why free use is fair
DESCRIPTION
A presentation by Lewis Brown at the National Digital Forum (NDF) Fair Use Forum, 24 November 2009, Soundings Theatre, Te Papa Wellington. The real challenge for cultural heritage institutions to meet is free use, not fair use or fair dealing.TRANSCRIPT
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
www.flickr.com/photos/www.flickr.com/photos/kciveykcivey
Not free as in Not free as in beerbeer
www.flickr.com/photos/www.flickr.com/photos/16038409@N0216038409@N02
““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
www.flickr.com/photos/wallyg
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…”
www.flickr.com/photos/katphotos
“…“…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: [email protected]@digitalnz.org