1. NEW UNIT! Ownership and Appropriation

2. 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

3. 2. Lessig: “At the beginning of our history, and for just about the whole of our tradition, ___________ was essentially unregulated.” a) the Internet b) Wall Street c) the NCAA d) noncommercial culture

4. 3. Lessig: “I believe that “__________” is wrong, and that the law, properly tuned, should punish “_________,” whether on or off the Internet.” a) piracy b) free speech c) free culture d) monogamy

5. 4. Waxy: And no area of copyright law is more confusing than __________, deliberately designed to be judged in court on a case-by-case basis without any "bright line" tests to guide the way.” a) punishment b) fair use c) piracy d) fraud

6. BONUS! What technological invention forced American lawmakers to revise the long-held idea that a property owner owned “not just the surface of his land, but all the land below, down to the center of the earth, and all the space above”? a) the airplane b) peanut butter c) Napster d) drones

7. Plan: 1.Overview: Background & Core Concepts 2.Group work: RapGenius

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

12. 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)

13. 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)

14. 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.”

15. Fair Use “Goldieblox & the 3 MC’s” What’s all the fuss about? http://www.slate.com/blogs/xx_factor/2013/11/19/goldieblox_commercial_rewrites _the_beastie_boys_urges_young_girls_to_pursue.html Recap: A work of parody must be non-commercial in order to qualify for “fair use” (ie. fair use and making money don’t mix) Adam Yauch’s will, stating that none of his work could be appropriated after his death, has no bearing on whether the Goldieblox ad is illegal or not Infringement and theft are the same thing TRUE False

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. GROUP WORK! Form in groups of no more than THREE. Go to: http://rapgenius.com/Lawrence-lessig-chapter-10-from-free-culture-lyrics This is a pasted copy of selections from Chapter 10 of Lessig’s book, “Property” Annotate your assigned section Section 1: Pages 116-119 Section 2: “Law: Duration” (pages 133-135) Section 3: “Law: Scope” (pages 136-139) Highlight any selection of text and add video, text caption, audio clip, etc to comment on, question, critique, connect. Examples: http://rapgenius.com/Madvillain-all-caps-lyrics http://poetry.rapgenius.com/F-scott-fitzgerald-the-great-gatsby-chapter-i-annotated