Dr. Till Kreutzer, iRights.Law Remix Culture and cultural innovation Dr. Till Kreutzer, iRights.Law

AGENDA 1 The Remix Culture: Social and cultural changes in the 21st century 2 The legal dilemma of the Remix Culture 3 Impact of remixing on cultural innovation and economics

The change of the creative reality The Remix Culture Methods and possibilities to create and to deploy creativity radically changed. Everybody able to create copyright protected works, to share and publish them. Technical means to create, produce and publish creative works in nearly every household. Most today’s creators non–professionals and legal laypersons Cultural practices arising from the disposability of digital technologies base more and more on pre–existent works Ubiquity: Creative content is available anywhere, anytime. Inspires to become creative, to deal with other people‘s creations, to mash, to remix, to re-arrange. Examples: Sampling, Remixing, Mashing, Appropriation Art, Video Art, Games Art (like Machinima).

We are the creator! From the user to the produser Many consumers (or: end-users) are users, authors and publishers as well. The dichotomy between users and creators dilutes. Presumption that users and creators have generally impinging interests that need to be balanced by copyright law is not true anymore (if ever). Basic principles of copyright law still base on this supposed antagonism.

AGENDA 1 The Remix Culture: Social and cultural changes in the 21st century 2 The legal dilemma of the Remix Culture 3 Impact of remixing on cultural innovation and economics

The (non-)development of European copyright law Basic principles of copyright still originate from the late 19th century or even prior times. Focus of copyright development: Piracy prevention. Internet and IT considered as danger to creativity.

Basic cultural principles of the remix culture are incompatible with basic principles of European copyright law! Basic legal paradigms: 1. The licensing requirement – any use (that is not exceptionally allowed by statute) must be licensed 2. The interdiction of modifications – Who modifies, remixes, mashes, appropriates needs a license

Legal reality: No European “Right to Remix” European and national copyright exceptions are not applicable for mashing, remixing, appropriating, sampling Quotation right or parody exception targeting different goals, scope very limited – Need for a general rule concerning the balance of the constitutional freedom of art and expression and the freedom to property (reflecting the interests of the rights holders)

Transformative users have to clear all rights for every snippet Legal reality: Transformative users have to clear all rights for every snippet Non-professionals and newcomers cannot deal with licensing obligations

Current copyright treats millions of European creators as infringers! Legal Reality: Current copyright treats millions of European creators as infringers!

Legal reality under US law: „Transformative uses“ are fair use US Copyright law is rather innovation friendly and utilitarian. European author’s right is more ideological

AGENDA 1 The Remix Culture: Social and cultural changes in the 21st century 2 The legal dilemma of the Remix Culture 3 Impact of remixing on cultural innovation and economics

Verdict: In many cases Copyright hampers creativity and cultural innovation rather than fostering it!

For no real reason!

Wikimedia Commons, http://en.wikipedia.org/wiki/File:GreyAlbum.gif An example Source Image: Wikimedia Commons, http://en.wikipedia.org/wiki/File:GreyAlbum.gif DJ Danger Mouse: The grey Album (2004) Danger Mouse combined each track of the Beatle‘s „White Album“ with a track of Jay-Z‘s „Black Album“ Result: The “Grey Album”.

Ramon & Pedro – „The grey Video“ Grey Video: “Promotion Video” for the single „Encore“ (2004) by movie directors team Ramon & Pedro Contains snippets from the Beatles' movie „A Hard Day's Night“ and footage from a Jay-Z performance. Millions of clicks on YouTube Curious to see John Lennon breakdancing? – here we go Source Youtube: http://www.youtube.com/watch?v=3zJqihkLcGc

Transformative creations do not hamper the original work’s exploitation

Transformative creations add to the cultural good

Transformative creations should be promoted instead of being restricted!

Thank you for your attention!