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.
It’s the International Day Against DRM, and in honor of the day, the Electronic Frontier Foundation’s Parker Higgins has written an excellent post explaining why we can’t live with DRM, even on media that you “rent” rather than buying (streaming services like Spotify, Netflix, etc).
The World Wide Web Consortium — an influential standards body devoted to the open web — used to make standards that would let anyone make a browser that could view the whole Web; now they’re making standards that let the giant browser companies and giant entertainment companies decide which browsers will and won’t work on […]
In 2010, after years of bitter fighting, the French National Assembly passed “Hadopi,” the worst copyright law in history, which provided for disconnecting whole families from the Internet if their network connection was implicated in an accusation of copyright infringement.
Why buy one of those expensive and confusing universal remotes, clogged with enough buttons to launch a space shuttle, when you could accomplish the same electronic control right on your favorite mobile device? The Blumoo Universal Remote, now just $52.99 in the Boing Boing Store, harnesses the audio power of all your household equipment right […]
You may not love Microsoft Word, but you’ve definitely used it. Other than being one of the most ubiquitous programs on the planet, it’s been the go-to word processing system for more than a quarter-century because it’s as basic as it gets. But occasionally, you’ve got assignments that beg for a lot more options than simple […]
Almost everyone has their smartphone in a case of one kind or another. Beyond simple protection, finding a case that can charge your phone on its own, but doesn’t feel like it’s also adding a couple pounds to the phone’s weight is the tricky part. Billed as the world’s thinnest battery case, the ThinCharge iPhone […]