Copyright, Creative
Commons and Libre
Culture in New Zealand
!

Surveillance, Copyright, Privacy
The End of the Open Internet
Dunedin, New Zealand
Jan 30 – Feb 1, 2014
!

Dr Mark McGuire
University of Otago, Dunedin, NZ
email: mark.mcguire@otago.ac.nz
Twitter: @mark_mcguire
Blog: http://markmcguire.net/
Dept.: http://www.otago.ac.nz/appliedsciences/staff/markmcguire.html


This presentation is covered by a Creative Commons CC-BY
(attribution only) licence unless otherwise stated
http://creativecommons.org/licenses/by/3.0/nz/
The Revolution will NOT be televised.
!

It will be #Webcast, #Podcast, #Blogged,
#Instagammed, #Tweeted and #Storified. 
!

And  #Revised, #Remixed and #ReTweeted . . .
They hang the man and flog the woman
Who steals the goose from off the common
But leave the greater villain loose
Who steals the common from off the goose.
Anonymous protest poem 1764 or 1821
!

“If you have an apple and I have an apple
and we exchange these apples then you
and I will still each have one apple. But if
you have an idea and I have an idea and
we exchange these ideas, then each of
us will have two ideas”.
George Bernard Shaw

!
!
Copyright protections are limited for a period of time
and restricted by a number of exceptions.
Life plus 50 years is typically the minimum for most countries and
many signatories of the Berne Convention, excluding the regions or
countries listed below, for example:.
■ Life plus 70 years for members states of the European Union
■ Life plus 70 years for the United States of America
!
In New Zealand the copyright in sound recordings, films, broadcasts
and cable programmes lasts for 50 years after they are released. The
copyright in a typographical arrangement lasts 25 years.
These durations are valid for every work which is originated in New
Zealand. Others will be protected for the term for which it is granted
protection in its country of origin.
!
http://wikieducator.org/Copyright_for_Educators/Protections
http://wikieducator.org/Copyright_for_Educators/Protections#Duration_of_copyright
http://www.creativecommons.org.nz/frequently_asked_questions#III1
Sonny Bono Copyright Extension Act	

!

© Passed by US Congress in1998	

!

© Extended copyright protection from the lifetime of
the author plus 50 years, to the lifetime of the author
plus 70 years (14-years in 1790), preventing any work
from entering the public domain until 2019.	

!

Mickey Mouse
http://en.wikipedia.org/wiki/
Mickey_mouse

© CC founders alarmed at the growing concentration in
media markets, implications for the developing
internet, the future of freedom of information in a
representative democracy.	

!
!
!

An information commons? Creative Commons and public access to cultural creations

Marc Garcelon. New Media Society. originally published online 24 November 2009
http://nms.sagepub.com/content/11/8/1307
© Michael Carroll: “[As] soon as you get a worldwide
web where everyone can self-publish and you have a
default position that everything is automatically under
copyright [a legal standard adopted in the US in 1976],
it’s a strict liability regime, which means you can violate
copyright without any intention of doing so. Your
copying puts you in violation of the law unless it’s a fair
use, which is a fuzzy standard that is hard to apply”.	

!

© Lessig: “Fair use . . . simply means the right to hire a
lawyer to defend your right to create.”

© CC devised a novel strategy giving current copyright
holders the option of making creative work available
for copying and distribution by granting various
exceptions to the rights they hold under copyright
(requiring no legislation).	

!
!
!
© CC’s opposition to the intellectual property
conception of copyright lies in the
distinction between ‘rivalrous’ and
‘nonrivalrous’ resources. A rivalrous
resource is a resource limited in relation to
potential users.	

!

© “Creative Commons thought of itself as . . .
branding the public domain, especially on the
internet” (interview with Hal Ableson, Board
of Directors of Creative Commons).	

!

CC on the ground. by Giulio Zannol (cc-by)	

http://wikieducator.org/File:CC-on_the_ground.jpg

© In December 2002, the Creative Commons
website went online

(http:// creativecommons.org).	

!
!
!
http://creativecommons.org.nz/licences/licences-explained/
http://creativecommons.org.nz/licences/licences-explained/
!

. . . [We] must first step back from copyright and reflect
upon an idea about how culture develops that should
be familiar to everyone. This idea I want to call
“remixing.” We first imagine a creative work mixed
together by someone; and then someone else remixes
that creative work.
!

In this sense, culture is remix. Knowledge is remix.
Politics is remix. We remix all the time. 

Lawrence Lessig: Creative Economies p. 35
https://www.yumpu.com/en/document/view/15761352/the-second-annual-distinguished-lecture-in-intellectual-property
The nature of artefacts
!

In crossing the
threshold from
analog to digital, 

an artefact exchanges
!

a single, traceable past
for unlimited possible
futures,
!

solidity for malleability,
!

and financial value for
social value.
Photo by Arthur Davison 	

CC-BY-NC-SA http://goo.gl/lL6vJ Accessed 29 Jan. 2014
http://www.youtube.com/watch?v=YpSKaArpPro
http://www.youtube.com/watch?v=CTZyorJVeqI
http://www.youtube.com/watch?v=2v_sBdaR-Sk
Joel Little: “We made this song originally just to give away for free . . .”.
New Zealand Herald (29 Jan. 2014)
http://www.nzherald.co.nz/entertainment/news/video.cfm?c_id=1501119&gallery_id=140457&gal_objectid=11192601
!
“Royals”: The Love Club EP on SoundCloud (29 Jan. 2014)
https://soundcloud.com/lordemusic/royals?in=lordemusic/sets/the-love-club
http://lorde.co.nz

!
Posted on SoundCloud in November 2012.
Officially released digitally in March 2013 and on CD in May
2013, The Love Club EP features five songs, including the
number one hit "Royals".
Lorde - Royals performance at The Grammy's 2014 HD (29 Jan. 2014)
http://www.youtube.com/watch?v=Belewo58nCA
“Lorde - Royals performance at The Grammy's 2014 HD” Blocked (29 Jan. 2014)
http://www.youtube.com/watch?v=Belewo58nCA
Lorde: Royals Music Video
http://www.youtube.com/watch?v=LFasFq4GJYM (29 Jan. 2014)
Bart Baker: Lorde - “Royals” PARODY (29 Jan. 2014)
http://www.youtube.com/watch?v=llo1HtAw_40
@lordemusic followers on Twitter: 978,468 Facebook: 1.8m, Instagram: 704,962
(http://lorde.co.nz )
Think Like a Dandelion
“[I]f you blow your works into the net like a
dandelion clock on the breeze . . . the
winds of the Internet will toss your works to
every corner of the globe, seeking out every
fertile home that they may have.”
(Cory Doctorow ) http://goo.gl/l7Yx6M
Dandelion Wish by John Liu (CC-BY)
http://www.flickr.com/photos/8047705@N02/5572197407/

“Spreadability”
> flow of ideas in easy-to share-formats
> open-ended participation
> reshaping of context as well as the content
> circulation of work through all available 

channels
(Spreadable Media. Jenkins, Ford and Green. 2013, p. 2)

http://spreadablemedia.org
Photo by Matt Binn: http://www.flickr.com/photos/69029168@N00/3971643845
Creative Commons
!
!
!
!
!
!

Based on a photo by Matt Binn: http://www.flickr.com/photos/69029168@N00/3971643845
http://creativecommons.org.nz/2011/04/post-quake-imagery-of-christchurch-carries-cc-licence/
http://www.flickr.com/photos/nzdefenceforce/5469221429/
http://www.mixandmash.org.nz
http://digitalnz.org.nz/
http://creativecommons.org/weblog/entry/8235
Open Educational Resources University (OERu) Launched Nov. 2013
http://oeruniversitas.org
http://wikieducator.org/Main_Page (29 Jan. 2014)
http://www.creativecommons.org.nz/education/
30 January 2014 7:37 pm

Richard White
To: CopyrightCOP@lists.otago.ac.nz
[CCOP] Udacity's CC licence
!
!

Hi everyone
!

I got quite excited when I saw that Udacity was using a Creative Commons licence,
though less so when I saw it was BY-NC-ND and that they go on to say 
!

Without limiting the generality of the terms of the CC License, the following are
types of uses that Udacity expressly defines as falling outside of the definition of
“non-commercial”:
...
(e) the use of Educational Content by a college, university, school, or other
educational institution for instruction where tuition is charged
B.navez Stack of Firewood CC-BY-SA http://goo.gl/Y6F7p

Gurumustuk Singh “Fireside Chanting” CC-BY-NC-SA http://goo.gl/GQSle

It’s not
about the
wood or
the fire;
it’s about
the choir.
Changing Paradigms: Communication
Locus, Mode, Temporality, Structure, Objective
!
!

PUSH
broadcaster, transmission, synchronous, sender-receiver,
impart 
!

PULL
resource, download, asynchronous, nodal, discover
!

SHARE
community, conversation, continuous, networked, co-creation
Changing Paradigms: Education
Locus, Mode, Temporality, Structure, Objective
!
!

PUSH
teacher, broadcast, synchronous, hierarchical, impart knowledge 
!

PULL
resource, download, asynchronous, nodal, individual learning
!

SHARE
site, co-create, continuous, networked, knowledge network
The most useful resources are

conversational,
contextualized,
curated and
connected. 
A morph used on a protest banner. Sunday Star Times Jan. 19 p. A4
http://www.stuff.co.nz/national/politics/9625589/Protests-heckling-for-mayor
Police Pepper
Spraying Occupy UC
Davis students
(Nov. 18, 2011)
http://goo.gl/yUt44
“pepper spray meme” Google image search 22 June 2012
Bus on George St., Dunedin, 16 Jan. 2014
Listen/Consume

7

Download Speed: 5535 kbps (691.9 KB/sec transfer rate)
Upload Speed: 777 kbps (97.1 KB/sec transfer rate)
Latency: 43 ms
31 January 2014 12:26:44 am NZDT http://speedtest.orcon.net.nz

Speak/Contribute

1
Collaborative,
Conversational
Networks
SPACE is created

through the act of
communication.

Conversation
creates shared
space. OPEN
conversation
creates PUBLIC SPACE.

Copyright, Creative Commons and Libre Culture in New Zealand - Mark McGuire Jan. 31 2014

  • 1.
    Copyright, Creative Commons andLibre Culture in New Zealand ! Surveillance, Copyright, Privacy The End of the Open Internet Dunedin, New Zealand Jan 30 – Feb 1, 2014 ! Dr Mark McGuire University of Otago, Dunedin, NZ email: mark.mcguire@otago.ac.nz Twitter: @mark_mcguire Blog: http://markmcguire.net/ Dept.: http://www.otago.ac.nz/appliedsciences/staff/markmcguire.html 
 This presentation is covered by a Creative Commons CC-BY (attribution only) licence unless otherwise stated http://creativecommons.org/licenses/by/3.0/nz/
  • 2.
    The Revolution willNOT be televised. ! It will be #Webcast, #Podcast, #Blogged, #Instagammed, #Tweeted and #Storified.  ! And  #Revised, #Remixed and #ReTweeted . . .
  • 3.
    They hang theman and flog the woman Who steals the goose from off the common But leave the greater villain loose Who steals the common from off the goose. Anonymous protest poem 1764 or 1821 ! “If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas”. George Bernard Shaw ! !
  • 5.
    Copyright protections arelimited for a period of time and restricted by a number of exceptions. Life plus 50 years is typically the minimum for most countries and many signatories of the Berne Convention, excluding the regions or countries listed below, for example:. ■ Life plus 70 years for members states of the European Union ■ Life plus 70 years for the United States of America ! In New Zealand the copyright in sound recordings, films, broadcasts and cable programmes lasts for 50 years after they are released. The copyright in a typographical arrangement lasts 25 years. These durations are valid for every work which is originated in New Zealand. Others will be protected for the term for which it is granted protection in its country of origin. ! http://wikieducator.org/Copyright_for_Educators/Protections http://wikieducator.org/Copyright_for_Educators/Protections#Duration_of_copyright http://www.creativecommons.org.nz/frequently_asked_questions#III1
  • 6.
    Sonny Bono CopyrightExtension Act ! © Passed by US Congress in1998 ! © Extended copyright protection from the lifetime of the author plus 50 years, to the lifetime of the author plus 70 years (14-years in 1790), preventing any work from entering the public domain until 2019. ! Mickey Mouse http://en.wikipedia.org/wiki/ Mickey_mouse © CC founders alarmed at the growing concentration in media markets, implications for the developing internet, the future of freedom of information in a representative democracy. ! ! ! An information commons? Creative Commons and public access to cultural creations
 Marc Garcelon. New Media Society. originally published online 24 November 2009 http://nms.sagepub.com/content/11/8/1307
  • 7.
    © Michael Carroll:“[As] soon as you get a worldwide web where everyone can self-publish and you have a default position that everything is automatically under copyright [a legal standard adopted in the US in 1976], it’s a strict liability regime, which means you can violate copyright without any intention of doing so. Your copying puts you in violation of the law unless it’s a fair use, which is a fuzzy standard that is hard to apply”. ! © Lessig: “Fair use . . . simply means the right to hire a lawyer to defend your right to create.”
 © CC devised a novel strategy giving current copyright holders the option of making creative work available for copying and distribution by granting various exceptions to the rights they hold under copyright (requiring no legislation). ! ! !
  • 8.
    © CC’s oppositionto the intellectual property conception of copyright lies in the distinction between ‘rivalrous’ and ‘nonrivalrous’ resources. A rivalrous resource is a resource limited in relation to potential users. ! © “Creative Commons thought of itself as . . . branding the public domain, especially on the internet” (interview with Hal Ableson, Board of Directors of Creative Commons). ! CC on the ground. by Giulio Zannol (cc-by) http://wikieducator.org/File:CC-on_the_ground.jpg © In December 2002, the Creative Commons website went online
 (http:// creativecommons.org). ! ! !
  • 9.
  • 10.
  • 11.
    ! . . .[We] must first step back from copyright and reflect upon an idea about how culture develops that should be familiar to everyone. This idea I want to call “remixing.” We first imagine a creative work mixed together by someone; and then someone else remixes that creative work. ! In this sense, culture is remix. Knowledge is remix. Politics is remix. We remix all the time. 
 Lawrence Lessig: Creative Economies p. 35 https://www.yumpu.com/en/document/view/15761352/the-second-annual-distinguished-lecture-in-intellectual-property
  • 12.
    The nature ofartefacts ! In crossing the threshold from analog to digital, 
 an artefact exchanges ! a single, traceable past for unlimited possible futures, ! solidity for malleability, ! and financial value for social value. Photo by Arthur Davison CC-BY-NC-SA http://goo.gl/lL6vJ Accessed 29 Jan. 2014
  • 13.
  • 14.
  • 15.
  • 17.
    Joel Little: “Wemade this song originally just to give away for free . . .”. New Zealand Herald (29 Jan. 2014) http://www.nzherald.co.nz/entertainment/news/video.cfm?c_id=1501119&gallery_id=140457&gal_objectid=11192601
  • 18.
    ! “Royals”: The LoveClub EP on SoundCloud (29 Jan. 2014) https://soundcloud.com/lordemusic/royals?in=lordemusic/sets/the-love-club http://lorde.co.nz ! Posted on SoundCloud in November 2012. Officially released digitally in March 2013 and on CD in May 2013, The Love Club EP features five songs, including the number one hit "Royals".
  • 19.
    Lorde - Royalsperformance at The Grammy's 2014 HD (29 Jan. 2014) http://www.youtube.com/watch?v=Belewo58nCA
  • 20.
    “Lorde - Royalsperformance at The Grammy's 2014 HD” Blocked (29 Jan. 2014) http://www.youtube.com/watch?v=Belewo58nCA
  • 21.
    Lorde: Royals MusicVideo http://www.youtube.com/watch?v=LFasFq4GJYM (29 Jan. 2014)
  • 22.
    Bart Baker: Lorde- “Royals” PARODY (29 Jan. 2014) http://www.youtube.com/watch?v=llo1HtAw_40
  • 23.
    @lordemusic followers onTwitter: 978,468 Facebook: 1.8m, Instagram: 704,962 (http://lorde.co.nz )
  • 24.
    Think Like aDandelion “[I]f you blow your works into the net like a dandelion clock on the breeze . . . the winds of the Internet will toss your works to every corner of the globe, seeking out every fertile home that they may have.” (Cory Doctorow ) http://goo.gl/l7Yx6M Dandelion Wish by John Liu (CC-BY) http://www.flickr.com/photos/8047705@N02/5572197407/ “Spreadability” > flow of ideas in easy-to share-formats > open-ended participation > reshaping of context as well as the content > circulation of work through all available 
 channels (Spreadable Media. Jenkins, Ford and Green. 2013, p. 2) http://spreadablemedia.org
  • 25.
    Photo by MattBinn: http://www.flickr.com/photos/69029168@N00/3971643845
  • 26.
    Creative Commons ! ! ! ! ! ! Based ona photo by Matt Binn: http://www.flickr.com/photos/69029168@N00/3971643845
  • 27.
  • 28.
  • 29.
  • 30.
  • 31.
  • 32.
    Open Educational ResourcesUniversity (OERu) Launched Nov. 2013 http://oeruniversitas.org
  • 33.
  • 34.
  • 35.
    30 January 20147:37 pm Richard White To: CopyrightCOP@lists.otago.ac.nz [CCOP] Udacity's CC licence ! ! Hi everyone ! I got quite excited when I saw that Udacity was using a Creative Commons licence, though less so when I saw it was BY-NC-ND and that they go on to say  ! Without limiting the generality of the terms of the CC License, the following are types of uses that Udacity expressly defines as falling outside of the definition of “non-commercial”: ... (e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged
  • 36.
    B.navez Stack ofFirewood CC-BY-SA http://goo.gl/Y6F7p Gurumustuk Singh “Fireside Chanting” CC-BY-NC-SA http://goo.gl/GQSle It’s not about the wood or the fire; it’s about the choir.
  • 37.
    Changing Paradigms: Communication Locus,Mode, Temporality, Structure, Objective ! ! PUSH broadcaster, transmission, synchronous, sender-receiver, impart  ! PULL resource, download, asynchronous, nodal, discover ! SHARE community, conversation, continuous, networked, co-creation
  • 38.
    Changing Paradigms: Education Locus,Mode, Temporality, Structure, Objective ! ! PUSH teacher, broadcast, synchronous, hierarchical, impart knowledge  ! PULL resource, download, asynchronous, nodal, individual learning ! SHARE site, co-create, continuous, networked, knowledge network
  • 39.
    The most usefulresources are conversational, contextualized, curated and connected. 
  • 40.
    A morph usedon a protest banner. Sunday Star Times Jan. 19 p. A4 http://www.stuff.co.nz/national/politics/9625589/Protests-heckling-for-mayor
  • 41.
    Police Pepper Spraying OccupyUC Davis students (Nov. 18, 2011) http://goo.gl/yUt44
  • 42.
    “pepper spray meme”Google image search 22 June 2012
  • 43.
    Bus on GeorgeSt., Dunedin, 16 Jan. 2014
  • 44.
    Listen/Consume 7 Download Speed: 5535kbps (691.9 KB/sec transfer rate) Upload Speed: 777 kbps (97.1 KB/sec transfer rate) Latency: 43 ms 31 January 2014 12:26:44 am NZDT http://speedtest.orcon.net.nz Speak/Contribute 1
  • 45.
  • 46.
    SPACE is created throughthe act of communication. Conversation creates shared space. OPEN conversation creates PUBLIC SPACE.