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Showing posts with label creative industries. Show all posts
Showing posts with label creative industries. Show all posts

Saturday, 2 May 2009

Creative Commons (CC) "non-commercial" - your views?





If you want to give your views to Creative Commons, you have till 5 May to fill in their questionnaire asking users of creative works about their use of creative content and what they think "noncommercial" means. They say it should take 15-25 minutes to complete, I'd allow for longer.

Their previous survey, aimed at creators rather than users, was meant to ask the same of creators (with focus groups, even) - but the slides reporting on its results seem to have more information about the creators than about their use and views on "non-commercial" licences.

These surveys are all part of a CC study to "explore differences between commercial and noncommercial uses of content... how the definitions of “commercial use” and “noncommercial use” are understood among various communities and in connection with a wide variety of content."

For those not familiar with Creative Commons, the Creative Commons licences are an innovative way of dealing with copyright in creative works in the digital age, enabling artists to share their works and allow others to build on them (e.g. sampling / mixing).

If you want to let others use your work, you can apply a Creative Commons licence to it.

Several flavours of CC licences allow "noncommercial" use only, e.g. require that the work is free for private use only, but anyone who wants to make commercial use of the work must get permission from the creator (which, normally, the author/composer/creator would be prepared to give provided they get paid a fee or cut of the gross or net profits earned by the person who wants to use it commercially - the details of course would be up for negotiation).

However, one big problem is that there's been (and still is) a lot of uncertainty about what exactly is meant by "commercial use" vs "nonc0mmercial use".

For instance, if you sell a magazine that reproduces my blog post in full and my blog has a noncommercial licence (which it does), I think it would clearly be a breach of my CC licence if you didn't get my permission first, and I could sue you for it.

Similarly, if you set up a blog or site that solely consists of blog posts from other people's blogs, and you run ads on your site, I'd say that was clearly for a commercial purpose, and you should get their permission - particularly if you included their posts in full. I've had a few blogs taken down that did that with my posts.

I'm less sure what the position would be if you only included short extracts from other people's posts or websites or other writings, though I still tend to think it would be "commercial" if your site has ads.

(If you just copy a small extract maybe it's not even an issue needing my permission under the licence, because it could be "fair use" or "fair dealing", which is where even though it is strictly a breach of my copyright, the law gives you a let out if it was a particular kind of use e.g. criticism or review, depending on the details of the law of the country you're talking about. But that's a different, though related, minefield.)

What if you have a blog with your own original content reflecting your own original thoughts and original writings, and you quote a bit from one of my posts for the purpose of commenting on my post, but you had ads on your blog? Personally I wouldn't mind you doing that (yes, even if it's a negative comment) - but whether that would be "commercial" use by you, I'm just not sure - you're running ads, so it's probably safest to ask for permission first, just in case. A lot may depend on how much you quote, e.g. if you quote the whole post just for AdSense fodder and that's the real purpose behind it, I wouldn't be happy. It's a grey area, and very unsatisfactory.

There were even Draft Guidelines on noncommercial use posted by CC for discussion purposes only, looking at some of the uncertainties. Sadly, they've been taken down pending the outcome of this study (pity, I thought they were helpful and surely a big disclaimer on them would have been enough), but draft example noncommercial use cases are still up, and those interested can find a version of the original draft guidelines on the Internet Archive plus a great flowchart illustrating the original draft guidelines.

Personally, I think that while the CC people do a great job overall, these surveys could have been run in a much better way (perhaps this was down to Netpop who were hired to run the survey). Call it a personal bugbear about surveys or questionnaires that don't have specific deadline dates and times (and timezone) clearly emblazoned on the front of them from the start, but I think that, generally, putting up surveys without any deadlines will not draw in responses from busy people so the results are going to be skewed - indeed, not spelling out deadlines at the start could even be viewed as disrespectful to the people whose time you are asking to give up in order to help you out for free by completing the survey. Asking for survey responses in the run up to the Christmas holiday period (for the first part of the survey last year) won't have helped either. There were comments too (e.g. this one) on the inordinate length of the first survey, which again would have tended to make respondents self-selecting.

All the same, that doesn't detract from the importance of the survey - so do try to answer it if you have time, it should help the CC folks pin down the issues and hopefully produce clearer guidelines or draft licences that spell out more clearly and practically the "noncommercial use" vs "commercial use" divide.

(Aside: Linking to other people's original posts or webpages without quoting anything from them shouldn't get you into trouble on the copyright front, although it could be risky if you link to a post that itself breaches someone else's copyright, or defames someone else - it's all a bit tricky.)

Wednesday, 3 October 2007

User generated content in TV, film & design - Channel 4 free seminar





It's fascinating and telling that the user-generated content (UGC), often ad-funded, business model spawned by the internet is now seen as a possible viable model for more traditional media industries too, like movies / cinema - so much so that Channel 4 are hosting a free seminar on it: "Formally [sic] known as the audience... - the power of collaboration", Tuesday 20 November 2007, 6 to 9 pm.

Quoting from the Own-It page on the event:

"The next generation of customers will be more active and creative in building content. Can this be harnessed to build new business models to benefit both? But how does this work and what benefit is it for the customer to contribute to design?
- Can a profitable business model be built on sharing and collaborations?
- Should the customer be paid for their contribution?
- What rights do they have?
- Can it produce a better product?
In this seminar we will look at new collaborative business models in which the customer/audience and creative business work together to produce content across TV, Film and Design."

It's not just the content of the seminar which seems interesting. It's also their panel line-up of "new media" people - including Paula Le Dieu of Magic Lantern, who's been closely involved with Creative Commons, and Stefan Magdalinski of Moo Design, purveyors of the British geek's choice of business card or so it seems from the geek events I've attended.

If you register on Own-It (it's free to register and pretty much instantaneous), you can then book a place for free - but best sign up fast, I imagine places will be going quickly for this as creative meejah types as well as geeks and entrepreneurs will be interested (not that any of those three are mutually exclusive, of course).

Sunday, 16 September 2007

Accelerator - grow your startup: free event October





Are you an entrepreneur involved in a Web 2.0 or other tech startup, or indeed any other creative business start-up, and seeking equity investment for your new (ish) enterprise? I thought this post might be especially appropriate after some of the discussion at the Girl Geek Dinner on Tuesday night.

If you're in a London-based early stage business with an established business plan, knowledgeable management, and "high growth potential," and you're seeking equity finance, then you might be interested in the GLE's Creative Business Accelerator programme - a free award-winning programme providing training, support and advice to help high potential innovative businesses in London to grow and make themselves attractive for equity investment

Funders include the City of London and support for this free programme was recently announced from Google, Oracle and BT and other supporters include the Design Council and the Institute of Chartered Accountants.

This is the 4th year of the Accelerator Programme and there will be free awareness events to find out more about the programme, starting 3 October 2007 18.00-20.00 at Central St Martins College, London (more dates and venues).

70 companies will be selected (through an application process) to attend a one day workshop in November 2007. The application process and criteria will be explained at the awareness events: "This day-long workshop will give invaluable advice from experts on investment readiness and sources of funding."

Of those 70, the 15 highest potential companies will be awarded a place on an intensive support programme, which includes individual assessment of their business, personal mentoring, and a programme of skills-focused workshops delivered by professional experts and investors, all at no charge. The companies that successfully complete the programme will attend and present their business at their Investment Marketplace Event in May 2008, attended by both VCs and business angels.

Email l.law@csm.arts.ac.uk to register for a free place at the first awareness event, or Angela Pugh at nfo@cbaccelerator.co.uk or angela.p@gle.co.uk for further details.

Would-be Web 2.0 start-ups would by the way do well to consider Jyri Engeström's excellent 5 principles for Web 2.0 success. They may also be interested in:

Via ECCA.

Tuesday, 28 August 2007

Creative enterprises: free e-book "T-Shirts and Suits" download





The book "T-Shirts and Suits - A Guide to the Business of Creativity" is available for download as a PDF, free for personal use under a Creative Commons BY-NC-ND licence.

It's by David Parrish, who works as a business consultant to the "creative industries" or "cultural industries" - defined as including advertising; architecture; the art and antiques market; crafts; design; designer fashion; film and video; interactive leisure software; music; the performing arts; publishing; software and computer games; and television and radio.

The book provides help, guidance on best practices and general advice for start-up or growing creative businesses under topics such as marketing, intellectual property, finance, competition and leadership, including 11 interesting "Ideas in action" case studies, under the chapter headings:
1. Creativity and Business
2. Know Yourself
3. Keeping a Lookout
4. The Magic of Marketing
5. Dealing with Competition
6. Protecting your Creativity
7. Counting your Money
9. Leadership and Management
10. Business Feasibility
11. Your Route to Success.

The book was first published in paperback in 2005 and has had some truly excellent endorsements and reviews, having been called "essential", "very useful", "practical", "inspirational" and more (e.g. see the Amazon reviews). It certainly is an easy read, a lot more jargon-free than many management books. Much of it appears to be "common sense" to me, but often a down to earth "back to basics", practical approach is exactly what's needed in terms of a how-to manual. And the case studies are instructive and helpful. Its RRP is £15 for the paperback, so if you're a would-be entrepreneur in a creative field, the e-book is well worth a download and read.

The PDF is just under 2 MB (117 pgs) and you can download it from: ECCA or David Parrish's site. Or buy the paperback if you prefer: T-shirts and Suits: A Guide to the Business of Creativity.