What is Legal and Ethical in Remixing?
Point out that the examples in the video are featured in order of how much they rely on pre-existing works, from Edits such as “Garfield Minus Garfield” (made entirely from one existing work) to Mosaics such as “Star Wars” (which draw on elements from many different works, but do not use any directly.) Point out that the more a remix uses existing works, the more it has to change them in a meaningful way to make a new work. For instance, removing a minor character from a story probably wouldn’t change it enough to really make it new, but taking out one of the main characters – as in “Garfield Minus Garfield” – changes it significantly.
Ask students whether or not they think it’s legal or ethical to do a remix without getting permission from the owners of the existing works. Again, let students share their opinions but don’t give any definitive answers. Most will probably feel that a Mosaic is legal and ethical in most cases (though some may be surprised at how directly Lucas lifted some of the shots in “Star Wars”), while opinions will likely differ about the legal and ethical status of the other categories.
Ask students what they already know about concepts like copyright, trademark and the public domain. Have them access the student chapter Copyright and the Public Domain and have them complete the interactive activites. (You can also choose to do this as a whole-class activity.) Ask them if they were surprised by anything they learned.
Next, have students access the student chapter Copyright Basics, go through the information wall and complete the questions in the structure strip. Make sure they understand that they can search the information wall using the search bar at the top.
When students have finished answering the questions, have them pair with a partner to share their answers to the last question and brainstorm other possible “best practices” of ethical remixing.
Take up the questions using the Copyright Basics – Teacher’s Version backgrounder. Use your students’ answers to question 10 to develop a master list of “Best Practices for Ethical Remixing” which you write on the board and have students record in their notebooks. (Remin them that these best practices are in addition to their legal obligations under the Copyright Act.)
Their answers should look something like these:
Give one example of real property and one of intellectual property not listed in the article.
Examples of real property: food, clothes, cars, electronics, etc.
Examples of intellectual property: music, the content of a book, a film, a video game, etc.
Give two examples of derivative works not listed in the article.
Examples: a sequel or prequel to a story; a remix of a song; a toy of a copyrighted character; any adaptation of a work to another medium.
Give two examples of works that are in the public domain.
Examples: Shakespeare and other pre-modern playwrights; most folk and classical music; stories and characters from mythology. However: a new translation or adaptation of any of these could be copyrighted, and a new recording of folk or classical music would be copyrighted. (Also, some folk and “classical” music does have known authors and is under copyright. Don’t assume it’s in the public domain!)
Give an example not listed in the article of a common activity that is considered Fair Dealing.
Examples: quoting from a work in an essay; using quotes or clips in a review; creating a parody of a work (such as in Mad magazine – though many parody artists, such as Weird Al Yankovic, do get permission from the copyright owners); reading aloud from a copyrighted work, performing a copyrighted play, or creating a dance set to copyrighted music within a classroom (not for an audience).
How is whether a work is in the public domain relevant to remixing?
Works in the public domain are not under copyright, so you can do anything you like with them. For example, anyone can do a “reboot” of the story of Hercules using all the elements that were in the original Greek myths, but anything that was created for the Disney movie is under copyright.
How are Creative Commons licences relevant to remixing?
Many (but not all) Creative Commons licences allow you to use content for remixing purposes under certain limitations.
How is Fair Dealing relevant to remixing?
Remixing may be considered fair dealing if the remix serves a purpose of education, criticism, satire or parody. For example, “Wes Anderson, The Substance of Style” could be considered as education if it’s used to teach students about film-making, or as criticism (since it’s a critical examination of a particular director’s style – “criticism” does not have to be negative.) “Garfield Minus Garfield” could be considered a parody of the original “Garfield” comics.
For something to be ethical it has to be right as well as legal. For example, taking a work in the public domain and claiming you wrote it would not be illegal, but it would definitely be unethical.
Examples of “best practices” include:
- Use public domain, licensed or Creative Commons material where possible
- Give credit to the sources, creators and owners
- Don’t misrepresent
- Don’t use more than you have to
- Don’t share with more people than you need to
- Do something meaningful (using a song as a soundtrack because you like it isn’t a meaningful remix) and original (your remix should be distinct from the works you used)
If you’re not sure whether a particular use would be Fair Dealing, you can consult the Fair Dealing Decision Tool: https://www.fairdealingdecisiontool.ca/DecisionTool/