Fair Use and the Origins of Michael Jackson's Moonwalk

The way culture moves ahead is by building upon the accomplishments of previous authors. But US copyright law restricts how existing work can be re-used and transformed.
Original choreography that is recorded on film or video is protected by copyright. Was Michael Jackson's use of the copyright work in this YouTube video a Fair Use permitted by the copyright law? Or did MJ violate copyright law (use elements from prior dances without permission in a way that infringes)? The dance moves in this video (from the years 1929 to 1967) demonstrate the way great art builds upon prior work. They also suggest how difficult it is to make art under our current copyright scheme without infringing on someone else's rights.

Telling A Story Using Old and New Forms

The Producers Institute for New Media Technologies is organized by the Bay Area Video Coalition (BAVC).
The Producer's Institute is a ten-day residency for eight creative teams (independent producers or public broadcasters) with a shared goal of developing and prototyping a multi-platform project inspired by, or based on, a significant documentary project.
The intention of the Institute is to develop socially relevant media projects for emerging digital platforms.
The participants in the Institute adapt and develop film, video, and audio content for delivery using a range of interactive formats, including but not limited to video game applications, interactive, web-based experiences, mobile streaming, multi-user communities, and new educational software. Producers may propose a range of delivery strategies, including cellphones, other hand-held devices, set-tops, Internet, portable software and more. At the end of the residency, all participants demonstrate and pitch to a panel of VC funders, industry leaders, and foundations.
To learn more about the Producers Institute for New Media Technologies or to apply, click here.
BAVC filmmakers are pioneers in using the full range of interactive formats. In addition to the Producer's Institute, BAVC also hosts a variety of other workshops and web-based resource centers. For example, BAVC has compiled a very helpful list of links (web-based resources) for filmmakers.

Beyond the Short Clip

When motion pictures were first invented, a kinetoscope lasted about thirty seconds.


One hundred and ten years later, the most popular Internet videos were also just short clips lasting well under two minutes.



Curiously the original motion pictures (made by Edison and the Lumieres) and the original Internet videos (made by the users of YouTube) also shared certain aesthetic similarities. For example, in addition to their short duration, these pioneering motion pictures (from 1896 and 2006) used stationary cameras and were often "presentational," in the sense that the characters onscreen acknowledged the audience, whether directly by playing to the camera or indirectly making it clear that they are aware of the camera.

Just as kinetoscopes evolved into feature length films and eventually television series that can stretch over hundreds of episodes, today we are seeing motion pictures produced for the Internet that are longer and more ambitious than the original short clips. The NY Times on July 6th, 2009 reported on how production companies are creating 10- and 20-minute shows for the Internet and writing continuing story arcs for their characters.

Canon 5D Mark II Sample Video

To view the video below (shot using the Canon 5D Mark II camera) in HD; click the Play button, then click "HD is Off" and follow the link to the HD version on Vimeo.

BESPLA / Canon 5D mark II Free Hugs movie from Marko Butrakovic on Vimeo.

Accessories for Cameras

Zacuto is a leader in providing accessories for filmmakers using small DSLR cameras to make HD web movies. This video shows some of their equipment in action.

Introducing DSLR Cinematography from Steve Weiss, Zacuto USA on Vimeo.

Some filmmakers (especially those with experience with 35mm film) feel awkward lavishing all this attention on the lightweight video cameras. The quality of the Canon 5D Mark II camera (HD motion pictures from a camera that looks like a still camera an amateur might use) merits this attention. But the impulse to accessorize can be taken too far, like putting an Apple iPhone in a shoulder mount.

Camera Comparison

Zacuto's Great Camera Shootout '08 from Steve Weiss, Zacuto USA on Vimeo.

For info about the Canon 5D Mark II camera, click here.

Thoughts on Convergence Culture

Graduates of a USF S/M Film Program will be starting their professional lives just as a tide of user-generated content is rapidly changing how motion pictures are being told, produced and received. Preparing students for this new world of convergent media, where production chops will only be one part of the required skill set, requires a new approach to film education. USF S/M students should have production experience, but they'll also need to know how stories are told across multiple platforms, how to use existing content without breaking the rules, and they'll need to be prepared for a world where making and distributing motion pictures is no longer a centralized business.

In July 2009, Henry Jenkins will leave M.I.T. (where he founded the Convergence Culture Consortium research group in the Comparative Media Studies program) to become Professor of Communication, Journalism and Cinematic Arts, a joint professorship at the USC Annenberg School for Communication and the USC School of Cinematic Arts. Prof. Jenkins is also the author of several books, including Convergence Culture: Where Old and New Media Collide, Textual Poachers: Television Fans and Participatory Culture and What Made Pistachio Nuts?: Early Sound Comedy and the Vaudeville Aesthetic.