He explained that discrepancy in a tweet, where he said it came down to a mechanical licensing fee.
I couldn't find the tweet, but I found a blog post that c/p-ed it: *"Good question! The U.S. Copyright Act of 1909 allows anyone the right to record a cover song, as long as you pay a standard mechanical license, which I happily did; fair use doesn’t apply at all. But for the cover art, it’s an original illustration commenting on a famous photograph, which has a strong fair use defense. The problem, of course, is that fair use is far too ambiguous and actually affords very little legal protection to creators."* On Mon, Jun 27, 2011 at 12:05 PM, Andre G Sirois <[email protected]>wrote: > Just wonder why he licensed the music compositions and nothing for the art? > Because this is a graphic rendering, not necessarily "sampling" in the > traditional sense, how do you go about licensing the underlying composition > for a photograph? Should you have to? Someone said it would have been ideal > to take a picture just like the original, and then base the digital render > upon that instead of Maisel's pic. But yeah, the chillin' effect on > expression here is waaaay cold. Well, at least Baio made this public.... > > > > On Mon, 27 Jun 2011 11:54:36 -0700, Alex Leavitt wrote: > >> I thought the pushback against Baio's interpretation was interesting. >> I was keyed into it on Twitter, where someone said they didn't see a >> right/wrong in the situation. There was also a large thread on Reddit >> where a lot of comments sided with Maisel. >> >> Alex >> >> --- >> Alexander Leavitt >> PhD Student >> USC Annenberg School for Communication & Journalism >> http://alexleavitt.com [5] >> Twitter: @alexleavitt >> >> On Mon, Jun 27, 2011 at 10:42 AM, Ryan Prior wrote: >> >> On Thu, Jun 23, 2011 at 6:25 PM, Parker Higgins wrote: >>> > In case you missed it, Andy Baio posted a long, smart, and >>> extremely sad >>> > blog post about fair use and his experience making a cool piece >>> of art, >>> > going above and beyond to try to make sure everything was above >>> board, and >>> > then getting screwed on a copyright issue and paying a ,500 >>> >>> (!!!) >>> > settlement. >>> >>> Oh no! I bought Kind of Bloop when it came out and then bought it >>> again as a gift for my brother. So disappointed to hear he was >>> nailed. >>> ______________________________**_________________ >>> Discuss mailing list >>> [email protected] [2] >>> http://lists.freeculture.org/**mailman/listinfo/discuss<http://lists.freeculture.org/mailman/listinfo/discuss>[3] >>> FAQ: >>> http://wiki.freeculture.org/**Fc-discuss<http://wiki.freeculture.org/Fc-discuss>[4] >>> >> >> >> >> Links: >> ------ >> [1] mailto:[email protected] >> [2] mailto:[email protected] >> [3] >> http://lists.freeculture.org/**mailman/listinfo/discuss<http://lists.freeculture.org/mailman/listinfo/discuss> >> [4] >> http://wiki.freeculture.org/**Fc-discuss<http://wiki.freeculture.org/Fc-discuss> >> [5] http://alexleavitt.com >> [6] mailto:[email protected] >> > > ______________________________**_________________ > Discuss mailing list > [email protected] > http://lists.freeculture.org/**mailman/listinfo/discuss<http://lists.freeculture.org/mailman/listinfo/discuss> > FAQ: > http://wiki.freeculture.org/**Fc-discuss<http://wiki.freeculture.org/Fc-discuss> >
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