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.
A new report from the US Copyright Office on Section 1201 of the Digital Millennium Copyright Act — a controversial law that bans breaking DRM, even for legitimate purposes — calls for sweeping, welcome changes to the DMCA.
Did you buy a useless $400 “smart” juicer and now feel the need to accessorize it with more extrusions from the Internet of Shit timeline? Then The Leaf from Teaforia is just the thing: it’s a tea-maker that uses DRM-locked tea-pods to brew tea in your kitchen so you don’t have to endure the hassle […]
Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called “Oh, The Places You’ll Boldly Go,” whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
Although flagship smartphones are unlikely to adopt heavy-duty outer casing anytime soon, you can always prepare your device for the outdoors with a beefy case and and an external battery like this Nomad Tile Trackable PowerPack, available in the Boing Boing Store for $119.95.The Nomad Tile can fully recharge an iPhone 7 over three times […]
Even though credit cards now feature an EMV chip for securing transactions, they still have to include the magnetic strip for compatibility with older point of sale systems. Because of this, there’s no way for the chip’s new security capabilities to protect against card skimmers in the wild.How do you protect yourself from legacy-technology-induced fraud? […]
As the old saying goes, “You should sit in meditation for 30 minutes every day. Unless you are too busy, in which case you should meditate for an hour.” Since most of us have an endless list of things to do and people to see, carving out quiet time can feel impossible, especially when most […]