Digital Media 101: Digital Media Foundations - Remix Culture and Copyright Creative Commons Fair Use Mashups

What It Is

Remix Culture and Copyright is a digital media phenomenon where users create new content by combining existing works, often under the umbrella of Creative Commons licenses, Fair Use, or Mashups. A notable example is the "OK Go - This Too Shall Pass" music video (2010), which features a Rube Goldberg machine created by fans and incorporated into the official video. This matters for understanding digital culture, as it highlights the tension between copyright laws and user-generated content, showcasing the evolving nature of intellectual property in the digital age.

Key Terms & Concepts

• Remix Culture: The practice of reusing and recombining existing cultural artifacts, such as music, images, or videos, to create new works.
  • Example: The music group Girl Talk's album "Feed the Animals" (2008), which features a mix of over 300 songs from various artists.
• Creative Commons (CC): A non-profit organization that provides free licenses for creators to share their work while retaining some rights.
  • Example: The CC BY-NC-SA license, which allows users to share and adapt work for non-commercial purposes.
• Fair Use: A doctrine in copyright law that permits limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
  • Example: The use of copyrighted images in a parody or satire, such as the "Saturday Night Live" sketch "More Cowbell" (2000).
• Mashup: A work that combines elements from two or more existing works, often in a new and creative way.
  • Example: The music group The Kleptones' album "A Night at the Hip Hopera" (2005), which features a mashup of hip-hop and classical music.
• Sampling: The practice of taking a portion of a copyrighted work and incorporating it into a new work.
  • Example: The use of a sample from the song "Amen, Brother" by The Winstons in the song "Fight the Power" by Public Enemy (1990).
• Derivative Work: A new work that is based on or derived from one or more existing works.
  • Example: The creation of a sequel or prequel to a movie or book.
• Intellectual Property (IP): Intangible assets, such as copyrights, trademarks, patents, and trade secrets, that are protected by law.
  • Example: The trademark "Apple" for the technology company.
• Public Domain: Works that are no longer protected by copyright and can be used freely.
  • Example: The works of William Shakespeare, which are in the public domain.
• Open-Source: A software development model that allows users to access, modify, and distribute the source code.
  • Example: The Linux operating system.
• Copyleft: A license that requires any derivative works to be distributed under the same license.
  • Example: The GNU General Public License (GPL).
• Fair Dealing: A doctrine in copyright law that permits limited use of copyrighted material without permission for purposes such as research, criticism, or review.
  • Example: The use of copyrighted images in a scholarly article or book review.
• Transformative Use: A use of copyrighted material that adds value or insight to the original work.
  • Example: The use of a copyrighted image in a parody or satire.

Common Misunderstandings

• Misunderstanding: Remix culture is only about music.
• Correction: Remix culture encompasses a wide range of creative works, including music, images, videos, and literature.
• Misunderstanding: Creative Commons licenses are the same as public domain works.
• Correction: Creative Commons licenses allow creators to retain some rights while sharing their work, whereas public domain works are no longer protected by copyright.
• Misunderstanding: Fair Use only applies to non-commercial uses.
• Correction: Fair Use can apply to both commercial and non-commercial uses, as long as the use is transformative and does not harm the market for the original work.

Quick Application / Identification

Scenario: A student wants to use a copyrighted image in a presentation for a class project. The image is not transformative, but it is used for educational purposes. What is the best course of action?

Answer: The student should use a Creative Commons licensed image or seek permission from the copyright holder. Explanation: Fair Use may not apply in this case, as the use is not transformative, and the student should respect the copyright holder's rights.

Last-Minute Revision

• The "Right to be Forgotten" is a European Union law that allows individuals to request the removal of personal data from search engine results.
• The Creative Commons license CC BY-NC-SA allows users to share and adapt work for non-commercial purposes.
• The doctrine of Fair Use permits limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
• The music group Girl Talk's album "Feed the Animals" (2008) features a mix of over 300 songs from various artists.
• The GNU General Public License (GPL) is a copyleft license that requires any derivative works to be distributed under the same license.
• The term "Derivative Work" refers to a new work that is based on or derived from one or more existing works.
• The concept of "Transformative Use" refers to a use of copyrighted material that adds value or insight to the original work.
• The Open-Source software development model allows users to access, modify, and distribute the source code.
• The term "Intellectual Property (IP)" refers to intangible assets, such as copyrights, trademarks, patents, and trade secrets, that are protected by law.
• The public domain refers to works that are no longer protected by copyright and can be used freely.
• The term "Mashup" refers to a work that combines elements from two or more existing works, often in a new and creative way.
• The doctrine of Fair Dealing permits limited use of copyrighted material without permission for purposes such as research, criticism, or review.