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Alan Rusbridger,
Guardian
What does the future of journalism look like? As technology enables a new era of both journalism and...
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What does the future of journalism look like? As technology enables a new era of both journalism and media business, both are being redefined through new tools and practices. Activists, dissidents and whistleblowers have a global platform for protest, and journalists can tap an unprecedented range and depth of sources. But what are the best models for sharing information and collaborating through the internet? Information may want to be free, but how should it be organised? And what do the mechanisms of networked journalism and collaboration look like?
New technologies invite journalists to break down the walls between them and the readers, placing themselves at the centre of the conversation. What are the limitations of existing tools? How could a network of collaboration help that transformation? And can those same tools help to empower citizens as engaged participants?
As discussion over the neutrality of the internet intensifies, perhaps we should consider a new, non-commercial internet space free from government interception - a new interpretation of the fourth estate. A digital public space where copyright and collaboration are reinvented. What can journalism and the media learn from successful 'openness' campaigns of the web, of business and open government? Our panel will scope out the state of networked journalism today and look at models that can inform the collaborative media of the future.
Licensing / Fair Use / Copyright journalism, networks, openness
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Aly Dossa Dossa,
Osha Liang LLP
The decision to leave the comfort and safety of a steady paycheck for the uncertainty of owning a bu...
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The decision to leave the comfort and safety of a steady paycheck for the uncertainty of owning a business would seem daunting enough to dissuade most people from ever trying it. Despite the unknowns, though, more and more of us venture forth into business ownership every year. Of all of the things we do our best to keep track of, intellectual property protection seems to be one of the most common pieces we simply let go of. Why is that? If you think about it, it's one of the most important things that any business handles - who owns the things you create? How long can they use it? Do you still have rights to it? In this presentation, we'll endeavor to answer these questions and perhaps cover a few more.
This presentation is targeted at new start-ups, small businesses and anyone else curious about how to protect their property rights in the digital world. The presenters will cover some of broader points of contract law as it relates to new or fledgling entrepreneurs with the goal of broadening understanding of this intimidating but very necessary part of business ownership. Established businesses are welcome to join as well. It's never too late to start protecting the core of your business.
Overall, the presenters hope that a person leaving this discussion will come away with a clearer picture of contracts in the digital business world and why it is important to protect your assets from the start.
Licensing / Fair Use / Copyright Business Start up Needs, intellectual property, legal
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rosalie barnes,
burning man
For those following the chatter on the blogosphere, the Electric Frontier Foundation (EFF) went on t...
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For those following the chatter on the blogosphere, the Electric Frontier Foundation (EFF) went on the attack in late 2009 against Burning Man for the LLC’s DMCA policy and online terms of use. In a shocking turn of events, Burning Man, the EFF and Creative Commons entered into negotiations during 2010 to transform the largest counter cultural art gathering in the world into a legal platform for human readable language and a free culture. Will it work? Will it crash? What will they as a team decide? And how will you help them evolve further?
Join us to explore Burning Man as a microcosm of creative culture and copyright: Anything goes in Black Rock City--except when you've got a camera in your hand.
Licensing / Fair Use / Copyright burning man project, Creative Commons, electric fronteer foundation
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Patricia Aufderheide,
Center for Social Media, School of Communication, American University
While the Associated Press alerts the world that it is charging by the word for reuse of its materia...
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While the Associated Press alerts the world that it is charging by the word for reuse of its materials, bloggers are making fun of the AP’s own payless quotes from their own work. Politico.com and time.com republish Rolling Stone’s career-destroying interview with Gen. Stanley McChrystal; their claims of hot-news sharing look like hijacking to Rolling Stone. How does the fair use doctrine apply in the Wild West of the new journalism? As video becomes ever more pervasive in web-based reporting, what’s ok to peel off ESPN and what do you have to just link to or talk about? In this panel, you’ll watch bloggers and mainstream mediamakers face off, get to vote on the stakes involved, and hear responses from legal and communications experts on the utility and limits of fair use on the front-lines of the changing media paradigm.
Licensing / Fair Use / Copyright Economic Concerns, journalism, Publishing
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Jason Hsiao,
Animoto
Photo and video sharing online has evolved into an entirely new category of communication. Two-third...
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Photo and video sharing online has evolved into an entirely new category of communication. Two-thirds of the world’s Internet population visit social networking or blogging sites, according to a Nielsen report. At some point most of them will upload their own media to those sites - and every time they go online all of them are consumers of the media posted by others.
With so many applications being built around the posting, aggregating, tagging and viewing of media on social networking sites, the legal privacy and ownership rights surrounding photos and videos has become a hot topic of conversation and poses many challenging questions.
There are about 400 million active users on Facebook and 75 million on Twitter alone and most are unaware of the final destinations of their personal images and the path they took to get there. Attendees will learn about privacy and who really owns the rights to online media from qualified panelists who have dealt with those issues to create successful companies. They will share insight on how companies choose photo sharing/privacy policies, the privacy options for the users, and how people can prevent that embarrassing, drunken episode in college your roommate uploaded onto their blog from becoming the next You Tube sensation.
Licensing / Fair Use / Copyright Media sharing, Photo privacy, social media
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John Logie,
University of Minnesota
In the space of a decade, the mash-up has gone mainstream (as the occasional episode of “Glee” d...
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In the space of a decade, the mash-up has gone mainstream (as the occasional episode of “Glee” demonstrates). So, where to next? This panel offers views of the future of the mash-up as an artistic and cultural phenomenon. This panel will also examine the degree to which the future of mash-ups is constrained by current (and potential) interpretations of copyright law. The panelists bring a range of experience and perspectives to these topics. Among the panelists is one of the co-directors of Copyright Criminals: This is a Sampling Sport, who can speak to the particular challenges of film production when addressing appropriative creative work. Another panel member is the founder of Critical Commons, an organization dedicated to facilitating and encouraging both electronic scholarship and creative production. Taken together, the panelists are scholar/practitioners with strong backgrounds across a range of disciplines but with a shared commitment to recalibrating copyright law to encourage creative and persuasive communication. We seek to expand the conversation between current (and future) practitioners of mashing strategies and the critical and scholarly communities whose disciplines intersect with that work. Our first three presenters will, in turn, focus on the possible futures of mash-ups in music, static visuals, and audiovisual media. Our final presenter will address whether our laws will allow any of the exciting possibilities outlined by the first three presenters.
Licensing / Fair Use / Copyright copyright, mash-up, rhetoric
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Joy Marcus,
Dailymotion
This discussion will examine the the opportunities, challenges and dangers of licensing content that...
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This discussion will examine the the opportunities, challenges and dangers of licensing content that can be seen or heard at any time on virtually any connected media device.
Joy Marcus, a veteran IP attorney and General Manager of Dailymotion, US, will offer her perspectives from having brokered licensing agreements with some of the world's largest content owners. Attendees will also hear from the execs who license content to providers.
Licensing / Fair Use / Copyright content distribution, intellectual property, licensing
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Joshua Huck,
Lamebook LLC
Growing internet access and a hyper-evolved societal awareness built in to the humor of our age have...
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Growing internet access and a hyper-evolved societal awareness built in to the humor of our age have led to an explosion of Neo-Swiftian cultural critique in every area imaginable: art, literature, film, gaming, social networking, food, politics, business and even parody itself. The Daily Show now provides our Modest Proposal every evening, Cervantes acolytes all over the world ruthlessly skewer our holy cows from their blogs, forcing us to laugh at ourselves and the institutions we create and support. While parody and satire are inarguably essential to humankind’s dialectic with itself, the same tools that have raise our collective voice are being utilized by powerful forces to squelch us. Facebook is dragging offending sites into court with a vengeance. Celebrities sue bloggers with a regularity one can set their watch to. Even Blizzard Entertainment–of World of Warcraft fame–forced the pulping of tens of thousands of copies before the release of a satirical book. So what do the jesters do when the giant doesn’t have a sense of humor? A balance must be struck between the rights of individuals and institutions and the rights of others to mock them. The purpose of this panel is to assess the present health of parody in New Media (however broadly defined), discuss its evolving role in our discourse, and to develop a prognosis for its future that will enable to prescribe the right strategy to protect those who hold the mirror to a world of naked emperors.
Licensing / Fair Use / Copyright fair use copyright, free speech, parody satire
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Jim Flink,
Newsy
The last few years have seen the emergence of quality content produced from analyzing, crowd-sourcin...
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The last few years have seen the emergence of quality content produced from analyzing, crowd-sourcing, exhibiting, sorting, and mashing up content from a multitude of sources. This trend opens up opportunities for successful content business models to everyone - leveling the playing field for those who previously lacked a video production house or sound studio. Remarkably, original content creators are no longer road-blocking these efforts. Realizing the benefits of exposing new audiences to their content and driving traffic to their properties through attribution links, established media companies are allowing - if not encouraging - various types of innovations to their content. Using different media companies as examples, Jim Flink will explain how concerns about copyright infringement have lessened as traditional media companies realize how curated content can benefit their organizations. Quality curated content is determined by its context and engages public dialog. Flink will also explain the various types of revenue streams possible from this new wave of content creation - emphasizing that inclined people can create quality content they can monetize.
Licensing / Fair Use / Copyright curation, fair use, online video
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Mehan Jayasuriya,
Public Knowledge
Have you ever received a takedown notice for an MP3 or video you posted on your blog? Did you get cl...
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Have you ever received a takedown notice for an MP3 or video you posted on your blog? Did you get clearance from a publicist only to have the label accuse you of illicitly distributing their content? Did Google delete your Blogspot blog? Are you scared to post MP3s on your blog at all for fear of being sued?
There's a lot of confusion and disinformation out there when it comes to bloggers' rights--especially where the nuances of copyright law are concerned. In this workshop, we'll teach you how to make sure you're in the clear when posting content on your blog, exactly what your responsibilities are as a blogger and how to fight back if you're wrongfully accused. The presenters--both of whom work for the Washington D.C.-based digital rights non-profit Public Knowledge--will bring a wealth of expertise from both sides of the issue to the table. In addition to overseeing Public Knowledge's outreach and new media efforts, Mehan Jayasuriya is a freelance music blogger and photographer who has worked with publications like PopMatters, Stereogum and DCist. Michael Weinberg is a staff attorney at Public Knowledge, where he focuses on telecommunications policy, in addition to copyright reform and entertainment law.
Licensing / Fair Use / Copyright blogging, fair use, mp3
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Tara Aaron,
Stites & Harbison PLLC
Online content is being created and used every minute. But legal pitfalls abound, and the stakes ar...
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Online content is being created and used every minute. But legal pitfalls abound, and the stakes are only getting higher. How do you protect yourself from an accusation of copyright infringement, or protect your own content from misuse on the internet? This panel will offer a basic definition of copyright and explore the contours of fair use as a defense to copyright infringement - they may be narrower than you think. We will give you the legal overview, and offer the views of those in the interactive community - how does fair use apply to them and should the law be changed?
Licensing / Fair Use / Copyright fair use copyright, intellectual property, legal
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Nancy Prager,
Nancy Prager, Esq.
Copyright law in the United States is unique. The exclusive rights granted to owners of copyright a...
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Copyright law in the United States is unique. The exclusive rights granted to owners of copyright are subject to certain limitations, including fair use. While we all have our opinions as to what fair use is, the law decides what is, in fact, fair use.
The debate about fair use is so great that many disagree what the law is. Is it an affirmative defense to copyright infringement claims or a First Amendment right? If well informed and educated people are not able to agree on a basic principle of law, what happens when they try to apply the concept to the facts.
Sparks fly.
The panel will include representatives from ALL sides of the fair use debate. The panel will consider fact patterns from cases as well as issues the audience presents. Representatives of copyright owners will make their case why a use might not be fair, while representatives of users of content will make their case why the use is fair.
The panel's goal will be to provide guidance and an objective understanding of the complex nature of any fair use analysis.
Licensing / Fair Use / Copyright copyleft, copyright, fair use
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Eric Steuer,
Creative Commons
For decades, public policy discussions centered heavily around moral concepts, but as we’ve recent...
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For decades, public policy discussions centered heavily around moral concepts, but as we’ve recently experienced, utilitarianism changes everything. Today policy questions aren’t analyzed in "moral" terms but in economic ones, and across professions, even practices such as information sharing are subjected to cost/benefit analyses. While academics, government, journalists and researchers all have strong personal incentives to produce unique and original research, the importance of sharing the knowledge they produce remains paramount--no longer just for moral reasons, but also from an economic standpoint. Why does sharing make sense, and why should the government, universities, non-profits, and research institutions alike institute policies that incentivize transparent and open information-sharing practices?
Licensing / Fair Use / Copyright collaboration, Open Collaboration, policy
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Corynne McSherry,
Electronic Frontier Foundation
Activists such as the Yes Men use the power of the Internet to stage highly effective "identity corr...
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Activists such as the Yes Men use the power of the Internet to stage highly effective "identity corrections," in which they temporarily pose as business and government representatives (such as the U.S. Chamber of Commerce, British Petroleum and Peabody Coal) and make statements on their behalf in order to raise popular awareness of the real effects of those entities’ activities. However, targets of the parodies often do not appreciate the criticism, and some have hit back with legal threats and even lawsuits. As an attorney with the Electronic Frontier Foundation, Corynne McSherry has been defending "identity correctors" for years. She'll discuss some of the most interesting and effective examples of identity correction, the legal challenges they face, and steps activists can take to protect themselves from legal retaliation.
Licensing / Fair Use / Copyright
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Hank Nothhaft, Jr.,
Chattertrap
While publications and content producers continue to cry foul at
aggregators, search engines, and s...
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While publications and content producers continue to cry foul at
aggregators, search engines, and social networks that disseminate
their proprietary work, users are increasingly dependent upon these
types of services to help cut through the clutter of the Web. How can
we strike a balance that is fair for content creators, but still serve
the needs of an audience that wants to easily find and share that
content?
On this panel we will explore the current debate over Fair Use in
relation to aggregators and other tools that are becoming increasingly
necessary in our daily navigation of the Web. What are the current
parameters of Fair Use, and do aggregators abuse the system? How do we
ensure that web content remains attached to its creator and
originating outlet? And what types of emerging technologies might help
bridge the production and dissemination divide?
Licensing / Fair Use / Copyright aggregation, content curation, content distribution
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Olivera Medenica,
Wahab & Medenica LLC
As media giants wage a piracy war, “infringement” is not the real issue, but rather “predictab...
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As media giants wage a piracy war, “infringement” is not the real issue, but rather “predictability” as to what makes a digital content delivery business model lawful. Indeed, the recent Viacom v. Google decision is on many levels a conflicting retread of the Grokster ruling, making it more apparent than ever that courts have failed to provide consistent parameters. To truly make digital content delivery a viable industry in the long run (for content creators and new marketplace entrants), a coherent framework governing how third party content may be exploited must be devised. In other words, digital content delivery players need clear and reliable guidelines to assess whether their business model is permissible or not.
This panel will deconstruct the latest line of cases in order to outline the framework upon which new business models can be built. To do so, panelists will look at the Grokster and Viacom cases, and compare them to other decisions that could impact the structure of any such business model.
The panel will examine what constitutes the “inducement” of copyright infringement, and will parse out still uncertain areas of the law from those that are well established. Based upon those preliminary conclusions, panelists will establish basic principles upon which any new business model needs to be built while looking forward to new technological development.
Licensing / Fair Use / Copyright Downloads, peer-to-peer, YouTube
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Erik Metzger,
Intel Corporation
As 3D and online games become more film-like in terms of their development and distribution, game de...
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As 3D and online games become more film-like in terms of their development and distribution, game developers need to be more concerned with procuring appropriate rights of 3rd party content and contributions from others. A legally sound game will attract more funding and more interest than others that carry a significant risk to studios and investors. Moreover, having one's legal ducks in a row at the outset, will protect the independent game developer and the licensing studio or development company from undue legal risk. Entertainment attorney, Larry Waks of Austin firm, Jackson Walker LLP, and Intellectual Property attorney, Erik Metzger of Intel Corporation, will provide a "from idea to distribution" overview of the legal concerns behind modern 3D and online game development. This panel is intended for the online and 3D game development community.
Licensing / Fair Use / Copyright game development, intellectual property, legal
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Meg Ambrose,
University of Colorado, ATLAS Institute
United States Copyright policy remains loyal to the concept of an individual author creating in isol...
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United States Copyright policy remains loyal to the concept of an individual author creating in isolation. Today, technology and digital interactivity is changing our notions of creativity and the creative process. Computer programs are being used to write fiction and compose music; digital poetry asks users to play with and add words to literary pieces; and gamers develop worlds in which the players have increasing control over their visual and environmental experience. We are all creating within the boundaries of the digital tools at our disposal. This panel will discuss how current copyright law should adjust to emerging creative norms.
Licensing / Fair Use / Copyright Creativity, digital, intellectual property
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Brett Trout,
Brett J. Trout, P.C.
APIs and mashups provide content providers a vast playground within which to create new tools using ...
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APIs and mashups provide content providers a vast playground within which to create new tools using existing content. While these tools provide value, not all are legal. Patent, copyright and trademark laws all contain restrictions on what you can and cannot do with third party content. Even creative commons licenses can place restrictions on how content may be used in the context of APIs and mashups. In addition to the legal restrictions, there are also ethical, etiquette and practical considerations, any one of which could bring your underlying business to a grinding halt.
This presentation walks you through the principles underlying patents, copyrights and trademarks. Moving from the present state of online intellectual property protection through the changes intellectual property law will undergo over the coming years, the talk provides insight as to how best position your company to capitalize on the new opportunities these changes offer.
The talk uses recent cases, including Bilski (business method patents), Viacom (The Youtube copyright suit), and Shepard Fairey (fair use in derivative works) to explain how ethics, etiquette and practical ramifications of intellectual property issues interrelate, and sometimes even outweigh the legal implications. The talk also includes anecdotes and examples of practical solutions to illustrate how companies can use APIs and mashups without ending up on the wrong side of the law.
Licensing / Fair Use / Copyright API, intellectual property, Mashups
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David Barnard,
lathropgage.com
Several months after the BP spill, we look through the lens of market anthropology to examine the h...
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Several months after the BP spill, we look through the lens of market anthropology to examine the half-life of social media and the cultural fallout of connected social satire. Our investigation will examine the tools of global brand monitoring and discuss the manifest and latent social functions driving online comments and conversation, as well as the role of social punishment in our cultural ecology. We also explore the legal implications of parody, satire and disparagement using the BP disaster as a backdrop. This discussion will address use and misuse of intellectual property and tactics available to take control of brand communications.
Licensing / Fair Use / Copyright
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Eva Galperin,
Electronic Frontier Foundation
The U.S. Copyright Group has quietly targeted tens of thousands BitTorrent users for legal action in...
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The U.S. Copyright Group has quietly targeted tens of thousands BitTorrent users for legal action in federal court in Washington DC. The defendants, all Does, are accused of having downloaded independent films such as "Far Cry," "Steam Experiment," and "The Hurt Locker" without authorization.
What is the U.S. Copyright Group? How are they suing so many people? What should you do if you're sued? If you're a movie fan, should you be worried? If you're the producer of an independent film, should you be suing your fans?
We're going to find out.
Licensing / Fair Use / Copyright BitTorrent , copyright, spamigation
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