Remix – What is it?
Rossco – Outside Broadcast
Original Image by Rossco CC BY SA http://pool.abc.net.au/media/outside-broadcast
Seldom Party - Raise Your Hands
Original work by Seldom Party CC BY http://pool.abc.net.au/media/raise-your-hand
AgedMusic – Raise Your Hands
Original Work by Aged Music CC BY http://pool.abc.net.au/media/seldom-party-raise-your-hand-remix
AgedMusic - Jobs
Original by AgedMusic CC BY NC http://pool.abc.net.au/media/sweet-jobs-sport-video-fishhead
The ABC Release Process
ArchivesRights ManagementCommercial
ABC Open Archives CC BY NC
Reuse Copyright
Splits into 2 areas:Moral responsibilitiesCopyright Provisions
Mukumbura CC BY NC SAhttp://www.flickr.com/photos/mukumbura/3050601544/
Moral Responsibility
You should credit the original author
They have the choice to be credited
Toddwshaffer BY NChttp://www.flickr.com/photos/toddwshaffer/3656399145/
Copyright Provisions
1. Fair Dealing (Australia)2. Incidental Use: eg magazine cover (not
featured material)3. Extract of Reasonable Use: public speech,
education literature4. Insubstantial Use: it can’t be the heart of the
original work
Fair Dealing Provision
3 provisions:Reporting of News
Review and CriticismParody and Satire
Mang78 CC BY NC http://www.flickr.com/photos/mang78/486341679/
Parody and Satire
Can’t be funny for funny sakeIt must comment on a
societal issue
M.J Vanz CC BY NChttp://www.flickr.com/photos/mvjantzen/5117003682/
Parody
“… is an imitation of a work and will therefore often include parts of the original copyright
material – for comic effect and ridicule” (ABC 2011)
Satire
“… often involves attacking an idea or attitude, an institution or a social practice through
irony, derision or wit”(ABC 2011)
Vague and Grey Area
No concrete precedenceAlways a case by case scenario
Pool and the ABC’s Position
Consider the profile of the person being remixedCan you get permission?
Does it have a legal defenseRisk Management
Case Study – Main$treaM
• Copyright• Defamatory• Obscenity
Case Study - Main$treaM
“Cockcheek Part 1”Original work by Main$treaM CC BY
http://pool.abc.net.au/media/cockcheek-part-1Legal decision:
“Not OK because too highly obscene.”
Case Study - Main$treaM
“Max Prophet$ Toyota”Original work by Main$tream CC
http://pool.abc.net.au/media/max-prophet-toyota
Legal decision:“OK, it’s not obscene, not copyright, and it’s
parody.”
Jonathon [email protected]
@dhutchmanHTTP://jonathonhutchinson.com
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