Larry Lessig recounts the story of a perfect example of the inadequacy of fair use: a political (anti-Obama) parody video was taken down on the basis of a ridiculous copyright claim. Like Lessig, I don't agree with the video, but I do
agree with the right of the maker to post it, and I believe that if copyright can be used to suppress political remix in election seasons, it makes us all worse off.
That it was suppressed, however, is a feature/bug of current copyright law. The video is making a powerful (if wrong, imho) argument about the source of responsibility for this financial mess. It uses text (sparsely placed, as is my own style too, though the author needs a better font), images of newspaper articles, pictures of the candidates, and clips from television, all to the end of making the political argument.
A lesson in the failures of "fair use"
That part's relatively easy from a fair use perspective. What isn't is the music. As is increasingly the style for amateur (in the good sense of the word -- people who do what they do for the love of what they do and not for the money) remix: music is attached to parts of the video to give it a special boost in social meaning, or significance. The cultural reference enhances the political. It becomes part of the story.
So, for example. when describing how Fannie and Freddie gave low interest and no interest loans, the music is Dire Straits "Money for Nothing." And when talking about the speculation, Talking Head's "Burning down the house." When talking about the influence of money inside the campaigns, AcDc "Money Talks." And when talking about how "it ends now" if (as the author but not this author hopes) Obama is defeated, the music is "Survivor - Eye of the Tiger." In each case, the music amplifies the message in powerfully and socially relevant way.
Every Ozimal digirabbit in the venerable virtual world Second Life will starve to death (well, permanent hibernation) this week because a legal threat has shut down their food-server, and the virtual pets are designed so that they can only eat DRM-locked food, so the official food server’s shutdown has doomed them all.
Netflix has become one of the main forces for DRM in the world, a driver behind the W3C’s dangerous, web-scale DRM project, and now they’ve announced that their app will no longer run on rooted/bootloader unlocked Android devices, because these devices can run code that overrides Google Widevine DRM (Widevine doesn’t work well under the […]
Today, activists will gather in Cambridge, Mass to march to the offices of W3C Director Tim Berners-Lee to urge him to keep DRM out of the standards for the open web.
Yes, yes there is. The ultraportable Twisty Glass Mini boasts all of the simplicity of its forebear, while fitting just a little bit better in your pocket.The Mini is perfect for casual smokers, and anyone who doesn’t have the patience or fine motor skill for rolling papers. This piece keeps the convenient design of its older […]
Learning to code is a perfect way to grow your technical sophistication, and open up a host of new career options. But since most “learn to code” initiatives focus heavily on web development, it can be tough to find good resources for general-purpose computer science outside of a 4-year degree program. To get a broad […]
While many newer smartphones boast decent water resistance, most of us are still stuck with the kind of handsets that need to spend the night in a bowl of rice when they get wet. If you want to enjoy your favorite podcasts in the shower but are holding out for your next phone upgrade, this […]