Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Digital Art Law

Cool and relevant information on the legal subtleties of digital art
by

Rocky Acosta

on 25 February 2013

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Digital Art Law

Digital Art 'n Law Or... the nexus of evil gggcgj Patent Copyright Utilitarian -
new/novelty
non-obvious
useful or industrially applicable Exclusive Rights
1. Reproduction Right
2. Adaptation Right
3. Public Distribution Right
4. Public Performance Right
5. Public Display Right Minimum substantive requirements: Original work of authorship fixed in a tangible medium. (Must evidence a modicum of creativity, see Feist) Infringement! Must show:
1. Actual copying (not independant creation)
2. Copying of protected expression
3. Substantial similarity Includes: 17 USC § 102(a)
1. Literary works
2. Musical works (& accompanying words)
3. Dramatic works (& accompanying music)
4. Pantomimes and choreographed works
5. Pictorial, graphic, & sculptural works
6. Motion pictures & other audiovisual works
7. Sound recordings
8. Architectural works
+ compilations and derivative works - 17 USC § 103(a) Digital Art Digital Art Software Digital Media Utility Creativity Damages/remedies:
Actual Damages
Injunction
Impoundment and/or destruction of unauthorized copies and equipment
If registered, statutory damages and attorney's fees Fair use defense:
1. The purpose and character of the use
2. The nature of the copyrighted
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for or value of the copyrighted work Timeline! 1709 - Statute of Anne
1787 - Copyright Clause (Constitution)
1891 - International Copyright Act
1909 Copyright Act
1976 Copyright Act
1989 Berne Convention
1990 Visual Artists' Rights Act
1994 Foreign Copyright Restoration
1996 Digital Millennium Copyright Act
1998 Copyright Term Extension Act Published works protected by federal copyright AFTER compying with formalities
Unpublished works may be protected by state copyright All fixed works, published and unpublished, covered by federal copyright (some formalities still required until 1989)
Term is life plus 50 years
304 (c) Termination rights - copyright holder may unilaterally terminate a transfer after 35 years §104(a) Foreign authors’ copyright restored if lost due to lack of formalities
Exemption for reliance interests (derivative / copies)
Contrary to public interest keeping works in public domain
Eliminated notice requirements, mandatory recordation of transfers prior to suit Extends term to 95 years from publication (works for hire) or life + 70Ex 1. Functional Aspects
2. Ideas
3. May be patentable - Try separability trest Not under copyright: 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 Law Not Patentable: 1. Natural Laws
2. Natural Phenomenon
3. Abstract Ideas Description of VARA Description and some implications of DMCA Unitary Authorship (§201a)
Joint Authorship (§201a)
Works for Hire (§201b)
Collaborative works? Transfer Ownership Licensing Termination Open Source Software Creative Commons Artistic Anarchy Digital Media Literature Review Amy M. Adler, Against Moral Rights, 97 Cal. L. Rev. 263, 266-67, (2009). Timothy K. Armstrong, Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public, 47 Harv. J. on Legis. 359, 400-01 (2010). Dan L. Burk, Muddy Rules for Cyberspace, 21 Cardozo L. Rev. 121, 122-123 (1999). Brian W. Carver, Share and Share Alike: Understanding and Enforcing Open Source and Software Licenses, 20 Berkeley Tech. L.J. 443, 445 (2005). Dan Hunter, Amateur-to-Amateur, 46 Wm. & Mary L. Rev. 951, 958 (2004). Severine Dusollier, Open Source and Copyleft: Authorship Reconsidered? 26 Colum. J.L. & Arts 281, 281 (2003); Armstrong, supra, at 364. Sarah Howard Jenkins, Application of the U.C.C. to Nonpayment Virtual Assets or Digital Art, 11 Duq. Bus. L.J. 245, 246 (2009). Margaret Chon, New Wine Bursting from Old Bottles: Collaborative Internet Art, Joint Works, and Entrepreneurship, 75 Or. L. Rev. 257, 259-61 (1996). Severine Dusollier, The Master’s Tools v. The Master’s House: Creative Commons v. Copyright, 29 Colum. J.L. & Arts 271, 280 (2006). Llewellyn Joseph Gibbons, Visual Artists Rights Act (“VARA”) and the Protection of Digital Works of “Photographic” Art, 11 N.C. J. L. & Tech. 531, 531 (2010). Overview of termination rights and the danger they pose to open content License proliferation, open-content licensing, difficulty in transfers to public or abandonment, compares the Patent Act to the Copyright Act. Proposes legislative solutions Art historical-style commentary criticizing the broad protection of moral rights that VARA grants to fine artworks. Develops the concept of destruction and change as part of artistic development. Critiques underlying assumptions of moral arts - romantic reification of artist and artwork. Analyzes the blurry delineations of copyright entitlements with regards to digital media and the Internet. Argues that "muddy" entitlements are more appropriate than "strong" property entitlements. Some analogizing IP to analog property. Describes the history and the enforceability issues relating to the open-source movement. Transformative nature of digital media necessitates new approach to copyright. Current law over-privitizes digital works at the expense of access by individuals. No longer unitary "genius" author - creation duality. Written specification - consideration for patent grant - see Liardet v. Johnson (1778)
Delineates bounadies
Discloses new technology 1790, 1793 - Patent Acts
1836 - Patent Act 1790 - 3 person federal panel approves
1793 - registration system Patent Office created (copied abroad) - system of administratively granting rights
Examiners screen for validity - (requirements for patent, novelty)
Publishes, disseminates information Limited monopoly
Incentivize creation
Grants to exclude
Property right - Contract http://www.wordle.net/ Tool Medium Photoshop Plug-ins Software Art "... utilize[s] the latest tools and software to create extraordinary screen-based experiences. The art is derived from custom code that is written by the artist. In traditional terms, the code represents paint or clay that the artist uses to create. It is molded, tweaked, massaged, layered until the artist is happy with the results of the executed code." Tissue
C.E.B. Reas

The Tissue software exposes the movements of thousands of synthetic neural systems, each represented as a line in the continually changing kinetic image. Interact with the software by positioning the array of stimuli displayed as dots. Changing the relative location of any dot modi?es the behavior of the lines and recon?gures the image. An understanding of the total work emerges through exploring different configurations for the dots and noticing the subtle relations between the stimuli locations and the corresponding visual output. www.softwareartspace.com http://www.fractal-recursions.com/ http://www.fractal-recursions.com/ http://nick-koontz.deviantart.com/ Fractal Animation still Fractal art is a form of algorithmic art created by calculating fractal objects and representing the calculation results as still images, animations, and media. Fractal art is usually created indirectly with the assistance of fractal-generating software, iterating through three phases: setting parameters of appropriate fractal software; executing the possibly lengthy calculation; and evaluating the product. Fractal art comes from uses fractal designs. Fractals are any of various extremely irregular curves or shapes for which any suitably chosen part is similar in shape to a given larger or smaller part when magnified or reduced to the same size.[1] There are many different kinds of fractal images and can be subdivided into several groups.

Fractals derived from standard geometry by using iterative transformations on an initial common figure like a straight line (the Cantor dust or the von Koch curve), a triangle (the Sierpinski triangle), or a cube (the Menger sponge). The first fractal figures invented near the end of the 19th and early 20th centuries belong to this group.
IFS (iterate function systems).
Strange attractors.
Flame fractals.
L-system fractals.
Fractals created by the iteration of complex polynomials: perhaps the most famous fractals.
Quaternionic and (recently) hypernionic fractals.
Fractal terrains generated by random fractal processes. Digital Painting Digital Photography Videogames - Second-life platform v. WoW interactive Dennis S. Karjala, Copyright and Creativity, 15 UCLA Ent. L. Rev. 169, 172-73 (2008). Nancy S. Kim, Expanding the Scope of the Principles of the Law of Software Contracts to Include Digital Content, 84 Tul. L. Rev. 1595, 1600 (2010). Michael J. Madison, Beyond Creativity: Copyright as Knowledge Law, 12 Vand. J. Ent. & Tech. L. 817, 821 (2010). Kristina Mucinskas, Moral Rights and Digital Art: Revitalizing the Visual Artists’ Rights Act? 2005 U. Ill. J.L. Tech. & Pol’y 291, 291 (2005). Vibeke Sorensen, Thoughts of a Computer Artist, 75 Or. L. Rev. 309, 311 (1996). John D. Shuff, Geoffrey T. Holtz, Copyright Tensions in a Digital Age, 34 Akron L. Rev. 555, 556 (2001). Maritza Schaeffer, Contemporary Issues in the Visual Art Realm: How Useful are Creative Commons Licenses? J.L. & Pol’y 359, 365-366 (2008). Turetsky, Applying Copyright Abandonment in the Digital Age, 2010 Duke L. & Tech. Rev. 19, 22 (2010). Case Review Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2nd Cir. 2008) Micro Star v. Formgen, 154 F.3d 1107 (9th Cir.1998) Lewis Galoob Toys v. Nintendo of America Inc., 964 F.2d 965 (9th Cir. 1992) Find: citation for Spore/Second Life authorial stuff. Try to find conflict between virtual world developer and user What happens along digital grey line in terms of licensing? MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993) Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d 1258, 1265 (10th Cir. 2008). MAI contended that Peak's use of the MAI operating system constituted copyright infringement. MAI argued that the license agreement which permitted an end user to make a copy of the program for their own use did not extend to Peak because Peak was not the licensee and therefore had no rights under the license agreement.
The court agreed and granted partial summary judgment which prohibited Peak from continuing their method of operation. The court determined that a copy of a program made from a hard drive into RAM for purpose of executing the program was, in fact, a copy under the Copyright Act. The judges utilized the criteria set forth by 17 U.S.C. § 101, which states 'A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.'
17 U.S.C. § 117 allows copies made as an essential step in utilizing the software to be made without permission of the copyright holder by the owner of a copy of the software. Nonetheless, the court believed that this clause did not apply because end users of MAI's software were mere licensees. The court also considered two additional facts: Peak had unlicensed copies of MAI's operating system at Peak's headquarters and the unlicensed loaning of computers featuring MAI's operating system to Peak's customers.
Based on the above facts, the court found that Peak was guilty of copyright infringement. MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993) Midway Manufacturing Co. v. Artic International, Inc., 547 F. Supp. 999 (N.D. Ill. 1982) Micro Star v. Formgen, 154 F.3d 1107 (9th Cir.1998) Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d 1258, 1265 (10th Cir. 2008) Lewis Galoob Toys v. Nintendo of America Inc., 964 F.2d 965 (9th Cir. 1992) Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2nd Cir. 2008) was a court case which established the rights of users to modify copyrighted works for their own use.
Under license from UK company Codemasters, Galoob manufactured an add-on product called Game Genie, which allowed users to modify video games by entering in certain codes; for example, a code might make the player invincible by negating the programming that updates the player's health amount. Nintendo, which sold a video game system and video games that could be modified by Game Genie, sued Galoob for copyright infringement, alleging that Game Genie made a derivative work, violating Nintendo's copyright in their video games.
The Court denied Nintendo's motion for a preliminary injunction, holding that Game Genie did not create a derivative work and also suggesting that even if it did, it might well be fair use. As the district court wrote, "Having paid Nintendo a fair return, the consumer may experiment with the product and create new variations of play, for personal enjoyment, without creating a derivative work."
An earlier appellate case on similar facts came out the other way, favoring the original copyright holder in Midway Manufacturing Co. v. Artic International, Inc.. Also, the Ninth Circuit referred to this case in Micro Star v. FormGen Inc.. In that case, Judge Kozinski concluded that the fair use analysis in Galoob v. Nintendo is "clearly dicta."[1] Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. (Ninth Circuit Court of Appeals, 1992) Micro Star v. FormGen Inc. 154 F.3d 1107 (9th Cir. 1998)highlighted that separability plays an important role in the analysis for the derivative work. In determining derivative works from the original protected material, the Copyright Act stands behind this separability: when elements of the original work "pervade a derivative work and are inseparable", the derivative author can no longer claim copyright protection for his own effort.[9] Furthermore, the court's decision suggested that audiovisual display could be "separately copyrightable as an audiovisual work," raising some doubts as to whether the audiovisual display should even be considered as original or fixed, because users have the capability to alter the display. (wikipedia) Stern Electronics Inc. v. Kaufman, 669 F.2d 852 (2d Cir. 1982), was a judgment by the U.S. Court of Appeals for the Second Circuit that Stern Electronics could copyright the images and sounds in a game, not just the source code that produced them.
See also

K.C. Munchkin (Atari v. Philips): 7th Circuit reached the same decision
Fighter's History (Capcom v. Data East): not all such images are copyrightable Variables Artist Observer Tool Medium Interactive http://www.wordle.net/ Photoshop Plug-ins Software Art "... utilize[s] the latest tools and software to create extraordinary screen-based experiences. The art is derived from custom code that is written by the artist. In traditional terms, the code represents paint or clay that the artist uses to create. It is molded, tweaked, massaged, layered until the artist is happy with the results of the executed code." Tissue
C.E.B. Reas

The Tissue software exposes the movements of thousands of synthetic neural systems, each represented as a line in the continually changing kinetic image. Interact with the software by positioning the array of stimuli displayed as dots. Changing the relative location of any dot modi?es the behavior of the lines and recon?gures the image. An understanding of the total work emerges through exploring different configurations for the dots and noticing the subtle relations between the stimuli locations and the corresponding visual output. www.softwareartspace.com http://www.fractal-recursions.com/ http://nick-koontz.deviantart.com/ Fractal Animation still Fractal art is a form of algorithmic art created by calculating fractal objects and representing the calculation results as still images, animations, and media. Fractal art is usually created indirectly with the assistance of fractal-generating software, iterating through three phases: setting parameters of appropriate fractal software; executing the possibly lengthy calculation; and evaluating the product. Fractal art comes from uses fractal designs. Fractals are any of various extremely irregular curves or shapes for which any suitably chosen part is similar in shape to a given larger or smaller part when magnified or reduced to the same size.[1] There are many different kinds of fractal images and can be subdivided into several groups.

Fractals derived from standard geometry by using iterative transformations on an initial common figure like a straight line (the Cantor dust or the von Koch curve), a triangle (the Sierpinski triangle), or a cube (the Menger sponge). The first fractal figures invented near the end of the 19th and early 20th centuries belong to this group.
IFS (iterate function systems).
Strange attractors.
Flame fractals.
L-system fractals.
Fractals created by the iteration of complex polynomials: perhaps the most famous fractals.
Quaternionic and (recently) hypernionic fractals.
Fractal terrains generated by random fractal processes. Digital Painting Digital Photography Videogames - Second-life platform v. WoW interactive Passive Static Visualization Generator Utility Creativity Tool Medium Informative Functional http://www.wordle.net/ Photoshop Plug-ins Software Art "... utilize[s] the latest tools and software to create extraordinary screen-based experiences. The art is derived from custom code that is written by the artist. In traditional terms, the code represents paint or clay that the artist uses to create. It is molded, tweaked, massaged, layered until the artist is happy with the results of the executed code." Tissue
C.E.B. Reas

The Tissue software exposes the movements of thousands of synthetic neural systems, each represented as a line in the continually changing kinetic image. Interact with the software by positioning the array of stimuli displayed as dots. Changing the relative location of any dot modi?es the behavior of the lines and recon?gures the image. An understanding of the total work emerges through exploring different configurations for the dots and noticing the subtle relations between the stimuli locations and the corresponding visual output. www.softwareartspace.com http://www.fractal-recursions.com/ http://nick-koontz.deviantart.com/ Fractal Animation still Fractal art is a form of algorithmic art created by calculating fractal objects and representing the calculation results as still images, animations, and media. Fractal art is usually created indirectly with the assistance of fractal-generating software, iterating through three phases: setting parameters of appropriate fractal software; executing the possibly lengthy calculation; and evaluating the product. Fractal art comes from uses fractal designs. Fractals are any of various extremely irregular curves or shapes for which any suitably chosen part is similar in shape to a given larger or smaller part when magnified or reduced to the same size.[1] There are many different kinds of fractal images and can be subdivided into several groups.

Fractals derived from standard geometry by using iterative transformations on an initial common figure like a straight line (the Cantor dust or the von Koch curve), a triangle (the Sierpinski triangle), or a cube (the Menger sponge). The first fractal figures invented near the end of the 19th and early 20th centuries belong to this group.
IFS (iterate function systems).
Strange attractors.
Flame fractals.
L-system fractals.
Fractals created by the iteration of complex polynomials: perhaps the most famous fractals.
Quaternionic and (recently) hypernionic fractals.
Fractal terrains generated by random fractal processes. Digital Painting Digital Photography Videogames - Second-life platform v. WoW interactive Aesthetic perform a function fun Aesthetically pleasing Digital Art Software Static Dynamic Cool Interactive Visualization Generator Passive Relationships software used as the.... artwork is... relate to artwork as... experience of artwork is... Fixed? Generative Collaborative Artificial Intelligence Machine Human Distributed Systems Autonomous Computing Software as Platform
Full transcript