Last year, Waxy released Kind of Bloop, a chiptunes tribute to Miles Davis's Kind of Blue. He meticulously cleared all the samples on the album, and released it for $5 (backers of his Kickstarter project got it for free -- Waxy is founder of Kickstarter). One thing Waxy didn't clear was the pixellated re-creation of the iconic cover photo he commissioned. He believed and believes that it is fair use -- a transformative use with minimal taking that doesn't harm the market for the original, produced to comment on the original. Jay Maisel, the photographer who shot the original, disagreed, and sued Waxy for $150,000 per download, plus $25,000. Waxy ended up settling for $32,500, even though he believes he's in the right -- he couldn't afford to defend himself in court. He's written an excellent post on copyright, fair use, and the way that the system fails to protect the people who are supposed to get an exception to copyright:
In practice, none of this matters. If you're borrowing inspiration from any copyrighted material, even if it seems clear to you that your use is transformational, you're in danger. If your use is commercial and/or potentially objectionable, seek permission (though there's no guarantee it'll be granted) or be prepared to defend yourself in court.
Anyone can file a lawsuit and the costs of defending yourself against a claim are high, regardless of how strong your case is. Combined with vague standards, the result is a chilling effect for every independent artist hoping to build upon or reference copyrighted works.
It breaks my heart that a project I did for fun, on the side, and out of pure love and dedication to the source material ended up costing me so much -- emotionally and financially. For me, the chilling effect is palpably real. I've felt irrationally skittish about publishing almost anything since this happened. But the right to discuss the case publicly was one concession I demanded, and I felt obligated to use it. I wish more people did the same -- maybe we wouldn't all feel so alone.
Kind of Screwed
Zombies, Run! co-creator Adrian Hon writes, “That’s right, we turned our running app and audio adventure into a board game! It’s a frantic, fun, real-time audio-driven sprint across a zombie-infested landscape for 2-4 players, who must rescue survivors, uncover secrets, and (hopefully!) find a cure.”
Lotus Dimension is a tabletop, D&D-style role-playing game in which characters advance through nonviolent means — a game that incorporates “amazing sci-fi and fantasy storytelling while also incorporating principles of nonviolence inspired by peaceful protests, historical leaders and the tenets of peaceful philosophical practices.”
I discovered Villains and Vigilantes in 1982, with the publication of the game’s second edition, and 11-year-old me played it like a fiend; I still remember long hours of designing costumes on the super-cool character sheets that came with the game (we’d sneak into the school office and run off more of these from blanks; […]
Amazon’s Audible is hands-down the most popular place to find audiobooks. With its library of over 180,000 books, Audible has the biggest audiobook selection in the world, and a membership gets you a free book each month. You can sync Audible across multiple devices, so you’ll never lose your spot whether you’re on your computer or your phone.This […]
#1. A-Audio Legacy Noise Cancelling Headphones with 3-Stage Technology The A-Audio Legacy Headphones are the Boing Boing Store’s best seller this month, and it’s easy to see why. With 40mm drivers, powerful circuitry, and memory foam padded circumaural ear cups, these are clearly super high-quality headphones. Plus, the patented 3-Stage Technology lets you toggle between passive […]
Vaping is getting more mainstream by the day, which means there’s been an influx of quality yet affordable vaporizers on the market. We’re particularly excited about the APX Wax Vaporizer Kit, which is an easy-to-use, high-quality vape that works with both dry herbs and waxy concentrates.If you’re a beginner trying to get into vaping, the APX […]