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the law and creativity

  • Apr. 5th, 2008 at 9:35 AM
naanima: ([Misc] Looking for knowledge)
Larry Lessig discuss the issue of law and creativity. This is probably one of the most thought-out discussion(s) on the subject of current copyright laws and the impact on fan generated content and its effect on culture. Fascinating stuff, and now I really want to meet the man.

Comments

[identity profile] blondeleo.livejournal.com wrote:
Apr. 5th, 2008 02:37 am (UTC)
wow. thanks so much for sharing this! very eye-opening.
[identity profile] naanima.livejournal.com wrote:
Apr. 5th, 2008 03:16 am (UTC)
If you get the chance check out some of the other videos on the site. It is absolutely amazing. I have spent the past 2 hours watching and gooling some of the speakers, and they are such interesting, intelligent and nice individuals.
[identity profile] blondeleo.livejournal.com wrote:
Apr. 5th, 2008 03:27 am (UTC)
i've already joined! haha
[identity profile] -leareth.livejournal.com wrote:
Apr. 5th, 2008 08:31 am (UTC)
Thanks for the heads up :) been watching TED for a while, and this looks really interesting (will watch when I get back tonight) since I'm brainstorming ideas for my issues in intellectual property essay.
[identity profile] naanima.livejournal.com wrote:
Apr. 5th, 2008 02:26 pm (UTC)
Glad to help. :) This clip make me have hope that one day internet and copyright law can actually get it right when it come to the internet and user generated content based on original text.
[identity profile] -leareth.livejournal.com wrote:
Apr. 5th, 2008 02:37 pm (UTC)
Don't hold your breath. The Australian Copyright Act is nowhere near as well drafted as it could have been to take into account modern technology.
[identity profile] naanima.livejournal.com wrote:
Apr. 5th, 2008 02:55 pm (UTC)
This both amuses and worries me. Figures we would have a Copyright Act from the Dark Ages. They can't continue to ignore such a deficiency in the Act, sooner or later someone (or some big organisation) will sue one little fan, and then we will see how the dice will roll on that one.

The repercussions on that one terrifies me.
[identity profile] -leareth.livejournal.com wrote:
Apr. 5th, 2008 03:06 pm (UTC)
We don't have one from the Dark Ages, in fact in many ways the CA as it stands since 2006 is apparently being studied by the UK with regards to how they might change theirs in future. In terms of being up to date with technology ... it tries.
[identity profile] code-renegade.livejournal.com wrote:
Apr. 5th, 2008 08:45 am (UTC)
Very interesting talk. I had much LOL at the Bush/Blair clip. One of the things I'd like to see develop from this a higher adoption rate of the Creative Commons license, which is currently still flying under the radar of almost all countries. It allows people to use the materials, but generally for non-commercial purposes. For people like us who are in fandoms, it's like being told that we too, can share in the lives of these fictional characters without fear of being hauled up for copyright violations.
[identity profile] naanima.livejournal.com wrote:
Apr. 5th, 2008 02:30 pm (UTC)
The Bush/Blair clip made me giggle and I kept on wishing that the clip was going to include Bush/Howard. I'm very unfamiliar with Creative Commons license (I'll ratify this as soon as possible). Maybe it is just me but I still don't see why fanfiction and fanart would be illegal under copyright laws. Creators of fan generated content are not making money from their efforts (most of the times).

I do wish common sense would kick in soon.
[identity profile] -leareth.livejournal.com wrote:
Apr. 5th, 2008 02:39 pm (UTC)
You don't need to be making money from fan generated content to have infringed copyright; if you've infringed it, you've infringed it. Also some jurisdictions give weight to an artist's moral rights.
[identity profile] naanima.livejournal.com wrote:
Apr. 5th, 2008 02:51 pm (UTC)
Ah, morals. That tricky thing people can argue about until their faces go purple.

I find it absolutely fascinating how copyright laws are not being changed. Do they honestly expect that this will just go away on its own? That a few lawsuits will make people stop creating fanfiction, fanart, and music vids? It won't go away, it will just go underground.
[identity profile] -leareth.livejournal.com wrote:
Apr. 5th, 2008 02:59 pm (UTC)
The problem with legislation is that it changes slowly, and certainly nowhere near as fast as technology. And btw, the Copyright Act was amended in 2006 under the previous government, though it's been criticised as being more of a 'tick box' event (ie, "we amended it two years ago, we don't have to look at the Copyright Act for at least another government term or more").

And I don't think anyone expects fan-created material will go away; the powers that be probably just want to clarify the law applying to it.
[identity profile] naanima.livejournal.com wrote:
Apr. 5th, 2008 03:10 pm (UTC)
Copyright Act was amended in 2006

I think that scares me more. -_-; Tick box event indeed.

I think at the end of the day a clarification of the CA is probably what most people want. However, I think what you said about protecting the creators' morals will make the clarification amendments to the CA more difficult. It is such a complex issue.
[identity profile] -leareth.livejournal.com wrote:
Apr. 5th, 2008 03:25 pm (UTC)
a clarification of the CA is probably what most people want.

HA. Good luck with THAT, since if you want /real/ clarification you need to understand not only the CA, but the latest common law developments which interpret the CA, and let's not forget all the wonderful international treaties and conventions that are all pushed by the United States since like it or not they are the most powerful nation when it comes to IP and they can make other countries follow their policy or refuse to do business with them that also apply.

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