Copyright, Copying, Sampling, Mashups, Culture and the Public Domain

This discussion will explore the positive and negative effects of copyright. We will explore how copying, sampling, remixes, mashups, and related borrowings contribute to our cultural heritage. We will examine the ways in which copyright and the public domain (are they really opposites?) mediate the development of our culture by establishing monopoly rights on the one hand (copyright) and providing on the other hand the raw material for creativity (the public domain). In particular, we will look at mashups, remixes, and sampling in music and explore their effects on cultural creativity. We will explore the chilling effects that the recent Grand Upright and Bridgeport decisions have had on sampling in music and on interpreting copyright law in the digital age.

My primary resource for this discussion is James Boyle's insightful exploration of our patent, copyright, and trademark system in his book The Public Domain: Enclosing the Commons of the Mind (2008). I recommend reading the preface and chapters 1 & 2 for background information which explain the basics of intellectual property and copyright law. We will discuss chapter 6 "I Got A Mashup" in depth. We may also discuss some material from chapters 3, 4, and 7.

Download a free copy of Boyle's book "The Public Domain: Enclosing the Commons of the Mind" (2008). (http://www.thepublicdomain.org/download/) The book can also be purchased from your favorite bookseller.

http://www.thepublicdomain.org/wp-content/uploads/2008/11/publicdomaincover1.jpg

Here are some recommended video resources:

• A great source of information for this topic is this hour and half video "Copyright, Fair Use, and the Cultural Commons" (http://video.mit.edu/watch/copyright-fair-use-and-the-cultural-commons-9244).

• 2 minute video: "All Creative Work Is Derivative":

http://www.youtube.com/watch?v=jcvd5JZkUXY

• 10 minute video: Kirby Ferguson TED Talk "Embrace The Remix" (http://blog.ted.com/2012/08/10/are-all-new-things-a-mash-up-of-what-came-before-a-qa-with-kirby-ferguson/):

https://www.youtube.com/watch?v=zd-dqUuvLk4

This discussion will focus on copyright. It is the second in a series on James Boyle's book "The Public Domain". The first focused on intellectual property in general with some extra attention on patents (https://www.meetup.com/thinkingsociety/events/190206032/). Finally, in November there will be a discussion on the Opening the Commons of the Mind (https://www.meetup.com/thinkingsociety/events/203019712/) (including a discussion of the "Creative Commons", an initiative that James Boyle contributes to, which uses our property rights legal system to help free the commons of the mind).