Insta-Appropriation: Finding Boundaries for the Second Circuit’s Fair Use Doctrine After Campbell

Copyright law’s current fair use landscape is riddled with unclear standards and old considerations forced upon new media. This is especially problematic in the context of digital appropriation of art from online social media platforms—an issue highlighted by Richard Prince’s exhibit “New Portraits,” in which he appropriated strangers’ Instagram photos for his own profit. Unless this situation is remedied, digital content creators will effectively lose their statutory copyright protections. Thus, when considering digital appropriation cases, courts should require a transformation of content rather than purpose, should elevate the weight of the fourth statutory factor, and should reinstate the “comment upon” standard for works of parody and satire. Other scholars have proposed changes to the fair use doctrine, but none adequately protect first-order digital content creators. As such, this Note proposes a reinterpretation of the fair use factors in light of digital appropriation and social media

Insta-Appropriation: Finding Boundaries for the Second Circuit’s Fair Use Doctrine After Campbell

Copyright law’s current fair use landscape is riddled with unclear standards and old considerations forced upon new media. This is especially problematic in the context of digital appropriation of art from online social media platforms—an issue highlighted by Richard Prince’s exhibit “New Portraits,” in which he appropriated strangers’ Instagram photos for his own profit. Unless this situation is remedied, digital content creators will effectively lose their statutory copyright protections. Thus, when considering digital appropriation cases, courts should require a transformation of content rather than purpose, should elevate the weight of the fourth statutory factor, and should reinstate the “comment upon” standard for works of parody and satire. Other scholars have proposed changes to the fair use doctrine, but none adequately protect first-order digital content creators. As such, this Note proposes a reinterpretation of the fair use factors in light of digital appropriation and social media

Playing outside the box:transformative works and computer games as participatory culture

The main purpose of this study is to examine the creative fan community as a paradigm of participatory culture, from a computer games perspective. A review of relevant literature is used to examine transformative works and the related subculture in its many diverse forms. The produced discussion seeks to respond to a number of questions, such as: What exactly constitutes transformative work, what is the legal status of such work, and how can it be improved? To what extent do transformative works constitute a part of the play experience and enjoyment of games? Does participation in associated creative activities influence, shape or redefine the aforementioned experience? Can transformative works be appreciated as valuable artistic pieces on their own merits, outside the communities in which they are produced? Does the existence of the transformative work benefit the wider gaming culture from an artistic, financial or other point of view

Colin Mochrie vs. Jesus H. Christ: Messages About Masculinities and Fame in Online Video Conversations

With the availability of relatively easy-to-use tools for online video creation and distribution, people are increasingly producing videos not just for artistic expression, but also as a form of communication. This article examines two types of online video conversations, one within a specific online subculture, and one a series of responses to one particularly wellknown video. Videos lend themselves to the expression of ambiguity, contradictory meanings, taboo topics, and emotions. Within these two video conversations, topics include discussions of masculinity, identity, and fame.published or submitted for publicationis peer reviewe

Payment in Credit: Copyright Law and Subcultural Creativity

Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but know less about the choices people make about copyright on a daily basis, especially when they are not working. Here, Tushnet examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others\u27 works to creation of new stories, art, and audiovisual works: the media-fan community. Among other things, she discusses some differences between fair use and fan practices, focused around attribution as an alternative to veto rights over uses of copyrighted works

IVOA Recommendation: Resource Metadata for the Virtual Observatory Version 1.12

An essential capability of the Virtual Observatory is a means for describing what data and computational facilities are available where, and once identified, how to use them. The data themselves have associated metadata (e.g., FITS keywords), and similarly we require metadata about data collections and data services so that VO users can easily find information of interest. Furthermore, such metadata are needed in order to manage distributed queries efficiently; if a user is interested in finding x-ray images there is no point in querying the HST archive, for example. In this document we suggest an architecture for resource and service metadata and describe the relationship of this architecture to emerging Web Services standards. We also define an initial set of metadata concepts

IVOA Recommendation: VOResource: an XML Encoding Schema for Resource Metadata Version 1.03

This document describes an XML encoding standard for IVOA Resource Metadata, referred to as VOResource. This schema is primarily intended to support interoperable registries used for discovering resources; however, any application that needs to describe resources may use this schema. In this document, we define the types and elements that make up the schema as representations of metadata terms defined in the IVOA standard, Resource Metadata for the Virtual Observatory [Hanicsh et al. 2004]. We also describe the general model for the schema and explain how it may be extended to add new metadata terms and describe more specific types of resources

Amateur content production, networked innovation and innovation policy

The central common feature of a number of recent technological developments (collectively referred to as Web 2.0) is collaborative production of content on an amateur basis, that is, for motives other than commercial reward. Amateur production of content generates significant external benefits that are shared by society in general. Indeed the amateur production of various types of content is probably more socially beneficial since it is typically given away free The individual and social benefits of such activity therefore justify public policy responses to the opportunity now before us.

Copyright Contracts and Earnings of Visual Creators: A Survey of 5,800 British Designers, Fine Artists, Illustrators and Photographers

There is a common perception that digitisation has prompted changes in creative labour markets. In particular, it is widely assumed that exploiters insist on "grabbing rights" (i.e. broadly conceived assignments of rights), that visual artists are not able to negotiate, that they are paid less and less, and that they are compelled to waive their moral rights. This study suggests a much more equivocal picture. In place of a straightforward narrative of decline, the results of the survey suggest that in most fields there has been less change over the last decade than one might have expected: that, terms of exploitation are most often about the same. That is not to say that there are no discernible changes in particular occupations and media. Respondents and interviewees identify some important shifts. Perhaps surprisingly, it seems there are changes in practice that are, from the creator's perspective, both positive and negative. The most positive change is identified amongst the fine artists where half (50%) see their personal bargaining position as having improved, with only 6% perceiving a weakening. The most disturbing changes are in relation to photographers. About half of all photographers (49%) say their bargaining position has worsened, with only 22% reporting improvements. A significant percentage of photographers (40%) report an increase in assignments (compared with 6% who think they have decreased). Moreover, 24% report an increase in moral rights waivers (compared to 3% who identify a decrease), and a decline in the practice of attribution. 31% of photographers see attribution as decreasing over the last decade, and only 8% increasing. 28% say income from secondary use has decreased, while only 16% say it has decreased