1. NEW UNIT! Ownership and Appropriation

2. Plan: 1.Quiz 2.Housekeeping 3.Overview: Background & Core Concepts 4.Group work!!

3. Quiz! 1. Lessig describes the early development of ___________ to illustrate the ways corporations can use the law to stop innovation. 1) French cooking 2) FM radio 3) the printing press 4) desktop computing

4. Quiz! 2. What is the term Lessig uses to refer to “the ordinary ways in which ordinary individuals shared and transformed their culture—telling stories, reenacting scenes from plays or TV, participating in fan clubs, sharing music, making tapes”? a) boring culture b) commercial culture c) leisure culture d) non-commercial culture

5. Quiz! 3. “The Industrial Revolution resulted in the privatization of culture and the emergence of a concept of ______________ that assumes that cultural value originates from the original contributions of individual authors.” (Jenkins, p. 556) 1) free lunch 2) intellectual property 3) see no evil, hear no evil 4) art for art’s sake

6. Quiz! 4. Jenkins discusses participatory culture from the standpoint of fan-made movies based on which media franchise? 1) Jersey Shore 2) South Park 3) Star Wars 4) Harry Potter

7. Housekeeping 1.Power Maps – Good use of multimedia – Not a ton of digging around on “Public” / news issues 2.Guest lecture on Thursday: Chris Kampe on Piracy – still a quiz – extra reading (two in total, both short), both online

8. Central questions: Who “owns” our culture? Can it / should it be owned? What is piracy? Who decides what gets called piracy? How do the concepts of “intellectual property” and “piracy” work across different kinds of media?

10. $   $ $ $ $

11. Political economy: Focus on the systems and institutions (particularly mass media) that constrain and limit our freedom, creativity and participation in democracy Allows us to understand (CORPORATE) MEDIA CONVERGENCE Cultural studies: Focus on the potential for us to transform, re-appropriate and subvert mainstream media Allows us to understand PARTICIPATORY CULTURE “The old either/or oppositions (co-optation vs. resistance) which have long dominated debates between political economy and cultural studies approaches to media simply do not do justice to the multiple, dynamic, and often contradictory relationships between media convergence and participatory culture” (Jenkins, p. 559). Ownership & Appropriation: A theoretical MASHUP

12. Core concepts Intellectual property Public domain Fair Use DMCA/SOPA/PIPA

13. Intellectual Property “…in our tradition, intellectual property is an instrument. It sets the groundwork for a richly creative society but remains subservient to the value of creativity. The current debate has this turned around. We have become so concerned with protecting the instrument that we are losing sight of the value” (Lessig, 19). Originally formulated (19 th century Europe) to encourage creativity and innovation Grants the “owner” of an INTANGIBLE work (symbols, designs, art, inventions) exclusive rights over that product Copyright, patents & trademarks are all ways of enforcing intellectual property Ideas & expressions can be ‘owned’ in the same ways as physical, tangible things Copyright (most common form of IP for commercial media) has an expiry date of 70 years after the death of the author (for an individual) or +125 years (for a corporation)

14. Public Domain Refers to the realm of ideas, art works, expressions, patents that are not “owned” by any one person or corporation & are not subject to patent, copyright, trademarked King James Bible; Shakespeare; Mona Lisa; INTERNET & WWW protocols Corporations (partic. Disney) have fought to extend the duration of copyright, i.e. the length of time before a product can enter the public domain (“Mickey Mouse Act” in 1998)

15. Fair Use Conditions under which it’s OK to use someone else’s IP without explicit approval: Commentary Search engines Teaching Scholarship Criticism Parody/satire News reporting Courts determine whether “fair use” is applicable via the following (17 U.S.C. § 107): 1.“the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.the effect of the use upon the potential market for or value of the copyrighted work.”

16. DMCA/SOPA/PIPA Digital Millennium Copyright Act (1998): Makes circumvention of Digital Rights Management a CRIMINAL offense Increases penalties for Internet-based copyright violation Stop Online Piracy Act (proposed): Would make it possible to block public access to websites or whole domains that host copyright-breaking content Unauthorized online streaming of content could result in 5 years in prison (as much as vehicular homicide penalties in some states) Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act - aka PROTECT IP Act (proposed): Aimed at stopping “rogue websites” from distributing copyright-infringing content Companies would be responsible for individuals’ copyright infringements: would compel search engines and social media sites to block content to copyright- infringing materials “"The intention is not the same as China’s Great Firewall, a nationwide system of Web censorship, but the practical effect could be similar” (MacKinnon, 2011)

17. Literature: James Potter and the Hall of Elders' Crossing (2007) Music: The Grey Album (2004) Academia: Aaron Swarz (2012) Games: EA vs Zynga, 2012 (‘Sims Social’ vs ‘The Ville’) Movies: Escape from Tomorrow Clothing: Urban Outfitters vs the Navajo Nation (2012) Group work (in grps of 5) Pick one

18. Facts: Who took legal action against who? (aka who was “in violation” and who was “violated”?) What was the contentious product or act? How did it get resolved & in whose favor? Interpretation/argument: Was the product or act in the interest of the “public good?” Why or why not?