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.
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 lesson in the failures of "fair use"
After the EU Copyright Directive passed with a slim majority that only carried because some MEPs got confused and pressed the wrong button, the government of Poland filed a legal challenge with the European Court of Justice, arguing that the Directive -- and its rule requiring that all online discourse be filtered by black-box algorithms […]
"The Ohio State University" is apparently the full name of Ohio State, and to remind everyone of it, they're selling a line of clothing emblazoned with the stark word "THE," and so they've asked the US Patent and Trademark Office to give them the exclusive right to sell t-shirts, baseball hats and hats with the […]
Shadow-banning is a process that dates back to at least the 1980s, with Citadel BBS's "twit bit," which would allow users to post replies to forums that they could see, but no one else could see.
If there’s one thing that stayed consistent through the last decade or so of tech industry turmoil, it’s the love affair between techies and Linux. There’s just a ton you can do with the OS, and its open-source format means you can customize your rig from the ground up. Apparently not content with that level […]
Accidents happen. And when they do, you’re going to want a dash cam for a second pair of eyes. At the minimum, a decent dash cam can save you vast sums of time and money in case of an accident. But a really good dash cam can do a whole lot more. Here are six […]
The field of data analytics is growing as fast as the internet itself. Self-driving cars, airline pricing, and huge marketing campaigns are all driven by the insights that data scientists can distill out of vast sums of information. Even with the help of powerful software like Python, it’s a highly skilled position. But those skills […]