WEBVTT - What's the difference between creative commons and copyright? 0:00:00.320 --> 0:00:02.960 Brought to you by the reinvented two thousand twelve Cammeray, 0:00:03.200 --> 0:00:09.000 It's ready. Are you get in touch with technologies? With 0:00:09.039 --> 0:00:17.680 tech Stuff from how stuff looks dot com. Hello everybody, 0:00:17.720 --> 0:00:19.959 and welcome to tech Stuff. My name is Chris Poulette, 0:00:19.960 --> 0:00:22.280 and I'm an editor here at how stuff works dot com. 0:00:22.320 --> 0:00:24.919 Sitting across from me again as usual, is senior writer 0:00:25.000 --> 0:00:27.480 Jonathan Strickland. Hi, and I just like to thank all 0:00:27.480 --> 0:00:31.680 the people who downloaded and or streamed this podcast. Excellent. 0:00:32.280 --> 0:00:34.320 That's very nice of you. Yes, I'd also like to 0:00:34.360 --> 0:00:40.320 thank our guest producer, Matt Frederick, amazing musician, member of 0:00:40.400 --> 0:00:43.560 Lines and Scissors. Matt, and I know you would do 0:00:43.760 --> 0:00:46.840 nothing to ever interrupt us in our podcast, isn't that true? 0:00:47.560 --> 0:00:51.480 Matt's nodding yes. And you finished the Beatles rock band 0:00:51.520 --> 0:00:53.639 in one day. He did finish the Beatles rock band 0:00:53.640 --> 0:00:55.959 in one day. He played the drums on expert all 0:00:55.960 --> 0:01:00.280 the way through. Excellent. Yeah, alright, so uh at atually, 0:01:00.280 --> 0:01:04.160 you know, the Beatles were We're recently rumored to be 0:01:04.240 --> 0:01:08.560 coming to iTunes store and and they didn't. And actually 0:01:08.560 --> 0:01:10.680 they've they've they've been people have been waiting for this 0:01:10.720 --> 0:01:13.920 to happen, and there's a reason why they haven't come 0:01:14.120 --> 0:01:16.399 out yet with the digital versions of their songs. What 0:01:16.440 --> 0:01:20.200 would that be, That would be copyright copyright, Now here's 0:01:20.240 --> 0:01:23.080 a sticky situation. Now. Of course, copyright does not just 0:01:23.200 --> 0:01:26.560 fallen under the realm of tech stuff. Technically, many of 0:01:26.560 --> 0:01:30.440 our our sister podcasts could cover this topic. But copyright 0:01:30.520 --> 0:01:33.240 does hold a special place within the field of technology 0:01:33.280 --> 0:01:36.119 because things like the Internet have made it very easy 0:01:36.240 --> 0:01:40.200 to distribute information on a scale much larger than what 0:01:40.440 --> 0:01:44.280 could be achieved on one zone previously. Correct. Oh yes, 0:01:44.400 --> 0:01:46.479 I mean the idea of copyright goes back a very 0:01:46.600 --> 0:01:50.960 very long time. And uh it was only recently really 0:01:50.960 --> 0:01:54.080 in the twentie and or you know, twenty first centuries 0:01:54.120 --> 0:01:58.040 that copyright has been extended to amazing links. I mean, 0:01:58.280 --> 0:02:01.080 in the United States, the current length of copyright is 0:02:01.160 --> 0:02:03.960 the death of the author plus seventy years, right, and 0:02:04.000 --> 0:02:09.120 if it's an anonymous work or pseudo anonymous work, work 0:02:09.160 --> 0:02:13.239 for higher these works go ninety five years from the 0:02:13.320 --> 0:02:16.200 year of its publication, so you know, when you can't 0:02:16.200 --> 0:02:19.600 necessarily identify the author years from when it was published. 0:02:19.840 --> 0:02:23.160 That's a long time. And there are various organizations that 0:02:23.200 --> 0:02:27.480 are responsible really for pushing copyright to these extremes. Yeah, 0:02:27.480 --> 0:02:30.880 and really it's it's not In most cases, it's not 0:02:30.919 --> 0:02:34.440 the author and it's not like the government is concerned 0:02:34.480 --> 0:02:39.440 about it. It's more like the publisher. Yeah, or giant corporations. Well, yeah, 0:02:39.560 --> 0:02:43.040 I can think of one in particular. Yes, I know you. Actually, 0:02:43.080 --> 0:02:46.240 the the corporation I think you're thinking of is generally 0:02:46.280 --> 0:02:49.359 given credit for I just won't say it's a Mickey 0:02:49.400 --> 0:02:53.800 mouse operation. Yeah. Okay, So but copyright it does, it 0:02:53.880 --> 0:02:57.560 does h cover, It protects works for a very long time. 0:02:57.560 --> 0:03:00.840 And what does it protect it from, you might ask, Well, 0:03:01.120 --> 0:03:03.679 I mean people want to uh, they come up with 0:03:03.720 --> 0:03:06.080 these neat ideas, and they're able to sell lots and 0:03:06.120 --> 0:03:08.359 lots of copies of these ideas to other people who 0:03:08.360 --> 0:03:10.760 want to read about them or watch them or listen 0:03:10.800 --> 0:03:14.880 to them. Um. And and that's understandable. But it's those 0:03:14.880 --> 0:03:17.840 people who um want to share those with other people 0:03:18.120 --> 0:03:23.200 and maybe not you know, paid. Right. So well, let's 0:03:23.240 --> 0:03:25.760 let's use a specific example because this is getting kind 0:03:25.760 --> 0:03:30.120 of vague. So let's say that you've published a book 0:03:30.240 --> 0:03:33.200 and you've called the book, uh, the heaving bosom So 0:03:33.280 --> 0:03:36.040 you've got The Heaving Bosom. It's your it's your Bodice 0:03:36.120 --> 0:03:39.520 ripper romance novel, and you're really excited about it. Okay, Um, 0:03:39.520 --> 0:03:41.680 so you've you've gone and you've published it. And then 0:03:41.920 --> 0:03:49.360 someone comes out with a book called The Heaving Boobs. 0:03:48.560 --> 0:03:51.480 What you're coming up with? This? How AT's saying? How 0:03:51.480 --> 0:03:54.280 about keeping abreast of the situation? So they come up 0:03:54.280 --> 0:03:57.160 with a book called Keeping Abreast of the Situation? And 0:03:58.080 --> 0:04:01.160 Chris has actually left the room. Do you want to 0:04:01.200 --> 0:04:04.400 go back? And we're gonna keep going, all right? Cool? 0:04:04.440 --> 0:04:06.880 Keeping a breast of the situation. And it turns out 0:04:06.920 --> 0:04:09.080 that the book is word for word the same as 0:04:09.080 --> 0:04:12.000 The Heaving Bosom. Now this would be a problem obviously, 0:04:12.040 --> 0:04:14.640 because you, as the author of The Heaving Bosom, you 0:04:14.680 --> 0:04:19.000 are do the the rewards that come as a result 0:04:19.080 --> 0:04:22.359 of selling this work. Yes, And what's really irritating is 0:04:22.400 --> 0:04:24.719 that book is two dollars cheaper than my book and 0:04:24.839 --> 0:04:27.080 is out selling it now that it's cheaper because someone 0:04:27.120 --> 0:04:31.680 else can get the same content for less, right, So uh, now, 0:04:31.680 --> 0:04:34.920 what copyright does it gives the person who published the 0:04:34.920 --> 0:04:37.279 book originally? In this case, you who have published The 0:04:37.279 --> 0:04:42.720 Heaving Bosom a legal recourse too to pursue a claim 0:04:42.800 --> 0:04:46.440 against someone who has violated that copyright. And so you 0:04:46.440 --> 0:04:49.560 can protect your intellectual property so that it remains yours 0:04:50.200 --> 0:04:52.640 and uh, and that way it prevents other people from 0:04:52.760 --> 0:04:55.679 capitalizing on your work, and then you know you wouldn't 0:04:55.680 --> 0:04:58.440 see anything from that, right, I mean, that's that's the 0:04:58.480 --> 0:05:01.080 whole basis of copyright. It's not a bad thing on 0:05:01.160 --> 0:05:04.200 its own. In fact, it's very important. Anyone who's a 0:05:04.200 --> 0:05:07.479 creator wants to be able to protect his or her 0:05:07.520 --> 0:05:12.560 own work, at least to some extent. Now, copyright that 0:05:12.560 --> 0:05:15.400 that takes effect as soon as you create something, Yes, 0:05:15.440 --> 0:05:18.279 as soon as it is fixed a fixed work. You 0:05:18.320 --> 0:05:20.600 do not have to send a form into the federal government, 0:05:20.600 --> 0:05:24.800 although you can. That's that's registering your copyright. Yeah, you know, 0:05:24.880 --> 0:05:27.600 you don't have to register a copyright to hold a copyright, 0:05:27.680 --> 0:05:29.479 right if you if you write a blog post and 0:05:29.560 --> 0:05:33.600 hit the published button, that's copyright you. Yeah, the same 0:05:33.640 --> 0:05:36.960 thing for any kind of written work, musical work, any 0:05:37.120 --> 0:05:42.240 any sort of recorded work, even an image, you can copyright. So, uh, 0:05:42.320 --> 0:05:46.920 anything that you produce creatively, assuming that that's created through 0:05:47.040 --> 0:05:50.160 your own work. It's not something that's derived from something else, 0:05:50.279 --> 0:05:53.400 you hold the copyright to it. Yes, Now, not everyone 0:05:53.720 --> 0:05:56.920 agrees with these rules. I mean some people are a 0:05:56.960 --> 0:05:59.440 little bit more lenient. Some people say, hey, you know, 0:06:00.040 --> 0:06:02.040 I created this song and I want to share it 0:06:02.080 --> 0:06:03.800 with all my friends on the internet and wanted you 0:06:03.880 --> 0:06:06.119 to remix it and cut it up and do whatever 0:06:06.160 --> 0:06:07.680 you want to with it. And I want to hear 0:06:07.720 --> 0:06:09.720 what you what you do with it, and so what 0:06:09.760 --> 0:06:11.159 do you do in that case? I mean, that's not 0:06:11.279 --> 0:06:14.200 covered in the in the you know US code, right, 0:06:14.279 --> 0:06:18.560 copyright law doesn't doesn't cover for this. It's it's very inflexible. 0:06:18.600 --> 0:06:21.560 I mean, things are under copyright and you're either violating 0:06:21.560 --> 0:06:25.160 it or you're not. And it's getting more inflexible, right, Yeah, 0:06:25.440 --> 0:06:27.880 even things like fair use. People bring up the concept 0:06:27.920 --> 0:06:32.080 of fair use. Fair use is incredibly difficult to prove. Yeah, 0:06:32.160 --> 0:06:36.599 fair use is um fair use is a very contingent 0:06:36.800 --> 0:06:40.560 situation for it's it's so hard to define. Yeah, I 0:06:40.560 --> 0:06:44.040 mean the thing is with fair use, you are allowed 0:06:44.120 --> 0:06:48.320 to use some of something and something else. Like for example, 0:06:48.440 --> 0:06:50.840 say you're writing a book, a nonfiction book, and you 0:06:50.839 --> 0:06:54.040 would like to put a a quote from someone else's 0:06:54.040 --> 0:06:56.520 book in there. Well, you're allowed to do that, but 0:06:56.680 --> 0:06:59.719 the thing is it has to be of a certain 0:06:59.800 --> 0:07:02.719 layng and it has to be what they call transformative, 0:07:02.760 --> 0:07:05.240 which means, you know, if you want to put half 0:07:05.240 --> 0:07:07.600 a paragraph of somebody's book in to illustrate your point 0:07:07.640 --> 0:07:10.840 and illustrated as Hey, this is something that Mr Smith 0:07:10.880 --> 0:07:13.120 wrote about and I think it's an incredibly important thing, 0:07:13.120 --> 0:07:15.000 and you said it off as a quote. You're probably 0:07:15.040 --> 0:07:17.000 not going to get sued for that. Now, if you, 0:07:17.000 --> 0:07:19.800 you know, lift the entire paragraph and don't change a word, 0:07:20.800 --> 0:07:24.400 then that's not you're not really transforming in anyway. You're 0:07:24.400 --> 0:07:27.480 you know, and that's that's actually what the transformative part 0:07:27.520 --> 0:07:29.400 is what gives the right to people like weird Al 0:07:29.440 --> 0:07:32.720 who want to do a parody. He often takes pretty 0:07:32.800 --> 0:07:35.520 much the same song, maybe changes it into a different key, 0:07:35.560 --> 0:07:37.920 and then adds new words to it. Well, he's transformed 0:07:37.920 --> 0:07:41.200 it into a new song by doing that, So technically 0:07:41.240 --> 0:07:43.760 he would not have to ask permission, although we should 0:07:43.800 --> 0:07:45.840 point out that he does. Yes, he always does. He 0:07:45.920 --> 0:07:49.320 does ask permission though technically under the rules of fair 0:07:49.440 --> 0:07:51.680 use he doesn't have to, but he he takes that 0:07:51.840 --> 0:07:55.080 extra step, So good on you. Weird. Al Yeah. Now, 0:07:55.400 --> 0:07:59.280 specifically Section one oh seven of the Copyright Code, uh 0:07:59.600 --> 0:08:02.240 it stay that it sets out four factors to be 0:08:02.280 --> 0:08:05.920 considered and determining determining whether or not a particular use 0:08:06.120 --> 0:08:09.200 is fair. And here are the four things. The purpose 0:08:09.240 --> 0:08:11.760 and character of the use, including whether such uses of 0:08:11.840 --> 0:08:16.120 commercial nature or is for nonprofit educational purposes. Nonprofit is 0:08:16.160 --> 0:08:19.040 generally considered better if you're trying to argue fair use. 0:08:19.840 --> 0:08:24.200 The nature of the copyrighted work, the amount and substantiality 0:08:24.320 --> 0:08:26.800 of the portion used in relation to the copyrighted work 0:08:26.840 --> 0:08:29.240 as a whole, So how much you create on your 0:08:29.240 --> 0:08:31.800 own and how much you actually cite from other works, 0:08:33.040 --> 0:08:35.559 and the effect of the use upon the potential market 0:08:35.640 --> 0:08:39.000 for or value of the copyrighted work. In other words, yeah, 0:08:39.040 --> 0:08:41.080 In other words, if if if you include this in 0:08:41.160 --> 0:08:43.760 your work and somehow that impacts the sales of the 0:08:43.800 --> 0:08:47.960 original work, that's a bad thing. That's say, are Unless 0:08:47.960 --> 0:08:50.000 it impacts it in a positive way, like it makes 0:08:50.000 --> 0:08:52.840 people go out and buy some other book, that's okay. 0:08:52.840 --> 0:08:54.760 But if you if people say, hey, I don't need 0:08:54.800 --> 0:08:57.520 to buy the original book because I can get enough 0:08:57.559 --> 0:09:01.040 of it out of this system here, that's bad. And 0:09:01.280 --> 0:09:04.600 um uh. And again, you know Paulett was talking earlier 0:09:04.679 --> 0:09:07.280 about you know, you don't if you get to a 0:09:07.320 --> 0:09:11.040 certain length a certain amount of material that might violate 0:09:11.080 --> 0:09:15.240 fair use. Here's another problem. That length is not defined. Nope, 0:09:15.320 --> 0:09:18.199 there is no definition to how many words you can 0:09:18.320 --> 0:09:21.040 use or how much, how even a percentage of the 0:09:21.040 --> 0:09:23.559 content that you can use before you violate fair use. 0:09:23.640 --> 0:09:26.400 It's a case by case basis. Yep. And that's a 0:09:27.080 --> 0:09:30.840 that's a problem because it's going to be up to 0:09:31.040 --> 0:09:34.000 a judge to decide this. I mean, you know, if 0:09:34.040 --> 0:09:36.880 you if you write a two hundred and sixty three 0:09:36.880 --> 0:09:39.439 page book and you use a paragraph out of somebody's work, 0:09:39.880 --> 0:09:42.360 that's really not that substantial all things considered. Of course, 0:09:42.400 --> 0:09:44.600 your lawyer is going to have to prove that. However, 0:09:44.640 --> 0:09:47.880 if you write a half page long poem and two 0:09:47.880 --> 0:09:51.560 thirds of it is somebody else's that's really an awful 0:09:51.640 --> 0:09:55.160 lot of it. Yeah. So let's but let's say that 0:09:55.200 --> 0:09:58.200 you have created a work and you want to be 0:09:58.320 --> 0:10:02.280 able to distribute this as widely as possible. And you know, 0:10:02.360 --> 0:10:06.400 before the Internet, you really only had two options. You 0:10:06.440 --> 0:10:10.400 had an option of going with some sort of publication corporation. 0:10:10.960 --> 0:10:14.720 So either you know, a like a corporate publisher right exactly, 0:10:14.720 --> 0:10:17.959 like they're publishing novels or or it's a music publisher whatever, 0:10:18.320 --> 0:10:21.080 whatever a kind of art you're creating, you would have 0:10:21.120 --> 0:10:24.320 to go to to a major publisher to get widespread distribution. Yeah, 0:10:24.320 --> 0:10:26.080 like you're you've got an agent and they sign you 0:10:26.120 --> 0:10:29.480 to a deal. Not a self publisher right now. That's 0:10:29.520 --> 0:10:31.840 your other choice, as you go to a self publisher 0:10:32.200 --> 0:10:35.640 also known as vanity press from people who are writing uh. 0:10:35.720 --> 0:10:39.400 And in this case, you would pay the publisher directly 0:10:39.480 --> 0:10:41.120 to publish these books, and then you would try and 0:10:41.160 --> 0:10:43.199 sell them. The problem with that, of course, is that 0:10:43.480 --> 0:10:46.480 your distribution is usually pretty limited with vanity publishing. First 0:10:46.520 --> 0:10:48.280 of all, it's limited by your budget, because you're the 0:10:48.280 --> 0:10:51.319 one paying to have all these books or CDs pressed 0:10:51.400 --> 0:10:53.959 or whatever. Uh. And then of course it's limited by 0:10:54.000 --> 0:10:56.600 however widespread you can you can get the word out 0:10:56.720 --> 0:10:59.200 for people to actually purchase this stuff. It's limited by 0:10:59.240 --> 0:11:01.160 how far how much gas you have in your tank, 0:11:01.200 --> 0:11:03.600 and how many bookstores there are in your neighborhood. Now, 0:11:03.600 --> 0:11:06.960 I'm sitting here with one musician across the table from me, 0:11:07.000 --> 0:11:09.400 and another one staring holes in the back of my head. 0:11:09.880 --> 0:11:11.920 And uh and both of them, I as, I'm sure, 0:11:12.760 --> 0:11:17.360 are very familiar with the concept of self publishing. So 0:11:18.040 --> 0:11:23.280 the Internet gives people a new opportunity to distribute their 0:11:23.320 --> 0:11:26.000 work in a much more wider scale than they ever 0:11:26.080 --> 0:11:30.240 could on their own without it. So you can upload songs, 0:11:30.280 --> 0:11:32.720 you can upload an entire novel if you wanted to, 0:11:33.600 --> 0:11:36.600 and you can distribute it any way you like. Now, 0:11:37.679 --> 0:11:42.360 some people they want to foster a creative spirit on 0:11:42.400 --> 0:11:46.280 the Internet. They want their work not just seen by 0:11:46.280 --> 0:11:48.240 people who enjoy it, but they want people to take 0:11:48.320 --> 0:11:51.800 their work and transform it. Perhaps. Uh, you know, a 0:11:51.880 --> 0:11:55.160 musician may want we want to encourage people to remix 0:11:55.240 --> 0:11:58.640 his or her songs. Um and And the problem with 0:11:58.760 --> 0:12:02.080 copyright is there's no all recourse for you to do this. 0:12:02.240 --> 0:12:06.199 What you have to do is create a license agreement. Now, 0:12:06.280 --> 0:12:09.200 license agreements if you you know, there's if you're just 0:12:09.240 --> 0:12:11.439 going for a specific one, you pretty much have to 0:12:11.520 --> 0:12:14.559 hire a lawyer and work with the lawyer to hash 0:12:14.559 --> 0:12:18.280 out a license agreement that's that fits both your your 0:12:18.440 --> 0:12:21.360 needs and the person who wants to license the work. 0:12:21.960 --> 0:12:23.840 You know, what would be really cool, what's that would 0:12:23.840 --> 0:12:25.920 be really cool if there were like a template and 0:12:25.960 --> 0:12:28.440 you could you know that somebody had created you know, 0:12:28.840 --> 0:12:32.280 somebody like a legal expert, and they could say, well, 0:12:32.320 --> 0:12:34.400 you know what, if you want to license it this way, 0:12:34.640 --> 0:12:36.600 go with option A. If you want to license it 0:12:36.679 --> 0:12:40.440 another way, go with option B. And options C, D, E, 0:12:40.559 --> 0:12:43.040 n F are also available if you want to make 0:12:43.400 --> 0:12:45.960 parts of it available for people to use, or if 0:12:46.000 --> 0:12:49.120 you want to restrict it completely. In fact, that is 0:12:49.160 --> 0:12:52.080 such a good idea that other people have had it. No, yes, 0:12:52.160 --> 0:12:55.800 that's the birth of the creative commons. So creative commons 0:12:55.840 --> 0:12:58.440 is a way of licensing work so that you can 0:12:58.720 --> 0:13:01.920 tell people what what you do and do not want 0:13:02.160 --> 0:13:05.559 folks to do with the stuff you've created. And um, 0:13:05.600 --> 0:13:08.800 it's not the same as copyright. It's it's really it's 0:13:08.800 --> 0:13:12.280 really uh kind of a supplement to copyright. It's an 0:13:12.320 --> 0:13:15.240 idea that this tells people what you want them to 0:13:15.280 --> 0:13:17.760 be able to do, uh, whether or not you want 0:13:17.800 --> 0:13:19.959 them to be able to take your work and then 0:13:20.040 --> 0:13:22.600 add to it or or you know, transform it in 0:13:22.679 --> 0:13:26.000 some way. It also gives people the guidelines they need 0:13:26.040 --> 0:13:28.920 to follow in order to do that. Because one of 0:13:28.960 --> 0:13:32.600 the aspects of Creative Commons is that you know, you 0:13:32.600 --> 0:13:35.680 you may want to make sure people attribute the original 0:13:35.720 --> 0:13:38.640 work to you so that people can trace back all 0:13:38.679 --> 0:13:41.280 the way to the source of the original material. So 0:13:41.360 --> 0:13:45.560 attribution is very important in creative Commons. Uh, that's part 0:13:45.559 --> 0:13:48.319 of the license. So if people you know, decide to 0:13:48.320 --> 0:13:51.880 try and use create works that are licensed under Creative Commons, 0:13:51.880 --> 0:13:53.640 one of the things they're supposed to do is attribute 0:13:53.640 --> 0:13:57.679 the original work. And there their guidelines specifically on how 0:13:57.720 --> 0:13:59.800 things need to be attributed. A lot of these left 0:13:59.880 --> 0:14:02.480 up to the creator. Um, you know, whether they want 0:14:02.480 --> 0:14:06.000 to be uh mentioned by name or by a handle 0:14:06.240 --> 0:14:08.959 or both. Um, whether or not you know, you should 0:14:08.960 --> 0:14:12.240 include a website as well, that kind of thing, and uh. 0:14:12.280 --> 0:14:15.679 And this covers all sorts of creative material like books, 0:14:16.000 --> 0:14:22.560 short stories, music, images, uh not software software you you 0:14:22.680 --> 0:14:27.000 could technically covered under Creative Commons, but the the people 0:14:27.040 --> 0:14:31.680 who drafted Creative Commons um suggest that you don't do that. Well, 0:14:31.680 --> 0:14:34.360 there are other options for that too, write exactly. That's 0:14:34.480 --> 0:14:37.320 that's one of the that's one of the reasons they 0:14:37.320 --> 0:14:41.080 suggest that you shouldn't use Creative Commons for software because 0:14:41.080 --> 0:14:46.640 there are other choices out there that are better. YEP. Now, UM, 0:14:46.800 --> 0:14:51.560 creative commons actually hasn't been around for a terribly long time. Actually, 0:14:51.560 --> 0:14:56.200 at the twenty one century UH creation, UM, the Center 0:14:56.200 --> 0:14:58.120 for the Public Domain had a lot to do with it, 0:14:58.160 --> 0:15:01.400 and there were a lot of people involved it. UM. 0:15:01.440 --> 0:15:05.360 You know, probably the most recognizable name as UH Lawrence Lessig, 0:15:05.720 --> 0:15:10.680 who's UH lawyer and has been cited very very frequently 0:15:10.720 --> 0:15:16.120 as an expert in UH and copyright and other related 0:15:16.240 --> 0:15:18.960 and licensing and all sorts of related things. He's UH, 0:15:19.000 --> 0:15:22.760 he's an author and UM a lot of a lot 0:15:22.800 --> 0:15:26.160 of times. UM, you know, he gets asked about the 0:15:26.160 --> 0:15:31.000 these weird situations because you know, before the digital age, 0:15:31.400 --> 0:15:34.600 really copyright was a lot easier to pin down, and 0:15:34.640 --> 0:15:37.560 now there are all these methods of distribution that are 0:15:37.600 --> 0:15:41.280 causing the corporate organizations headaches. Um. There are all sorts 0:15:41.400 --> 0:15:47.680 of other UH contingencies like bands wanting to allow you 0:15:47.800 --> 0:15:51.120 to have access to their pro tools files to go 0:15:51.200 --> 0:15:54.680 ahead and make changes to the original songs without you know, 0:15:54.720 --> 0:15:58.280 even taking the finished tracks. I mean, these things are 0:15:58.320 --> 0:16:00.480 are things that would have been unthinkable just a few 0:16:00.560 --> 0:16:05.320 years ago. So it's important that that creative commons licensing 0:16:06.040 --> 0:16:10.880 and UH and public domain licensing overall is becoming more 0:16:10.960 --> 0:16:14.240 robust because it's enabling people to fiddle around with it 0:16:14.280 --> 0:16:16.200 a little bit more. And the funny thing I think 0:16:16.200 --> 0:16:21.560 about the licensing issues is that, um, some of the 0:16:21.560 --> 0:16:23.840 corporations are starting to loosen up a little bit and 0:16:23.880 --> 0:16:29.560 allow authors and other artists to you know, distribute these 0:16:29.560 --> 0:16:33.280 things more freely, like for example, nine inch Nails making 0:16:33.320 --> 0:16:38.200 their files available um and uh, authors like Corey Doctoro 0:16:38.400 --> 0:16:42.680 making entire books available for a short time, um, you know, 0:16:43.240 --> 0:16:46.800 online for free. And then you know, of course what 0:16:46.880 --> 0:16:49.280 they're finding out is it sells more copies of the 0:16:49.320 --> 0:16:53.360 actual protected copyrighted work. Right. Yeah, I've I've seen people 0:16:53.400 --> 0:16:57.000 who publish books and music under the Creative Commons do 0:16:57.160 --> 0:17:00.280 quite well. That Jonathan Colton does very well with his 0:17:00.480 --> 0:17:05.280 musician and uh, you know, the the important thing to 0:17:05.320 --> 0:17:10.520 remember is that Creative Commons doesn't stop anyone from selling anything. Um, 0:17:10.600 --> 0:17:13.880 you can. You can license your work under Creative Commons 0:17:13.880 --> 0:17:16.240 and still sell it for a profit. There's nothing stopping 0:17:16.240 --> 0:17:18.199 you from doing that. In fact, that's that's not the 0:17:18.200 --> 0:17:22.200 purpose of Creative Commons. It's really to give you options 0:17:22.200 --> 0:17:24.760 so that people know what they can and can't do 0:17:24.840 --> 0:17:27.560 with your work. Um. It really comes down to to 0:17:27.840 --> 0:17:31.680 the key terms what they call the key terms of 0:17:31.720 --> 0:17:35.440 the Core Suite of Creative Commons licenses. Sweet. Yeah, so 0:17:35.600 --> 0:17:38.520 attribution is one of those. We already mentioned that. So 0:17:38.560 --> 0:17:40.840 that's letting people, you know, know that they need to 0:17:41.640 --> 0:17:44.359 mention your name in regards to the work you created 0:17:44.359 --> 0:17:46.960 before they do anything with it and their share alike. 0:17:47.880 --> 0:17:51.399 And that allows other people to uh, create, distribute, or 0:17:51.720 --> 0:17:56.840 distribute derivative works, but only under the same share alike license. 0:17:57.400 --> 0:18:01.080 So if you make a derivative and make a distribution 0:18:01.119 --> 0:18:03.680 of that, then you have to let other people share 0:18:03.720 --> 0:18:06.080 to write. In other words, let's say that you take 0:18:06.119 --> 0:18:09.320 a song and you remix it. You can't tell people, hey, 0:18:09.560 --> 0:18:13.440 don't take this remix and remix that. Yeah, my remixes copyright. Now, 0:18:13.520 --> 0:18:15.640 you can't do that. No, it has to fall under 0:18:15.720 --> 0:18:18.439 the same the same parameters as the work that you 0:18:18.520 --> 0:18:22.080 took in the first place. There's non commercial, which of 0:18:22.080 --> 0:18:24.320 course means that you're not able to use the work 0:18:24.359 --> 0:18:27.719 in any way that would um you know, and essentially 0:18:27.720 --> 0:18:29.359 you can't use it in a way to make money. 0:18:29.880 --> 0:18:32.159 You can't use it for commercial uses. This one's really 0:18:32.200 --> 0:18:35.399 tricky because let's say that you have a song that 0:18:35.520 --> 0:18:37.879 you really like that has been published under the Creative 0:18:37.880 --> 0:18:40.879 Commons license, and you should be able to play that 0:18:40.960 --> 0:18:43.240 song on your website like you want to, and you 0:18:43.240 --> 0:18:46.480 know you're gonna attribute it and everything. But let's say 0:18:46.480 --> 0:18:50.000 that you also have advertising site and you get money 0:18:50.080 --> 0:18:52.479 from the ads. Now, even if the ads are not 0:18:52.640 --> 0:18:56.320 directly associated with the song, there does there's a gray 0:18:56.400 --> 0:18:58.639 area there the site is actually being used for a 0:18:58.640 --> 0:19:01.000 commercial purpose, using it to make money. Yeah, and if 0:19:01.040 --> 0:19:02.679 the song can be if you know, if you were 0:19:02.720 --> 0:19:04.080 to say, well, the song is part of that the 0:19:04.119 --> 0:19:05.800 song is part of the reason why people are visiting 0:19:05.840 --> 0:19:08.000 the site, then therefore those songs part of the reason 0:19:08.040 --> 0:19:11.240 why you're making money. That may or may not fall 0:19:11.359 --> 0:19:16.000 under the non commercial umbrella. It's it's a gray area. 0:19:16.119 --> 0:19:18.320 That's one of the more difficult ones to define. The 0:19:18.400 --> 0:19:21.400 final one is no derivatives. This is where you let 0:19:21.440 --> 0:19:24.440 people copy it, display it, distribute it, but they can't 0:19:24.720 --> 0:19:28.920 make derivative versions, remixes or anything like that. Yeah, if 0:19:28.960 --> 0:19:31.120 you write a song and want to change the layer 0:19:31.160 --> 0:19:33.200 and somebody else wants to, you know, you publish it 0:19:33.280 --> 0:19:35.840 under this license. Somebody else wants to, you know, rewrite 0:19:35.840 --> 0:19:38.560 the second verse, they can't do it because it's verbatim. 0:19:38.600 --> 0:19:41.640 You have to be the same way. Now, Let's say 0:19:41.640 --> 0:19:44.600 that you publish something and you put it under the 0:19:44.640 --> 0:19:47.919 Creative Commons License, and then later on you decide that 0:19:48.000 --> 0:19:52.560 you want to change that. Okay, here's the problem. Yeah, 0:19:52.640 --> 0:19:56.199 here's the problem. You can't really do that because it 0:19:56.359 --> 0:19:58.560 violates the whole idea of the Creative Commons license in 0:19:58.600 --> 0:20:00.639 the first place. Let's say that you've allowed people to 0:20:00.680 --> 0:20:04.120 make remixes of your songs for uh, for three months. 0:20:04.160 --> 0:20:05.760 You know, I've got this one song under the Creative 0:20:05.800 --> 0:20:08.199 Commons license, and you you had had it so that 0:20:08.240 --> 0:20:10.520 people could use the share like and then you decide, 0:20:10.560 --> 0:20:12.919 you know what, I don't I don't really want that 0:20:12.960 --> 0:20:16.280 to happen anymore, and I change that. Well, that kind 0:20:16.280 --> 0:20:18.399 of violates the whole spirit of Creative Commons. So you 0:20:18.440 --> 0:20:21.080 can't really do that. For one thing, how do you 0:20:21.160 --> 0:20:25.359 prove someone got hold of your song after you changed 0:20:25.440 --> 0:20:28.600 the parameter of your agreement If someone got hold of 0:20:28.600 --> 0:20:30.959 your son from before they got it under the Creative 0:20:31.000 --> 0:20:33.359 Commons license that said that they could share it if 0:20:33.359 --> 0:20:35.280 they got it after then they said that, you know, 0:20:35.320 --> 0:20:39.479 they couldn't share it anymore. Um, you can't really prove that. 0:20:39.560 --> 0:20:41.680 It's really hard to to prove. Hey, I got a 0:20:41.720 --> 0:20:43.800 hold of this digital copy back when you said it 0:20:43.840 --> 0:20:46.919 was okay, Uh, not after you said it wasn't okay. 0:20:47.080 --> 0:20:51.119 So if you're gonna publish something under creative commons, just 0:20:51.320 --> 0:20:54.600 keep in mind that it's it's pretty much a switch 0:20:54.680 --> 0:20:57.960 that stays on once you flip it on. It doesn't 0:20:57.960 --> 0:20:59.800 mean you can't again, doesn't mean that you can't sell 0:21:00.000 --> 0:21:02.200 things and make money off of them. It just means 0:21:02.240 --> 0:21:05.600 that the conditions that you agreed to at the beginning 0:21:05.640 --> 0:21:08.280 are you're pretty much stuck with those. And it seems 0:21:08.320 --> 0:21:12.280 like since it's a legal agreement then it should conceivably 0:21:12.320 --> 0:21:14.600 hold up in a court of law. Right, But again, 0:21:14.960 --> 0:21:18.960 when you're talking about using creative commons, um this again 0:21:18.960 --> 0:21:22.320 as a supplement to copyright law. If if you are 0:21:22.359 --> 0:21:26.040 the owner of the work, uh, then you're going to 0:21:26.040 --> 0:21:29.439 be using your your copyright as the basis of your argument, 0:21:29.480 --> 0:21:32.400 not creative commons necessarily. And now if you're the person 0:21:32.440 --> 0:21:36.280 being accused, you might be using creative commons as your protection, saying, look, 0:21:36.320 --> 0:21:39.159 this work was licensed under creative commons. I followed the 0:21:39.160 --> 0:21:43.800 parameters I attributed. I didn't use it for commercial purposes exactly. 0:21:44.040 --> 0:21:46.720 So therefore, since I'm covering up under the license, there's 0:21:46.720 --> 0:21:50.520