A follow-up: http://kottke.org/11/06/kind-of-bloop-album-get-postered-on-jay-maisels-building
Kind of crazy, right? On Mon, Jun 27, 2011 at 3:57 PM, Adi Kamdar <[email protected]> wrote: > Related, though not exactly the same. I guess the result is the same, > though the intent may not be: > > http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation > > > > -Adi > > > > > On Mon, Jun 27, 2011 at 12:45 PM, Parker Higgins > <[email protected]>wrote: > >> That's my biggest issue -- the case didn't "go past" a cease and desist, >> because that was never the option. Fair use is not a bright line test, and >> we'll never know whether Baio's use was "fair" or not. All we know is Maisel >> had an issue with it, and the current legal system basically allows him to >> enforce that by threatening ruinous costs even if you win. >> >> What Maisel did certainly wasn't illegal. Even if the use is a fair one, >> he's allowed to sue to find out. But to go directly to that step without >> trying to solve it in other ways seems meanspirited and counterproductive. >> >> Parker >> On Jun 27, 2011 9:39 PM, "Andre G Sirois" <[email protected]> wrote: >> > Sure, but isn't the digital image a cover of the OG photograph? I agree >> > that it's a fair use, in fact using the "idea" of the original photo and >> >> > not the expression of the idea in the actual transformation. But, i >> > guess, there are measures for doing covers of music in the system, but >> > not for other expressions that use the underlying structure. But, I'm >> > surprised that this whole case went past a cease and desist.... >> > >> > On Mon, 27 Jun 2011 12:17:57 -0700, Alex Leavitt wrote: >> >> 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 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 [4] [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] [1] [2] >> >>>>> http://lists.freeculture.org/mailman/listinfo/discuss [2] [3] >> >>>>> FAQ: http://wiki.freeculture.org/Fc-discuss [3] [4] >> >>>> >> >>>> Links: >> >>>> ------ >> >>>> [1] mailto:[email protected] [5] >> >>>> [2] mailto:[email protected] [6] >> >>>> [3] http://lists.freeculture.org/mailman/listinfo/discuss [7] >> >>>> [4] http://wiki.freeculture.org/Fc-discuss [8] >> >>>> [5] http://alexleavitt.com [9] >> >>>> [6] mailto:[email protected] [10] >> >>> >> >>> _______________________________________________ >> >>> Discuss mailing list >> >>> [email protected] [11] >> >>> http://lists.freeculture.org/mailman/listinfo/discuss [12] >> >>> FAQ: http://wiki.freeculture.org/Fc-discuss [13] >> >> >> >> >> >> >> >> Links: >> >> ------ >> >> [1] mailto:[email protected] >> >> [2] http://lists.freeculture.org/mailman/listinfo/discuss >> >> [3] http://wiki.freeculture.org/Fc-discuss >> >> [4] http://alexleavitt.com >> >> [5] mailto:[email protected] >> >> [6] mailto:[email protected] >> >> [7] http://lists.freeculture.org/mailman/listinfo/discuss >> >> [8] http://wiki.freeculture.org/Fc-discuss >> >> [9] http://alexleavitt.com >> >> [10] mailto:[email protected] >> >> [11] mailto:[email protected] >> >> [12] http://lists.freeculture.org/mailman/listinfo/discuss >> >> [13] http://wiki.freeculture.org/Fc-discuss >> >> [14] mailto:[email protected] >> > >> > _______________________________________________ >> > Discuss mailing list >> > [email protected] >> > http://lists.freeculture.org/mailman/listinfo/discuss >> > FAQ: http://wiki.freeculture.org/Fc-discuss >> >> _______________________________________________ >> Discuss mailing list >> [email protected] >> http://lists.freeculture.org/mailman/listinfo/discuss >> FAQ: http://wiki.freeculture.org/Fc-discuss >> >> > > _______________________________________________ > Discuss mailing list > [email protected] > http://lists.freeculture.org/mailman/listinfo/discuss > FAQ: http://wiki.freeculture.org/Fc-discuss > >
_______________________________________________ Discuss mailing list [email protected] http://lists.freeculture.org/mailman/listinfo/discuss FAQ: http://wiki.freeculture.org/Fc-discuss
