wins lawsuit
"In November, Brownmark Films sued over a 2008 South Park episode entitled Canada on Strike in which the character Butters re-created an Internet video sensation from the singer Samwell.
Samwell's super silly video for What What (In the Butt) was downloaded more than 41 million times on YouTube and featured on PerezHilton and VH1's Best Week Ever.
Brownmark claimed the re-creation of its music video constituted copyright infringement.
In response, Viacom said it was a parody and fell squarely within "fair use" exceptions to copyright.
A Wisconsin federal judge agrees, making the rare step to affirm "fair use" at the summary judgment phase."
Brownmark said their copyright had been infringed while South Park said the Fair Use exception to copyright law allows them to mock viral videos, a social happening, with a parody of a viral video.
Twitter parody account could get you sued
"Unfortunately for the parody account holder, they forgot to add some pretty basic safeguards against such lawsuits into their account. Twitter stipulates that all parody accounts should be clearly labeled as such, using a word like “fake”, “not” or “fan” in the username and the profile name. They should also be clearly labeled as a parody within the bio, and should not try to mislead users into believing that it is the real company or individual that it is parodying."
R.Crumb sued by Disney for Mickey Mouse satire 60s or 70s?
Disney's Influence over Copyright Law
find at least 5 examples of 'parody'
creators of parody may be faced with questions of copyright infringement. make notes to explain your viewpoint with regard to each example. Also look for Examples where someone has made a complaint against the parody.
Have these ready for the next class in powerpoint for discussion.
Wanna-ben
I worked on two series of "Wanna-Ben" in Auckland and the first year, each episode had a song parody. New lyrics were created based on the tune of a hit song and we shot a video to go with it. The next year, they only shot one. I was told that they thought they were covered by parody rights but weren't and retroactively had to pay lots and lots and LOTS of money in royalties for using the songs.
Ben Explaining NZ parody laws to Weird Al Yankovich
Botox Face
Botox Face is a parody of Lady Gaga's Poker Face. I love this parody because it skewers the song and singer and plastic surgery. But I love it most because I worked on this video and made the dancing syringes, did all the make up, made the costume, and that's my hand injecting Ben's b-b-botox face!
Sesame Street's Dr. Feel
Sesame Street Game of Thrones parody "Game of Chairs"
It's not a good parody unless you can recognize who is being satirized. Both of these Sesame Street parodies are spot-on homages to the original subject matter while still containing uniquely Sesame Street characters and situations. And fortunately, US laws permit it.
SNL's Real Housewives of Disney (parody)
Why doesn't SNL ever get sued?
Parody Lawsuits Revisited
What What (in the butt) video by Samwell
South Park What What parody
South Park wins lawsuit
"In November, Brownmark Films sued over a 2008 South Park episode entitled Canada on Strike in which the character Butters re-created an Internet video sensation from the singer Samwell.
Samwell's super silly video for What What (In the Butt) was downloaded more than 41 million times on YouTube and featured on PerezHilton and VH1's Best Week Ever.
Brownmark claimed the re-creation of its music video constituted copyright infringement.
In response, Viacom said it was a parody and fell squarely within "fair use" exceptions to copyright.
A Wisconsin federal judge agrees, making the rare step to affirm "fair use" at the summary judgment phase."
Brownmark said their copyright had been infringed while South Park said the Fair Use exception to copyright law allows them to mock viral videos, a social happening, with a parody of a viral video.
Twitter parody account could get you sued
"Unfortunately for the parody account holder, they forgot to add some pretty basic safeguards against such lawsuits into their account. Twitter stipulates that all parody accounts should be clearly labeled as such, using a word like “fake”, “not” or “fan” in the username and the profile name. They should also be clearly labeled as a parody within the bio, and should not try to mislead users into believing that it is the real company or individual that it is parodying."
R.Crumb sued by Disney for Mickey Mouse satire 60s or 70s?
Disney's Influence over Copyright Law
Tuesday, July 21, 2015
BDM103, Professional Practice, copyright, 21 July
What is copyright?
The right to duplicate things.
protection that covers published and unpublished works of literary, dramatic, musical, artistic, pictorial and certain other intellectual creation, provided such work are fixed in a tangible medium. These include broadcasts, programmes and films
copyright is a property right of your original work.
not considered original if it is a copy of someone else's work or infringes copyright of someone else's work
if you can see, hear or touch it, it may be protected. An essay, play, song, photograph, html coding, it's protected
Why have copyright?
copyright laws grant the creator or owner of copyright exclusive right to copy work, issue work to public by sale or otherwise, perform or play or show work in public, broadcast the work, make an adaptation of the work, to do any of the above to an adaptation, authorise another person to do any of the above.
who owns the copyright?
The author or creator of a work is the first owner of any copyright in the work UNLESS:
you are an employee who in the course of his or her employment creates a work then the person's employer is the first owner.
You are commissioned to create a work. Then the person who commissioned you is the first owner.
You (as the creator or Author) agree that someone else is to own any copyright in your work, even before it is created, then that person is the first owner of copyright in the work.
You can't copyright an IDEA, but the physical embodiment of that idea can be copyrighted.
For example, a joke. A short contained story with a punchline. can it be copyrighted? If it's been published in a book or recorded, yes. but it's a grey area.
You can get around these sometimes harsh exceptions by agreeing with the other party involved who is to own the copyright. get a record of your agreement in writing. voice over actors, etc.
Copyright is a form of property and it can be sold. While you may be the first owner of copyright, there may be any number of subsequent owners.
when does copyright protection begin? It begins when any 'work' is first created and fixed in a tangible form.
don't talk about idea, get it down on paper. It doesn't have to be officially registered to be copyrighted.
The proper way to place copyright notice is as follows:
copyright (symbol) (first date of creation) (name of owner)
copyright (c) 2015 John Smith
copyright (c) 2014, 2015 John smith means parts were created in different years
no international copyrights that you can register to protect work throughout the world.
Berne Union for the Protection of Literary and Artistic Property and UCC
Copyright lasts for the life of the author and then 50 years after their death.
cinematographic works and photographic works have a minimum period of protection of 50 and 25 years upon the date of creation, respectively
this appplies to any country that has signed the Berne convention and these are minimum periods of protection. A member country can establish greater periods of protection, but never less than what has been established by the Berne Convention.
50 years after the author's death, the works go into Public Domain.
When does copyright end?\
sound recordings, films an broadcasts: copyright in a sound recording or film expires-
at the end of the period of 50 years from the end of the calendar year in which the work is made; or
if it is made available to the public by an authorised act before the end of that period, 50 years from the end of the calendar year in which it is so made available, whichever is the later.
Sound recording or film is made available to the public when the work is first published or broadcast or included in a cable programme service. In the case of a film or film sound track when the work is first shown or played in public.
Infringement:
copy the work
issue copies of the work to the public
perform in public or play or show a film,broadcast, cable programme or sound recording in public
broadcast (or include in a cable programme_ a literary, dramatic, musical or artistic work, or a sound recording or film, or another broadcast or cable programme.
adapt a literary dramatic or music work
in addition you cannot do the following
import infringing copy
possess or deal with infringing copy
Copyright Exceptions:
Fair use is use of an excerpt of a copyrighted work "as is" and used for purposes of parody, news reporting, research and education. copyrighted work is used without the permission of the author. In these incidents the use of such work should be accompanied by a sufficient acknowledgement.
Parody is not protected under New Zealand law.
Incidental copying is where a piece of work forms part of hte background of a piece where there was no intention to do so by the copier. eg. a news reporter stands outside a shop and a song is playing in the background. The song is not the focus and is therefore incidental.
Performer's Rights
Remember performer/actor rights as well. Generally the same rules apply ie. written consent to reproduce their likeness/voice, etc. except in case of Fair use or incidental copying.
If you are unsure as to whether you are infringing copy right or a performer's rights it is always safer to take the time and effort to acquire written permission.
What can happen if you infringe copyright?
Where someone else has no rights in your work but goes ahead and ingringes, what can be done?
copyright infringement
Tutorial assignment due next Tuesday:
find at least 5 examples of 'parody'
creators of parody may be faced with questions of copyright infringement. make notes to explain your viewpoint with regard to each example. Also look for Examples where someone has made a complaint against the parody.
Have these ready for the next class in powerpoint for discussion.
Wanna-ben, R.Crumb and Disney, Weird Al Yankovic,
The right to duplicate things.
protection that covers published and unpublished works of literary, dramatic, musical, artistic, pictorial and certain other intellectual creation, provided such work are fixed in a tangible medium. These include broadcasts, programmes and films
copyright is a property right of your original work.
not considered original if it is a copy of someone else's work or infringes copyright of someone else's work
if you can see, hear or touch it, it may be protected. An essay, play, song, photograph, html coding, it's protected
Why have copyright?
copyright laws grant the creator or owner of copyright exclusive right to copy work, issue work to public by sale or otherwise, perform or play or show work in public, broadcast the work, make an adaptation of the work, to do any of the above to an adaptation, authorise another person to do any of the above.
who owns the copyright?
The author or creator of a work is the first owner of any copyright in the work UNLESS:
you are an employee who in the course of his or her employment creates a work then the person's employer is the first owner.
You are commissioned to create a work. Then the person who commissioned you is the first owner.
You (as the creator or Author) agree that someone else is to own any copyright in your work, even before it is created, then that person is the first owner of copyright in the work.
You can't copyright an IDEA, but the physical embodiment of that idea can be copyrighted.
For example, a joke. A short contained story with a punchline. can it be copyrighted? If it's been published in a book or recorded, yes. but it's a grey area.
You can get around these sometimes harsh exceptions by agreeing with the other party involved who is to own the copyright. get a record of your agreement in writing. voice over actors, etc.
Copyright is a form of property and it can be sold. While you may be the first owner of copyright, there may be any number of subsequent owners.
when does copyright protection begin? It begins when any 'work' is first created and fixed in a tangible form.
don't talk about idea, get it down on paper. It doesn't have to be officially registered to be copyrighted.
The proper way to place copyright notice is as follows:
copyright (symbol) (first date of creation) (name of owner)
copyright (c) 2015 John Smith
copyright (c) 2014, 2015 John smith means parts were created in different years
no international copyrights that you can register to protect work throughout the world.
Berne Union for the Protection of Literary and Artistic Property and UCC
- works of an author who is a national or resident of a country that is a member of these treaties
- works first published ina country that is a member of these tries
- works published within 30 days of first publication in a Berne Union country
Copyright lasts for the life of the author and then 50 years after their death.
cinematographic works and photographic works have a minimum period of protection of 50 and 25 years upon the date of creation, respectively
this appplies to any country that has signed the Berne convention and these are minimum periods of protection. A member country can establish greater periods of protection, but never less than what has been established by the Berne Convention.
50 years after the author's death, the works go into Public Domain.
When does copyright end?\
sound recordings, films an broadcasts: copyright in a sound recording or film expires-
at the end of the period of 50 years from the end of the calendar year in which the work is made; or
if it is made available to the public by an authorised act before the end of that period, 50 years from the end of the calendar year in which it is so made available, whichever is the later.
Sound recording or film is made available to the public when the work is first published or broadcast or included in a cable programme service. In the case of a film or film sound track when the work is first shown or played in public.
Infringement:
copy the work
issue copies of the work to the public
perform in public or play or show a film,broadcast, cable programme or sound recording in public
broadcast (or include in a cable programme_ a literary, dramatic, musical or artistic work, or a sound recording or film, or another broadcast or cable programme.
adapt a literary dramatic or music work
in addition you cannot do the following
import infringing copy
possess or deal with infringing copy
Copyright Exceptions:
Fair use is use of an excerpt of a copyrighted work "as is" and used for purposes of parody, news reporting, research and education. copyrighted work is used without the permission of the author. In these incidents the use of such work should be accompanied by a sufficient acknowledgement.
Parody is not protected under New Zealand law.
Incidental copying is where a piece of work forms part of hte background of a piece where there was no intention to do so by the copier. eg. a news reporter stands outside a shop and a song is playing in the background. The song is not the focus and is therefore incidental.
Performer's Rights
Remember performer/actor rights as well. Generally the same rules apply ie. written consent to reproduce their likeness/voice, etc. except in case of Fair use or incidental copying.
If you are unsure as to whether you are infringing copy right or a performer's rights it is always safer to take the time and effort to acquire written permission.
What can happen if you infringe copyright?
Where someone else has no rights in your work but goes ahead and ingringes, what can be done?
- monetary damages
- an injunction to prohibit further infringement
- the delivery of infringing articles to you
- the disposal of infringing articles
- forced recall of items
copyright infringement
- the defendant had knowledge that they were infringing the copyright of your work
- flagrancy of the infringement
- any benefit/s accruing to the defendant by reason of the infringement.
Tutorial assignment due next Tuesday:
find at least 5 examples of 'parody'
creators of parody may be faced with questions of copyright infringement. make notes to explain your viewpoint with regard to each example. Also look for Examples where someone has made a complaint against the parody.
Have these ready for the next class in powerpoint for discussion.
Wanna-ben, R.Crumb and Disney, Weird Al Yankovic,
Friday, February 27, 2015
BDM103 Who Owns It- The Fans or the Copyright Holders? 10 August
Power Rangers Fan Video Yanked From YouTube; Filmmakers Vow To Fight
As a Costume Designer and Artist, I come from a tradition of mining images and creative works for inspiration. The ideas and images get re-worked and a variation of them then goes into a different theatrical or filmed piece. Sometimes it's obvious, and sometimes it's not. Call it referencing, homaging, stealing: it makes the creative world go round. The fashion world alone would collapse if every design, colour, accessory, or hairstyle was bound up in legal tape.
So the current legal stoush over this Power Rangers fan video is fascinating. Joseph Kahn, a music video director, used his own money and brought in different actors to make a 14-minute dark and gritty Power Rangers short film. (I can't review the film itself because Power Rangers owner Saban Brands has asked You Tube to take it down. It had already clocked up 12 million views by the time it was yanked, so it may be out there somewhere.) I've never liked the Power Rangers but the participation of Katee Sackhoff, Starbuck from the reboot of Battlestar Galactica, makes me want to give this a go. Joseph Kahn had this to say about the take down order:
“I hope they (Saban Brands) come to an awareness of how modern pop culture works. The audience will pay for the franchise, but they want to play with it as well. You can’t just dictate that these are the things you are going to watch in the way we want you to watch it. That’s not the way society works anymore. If you want the support of the modern fandom, you need to let them participate.”
Kahn and his crew are interacting with the Power Rangers as an idea that is flexible and open to reinterpretation. Saban Brands considers and wants us all to approach the Power Rangers as a product which is fixed, finite and to be consumed how and when they see fit to distribute it.
But to play Devil's Advocate, here we have the exact opposite thing happening: Fans who do not want you to touch their stuff: EVER. George Lucas re-interpreted, re-imagined and played with his Star Wars universe. He was happy, toy makers were happy, the fans were not happy. Nobody sued George Lucas for defamation of the character of a film franchise, so maybe that's the difference between this and the Power Rangers short film: hurt feelings fade but a good lawsuit is epic.
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