Community Radio and the Intellectual Commons

What we'd like to achieve today take a quick look at the present copyright situation in U.S. review what the Public Domain is review what is in the Public Domain today in light of current laws take a quick look at the present copyright situation in U.S. review what the Public Domain is review what is in the Public Domain today in light of current laws

look at current threats to the Public Domain explore the idea of the Intellectual Commons explore how those who may wish to do so can place their own work in the commons under conditions of their choice look at current threats to the Public Domain explore the idea of the Intellectual Commons explore how those who may wish to do so can place their own work in the commons under conditions of their choice What we'd like to achieve today

Why concern ourselves? spirit - not dissimilar to community radio –airwaves and commons belong to all but have been enclosed, e.g., spectrum auctions practice –as users access material to build new work upon –as creators contribute material others can build on get a wider audience for your work spirit - not dissimilar to community radio –airwaves and commons belong to all but have been enclosed, e.g., spectrum auctions practice –as users access material to build new work upon –as creators contribute material others can build on get a wider audience for your work

Copyright highlights owner's rights: copyright is about making copies - in digital environment, everything is a copy –right to make copies –right to distribute –right to public performance –right to create derivative works owner's rights: copyright is about making copies - in digital environment, everything is a copy –right to make copies –right to distribute –right to public performance –right to create derivative works

user's rights –fair use codified in law fair use does not guarantee access –first sale owner cannot control a legally acquired copy subsequent to sale however, licenses, if agreed to, can limit subsequent use, e.g., “click through” user's rights –fair use codified in law fair use does not guarantee access –first sale owner cannot control a legally acquired copy subsequent to sale however, licenses, if agreed to, can limit subsequent use, e.g., “click through” Copyright highlights

What is the Public Domain? put simply, no restrictions on the use of material in the Public Domain

What is in the public domain? any material created by the federal government –but note that federal agencies can hold trademarks, e.g., census bureau “TIGER” material which was never copyrighted (anything after 1976 has probably been copyrighted even if not registered) material for which the copyright has expired (prior to 1923 generally) any material created by the federal government –but note that federal agencies can hold trademarks, e.g., census bureau “TIGER” material which was never copyrighted (anything after 1976 has probably been copyrighted even if not registered) material for which the copyright has expired (prior to 1923 generally)

material which is not subject to copyright, e.g., facts, titles material affirmatively placed in the public domain, e.g., Roger McGuinn performances of traditional songs material which is not subject to copyright, e.g., facts, titles material affirmatively placed in the public domain, e.g., Roger McGuinn performances of traditional songs What is in the public domain?

What is the Intellectual Commons? analog to physical commons –English legal tradition use, ownership and control shared by those who use and maintain many New England towns still have a town commons in the center of town analog to physical commons –English legal tradition use, ownership and control shared by those who use and maintain many New England towns still have a town commons in the center of town

Intellectual Commons includes –everything in the Public Domain –anything for which prior permission to use does not have to be obtained, providing any conditions of use are respected material is still copyrighted permission for some uses granted for other uses, permission still needed for some uses, other conditions attach, e.g., open source software Intellectual Commons includes –everything in the Public Domain –anything for which prior permission to use does not have to be obtained, providing any conditions of use are respected material is still copyrighted permission for some uses granted for other uses, permission still needed for some uses, other conditions attach, e.g., open source software What is the Intellectual Commons?

some common licensing conditions: –provide attribution –restrict commercial uses –share alike some common licensing conditions: –provide attribution –restrict commercial uses –share alike What is the Intellectual Commons?

Public Domain & commons sources print (for reading or performance) data - facts, etc. images recorded materials software portals print (for reading or performance) data - facts, etc. images recorded materials software portals

Adding to the commons Software –GPL, etc. creative works –Creative Commons - over 3 million works licensed in first 14 months –process –results human readable license lawyer readable license machine readable license Software –GPL, etc. creative works –Creative Commons - over 3 million works licensed in first 14 months –process –results human readable license lawyer readable license machine readable license