Art, Free Speech, & Copyright are colliding on a daily basis. This talk looks at these intersection and asks you to use your fair use rights to help create new norms of sharing.

1. Copyright and
Free Speech
Brian Rowe J.D.
The Rent
is too
Damn
High!
Girls, Girls,
Girls, do
engineer!

2. Livinginaworldof
Illegal(?)art

3. <Background>

5. Howard Zinn
You Can’t be
Neutral on a
Moving Train

9. <Copyright 101>

10. What is Covered by
Copyright?

11. (1) literary works;
(2) musical works, ...
(3) dramatic works,...
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.

13. Scream
Edvard Munch
Year 1893

14. Scream
Edvard Munch
Year 1893
Public Domain

17. Published
Year 1949

20. 1958
Disney
Sleeping Beauty

21. 1898
Henry Meynell Rheam
Sleeping Beauty

23. Photo from The Ihnatko Archives, circa 1999. of Amanda Palmer

24. Banksy

25. Where does Copyright
come from?

26. US Constitution
Article 1, Section 8, Clause 8
To promote the Progress of Science
and useful Arts, by securing for
limited Times to Authors and
Inventors the exclusive Right to their
respective Writings and Discoveries:

27. 1710

28. How Long is Copyright?

30. Was Copyright
Needed?

31. Freedom from Monopolies a
Basic Right

32. 17 U.S. Code § 504 - Remedies for infringement:
Damages and profits

34. Up to $1,000

35. $150,000
per Work Infringed!

36. P vs IP
aside

37. Why?

38. $

39. <Fair Use
&
Free Speech>

40. </2>

41. § 107 . Limitations on
exclusive rights: Fair use

42. </2>

43. The fair use of a copyrighted work, including criticism, comment,
news reporting, teaching, scholarship, or research, is not an
infringement of copyright.
(1) purpose and character of the use,
(2) nature of the work;
(3) amount and substantiality of the portion used in relation to
the work as a whole;
(4) effect of the use upon the potential market

44. § 107 . Fair use
(1) Use
(2) Type
(3) How Much
(4) the effect of the use upon the potential market
The Rent is too Damn
High!

45. The Rent
is too
Damn
High!

46. <3>

47. <3>

48. Good Faith Matters

49. (2) Type of Work

50. (3) How much?

51. (4) Market Effect

52. Getting Paid

53. Getting Paid

54. Getting Paid

57. Fair Use
Challanges

58. WLA
Patrick Cariou v. Prince

59. WLA

60. contracts issue

62. ToS
Commercial photography and
videography are prohibited in
the park.
Personal photography is
permitted but may not be used
commercially.

63. Claes Oldenburg &
Coosje van Bruggen

64. New Paint

68. Bias Certain
Speech

70. Girls, Girls, Girls,
do engineer!

72. Credits:CC-BY Brian Rowe
Most images were used under my first amendment fair use right
Photo of Rowe by BiPolar Images - Geffrey Gribbin
Brian@BrianRowe.org
@Sarterus