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Fair Use

  • Comedies of Fair U$e: slides and audio

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    A Search for Comity in the Intellectual Property Wars: symposium at The New York Institute for the Humanities at NYU, April 28-30, 2006 [slides, audio, transcripts]

  • THE FAIR USE NETWORK

    Pen THE FAIR USE NETWORK: INFORMATION & RESOURCES FOR FREE EXPRESSION

    The Fair Use Network was created because of the many questions that artists, writers, and others have about "IP" issues. Whether you are trying to understand your own copyright or trademark rights, or are a "user" of materials created by others, the information here will help you understand the system — and especially its free-expression safeguards.

  • Order your fair use report now!


    Brennanreport
    Will Fair Use Survive? Free Expression in the Age of Copyright Control
    , by Marjorie Heins and Tricia Beckles.

    [read the sneak preview or download the report [PDF]

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July 14, 2009

Post Print?

Latfh
screen grab, LATFH.com


via The Brooklyn Rail
:


Historically speaking, those of us who embraced the Web long ago have suffered the summary dismissal that tends to accompany all major cultural paradigm shifts. This all-too-familiar feeling of resistance toward the Web (hide your daughters, the Internet is coming!) has only been exacerbated by the current economic climate, where newsroom vets are gripped by terror as “The Youngs” hack their way into a system formerly reserved for J-school initiates. As the mainstream media embrace the Web, that dialectic tension already feels a bit tedious. Bloggers are getting their due—or making progress at, least—and that is that. We are and always have been evangelists for the Web, devoted to a platform that provides us with a degree of agency that the print bureaucracy simply does not. The curious part, however, is that we’ve never stopped wanting to see our words in print, even when editors have refused to look at them.

Enter the Book Deal, a harbinger of fame (and hopefully, fortune) that for many now serves as a strategic reason to begin blogging in the first place. The most lucrative deals tend to be awarded to those whose sites function as durational book proposals, where an author’s thesis coalesces through a succession of topical, short-form posts. These one-offs lend themselves naturally to publication in print, where the narrative has more room to develop. (A great irony, yes, given the Web’s indexical capacity. Yet a couple hundred thousand words simply do not read the same online as they do on the page.) Political pundits tend to score publishing contracts, as do other subject-specific authors. Being “Internet famous” never hurts, either: Minds reeled around this time last year when former Gawker editor Emily Gould spun her now-seminal New York Times Magazine account of her tendency to “overshare” into a full-on memoir deal. Her take was initially said to be $1 million, a rumor that has since been debunked.

Newer publishing platforms and social networking applications—namely, Tumblr and Twitter—have ushered in a new kind of blog-to-book deal: The user generated model. Look at this Fucking Hipster is the Internet brainchild of one Joe Mande, a standup comedian with his own show at the Upright Citizens Brigade theater and, as of early June, a soon-to-be published author. LATFH is his chronicle of hipsterdom at its sartorial best, posted anonymously to a Tumblr account that caught the attention of editors at Penguin’s Gotham Books imprint, publisher of blog-to-book luminaries Barack Obama is Your New Bicycle and I Can Haz Cheeseburger—not to mention the rest of the Internet, where Gawker gleefully outed Mande as the site’s author. LATFH The Book will likely take the form of its analog predecessor, Vice Magazine’s “Dos and Don’ts”, a dorm room cooler-cum-coffee table-worthy collection of the magazine’s brutal fashion critiques based on photographs of dubious origin. Reader-submitted or “found” content is perfectly suited to Tumblr, a one-click publishing platform whose users tend to favor rapid-fire, image-heavy posts over longer missives. As with Twitter, bloggers can “follow” one another’s Tumblr accounts, re-publishing posts at will in a free-and-easy exchange of authorship, a Deconstructivist’s dream made manifest through the Web.

While media watchdogs fixate on the actual book deals—namely, on the dollar sum of the advance, as this is one form of online commerce that still amazes us—few pause to consider the books themselves. How strangely anachronistic is it (and yet, extraordinarily telling) that those who participate in perhaps the most monumental democratic exercise ever—and who do so daily, often for a living—would seek to tame the great, unbridled, immaterial beast that is the Internet with some high-gloss stock and two binding boards? How thoroughly odd it is that one would attempt to translate the particular digital reading experience of the Tumblr blog, or Twitter feed, or Facebook update into an analog one. What about the Kindle?

When asked why he felt compelled to select 600 tweets for Twitter Wit, his forthcoming book from Harper Collins, former Valleywag editor and Internet wunderkind Nick Douglas cited Postcards from Yo Momma, another blog-to-book phenomenon written by Jessica Grose and Gawker alum Doree Shafrir.

To make a book out of these submissions is to fix what PFYM is about, or to create an entity intentionally different than PFYM in certain ways. This is not the mere regurgitation of web content: The different balance of reader attention, standards of quality, intended audience, and writer-reader relationship (the reader, for example, can no longer comment, and a mediocre submission no longer encourages similar but better submissions) turns the book into something new. Of course many bloggers with book deals start saving “the good stuff” for the printed version.

The possible pitfall with the blog-to-book translation has as much to do with form as it does content: Sneaking a tweet during a lecture or a film, followed by a quick checkup on my friends’ updates with a flick of my iPhone’s screen, is a much different tactical and cognitive experience than settling in with a piece of printed matter (a veritable luxury given the good, solid twelve-to-fourteen hours a day I spend online as a writer and editor). While I appreciate the convenience of a published compendium of essays culled from a favorite website—again, I’m talking about long-form writing here—the Tumblr, Twitter, and Facebook experience depends as much on looking as it does on reading. Why else would Facebook users revolt when the site launched its new interface several months back? Would the Twitter’s infamous Fail Whale, the jovial cartoon that delivers a pop-up apology when the system is over capacity, hold its charm in print? Here, I am doubtful. (To be fair though, perhaps we will surprise ourselves in casting a backwards glance from the Internet to print. One can hope.)

By that token, this hybrid identity between blogger and author wouldn’t exist to begin with if a few chaps in Cambridge and San Francisco hadn’t taken a gamble on the Internet’s ability to summon our most deeply rooted needs and desires. Most powerful amongst these is validation: Everyone wants to feel wanted. And it’s hard to deny an opportunity to see our names memorialized in a tangible, keepsake form. We can’t literally hand the Internet down to our children, after all.

Or, as writer and Gawker contributor, Melissa Gira Grant, who is also working on a book proposal about sex and the Internet, puts it: “People will sign over their proprietary rights to a post or an image because they don’t see a picture of a hamburger as having cultural value unless it’s published in a book alongside 300 other hamburgers. They can’t see the aggregate form.” Ultimately, the blog-to-book deal constitutes a leap of faith on the part of the author (and publisher!)—an attempt to traverse genres while certain of others’ willingness to come along for the ride. “Publishing is still a healthy industry,” Douglas insists, “and this will be the biggest audience some of my contributors have ever reached.” Spoken like a true believer.

Sarah Hromack is Web Editor of Art in America and the former editor of Curbed San Francisco.


May 24, 2009

Print Matters at Wired

Do go on to read the comments, as they are what make this dialogue interesting...

via boingboing gadgets, (thanks paddy)
:

POSTED BY Joel Johnson AT 4:12 PM Monday May 18, 2009 +

Welcome, Wired. We call this land "Internet"

wiredmystery.jpgHere's the problem with Wired: They think print matters.

Background: Stephanie Clifford warns that Wired may be about to die. Ad sales are down 50%, putting it just above Power and Motoryacht at the bottom of Condé Nast's portfolio of magazines.

I've got some relatively ancient history to share, but I think it's germane.

After I left Gawker Media, I was contracted by Condé to help the newly reacquired Wired.com develop a blogging strategy. I spent a few weeks with the Wired.com chiefs developing a battle plan and presented it to the magazine editor-in-chief Chris Anderson. He gave it the nod—he got what I was trying to do instantly—and away we went.

Three months later the traffic to the Wired.com blogs had doubled. I cleared out writers that weren't working. That didn't always mean they were bad writers, but usually just bad bloggers—there is a difference. Even the best magazine writer may not be able to write and report in front of an audience.

Our most successful blog was Table of Malcontents, run by our friend John Brownlee (with Lisa, too!), who ran with the opportunity, creating a "net culture" blog that was the archetypal model for what we were trying to create: Smart, fast, full of personality, two steps ahead of mainstream tastes. It had a superstar team, and with hard work they were soon the most popular blog on the network behind Rob's Gadget Lab. (They also did much to make my not-so-secret motto come true: "Make Wired weird again.")

Then the magazine folks stepped in. As soon as it became clear that Wired.com's blogs might actually get some traction, the magazine started to dabble. I had structured the blogs so that each had a lead editor, something that that worked very well at Gawker. No one had a problem with that—until it meant that my lead bloggers might be telling magazine staffers what to do.

It's not unusual for print journalists to look down at online writers, and often rightly so. There are some amazing reporters and writers whose work appears in Wired, people who do the sort of storytelling that bloggers rarely have the time or skill to do.

But reporters treating their online peers like that at Wired? It was accepted without much question that the magazine side of the business—literally across the "Berlin Hall"—always trumped the online side.

I made it about six months before I felt too constrained by both the magazine and its publishers and moved on. Since then, Wired.com's grown to 11 million monthly visitors: its blogs are among the best in their fields and its tech news reportage is among the finest, online or off—successes I don't take credit for. The sheer size of that readership speaks volumes: the Times says the magazine has only 700k or so subscribers. (It's a damn shame that online advertising is devalued compared to print advertising, but that's the media world for you.)

Wired makes a fantastic magazine. The "puzzle" edition last month was just brilliant, and I skimmed it from cover to cover. But for technology and pop science reporting, the market has moved on. Tech magazines, now matter how well executed, are nothing more than a cute anachronism, with the same sort of boutique market as hand-made stationery.

Which isn't to say that we or anyone else who writes for money isn't doomed; we just don't have to buy paper by the ton roll, nor keep a support staff around nearly as large as our editorial staff.

Wired is great print, but if the magazine can't make money and is shuttered, taking the website down with it, I'm going to be livid. Not that making money online is easy—it's not, especially without sacrificing your ethics and your voice—but if any mainstream outlet should be able to make the transition, it should be Wired.

I fear that may be impossible, not just for Wired but for all these old brands, because they can't accept that the work at which they have excelled for years will be just as important when it's online—and online only.

P.S. No one actually ever called it the "Berlin Hall" except me.
P.P.S. The fact that it was the Times that published this piece, one of my other dear media orgs also choking and sputtering on the future, was not lost on me.


September 01, 2008

New Technologies + the "Obama Surge"

31rich_large

Barry Blitt.

via NYTimes Op-Ed, 8/31/08
:(nice quote - but do read the full article)

Obama Outwits the Bloviators

By Frank Rich

...now that media are being transformed at a speed comparable to the ever-doubling power of microchips, cable’s ascendancy could also be as short-lived as, say, the reign of AOL. Andrew Rasiej, the founder of Personal Democracy Forum, which monitors the intersection of politics and technology, points out that when networks judge their success by who got the biggest share of the television audience, “they are still counting horses while the world has moved on to counting locomotives.” The Web, in its infinite iterations, is eroding all 20th-century media.

The Obama campaign has long been on board those digital locomotives. Its ability to tell its story under the radar of the mainstream press in part accounts for why the Obama surge has been so often underestimated. Even now we’re uncertain of its size. The extraordinary TV viewership for Obama on Thursday night, larger than the Olympics opening ceremony, this year’s Oscars or any “American Idol” finale, may only be a count of the horses. The Obama campaign’s full reach online — for viewers as well as fund-raising and organizational networking — remains unknown

August 06, 2008

Celebrating Women Political Bloggers

Ng

This is nice, to be included here. (though is NG a political blog? an art blog? both or neither??)

via Informed Voters as well as Political Voices of Women:

Celebrating Another 100 Women Political Bloggers

Posted by Catherine Morgan on August 6, 2008

Celebrating Another 100 Women Political Bloggers.

All week we are celebrating women political bloggers. Monday, I posted on the first 100 women blogging politics, from our list of over 500.  Tuesday, the next 100.  And today, another 100 women political bloggers.

One of my goals for this site, is that women will use each other’s sites, to link to in their own blogs, and promote each other.

You can help promote women political bloggers, by linking to them on your own blog. And, if you know someone not on the list, please send me their link, and I would be happy to add them.

[see list]

July 25, 2008

Summer Hiatus

25hudson600

Image via

Posting will be sporadic while NEWSgrist takes a vacation...

July 13, 2008

The Art Life Fights Censorship [...]

reblogged via The Art Life:

Press Release: Fighting Censorship

Embryo

In the interests of the dignifying debate on art and censorship, The Art Life today has taken the bold step of publishing on its blog a photo of a ball of dividing cells from the moment a zygote implanted itself on a uterus wall.

Although the zygote in question is currently still too young to understand the full ramifications of this decision, we feel that by exploiting these eight cells we will dignify a debate that for too long has been dominated by hysterical sections of the media clamouring for "controversy".

A press release has been sent out to newspapers, television and current affairs programs in the hope that - by playing the media's own game - we will be able to widen discussion.

We're also hoping that a journalist, researcher or moral rights campaigner will trap the Prime Minister into making a comment about the morality of exploiting zygotes without seeing the image in question.

Phase two of our campaign will be the revelation that both parents of the currently healthy eight celled object are completely in favour of publishing the photo on our blog and will be available for a 9am media call on a day of the media's choosing.

The zygote, knicknamed "Morula", will also be available for comment in approximately 2 years.

It is our sincere hope that our decision will help widen debate on art and censorship.

Although we understand the irony of creating yet another controversy in the name of debating controversy, this irony will be overlooked and that we sincerely believe we will not alienate the rest of the art world through our act of staggering bad faith.

Art Life Editorial Team.

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July 01, 2008

Drawing On the Utopic

New

Austin Thomas, artist and director of Bushwick's Pocket Utopia, has a new blog up called Drawing On the Utopic - check it out. (I grabbed the images below from it). Also check out Sharon Butler's piece in the June issue of The Brooklyn Rail that mentions Austin's and others' "post-studio" alternatives: Lost in Space: Art Post-Studio.... Although I have to say, this paragraph is a little weird, especially coming from an inveterate artist blogger:

Acutely aware of shrinking real estate opportunities yet persistently nostalgic for the kind of old-fashioned, three-dimensional community that's threatened by the Internet, some artists are making their contemporaries' space predicaments the focus of larger projects and installations.

(Sharon??) I'd say that the Internet, if anything, is very much a part of "post-studio practice", if not studio practice proper, and to say it's part of the threat to artist communities seems a bit silly, considering the social networking potential and community it in fact has provided in spades since the late '90s. Why not drive the point home about the real threat to the visual art community in this city? (cf: From Welfare State to Real Estate: Regime Change in New York City, 1974 to the Present).


Obama
Above: Obama in Bushwick; below: Hillary sporting an Obama cap on 39th St.
click to enlarge.

Hillary_2
click to enlarge.

Auto-Replacing "Gay"?

reblogged via RightWingWatch.org, 6-30-08:

The Dangers of Auto-Replace

In addition to blocking   traffic from websites they don't like, it looks like the web-geniuses behind the American Family Association's OneNewsNow site have a few other tricks up their sleeves, such as automatically replacing any use of the word "gay" with the word "homosexual" in any of the AP stories they run … leading to instances in which proper names are reformatted to meet their ridiculous standard, such as this article about sprinter Tyson Gay winning the 100 meters at the U.S. Olympic track and field trials in which he is renamed "Tyson   Homosexual":

OneNewsNowGay.gif

Though AFA has since corrected its article, it looks like this auto-replace feature has been embarrassing them for quite some time now:

onn-google.gif

And while they may have fixed this particular instance, it looks like they haven't gone back through their archives and corrected other articles where this happened, such as this article where professional basketball player Rudy Gay is referred to as "Rudy Homosexual."

 

Posted by Kyle at  9:33 AM

June 16, 2008

AP Goes After Bloggers, Stomping on Fair Use & Overstepping Copyright Law (Then Beats Hasty, Though Partial, Retreat)

via TechCrunch, June 16, 2008:

Here's Our New Policy On A.P. stories: They're Banned
Michael Arrington
123 comments »

The stories over the weekend were bad enough - the Associated Press, with a long history of suing over quotations from their articles, went after Drudge Retort [a site that mocks the Drudge Report]for having the audacity to link to their stories along with short quotations via reader submissions. Drudge Retort is doing nothing different than what Digg, TechMeme, Mixx and dozens of other sites do, and frankly the fact that they are being linked to should be considered a favor.

After heavy criticism over the last few days, the A.P. is in damage control mode, says the NYTimes, and retreating from their earlier position. But from what I read, they’re just pushing their case further.

They do not want people quoting their stories, despite the fact that such activity very clearly falls within the fair use exception to copyright law. They claim that the activity is an infringement.

A.P. vice president Jim Kennedy says they will issue guidelines telling bloggers what is acceptable and what isn’t, over and above what the law says is acceptable. They will "attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright."

Those that disregard the guidelines risk being sued by the A.P., despite the fact that such use may fall under the concept of fair use.

The A.P. doesn't get to make it’s own rules around how its content is used, if those rules are stricter than the law allows. So even thought they say they are making these new guidelines in the spirit of cooperation, it's clear that, like the RIAA and MPAA, they are trying to claw their way to a set of property rights that don't exist today and that they are not legally entitled to. And like the RIAA and MPAA, this is done to protect a dying business model - paid content.

So here's our new policy on A.P. stories: they don't exist. We don't see them, we don’t quote them, we don't link to them. They're banned until they abandon this new strategy, and I encourage others to do the same until they back down from these ridiculous attempts to stop the spread of information around the Internet.

and via TechDirt:

[...] Rather than just going after the big aggregators (surprisingly, Google settled), it appears that the Associated Press is going after bloggers for merely posting a linked headline and a tiny snippet of text from the article. In this case, Rogers Cadenhead informs us that the AP sent 7 DMCA takedown notices last week to his site, the Drudge Retort (a site that mocks the Drudge Report). In six cases, a blog post on the site quoted just a small snippet of text from an AP article (between 33 and 79 words -- nowhere near the full length of the article). In every case, they also contained links back to the original AP article. Five of the six used a different headline than the original AP article. The other complaint was about a comment to a blog post, which also included a very short snippet and a link.

On the face of it, it's nearly impossible to see how this isn't fair use, even though an AP representative insists it's not:

The use is not fair use simply because the work copied happened to be a news article and that the use is of the headline and the first few sentences only. This is a misunderstanding of the doctrine of "fair use." AP considers taking the headline and lede of a story without a proper license to be an infringement of its copyrights, and additionally constitutes "hot news" misappropriation.

Hopefully, they won't send a takedown notice for quoting that. [...]

more on this via Technorati.

May 22, 2008

NEWSgrist: 'take no prisoners'

23cannesxlarge1

Pic: Cannes Film Festival. Via. Revolutionary fervor: Benicio Del Toro in Steven Soderbergh's "Che."


In her send-up of Erin Langner's new Seattle-based art blog, Peripheral Vision, Regina Hackett mentions NEWSgrist on her A-list of art blogs. She says NEWSgrist has a 'take no prisoners' 'tude.

:-)

(Not to mention: thanks, Regina, for your other nice review "Paint That Burns Through Narrative"; I take paint rather personally).

...Okay, I really wanted an excuse to post that pic of Benicio Del Toro as Che in Soderbergh's new film...