Media Policy & You: Crash Course Media Literacy #9

Summary

The video script explores the complex intersection of media sharing, copyright laws, and the internet. It delves into the evolution of media-related laws to keep pace with technological advancements, highlighting the importance of understanding intellectual property rights, fair use, and public domain. The script also discusses the challenges posed by modern practices like sexting and online privacy, emphasizing the need for vigilance in the digital age to protect personal information and respect others' creative works.

Takeaways

• 📚 The concept of everyday internet culture, such as sharing memes and videos, often overlooks the legal implications of copyright infringement.
• 🖼️ Copyright laws grant creators exclusive rights to their works, but 'fair use' allows for some unauthorized use under specific conditions.
• 🧐 Fair use is determined by four factors: the purpose of the work, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.
• 🎵 Works like facts and news articles are more likely to be used under fair use, whereas creative works like movies and songs are more restricted.
• 🕰️ The Digital Millennium Copyright Act (DMCA) was enacted to address copyright issues in the digital age, allowing copyright holders to claim against digital content.
• 🎬 The internet has challenged traditional media laws, creating a need for legal adaptation to new technologies and sharing practices.
• 🤳 Sexting among teenagers raises legal concerns due to laws against child pornography, which can lead to severe consequences.
• 📏 The distinction between public and private online spaces is often unclear, leading to grey areas in privacy laws and law enforcement's access to personal data.
• 🌍 The European Union's General Data Protection Regulation (GDPR) is a significant step towards strengthening online privacy rights.
• 🔍 As technology advances, it's crucial to stay informed about legal regulations, data sharing, and the potential impact of our online activities.
• 🌐 The evolution of media and technology continues to challenge and reshape our understanding of intellectual property, privacy, and legal responsibilities.

Q & A

What is the main issue discussed in the script regarding sharing content online?

The main issue discussed is the legal implications of sharing content online, such as GIFs, memes, and videos, and the potential copyright infringement that can occur without proper understanding of intellectual property laws.

What does copyright law grant creators?

Copyright law grants creators the exclusive rights to their creations, allowing them to copy, modify, distribute, or publicly display their works as they wish. Others need to obtain permission to use copyrighted works.

What is the concept of fair use, and how does it transform a work?

Fair use allows the public to use others' copyrighted works without permission, provided that the use transforms the original work in some way, such as for educational purposes, criticism, commentary, research, or scholarship.

What are the four factors courts use to determine if a use is fair?

The four factors are: 1) the purpose and character of the work, 2) the nature of the copyrighted work, 3) the amount of the piece used from the copyrighted work, and 4) the effect of the use on the market for the copyrighted work.

What is the public domain, and how does it relate to media works?

The public domain is the set of all works whose copyright has expired and are free to use by anyone. Characters like Robin Hood and Sherlock Holmes are examples of works in the public domain.

How did the internet impact the traditional views on copyright and intellectual property?

The internet allowed for faster copying, sharing, and distribution of media, challenging the status quo and leading to the need for laws like the Digital Millennium Copyright Act (DMCA) to address these new challenges.

What is the DMCA, and how does it affect digital content?

The DMCA is a law that gives copyright holders the ability to make claims against content on digital platforms, leading to content takedowns for infringing uses, such as when a YouTube video is removed due to an 'infringing content claim'.

How does the concept of fair use apply to a fan-made video montage using clips from a TV show and a popular song?

The fair use of the video clips may pass if they are short and transformative, but using the entire song without transforming it in a significant way would likely not be considered fair use, as it could compete with the market for the original song.

What is 'sexting' and why is it a legal issue?

'Sexting' is the act of sending sexually explicit images or messages, often between individuals in a relationship. It becomes a legal issue because under U.S. law, any visual depiction of explicit content involving someone under 18 is considered child pornography, leading to potential charges for both producers and recipients.

How do traditional privacy laws struggle to keep up with the digital age?

Traditional privacy laws struggle to define what constitutes private information online, as well as when and how law enforcement can access personal data stored on devices and online platforms. The rapid advancement of technology has outpaced the development of these laws.

What is the General Data Protection Regulation (GDPR) and how will it impact online privacy?

The GDPR is a European Union regulation that strengthens data protection and privacy rights for individuals within the EU. It includes the 'Right to be Forgotten,' allowing individuals to request the deletion of personal data. Global corporations are expected to apply similar standards worldwide to maintain compliance.

What advice does the script offer for navigating the legal landscape of new media?

The script advises individuals to stay informed about the data they share online, be cautious about downloading or sharing others' work without permission, and to understand that their words and images can have legal implications.

Outlines

00:00

🤔 Understanding Copyright and Fair Use

This paragraph delves into the complexities of copyright and fair use in the context of everyday internet culture. It starts by questioning the legality of sharing content found online and introduces the concept of copyright, which grants creators exclusive rights to their work. The notion of fair use is explained, highlighting its role in allowing the public to use copyrighted material without permission under certain circumstances. The four factors used by courts to determine fair use are outlined: the purpose and character of the work, the nature of the copyrighted work, the amount of the piece used, and the effect of the use on the market for the copyrighted work. The paragraph also touches on the challenges posed by the internet to traditional media corporations and the introduction of the Digital Millennium Copyright Act (DMCA), which provides copyright holders with the ability to claim against digital content.

05:02

📸 Navigating the Legalities of New Media

This segment explores the intersection of media laws and new technologies, focusing on the challenges that arise when existing legal frameworks are applied to modern media practices. It discusses the concept of 'sexting' and the legal grey areas surrounding it, particularly in relation to child pornography laws. The segment also addresses the issue of online privacy, questioning what constitutes private information in the digital age and the implications for law enforcement accessing personal data. The introduction of the European Union's General Data Protection Regulation (GDPR) is mentioned as a significant step towards enhanced online privacy protection, with global implications due to its impact on multinational corporations.

10:07

🌐 Staying Aware in the Digital Age

The final paragraph emphasizes the importance of staying informed and vigilant in the rapidly evolving digital landscape. It encourages individuals to be mindful of the data they share online and to understand the potential legal implications of downloading or sharing copyrighted work. The paragraph also highlights the significance of being conscious of the impact our words and images can have. It concludes with a teaser for the next episode of the series, which will explore the darker side of media, including propaganda and misinformation, and acknowledges the production team and supporters behind the series.

Keywords

💡Copyright

Copyright is a legal right that grants creators of media exclusive rights to their creations, allowing them to control how their works are copied, modified, distributed, or displayed. In the context of the video, copyright is essential for creators to earn money and receive credit for their work. However, it's not an absolute monopoly, as the concept of fair use allows limited use of copyrighted material without permission under certain conditions, such as for educational purposes or commentary.

💡Fair Use

Fair use is a legal doctrine that permits the use of copyrighted material without obtaining permission from the rights holder under specific circumstances. It allows for the public to exercise their First Amendment rights by using others' works in a transformative way, such as for criticism, commentary, research, or educational purposes. The video explains that there are four factors courts consider when determining if a use is fair, including the purpose and character of the work, the nature of the copyrighted work, the amount used, and the effect on the market for the copyrighted work.

💡Public Domain

Public domain refers to the collection of all works whose copyright has expired, making them free to use by anyone without restriction. Works in the public domain include classic literature, movies, and characters like Robin Hood and Sherlock Holmes. The video highlights public domain as one of the three pillars of intellectual property in everyday media, alongside copyright and fair use, and how it allows for unrestricted adaptation and distribution of creative works.

💡Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that criminalizes the production and dissemination of technology that can circumvent copyright protection measures. It also gives copyright holders the ability to make claims against content on digital platforms, leading to content takedowns if deemed infringing. The DMCA reflects an attempt by lawmakers to adapt to the challenges posed by the internet and digital media, though it has been controversial in its application and effects on freedom of expression and innovation.

💡Intellectual Property

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. It includes copyrights, patents, trademarks, and trade secrets, and is legally protected to encourage innovation and creativity. In the video, intellectual property is discussed as a critical aspect of media economy and everyday internet culture, with the interplay between copyright, fair use, and public domain forming its three pillars.

💡Sexting

Sexting is the practice of sending sexually explicit photos or messages, often using a mobile device. While it has become a common method of communication among young people, it raises significant legal issues, particularly when it involves individuals under the age of consent. In the United States, the production, possession, or distribution of explicit content involving minors is considered child pornography, which carries severe legal penalties. The video discusses the legal grey area surrounding sexting between teenagers and the need for laws to adapt to modern communication practices.

💡Privacy

Privacy refers to the state or condition of being free from being observed or disturbed by other people. In the context of the internet and online activities, privacy concerns the access, collection, and sharing of personally identifiable information. The video highlights the complexities of privacy in the digital age, where traditional notions of what is public or private are challenged by social media and other online platforms. It also touches on the implications of privacy laws for law enforcement's access to digital data.

💡General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a European Union law that imposes strict rules on how companies handle the personal data of EU citizens. It grants individuals greater control over their personal information and the right to have their data erased under certain conditions, known as the 'Right to be Forgotten'. The GDPR has significant implications for multinational corporations and is expected to influence data protection practices globally. The video mentions the GDPR as a response to the challenges of protecting privacy in the digital age.

💡Media Literacy

Media literacy is the ability to access, analyze, evaluate, and create media in a variety of forms. It involves understanding how media influences culture and politics, how to critically evaluate information sources, and the ethical and legal implications of media production and consumption. In the video, media literacy is central to understanding the complex issues surrounding copyright, fair use, privacy, and the legal challenges posed by new media technologies.

💡Cyberbullying

Cyberbullying is the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. It is a form of harassment that takes advantage of the anonymity and reach provided by digital platforms and social media. The video touches on cyberbullying as one of the serious challenges that the legal system faces in the context of online lives, highlighting the need for awareness and education on media literacy to combat such issues.

Highlights

The exploration of everyday internet culture and its potential legal implications, such as sharing GIFs or memes.

The concept of copyright and its role in the media economy, providing creators exclusive rights to their work.

Fair use as a legal doctrine allowing the public to use copyrighted works without permission under certain conditions.

The four factors courts use to determine whether a use is fair, including purpose, nature, amount used, and market effect.

The public domain as a collection of works whose copyright has expired, making them free to use.

The impact of the internet on traditional media and the challenges it poses to copyright holders.

The Digital Millennium Copyright Act (DMCA) and its role in addressing copyright issues in the digital age.

The example of creating a montage video using copyrighted material and how to determine if it's fair use.

The complexities of 'sexting' and its legal challenges, especially for teenagers in relationships.

The tension between federal and state laws regarding 'sexting' and the potential consequences for young people.

Online privacy concerns and the challenges of defining what is public and private in the digital space.

The role of law enforcement in accessing personal data and the grey areas surrounding these practices.

The General Data Protection Regulation (GDPR) in the European Union and its implications for online privacy rights.

The importance of being vigilant about data sharing and the potential long-term effects of our online activities.

The need for laws and regulations to keep pace with technological advancements and their impact on society.

Transcripts

Have you ever shared a GIF from your favorite movie or Instagrammed some meme you found online?

In that moment, did you ever think about where that content came from and if you were allowed to use it?

Did you consider that it may actually be illegal to share it?

Or at least in some legal no man’s land?

Probably not, and it’s ok, we’re not calling the cops on you.

A lot of what we consider everyday internet culture – retweets and memes and viral videos – is built on this kind of casual, everyday sharing.

We forward links and remix photos and songs...

But what happens when what we’re sharing is someone else’s property?

Or could harm somebody?

The internet gave tons of people access to tools for communication and media creation.

But it also opened up many legal loopholes and muddied the waters of rights and regulations.

In our last episode, I talked all about the big, macro companies that rule our media world.

Today we’re focusing on how new media is changing our real world lived experiences, down to the letter of the law.

[Theme Music]

The media economy is ruled by profits, yes, but also by the governments and industry organizations who set out to regulate it.

Just as the big media companies need to follow certain rules, so do media consumers (that’s you).

Over the past few years many media-related laws have had to adapt dramatically to changing times and incredible leaps in technology.

One such law you’ve probably heard a lot about is copyright.

Copyright gives creators of media the exclusive rights to their creations.

They can copy, modify, distribute, or show off their works however they want.

Others need to get permission to use them.

This helps creators make money from and get credit for their work.

But a copyright isn’t a total monopoly on a work.

Thanks to the notion of fair use, the public can exercise its first amendment rights by using others’ work without permission.

That is, as long as it transforms the work in some way.

In fact, there are four factors courts use to determine whether a use is fair.

First is the purpose and character of the work.

Many educational uses of media, like showing a film in class, are protected under fair use because they’re not for commercial purposes.

Other protected uses are criticism, commentary (like parody), research and scholarship.

Second is the nature of the copyrighted work.

Copyright law is meant to encourage creative expression.

You can’t copyright facts, but you can copyright something you imagined.

Creative media like a movie or a song, something that takes imagination, is more difficult to use fairly.

But with fact-based media, like news articles or a documentary, there are more options for fair use, like education or parody.

Third is the amount of the piece used from the copyrighted work.

If the use employs a tiny proportion of the copyrighted work, it’s more likely to be deemed fair.

Fourth is the effect of the use on the market for the copyrighted work.

So, streaming a bootleg version of Titanic isn’t fair, because it directly competes with lawful streaming services.

But your version of Titanic that replaces all the characters’ voices with chipmunk sounds –

that’s unlikely to “compete” for the attention of people looking to watch the original.

But, Fair Use isn’t the only way that media is allowed to be adapted by the public.

There’s an expanse of media works that are available in the public domain.

This is the set of all works whose copyright has expired and are free to use by anyone.

Characters like Robin Hood and Sherlock Holmes are in the public domain.

So between Copyright, Fair Use, and Public Domain – you have the three pillars of Intellectual Property in everyday media.

Seems pretty cut and dry, right?

Well, it kinda was before the internet.

Before many more people had the ability to use copyrighted material at the speed of light.

During the 1990s, established media corporations, like the music industry, began to get real upset about the way the internet was challenging the status quo.

Media was getting copied and shared and moved around faster than ever before – and they wanted to stop it.

This all culminated in the 1998 Digital Millennium Copyright Act or DMCA.

You might have heard of the DMCA.

It does a LOT of things, but one obvious thing it does is give copyright holders the ability to make claims against content on digital platforms.

In fact, once it was enacted, The Record Industry Association of America even targeted young internet users who downloaded copyrighted materials with lawsuits.

And if you’ve ever seen a YouTube video vanish beneath an “infringing content claim” – that’s thanks to the DMCA.

So in this brave new world of digital media and pop music anime lip sync mashups, how DO you know if your use is fair?

Let’s head into the Thought Bubble to find out.

Let’s say you want to make a montage video of your two favorite characters from your favorite TV show: Archie and Veronica from Riverdale.

(Apologies to Barchie or Beronica shippers.)

You pull together cute clips from the show and pop on your favorite Taylor Swift song – Love Story, obvs – in the background.

Now is it fair use?

First step: what’s the purpose and character of your work?

Your purpose is to get all the likes, but also to prove that Varchie is the OTP.

You’re not in it for the money and the video itself is commentary on Riverdale.

Ok, that could pass.

Second: what’s the nature of the copyrighted work?

The TV show and the song are definitely creative and not fact-based, so yeah, that’s a strike.

Like I said, it’s harder to use an imaginative work like a movie or a song.

Third: How much did you use of the show and the song?

You definitely only used clips of the show, a couple of seconds each of a whole season of TV.

That would probably get a pass.

But you did use the whole song – that’s not cool.

Strike two.

Finally: what effect would your work have on the market for the works you used?

Since someone couldn’t reasonably watch your clip video instead of watching the full Riverdale series on TV, that’s probably fair use.

But someone could just listen to your video instead of buying that Taylor Swift song.

Sorry, no matter how perfectly “Love Story” encapsulates Archie and Veronica’s relationship, you’re not transforming the song.

In fact, you’re using it in a pretty normal way, like in a movie – except movies pay to use a song on the soundtrack.

So while the montage of clips you made may be transformative, the use of the song wouldn’t be considered fair use.

As you can see, the notion of “fair use” isn’t cut and dry.

It’s like a puzzle that changes for every person who tries to solve it.

Thanks Thought Bubble!

The thing that makes the DMCA, and intellectual property generally, interesting is that it shows laws trying to play catch up with how media has changed due to technology.

And many of the old definitions and approaches start to grind when used in this new media ecosystem.

Some challenges to media laws are more high-stakes than Taylor Swift montages.

Get your giggles out now, kids, cause I’m about to talk to you about “sexting.”

So. Urban Dictionary defines “sexting” as...oh. Oh my. Ah.

Let’s just say that sexting is like...when two people really like each other, and so one of them draws the other naked.

Now they have that drawing, and when they look at it...they uh – you get what I’m saying.

It’s no surprise that nowadays, young people might use their phones to “communicate” in relationships, rather than paper and charcoal.

The only problem is: what about the law?

First. Most states in the US define the age of consent.

If two teenagers above the age of consent want to meet up in the back of a car – there’s nothing illegal about that.

BUT in the US there are also laws against the production, possession, or distribution of child pornography –

ANY visual depiction of explicit content involving someone under 18.

Good laws. Important laws. Super important and good laws.

The problem comes from figuring out what happens when the legal sexual relationships between two teenagers –

over the age of consent, but still under 18 – when those relationships start to involve, you know, sexy pictures.

Because technically – according to U.S. law – that can be classified as child pornography,

and there are already many examples where young people have been charged as such.

And these laws are meant to protect children from sexual abuse.

Federal laws carry mandatory minimum sentencing of five years in prison and registry as a sex offender for related charges.

These are huge consequences!

Because of this, some states have recognized sexting as a widespread practice and have reduced charges accordingly.

But there’s still a grey area, however, between federal and state laws and local jurisdictions

– including whether police are allowed to search a teen’s phone.

The point is, these are laws that were made before our current media moment, colliding with what has become everyday practice.

And the outcome often comes down to a discussion or a judgement call – often by people who are, let’s say, not the most plugged in with “kids these days.”

It might not be the most fun to talk about.

But these gaps – between current media practices and traditional laws – are already impacting people’s lives.

From copyright laws to sexting and cyberbullying, our online lives have posed some serious challenges to our legal system.

And many of these questions are still up for debate.

But maybe none of these have been as tough to deal with as the issue of online privacy.

Privacy refers to the access, collection and sharing of personally identifiable information.

Online that includes our browsing habits and history, plus the personal information we share with all the websites and apps we use.

Traditionally, privacy has determined what information was allowed to be used in court cases.

Some private information was protected from unlawful search and seizure.

But of course, the internet threw a wrench in that, too.

If you use a social media in the public setting, where anyone can access your posts, is that public or private?

What about if you use the app in a private setting, for just your friends and family?

What if you share your private thoughts on an anonymous, public blog?

On top of these shifting notions about what constitutes privacy online, protections for accessing that data are even less clear.

When and where law enforcement can request or demand access to phones, computers and social media accounts is often a grey area.

And when they do, what are their rights to privacy?

Gen Z will be the first generation to live their lives on smartphones from such a young age.

Think of all the data they’re sharing about themselves before they’re able to walk home alone, let alone drive or vote.

Will that data follow them around, forever?

How would you feel if your first AIM screen name or all the Snapchats from your awkward years followed you around forever?

One response to this problem will take effect in Europe in May 2018.

The European Union’s General Data Protection Regulation (or the GDPR for short) is a big, big deal.

This legislation will impact all of the European Union, affording a stricter right to protect yourself online.

Part of this law, the Right to be Forgotten, will make it easier to get rid of personal information that’s been collected about you and make clear what that data is, too.

But since this legislation affects multinational corporations like Google and Facebook, the ramifications won’t be stuck on the other side of the pond.

The industry titans are expected to follow suit across the globe to ensure they remain compliant.

Clearly, we’ve entered a new paradigm where our technology is outpacing legislation.

As laws and regulations continue to develop around our fast-paced digital world, the only solution is to stay vigilant.

Know what data you’re sharing.

Be careful of downloading or sharing others’ work online.

And remember that your words and your images have meaning, and can be used against you.

Next time on Crash Course: Media Literacy we’ll talk all about how bad actors can use those vulnerabilities against us through propaganda and misinformation.

You’ll need the skills we learned today to dive into the dark side of media.

Until then, I’m Jay Smooth. See you next time.

Crash Course Media Literacy is filmed in the Dr. Cheryl C. Kinney Studio in Missoula, MT,

and it’s made with the help of all of these nice people and our animation team is Thought Cafe.

Crash Course is a Complexly production.

If you wanna keep imagining the world complexly with us, check out some of our other channels like SciShow, Animal Wonders, and The Art Assignment.

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