Larry Lessig on laws that choke creativity

Larry Lessig makes some very interesting comparison / stories to explain his point during this ilecture.

He looks at how the world use to be a "Read-write" society, which turned into a "read-only" society.

How the laws in the US once said the owner of a land/property also owns the sky property sat under.

Plus ASCAP vs broadcasters regarding accessing music and how BMI came along, which changed the dynamics.

Ascap thought the public would side with them because they had the access to the best music and there would be a revolt from the public but the public chose BMI due to the accessibility of their music they offered.

Lessig also looks at how the Internet has been able to revise the "read-write" & remix ways of the past and how today's Technology has provided creative tools & tools of speech.

Lessig sees the extremism from both sides those of the 'law' and those of 'fair-use' - the law side making ridiculous commands (take down warning etc..) to take certain content of sites such as YouTube and the 'fair-use' side, specifically our youth, which rejects copyright laws altogether.

He believes there is a need for balance, which can be gained through a private solution, a solution that will show our law makers that, just like BMI offered years ago, their is a way that is still economically friendly and good for business. We need to build on where artist and creators chose to freely give their works to none commercial / fair-use avenues. This is a key component to making this work.

Just like the laws once needed to be changed for technology such as Plans flying over protected property. The Internet technology offers new challenges and our current laws need to be able to adapt to.

Recovering fair use, MC Media Culture

I just read Steve Collin's notes. Which had me think of examples where fair use and copyright issues were happening. One example came to mind...


It was this year that there was a copyright issue with the band Men at Work... using the riff from "Kookaburra Sits In The Old Gum Tree" in their song, 'Down Under.' It was the publisher not the creator (as the creator past away in 1988) that sued them. The Publisher only obtained the copyright to "Kookaburra Sits In The Old Gum Tree"since 1990... I kind of feel Men At Work's use of the riff should be 'fair use' but I might feel different if it was the creator who was complaining not the publisher...etc...
http://www.abc.net.au/news/stories/2009/07/30/2640727.htm

I guess with this example I feel the use of the riff was used by the writers of 'Down Under' to capture the Australian vibe... so sway towards 'fair use.'
I found this link on the 3aw site: -
http://www.3aw.com.au/blogs/3aw-generic-blog/colin-hays-say-on-down-under-ripoff/20100205-nhax.html

There's a fine line between 'fair use' and encroaching on copyright. Finding the balance is hard to do because people interpret laws differently and usually for personal gain...

Fanfiction

Fanfiction - yet another labour of love. Fanfiction comes in all forms and offers different things.
Fanfiction can offer unanswered questions fulfilled, explore character more in depth, turns minor characters/parts into their own series/stories or see the view from a different characters prospective among other things. Fan fiction is written by fans for fans. The creators of the original work(s) sometimes discourage whilst other encourage it. Fanfiction whatever form(s) it takes has been around for years. "Shakespeare's history plays are like Real People Fiction, while many of his comedies and tragedies are based on Italian, classical, and other existing stories." (Explore: fanfic entry on the fanlore wiki) and will continue for years to come...

Vidding

Watching short documentaries clips about Vidding -

Vidding to me seems to be a labour of love were certain fans of entertainment media (i.e. music/film or TV) put together their own pieces work using existing works such as songs over pieces of their favorite film and/or TV footage. They will cut certain bit out of a TV show or movie and put music to it.

2.1 Entertain Me! Who makes your entertainment? Institutions, audiences & participatory culture.

Reading The promise is great: the blockbuster and the Hollywood economy. Media, Culture and Society, 31(2), 215-230. By Cucco M. (2009).

Basic notes: -

The author starts of looking at the blockbuster (movie/film) and the marketing strategy's after WWII. Douglas Gomery states - "whilst Jaws wasn't the first film marketed and promoted by and through broadcast television it was the first million-dollar success proved that that strategy was the one that would redefine Hollywood through saturation advertising."

The author then looked at the "saturation booking strategy" and how it has changed over the years due to the new distribution channels which have been introduced. Jaws taught the film indusdtry the power of saturation advertising.

Then there is the strategic role of the opening weekend - "80 percent of the advertising investment is spent in the week before the release of the film in the theatres (Vogel, 1998)." The author also notes thats the most playing time (coverage) is in the first week in order to get the most out of the TV advertising etc... Also in recent times the marketing cost have been higher then production costs...

Movie are also considered an experiential commodity because its hard for the cosumer to know the quality and will often wait until they receive some kind of feedback or read/hear reviews etc...


To maximize the cost of transfer rights: Tends to be higher if the movie did well during its first week...etc...


To maximize the star and pre-sold identity effect: Stars turn into brand-names that help sell the movie. However a stars brand will only last the first week... This is why the distributor puts its efforts towards the first week...


To reduce the danger of competition: Studios have an agreement to release dates to limit competition (i.e. same audience). Certain times are better for release dates to gain maximum impact.


To exploit the potential of multiplex cinemas: life cycle of a movie and how cinemas work with this.


To maximize distributors’ receipts: "Distributors and exhibitors share the takings according to percentages that change over the weeks."concentration of revenue on the first weekend brings a higher remuneration for the distributor."

(a)concentration of advertising costs and maximization of effects;
(b) avoidance of a debate over quality;
(c) maximization of transfer rights costs;
(d) maximization of the star-effect and pre-sold identity;
(e) reduction of the danger of competition;
(f) use of the potential of multiplex cinemas;
(g) maximization of distributors’ revenues.

Lee's Personal media use and preferences;

I posted this on my uni discussion board on the 5th... so its late. But here it is anyway.... :)


Social Media: - Well I spend a lot of time on Facebook.. (Multi times Daily). I find it a great/Convenient way to stay in touch with friends and family plus for networking! I also use Myspace and youtube heavily for networking and promoting works. Did I mention I'm a Musician?

Television: - I seem to be all over the place with TV... I have been watching Seinfield on the GO channel... lol.. But have also been using Youtube sometimes instead. So its changing a lot these days my TV movements. TV seems to be a passing thing often. What I mean is, if I'm passing through and something catches my eye I will watch it... But I'm finding my internet and business activities are impacting my TV view greatly.

Research: - My Uni work is all done online as well... It seems fitting to research internet communications using the internet! I have even been known to contact Authors directly!Its also very Convenient for me.
Phone: Mobile for almost everything work/social etc.... Texting heaps also instead of talking... Plus e-mails frequently.

Music: - I listen to the car radio heaps. Don't buy CD's as much as I did 10 years ago? Might be a combination of my age and today's technology... I often go on youtube or myspace to hear music. I do this often to research music project I maybe working on.

Commerce: Well I also use online banking, Ebay, online product/softwarepurchases and updating my website(s), e-mails, uploading music and video files... sending off mp3 files...
Literature: online News, Uni Research, Music Industry related text. Sometimes I will youtube in lieu of text...

mini lecture on learning portfolio

Today I watched Helen's i-lecture. I found it really helpful... It just cleared the portfolio assignments for me...