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Creative Commons New Zealand
A hearty congratulations to the Aotearoa New Zealand Creative Commons folk who announced yesterday that they’ve successfully ported the Creative Commons licenses to the Aotearoa New Zealand legal system!
Support the Creative Commons
The 2007 Creative Commons Fundraising Drive is under way, so if you’re concerned about ensuring that extreme copyright doesn’t kill creativity, please consider donating. For me, ensuring that copyright laws don’t lock away creative potential for the average person is incredibly important and I still think that Creative Commons is one of the great vanguards in the fight to ensure that there are better options than the two extremes of full copyright or the public domain. While both have their place, allowing the average person to make more specific choices about how their creative work(s) can or can’t be re-used is essential to creativity in the present and future, and the Creative Commons organisation, and their national versions such as the marvelous CC Australia, are doing a lot of the hard work to ensure these options exist! And just to prove I’m putting my money where my mouth is, I’ve been donating annually since 2005. I hope you’ll consider donating this year.
Inspired by last year’s CC Swag Flickr Competition, here’s my 2007 CC Vision:
And I noticed year’s swag for donators includes postcards made from the winners of last year’s CC Swag Photo competition; I wonder what sort of things will be in next year’s? đ
Virgin Mobile and Creative Commons Sued by US Teen
A couple of months ago I wrote about Virgin Mobile’s controversial use of CC-Licensed images from Flickr in one of their advertising campaigns. Things have now taken an odd twist, with on of the teenagers features in the photos suing not just Virgin but Creative Commons as well! As the Sydney Morning Herald reported:
A Texas family has sued Australia’s Virgin Mobile phone company, claiming it caused their teenage daughter grief and humiliation by plastering her photo on billboards and website advertisements without consent. […] The picture of 16-year-old Chang flashing a peace sign was taken in April by Alison’s youth counsellor, who posted it that day on his Flickr page, according to Alison’s brother, Damon. In the ad, Virgin Mobile printed one of its campaign slogans, “Dump your pen friend,” over Alison’s picture. The ad also says “Free text virgin to virgin” at the bottom. […]
The lawsuit, filed in Dallas late yesterday, names Virgin Mobile USA LLC, its Australian counterpart, and Creative Commons Corp, a Massachusetts nonprofit that licenses sharing of Flickr photos, as defendants. […]
People who post photos on Flickr are asked how they want to license their attribution. The youth counsellor chose a sharing licence from Creative Commons that allows others to reuse work such as photos without violating copyright laws, if they credit the photographer and say where the photo was taken. His Flickr page appears at the bottom of the ad.
Worth reading on this matter are:-
[X] Lawrence Lessig’s post “On the Texas suit against Virgin and Creative Commons” (always thorough, Lessig also links to the actual complaint);
[X] The Slashdot Thread on the lawsuit;
[X] and Joi Ito’s post, in which he notes this complaint is a “very good example of the complexities of copyright and other rights and the necessity of educating the public and ourselves about what copyright exactly is.”
Personally, I find it hard to credit the complaint against Creative Commons. I think as an organisation, CC have done more to educate people about copyright than almost any other organisation. While I admit using certain CC licenses leaves the lay-person ignorant about the complexities of model releases and the different international standards (ie you need people in the photos to grant permission for their image or likeness to be used), the fault lies more with copyright law per se than with Creative Commons. Of course, given this development, it would seem prudent time for a more detailed guide about using CC licenses on Flickr (and other photos) to be developed.
Piracy is … Cool?
On the CC-Community list Jessica Coates has posted links from the recent Sydney Law Review where, among other cool things, they created some parody advertisements based on the patronizing ‘Piracy is Wrong’ ads which play in Australian cinemas and are at the front of many legitimately-purchased Australian DVDs. Each one is funny, but I think the first is best!
Downloading Depreciates Copyright Somewhat…
You Wouldn’t Invade Poland …Piracy is cool… [Via The House of Commons]
Happenings from and about Creative Commons in Australia
On the back of a lot of really interesting work and events last year, Creative Commons Australia have released their “Unlocking the Potential Through Creative Commons” report which examines the role (and potential roles) of Creative Commons licensing in Australia. It’s an easy read and has lots of examples, so very useful for artists, media producers, educators and many others who are thinking about the Creative Commons as the right copyright for their work!
Also in Australia, the CC Au blog looks at a recent controversy which has arisen due to Virgin Mobile in Australia using Flickr images licensed under Creative Commons terms. It appears Virgin may have ignored a CC ‘non-commercial’ clause in at least one case, but also on the table is the moral question of getting the permission of people who actually appear in the photos, especially since some of the advertisements put out by Virgin Mobile are clearly mocking in the people in the pictures. That said, clearly this is a very mainstream use of CC-licensed work and that’s definitely welcome. It’s also noteworthy that at least some of the photographers are delighted to see their work appearing as part of this campaign. For some of the more vitriolic comments which highlight the grey areas between intent and use, see the comments of these two Flickr images. It’s also worth checking out the online arm of Virgin’s campaign using these images (which, I have to say, is actually quite a clever use of some of these pictures!)
More broadly, last month Mary Taylor Huber from the US Carnegie Foundation for the Advancement of Teaching gave a series of guest talks here in Perth (you can hear Mary’s lecture here) and focused on what she calls building the ‘teaching commons’ which is, essentially, shared ideas and resources about teaching and learning across the globe. In our conversation after her public lecture, we were talking about the Creative Commons as the mechanism by which the actual resources of a teaching commons could be shared. Following that idea, I was absolutely delighted to see Creative Commons central announce that their CC Learn – “the education division of Creative Commons” – has gone live, with this fantastic mission statement:
* With legal barriers, we advocate for licensing of educational materials under interoperable terms, such as those provided by Creative Commons licenses, that allow unhampered modification, remixing, and redistribution. We also educate teachers, learners, and policy makers about copyright and fair-use issues pertaining to education.
* With technical barriers, we promote interoperability standards and tools to facilitate remixing and reuse.
* With social barriers, we encourage teachers and learners to re-use educational materials available on the Web, and to build on each otherâs contributions.
Obviously CC Learn is in its early stages, but the mission is definitely a very important one and I can’t wait to see CC Learn grow!
Update (8.50am, 28 Jul 07): I’ve been reading more about the Virgin Mobile use of Flickr CC images and these posts are worth reading: “Uh, I thought YOU got the release . . .” by Carolyn E. Wright, looking at the need for model release forms for commercial use of people in photos; a post from Ian Wilson who was quite happy to see his image used by Virgin Mobile; Agency Spy’s “Flickr Is Going To Cost Virgin Mobile Millions Of Dollars“; and a longer conversation on Flickr “Virgin Mobile advertising campaign using Flickr photos“.
“We’re sorry, but the clip you selected isn’t available from your location:” Watching Battlestar Galactica in Australia and the Tyranny of Digital Distance
I just submitted an abstract for the Media International Australia special issue ‘Beyond Broadcasting: TV for the Twenty-first Century’. Here it is:
âWeâre sorry, but the clip you selected isnât available from your location:â Watching Battlestar Galactica in Australia and the Tyranny of Digital Distance
[Figure 1. Screen-capture from http://www.scifi.com/battlestar/, 11 September 2006]
In the late 1960s, conservative Australian historian Geoffrey Blainey coined the term “the tyranny of distance” to describe how the geographic gap between Australia and the centres of the Western world (US, UK) played a fundamental role is shaping the Australian psyche and character (Geoffrey Blainey, The Tyranny of Distance, Sun Books: Melbourne, 1966). Thirty something years later and the world is far more widely considered a global village; the world wide web, email and a million other applications have made real-time information-heavy communication and commerce the norm. However, while information transfers have made âdistanceâ much less of a concern in a number of ways, many policies, practices and systems of commerce still operate as though they are centred on goods moving at the speed of physical shipping, not allowing for information moving at the speed of light down a copper or optical wire. In an era when âthe tyranny of distanceâ means so much less in many contexts, this paper will argue that in the multimedia markets of contemporary society there is, rather, a prevailing tyranny of digital distance which marks out those areas of communication and commerce in which the potential and, indeed, expectation of synchronous global culture (at least for English-speaking countries) leads to constant state of confusion and annoyance â on both personal and legal levels â when those expectations are not met.
The North American-produced television series Battlestar Galactica, re-imagined for the twenty-first century (from an original 1970s series), has consistently been at the cutting edge of television and cross-media. Executive producer Ronald D. Moore and the Battlestar team utilise not just blogs and production-side video-blogs, but also create episodic commentary podcasts, make deleted scenes available online, and have even put two full episodes online for free for viewing. Likewise, Battlestar was one of the first shows available via Appleâs online iTunes Store. Given the amount of extra online content, and the showâs science fiction genre, Battlestar has a large and very active fan community who consume both the television show itself and the officially produced extra material, as well as actively creating and discussing their own derivative âfannishâ works ranging from blog commentaries to fan-created videos. Thus, when the showâs producers launched a series of 3 to 4 minutes âwebisodesâ to re-build interest in the show prior to the launch of its third season, fans across the (wired) globe were understandably excited. However, when citizens of Australia, the UK, Canada or any other country outside the US tried to view these webisodes, they were met with a notice saying: âWeâre sorry, but the clip you selected isnât available from your location.â The owners of Battlestar (NBC) elected to restrict these webisodes to residents of the US only. This decision upset fans across the global Battlestar audience, with US fans quickly circumventing the restrictions and passing copies of the webisodes to their international fellows. In this paper, I will contend that this moment typifies the tyranny of digital distance, exemplifying the legal, ethical and practical issues raised when a globally-promoted television series âcentresâ on a single national audience. I outline the difficulties of âwatchingâ Battlestar from Australia, and argue for distribution modes which are more in keeping with the technological (and fan-led) potential of digital distribution.
As you might imagine, this paper will draw together my previous thinking about the tyranny of digital distance which you can read about here and here. I’m also finishing off another Battlestar-related paper that stopped being written for a year, but is now being finished off for a new collection. It’s going to be a busy month, but I’m hopeful both of these will be well polished before Emily and I get married on June 9th (presuming this abstract is accepted). Wish me luck!
Update (8 May 2007): The abstract has been accepted! Thankfully, though, full papers aren’t needed until August 1st so I’ll be writing this after Emily and I return from our honeymoon (in Venice!!) :).
Update 2 (21 September 2007): The full version of this paper has been accepted after peer review, and will appear in Media International Australia issue 126, which is scheduled to be released in February 2008.
Update 3 (26 March, 2008): You final version of this paper has appeared, and you can read it following the link from this post.
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