July 22, 2014

bakerstreetbabes:

Meet the sponsors and contributors to SherlockeDCC! We wouldn’t be able to put on this party without the assistance of these amazing companies! Want to see what they have in store for those attending SherlockeDCC? Well, read below!

GoPop TV

We partnered with GoPop awhile ago to create custom Sherlock commentary tracks on their app, and they’ve been amazing! Now you’ll all get to try out the app for yourself as GoPop will have a table where they’ll be demoing it. They also have free swag! gopop.tv

FYeahCopyright

FYeahCopyright is going to be a little late to SherlockeDCC because they’re participating in a panel on transformative works and transmedia at the exact same time [link] - but will be there in spirit with ribbons for SDCC badges - and the next day, you can catch FYC’s Heidi talking legal issues and fair use on a panel with Josh of DeviantArt and Betsy of AO3 [linkfyeahcopyright.tumblr

Adagio Teas

Thanks to Adagio, EVERYONE will be getting free tea at SherlockeDCC! Every goodie bag will have a small tin of tea while those who got The Woman and The Consulting Detective tickets will get free bags and sampler backs. Make sure you tweet and instagram your tea to Adagio! Adagio.com

High Voltage Magazine

The fab ladies of High Voltage will be giving out free print issues of their magazines, some free subscription cards, and will be MCing fandom band Gemini the entire evening! iamhighvoltage.com

Gold Bubble Clothing

Gold Bubble Clothing has a new Sherlock Holmes collection out and they gave us a 15% off code, BSBJULY14, for it! The code has been extended until after SDCC so you can place orders and chat to Gold Bubble at SherlockeDCC! goldbubbleclothing.com

Quirk Books

They brought you Pride & Prejudice & Zombies and now they’re coming to SherlockeDCC! Quirk Books are seekers of all things awesome and we’re delighted to have them as sponsors! quirkbooks.com

Espionage Cosmetics

With their own table, Espionage will be selling and showing you fabulous nail wraps as well as giving away coupons for their line. They ALSO have donated two not-yet-released Sherlock nail wraps for the raffle! espionagecosmetics.com

Watson and Holmes

The folks at New Paradigm Studios have donated a TON of swag featuring their race bent Holmes & Watson. We’ll have comic book issues, t-shirts, and more for attendees. Huge thanks! newparadigmstudios.com

See you at Comic Con!

10:11am  |   URL: http://tmblr.co/ZlK2rs1MC8xXF
  
Filed under: sdcc sherlockedcc 
July 21, 2014
Hey, Teen Wolf fandom, Mtv has something for you! It’s called The Collective and while it might seem shiny, nifty, annoying and/or inapropriate, it’s wrapped up in something that’s kind of archaic. 
A 2011 Terms of Use.
There’ve been a lot of discussions today on twitter and tumblr about the new “Collective” site for Teen Wolf fandom, which is hosted at [LINK] and is subject to the Terms of Use for all of Mtv, which are here. We’re going to focus on the legal issues, not the larger philosophical question of what happens when a show-team and its online arm start hosting fan content. 
As you can see, Mtv’s Terms of Use were written in 2011, which is pretty archaic for Terms of Use for a site that hosts user-created creative content. The Terms of Use are relatively standard for a site with message boards and downloads from The Powers That Be - and they don’t require users to assign copyright ownership of anything they post, which is A Good Thing (although there is a broad license that allows Mtv to do a lot of noncommercial things with submissions - see more on this below). 

However, if you post to The Collective, you’re required to “respect [Mtv’s]  copyrights, trademarks, and other intellectual property rights.” What does that mean for fanworks? We have no idea - there’s no definition, no standards, no explanation. Do you have to respect Gerard or the twins or McCall Senior? Do you have to respect the Nogitsune? (I once had a long discussion with a fellow lawyer as to whether it was possible to “tarnish” Voldemort as a matter of law; this is along those lines.)
 
What’s weirder is this: 

"You shall not … reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of VMN or its owner if VMN is not the owner."

In other words, they want people to upload fanart and creative expression, but at the same time you can’t reproduce (like in a collage) or create derivative works from any copyrightable elements of the site, or any TW trademarks. 
Derivative works and transformative works don’t completely overlap, but Mtv’s Terms of Use shouldn’t bar derivative works from the site while at the same time asking users to “share your talents”. It just doesn’t make sense. 
We’ve seen some people ask whether Mtv could take fanart and other items posted to The Collective and sell them on shirts or postcards - or put them on the Official Show DVDs without asking the artist’s permission. Technically, they can’t because the ToU says, “Posting is for noncommercial purposes only.”
That should mean that Mtv can’t make any commercial use of the content posted to The Collective without getting additional permission and rights from the artist. That’s how we hope it will be read. 
This might be a good time for Mtv to update the Terms of Use for its entire site - but at the very least, they (and/or RebelMouse) should create specific Terms of Use for The Collective that protect fans’ rights in what they create, and possibly put limitations on what Mtv can do with fan-created and fan-submitted content. They also should have a form for fans to use if someone else submits their creativity without permission - if someone does take your stuff and put it on the Collective, or any other site, you can submit a DMCA takedown request to the site, but for a site that is focused on fan creativity, the process should be clear and easy for fans to use. 
 
The tl;dr - there are legal issues with the Terms of Use, but most of them are because the Terms of Use for Mtv’s sites are a few years out of date. Hopefully this will get Mtv to update their policies; if they want to chat about it at Comic Con, their first easy chance to find us will be at the Transformative Works & Transmedia panel on Friday night - we’ll definitely be talking about The Collective. 

Hey, Teen Wolf fandom, Mtv has something for you! It’s called The Collective and while it might seem shiny, nifty, annoying and/or inapropriate, it’s wrapped up in something that’s kind of archaic. 

A 2011 Terms of Use.

There’ve been a lot of discussions today on twitter and tumblr about the new “Collective” site for Teen Wolf fandom, which is hosted at [LINK] and is subject to the Terms of Use for all of Mtv, which are here. We’re going to focus on the legal issues, not the larger philosophical question of what happens when a show-team and its online arm start hosting fan content. 

As you can see, Mtv’s Terms of Use were written in 2011, which is pretty archaic for Terms of Use for a site that hosts user-created creative content. The Terms of Use are relatively standard for a site with message boards and downloads from The Powers That Be - and they don’t require users to assign copyright ownership of anything they post, which is A Good Thing (although there is a broad license that allows Mtv to do a lot of noncommercial things with submissions - see more on this below). 
However, if you post to The Collective, you’re required to “respect [Mtv’s]  copyrights, trademarks, and other intellectual property rights.” What does that mean for fanworks? We have no idea - there’s no definition, no standards, no explanation. Do you have to respect Gerard or the twins or McCall Senior? Do you have to respect the Nogitsune? (I once had a long discussion with a fellow lawyer as to whether it was possible to “tarnish” Voldemort as a matter of law; this is along those lines.)
 
What’s weirder is this: 
"You shall not … reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of VMN or its owner if VMN is not the owner."
In other words, they want people to upload fanart and creative expression, but at the same time you can’t reproduce (like in a collage) or create derivative works from any copyrightable elements of the site, or any TW trademarks. 
Derivative works and transformative works don’t completely overlap, but Mtv’s Terms of Use shouldn’t bar derivative works from the site while at the same time asking users to “share your talents”. It just doesn’t make sense. 
We’ve seen some people ask whether Mtv could take fanart and other items posted to The Collective and sell them on shirts or postcards - or put them on the Official Show DVDs without asking the artist’s permission. Technically, they can’t because the ToU says, “Posting is for noncommercial purposes only.”
That should mean that Mtv can’t make any commercial use of the content posted to The Collective without getting additional permission and rights from the artist. That’s how we hope it will be read. 
This might be a good time for Mtv to update the Terms of Use for its entire site - but at the very least, they (and/or RebelMouse) should create specific Terms of Use for The Collective that protect fans’ rights in what they create, and possibly put limitations on what Mtv can do with fan-created and fan-submitted content. They also should have a form for fans to use if someone else submits their creativity without permission - if someone does take your stuff and put it on the Collective, or any other site, you can submit a DMCA takedown request to the site, but for a site that is focused on fan creativity, the process should be clear and easy for fans to use. 
 
The tl;dr - there are legal issues with the Terms of Use, but most of them are because the Terms of Use for Mtv’s sites are a few years out of date. Hopefully this will get Mtv to update their policies; if they want to chat about it at Comic Con, their first easy chance to find us will be at the Transformative Works & Transmedia panel on Friday night - we’ll definitely be talking about The Collective. 

July 20, 2014
Are you coming to San Diego Comic Con this week? FYeahCopyright will be there - and if you’re interested in the intersection of fandom and legal issues as a fan, creator or both, here’s some panels we think you’ll be interested in. Don’t forget to use the SCHED website or app to “rsvp” so the panel organizers and SDCC can have an idea of how many people are interested in each topic!
If you have any additional recs about panels on legal topics or organized by fandomers, please let us know via an Ask, or reblog this post with the info added in and we’ll share the updated version, too. 
We hope to see  you at SDCC, and if you find either heidi8 or untitledbychoice, ask us for a FIC pen or a badge ribbon - we’ll have both! You can also find Heidi (and the pens, and copies of FIC: Why Fanfiction Is Taking Over the World (edited by annejamison)) with Amber Benson at the smartpopbooks booth (#4300) on Saturday morning from 10 til 11. 
FRIDAY
Comic Book Law School 202: Moving Forward: Marketing, Monetizing, and More! with a focus on contracts, license agreements and IP law. 10:30 AM in 30CDE
Teen Wolf Fanworks Discussion with daunt (artist), febricant (Not As Described), magneticwave (we knew every line), rashaka (The Next Level Is Real),the_deep_magic (Pack Up; Don’t Stray), and  zjofierose  (Holding Your Own Weight) 11 AM in 29A

How Media and Marketers Are Harnessing the Might of the Superfan with publisher Filip Sablik (boomstudios), journalist Heidi MacDonald (The Beat,Publishers Weekly), entertainment marketer Jeff Dellinger (Hero Complex), author Rob Salkowitz (Comic Con and the Business of Pop Culture), comics retailer Joe Field (Flying Colors Comics) media strategist Kris Longo (Geek Riot Media), and Ed Catto (Bonfire Agency) 4 PM in 25ABC
Creativity Is Magic: Transmedia and Transformative Works with  theorlandojones​ (Sleepy Hollow), flourish Klink (chief participation officer at The Alchemists), Professor Henry Jenkins (provost professor of communication, journalism, and cinematic arts, USC), Aron Levitz (wattpad) and Heidi Tandy of fyeahcopyright. 7:30 in 25AB
SATURDAY
CBLDF: Tales from the Code-True Stories of Censorship. The cbldf (Comic Book Legal Defense Fund) “gathers Denny O’Neil, Paul Levitz, and other top storytellers who worked under the Code’s strictures to tell the tales of how its censorship touched their creative visions.” 12:00 Noon in 30CDE
Fans, Love, and the Law with DeviantArt and Organization for Transformative Works with Josh Wattles of deviantart and Betsy Rosenblatt and Heidi Tandy of the legal committee at transformativeworks. 3:30 in Room 2
Legit Fanfic: How Fan-Made Content Is Good for Audiences, Filmmakers, and Hollywood with Alex LeMay (Resignation Superhero, BZRK), berniesu (lizziebennetdiaries, Welcome to Sanditon), and Josh Caldwell (Resignation Superhero, Anthony Zuiker’s: Cybergedon), Jay Bushman (Lizzie Bennett Diaries, Resignation), brand mangager and transmedia producer Laura Hoefs (Twilight), Jeremy Azevedo (Sr. director of original programming at machinima) and moderator  Gayle Bass (Right This Minute). 8:30 26ABC 
SUNDAY
DeviantArt’s shipping panel, “Building Your Fandom Armada" with Kay Purcell (damphyr) and Aun-Juli Riddle (aunjuli). 12:30 PM in Room 2
Fantastic Fans and Where to Find Them: The Annual Harry Potter Fan Panel, moderated by heidi8, with Kazu Kibuishi (Harry Potter 15th Anniversary Edition cover illustrator), Dylan Saunders (Team StarKid), Lauren Bird (HP Alliance), Madhuri Shekar (In Love and Warcraft), markdoesstuff (MarkDoesStuff.com) and Sunny Williams (Harvey Putter and the Ridiculous Premise). 4:15 in 6DE
Not a panel but relevant to our interests:
fangasmspn - the book about Supernatural fandom - will be at the Cinequest booth - stop by and say hi! 

Are you coming to San Diego Comic Con this week? FYeahCopyright will be there - and if you’re interested in the intersection of fandom and legal issues as a fan, creator or both, here’s some panels we think you’ll be interested in. Don’t forget to use the SCHED website or app to “rsvp” so the panel organizers and SDCC can have an idea of how many people are interested in each topic!

If you have any additional recs about panels on legal topics or organized by fandomers, please let us know via an Ask, or reblog this post with the info added in and we’ll share the updated version, too. 

We hope to see  you at SDCC, and if you find either heidi8 or untitledbychoice, ask us for a FIC pen or a badge ribbon - we’ll have both! You can also find Heidi (and the pens, and copies of FIC: Why Fanfiction Is Taking Over the World (edited by annejamison)) with Amber Benson at the smartpopbooks booth (#4300) on Saturday morning from 10 til 11. 

FRIDAY

Comic Book Law School 202: Moving Forward: Marketing, Monetizing, and More! with a focus on contracts, license agreements and IP law. 10:30 AM in 30CDE

Teen Wolf Fanworks Discussion with daunt (artist), febricant (Not As Described), magneticwave (we knew every line), rashaka (The Next Level Is Real),the_deep_magic (Pack Up; Don’t Stray), and  zjofierose  (Holding Your Own Weight11 AM in 29A

How Media and Marketers Are Harnessing the Might of the Superfan with publisher Filip Sablik (boomstudios), journalist Heidi MacDonald (The Beat,Publishers Weekly), entertainment marketer Jeff Dellinger (Hero Complex), author Rob Salkowitz (Comic Con and the Business of Pop Culture), comics retailer Joe Field (Flying Colors Comics) media strategist Kris Longo (Geek Riot Media), and Ed Catto (Bonfire Agency) 4 PM in 25ABC

Creativity Is Magic: Transmedia and Transformative Works with  theorlandojones​ (Sleepy Hollow), flourish Klink (chief participation officer at The Alchemists), Professor Henry Jenkins (provost professor of communication, journalism, and cinematic arts, USC), Aron Levitz (wattpad) and Heidi Tandy of fyeahcopyright. 7:30 in 25AB

SATURDAY

CBLDF: Tales from the Code-True Stories of Censorship. The cbldf (Comic Book Legal Defense Fund) “gathers Denny O’NeilPaul Levitz, and other top storytellers who worked under the Code’s strictures to tell the tales of how its censorship touched their creative visions.” 12:00 Noon in 30CDE

Fans, Love, and the Law with DeviantArt and Organization for Transformative Works with Josh Wattles of deviantart and Betsy Rosenblatt and Heidi Tandy of the legal committee at transformativeworks. 3:30 in Room 2

Legit Fanfic: How Fan-Made Content Is Good for Audiences, Filmmakers, and Hollywood with Alex LeMay (Resignation Superhero, BZRK), berniesu (lizziebennetdiaries, Welcome to Sanditon), and Josh Caldwell (Resignation Superhero, Anthony Zuiker’s: Cybergedon), Jay Bushman (Lizzie Bennett DiariesResignation), brand mangager and transmedia producer Laura Hoefs (Twilight), Jeremy Azevedo (Sr. director of original programming at machinima) and moderator  Gayle Bass (Right This Minute). 8:30 26ABC 

SUNDAY

DeviantArt’s shipping panel, “Building Your Fandom Armada" with Kay Purcell (damphyr) and Aun-Juli Riddle (aunjuli). 12:30 PM in Room 2

Fantastic Fans and Where to Find Them: The Annual Harry Potter Fan Panel, moderated by heidi8, with Kazu Kibuishi (Harry Potter 15th Anniversary Edition cover illustrator), Dylan Saunders (Team StarKid), Lauren Bird (HP Alliance), Madhuri Shekar (In Love and Warcraft), markdoesstuff (MarkDoesStuff.com) and Sunny Williams (Harvey Putter and the Ridiculous Premise). 4:15 in 6DE

Not a panel but relevant to our interests:

fangasmspn - the book about Supernatural fandom - will be at the Cinequest booth - stop by and say hi! 

July 8, 2014
I've Got The Fandom In Me

theorlandojones:

image

Going to San Diego Comic-Con?

I’m honored to be on a panel that’s all about FANDOM, along with heidi8/fyeahcopyright, a representative from wattpad, #Henry-Jenkins, and flourish! So let’s celebrate —

image

Here’s the details:

Creativity is Magic: Fandom, Transmedia and…

July 4, 2014
Are you coming to Comic Con? 
We are! FYC’s heidi8 and untitledbychoice will be at Comic Con, as usual, and we hope to see you there! 
One place where we will both definitely be is at Heidi’s panel with theorlandojones, flourish, Dr Henry Jenkins and Aron from Wattpad, on Friday, July 25 rom 7:30 to 8:30 in Room 26AB (SDCC registration required). 

Are you coming to Comic Con? 

We are! FYC’s heidi8 and untitledbychoice will be at Comic Con, as usual, and we hope to see you there! 

One place where we will both definitely be is at Heidi’s panel with theorlandojones, flourish, Dr Henry Jenkins and Aron from Wattpad, on Friday, July 25 rom 7:30 to 8:30 in Room 26AB (SDCC registration required). 

June 28, 2014

cadlymack:

erinbowman:

timelord-hails-glowcloud:

nolliemarie:

erinbowman:

A mini twitter rant I thought was worth re-posting here.

Defiantly worth reposting

um no. if i own the book but i cant find it im gonna read a pirated copy online. if i dont want to support the author (im looking at you orson scott card) but i still want to read the book i will pirate it.

Um, no. If I can’t locate the physical copy of a book I own and want to read it immediately, I am not entitled to STEAL a digital copy. I go find the physical book, or dig it out of storage, or wait for my friend who borrowed it to return it, etc, etc. There are books I own in print and ebook form for this very reason. Just because you paid for one copy of a book does not mean you get a second for free.

When you read a pirated book in any capacity, you are supporting piracy. You are telling the people running the site, “I support what you do, I think it’s okay to steal from authors, keep running this site and others like it.” It’s simple supply and demand. If no one downloaded illegal copies, these sites would not exist. People say ‘vote with your dollar.’ Well in this case, vote by not clicking.

Lastly, it is 100% your right to not support any author (or artist) you choose. But doing so through illegal channels defeats the entire purpose of making a statement. Go to the library and read OSC if you don’t want him to get another royalty from you buying his book. That library copy was purchased by legal means and can be read over and over without him earning another dime. Better yet, don’t read him PERIOD. That’s real follow-through. And then when someone asks you what you thought of Ender’s Game, for example, you have a wonderful chance to stand on your soapbox and explain that the book sounded awesome but you didn’t read it because you’re not supporting the author for REASONS.

I understand your points and how you are trying to justify your situation, but that’s exactly what they are—your justifications to steal anyway. Authors get paid royalties only twice a year, and many work a second job to get by. Every sale counts, and if you want more books written in the future, buy and read legal copies.

Yep.

June 27, 2014

Is it time for YouTube to reboot its Terms of Use? They haven’t updated it in over four years - the last revision is dated June 9, 2010 - and it doesn’t touch on the fact that since at least 2011 and possibly even years before, a small number of videos containing remixed content have been removed from the site or had the audio muted because of agreements between YouTube and at least one major music company

However, these agreements aren’t new, and to date, they haven’t impacted a large number of users; generally YouTube does follow the DMCA Takedown Process if a copyrightholder complains, which allows the uploader to “counter-notice” and explain why the video is noninfringing. 

Fair Use in the US is a lawful use of copyright, and in most cases, where a remixer or vidder says a work is Fair Use - and it is - YouTube generally reinstates the content in full, at least for viewers in the United States. 

Fair Use, as a matter of law, isn’t impacted by what private companies choose to do on their own sites.

Fair use is the right to make some use of copyrighted material without getting permission or paying. It is a basic limit on copyright law that protects free expression.

OTW FAQ

But just because you have the right to create and share a remix doesn’t mean that every site has to allow you to share said remix on their site. Almost every website, forum and app has a Terms of Use that controls what you do on said site, and they can take down content that doesn’t comply with their own Terms of Use. Sometimes it bars spam, sometimes it bars porn, sometimes it bars harassment; most sites either bar uploads of infringing works or take a huge risk in allowing it. 

YouTube has long hosted works that qualify as Fair Use - and they’re not the only site that does so. Tumblr, for example, allows users to upload videos right to the site, as long as you own the content, or it’s legal for other reasons; since Fair Use is a lawful use of copyright, that’s one reason. 

YouTube has been a beneficiary of something called the Digital Millennium Copyright Act’s Safe Harbor, which deflects financial liability from sites that host infringing content, if they take the content down when a copyright-owner reports that it’s infringing. There’s a whole Registered Agent-Notice-CounterNotice process in place, and if  you don’t follow the various steps, you can’t benefit from the Safe Harbor provisions. 

If YouTube is entering into agreements with “certain music copyright owners” that result in YouTube handling “videos containing their sound recordings in ways that differ from the usual processes on YouTube” there is a possibility that YouTube may not be able to take advantage of the Safe Harbor provisions for other content on the site. Can it be that the more they get involved in removing non-infringing (and infringing) works outside of the DMCA process, the less likely they are to be a DMCA Safe Harbor? 

Fans have left sites before when the sites have changed their Terms of Use or related policies; there have been exoduses from sites like Fanfiction.net when the Terms of Use made it problematic if not impossible to host certain kinds of perfectly legal and non-infringing content on those sites. 

The thing is, the agreement that YouTube has with Universal (and possibly other companies) isn’t new; it’s been around since at least 2011 and possibly 2009 or before. FYC’s Heidi got emails from YouTube in 2008 that said, “UMG has claimed some or all audio content in your video Going Underground. This claim was made as part of the YouTube Content Identification program.” (The link goes to the page in the Wayback Machine.)

While some remixers and vidders think that the UMG agreement means that all remixes and fanvids which include songs from Universal Music Group “remain disabled” - they don’t. It’s impossible to tell why certain vids get to stay up and others are taken down and put up and taken down, since the contract between UMG and YouTube is private - and may possibly have been updated since 2009, or 2011, or 2013. It’s impossible to know what the actual parameters are without hearing directly from YouTube or Universal. 

We’re going to try and find out.

If this is the same thing that’s been happening occasionally on YouTube since 2009, this doesn’t mean the death of the “YouTube remix” - especially because there are so many other places online to post remixed content - like tumblr - and ways to redirect people to other sites via “silent trailers" on YouTube. And it doesn’t mean anything has changed with regard to the law of Fair Use in the US; the law is what the law is. 

Fanworks, remixes and fan-created content have thrived and flourished, online and offline, for decades if not centuries. Even if one site has decided to be weird about users sharing content, it’s not a harbinger of doom for creative fans and their awesome shares, remixes and disruptions. 

And we’ll be talking about this on Friday, July 25 at San Diego Comic Con as part of the awesome panel on Transformative Works and Transmedia Creations with theorlandojones of Sleepy Hollow, transmedia producer flourish Klink, Dr. Henry Jenkins, Aron Levitz of wattpad and FYC’s heidi8 as moderator (and FYC’s Hannah will be around too). Learn more here - and if you can’t make it, we’ll have at least an audio recording up afterwards - possibly via DropBox and maybe, yes, on YouTube. 

June 16, 2014
"We cannot find any basis in statute or case law for extending a copyright beyond its expiration. When a story falls into the public domain, story elements—including characters covered by the expired copyright—become fair game for follow-on authors.
More important, extending copyright protection is a two- edged sword from the standpoint of inducing creativity, as it would reduce the incentive of subsequent authors to create derivative works (such as new versions of popular fictional characters like Holmes and Watson) by shrinking the public domain.
[If a work enters the public domain on a date stemming from first creation not final improvement the original creator may not be inclined to “improve” the work but later] other artists will have a greater incentive to improve it, or to create other works inspired by it, because they won’t have to pay a license fee to do so provided that the copyright on the original work has expired."

7th Circuit Judge Richard Posner

http://www.hollywoodreporter.com/thr-esq/conan-doyle-estate-loses-appeal-712135

In other words, the 7th circuit affirmed last December’s ruling that all but the last 10 Holmes stories are now in the public domain, in a ruling that criticizes long copyright terms and praises transformative works. The dicta would be beneficial to inspired secondary creators in cases involving transformative works.

May 22, 2014

markruffalo:

are we allowed to post itunes songs on here? or is that illegal?

It might be, or it might not be, it depends! (typical lawyer answer, I know.) 

First, try using the search function on audio posts to see if the song you’d like to share is already available on Spotify or Soundcloud. Both of these sites have licensing deals to stream music via Tumblr. Here’s how you do that: 

Click on “Audio post” from your dash, to get this blank post template: 

image

Search for the song you want: 

image

and choose an option. Tumblr will generate the post for you, and you’re done! 

If the song you’re looking for is NOT available, however, you may have to do a quick Fair Use analysis to see if you should be posting the song yourself. Fair Use is a copyright doctrine that allows certain types of infringements. There are four steps: 

1. What is the purpose or character of the use? Are you sharing it with us just because you like it? We hope so! But there’s nothing transformative about that use, generally. And that’s the key to this part of the analysis: are you using the song in a way that’s different to how it’s originally intended?

2. What is the nature of the copyrighted work? A finished song is generally built on a bunch of other copyrighted works, from the performance to the lyrics to the composition. If it’s been published/sold on iTunes then it’s most likely under copyright protection. 

3. The amount and substantiality of the work used compared to the original: This one’s tough: if you’re posting the original song, in it’s full length that’s probably not great, because you’re just re-publishing the original.

4. The effect of the use upon the copyrighted work. This is the not fun part of the analysis, because it’s all about the market for the original. If people see it on tumblr, are they going to go find a download, or are they going to go buy it? 

Over all, if you’re just sharing music with us, it’s probably best to see if you can find it on Soundcloud or Spotify first. You can even look for an official upload on YouTube and embed the video! 

Of course, none of the above applies if the work is public domain, or if it’s your own work and you’re the sole musician and performer. 

We here at fYeah can’t wait to see what you want to share. We’re big fans. 

May 18, 2014
"Wealthy Romans employed (or owned as slaves) personal librarians and clerks who copied books borrowed from the libraries of their friends. “I have received the book,” Cicero wrote to his friend Atticus, who had lent him a copy of a geographical work in verse by Alexander of Ephesus. “He’s incompetent as a poet and he knows nothing; however, he’s of some use. I’m having it copied and I’ll return it.” Authors made nothing from the sale of their books; their profits derived from the wealthy patron to whom the work was dedicated. (The arrangement—which helps to account for the fulsome flattery of dedicatory epistles—seems odd to us, but it had an impressive stability, remaining in place until the invention of copyright in the eighteenth century.) Publishers had to contend, as we have seen, with the widespread copying of books among friends, but the business of producing and marketing books must have been a profitable one: there were bookshops not only in Rome but also in Brindisi, Carthage, Lyons, Reims, and other cities in the empire."

Stephen Greenblatt: “The Swerve: How the World Became Modern

Who would have thought that the pre-moveable type Romans had a publishing industry based on the expectation of widespread copying and relying on fan patronage for financial support?

(via buzz)

Us: It’s a look into history *and* a fic/art prompt that works as an AU in any fandom!

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Filed under: Copying copyright