Tuesday, September 9, 2008

Bound By Law

http://www.law.duke.edu/cspd/comics/zoomcomic.html

Bound by Law is a comic book developed by Keith Aoki, James Boyle, and Jennifer Jenkins from the center for the study of the public domain at Duke University. The comic starts off with a person who resembles the crypt keeper, this goes along with the idea of people today fearing copyright laws.
Akiko is then introduced as a film maker who is trying to make a documentary on a day in the life of New York city. Since New York is such broad canvas she decides that she would let the city speak for itself by taking video footage of it to put in her documentary. She would go around the city capturing good footage like the Broadway theaters, art galleries, jazz musicians, and subway graffiti. All the things that would accurately show the many aspects of New York city. The only thing that Akiko feared was whether she had to clear rights before putting her footage in her documentary since all creative works are automatically copyrighted. She finds out the only way she can use the material is if it is in the public domain which is comprised of material on which copyright never existed or has expired and, hence, can be freely used by the public at large. She then finds out that there is another way she can use copyrighted material and that is if it is considered fair use. Fair use is an exception to the copyright laws that allows use of parts of copyrighted material for a variety of purposes as long as the use does not exceed the boundaries of a four-factor test the law established.
While making her documentary she encounters what anyone probably would. Akiko realizes everywhere she goes there is copyrighted or trademarked material. Things like music from a radio, a program on a televison, or a logo at a sporting event are the things that can easily get her sued for copyright infringement. Akiko needs to find out whether her material is in the public domain or if it is protected, and if it is protected, can her use of it be covered under fair use. One way Akiko can make her documentary is if she gets a creative commons license. This means that her documentary can only be used for non commercial use.

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