TUMBLR

A scrapbook of stuff I'm reading / looking at / listening to / thinking about. Ask me anything you can't Google.



Posts tagged "fair use"

Apr 26, 2013
Permalink

Andy Baio, “The New Prohibition”

“Fair use will not save you.”

Finally got around to watching Andy’s chilling talk on copyright, remix culture, and his legal battle and $30,000 settlement with the lawyers of photographer Jay Maisel. Ugh.

I wrote a little something about fair use for the New York Times last year. Murky waters:

Of course, one man’s fair use is another’s infringement, and unfortunately, the burden of proof in a fair use case is on the defendant, who, often lacking the money to fight in court, has no choice but to cease and desist. Many artists have suffered this fate, and so I continue making the blackouts with fingers crossed for a litigation-free future.

Oct 10, 2012
Permalink

May 21, 2012
Permalink
“Fair Use,” inside back cover of Craphound #5 by Sean Tejaratchi

Sean sent this to me after we came in contact over the Banksy/plagiarism stuff:


  It’s the inside back cover I did for Crap Hound No.5. It’s a summary of the idea of Fair Use, and it addresses common questions and misconceptions. Feel free to pass it along to anyone if you think it’ll help. It was made about ten years ago, so it should probably be passed along with that warning, in case any new details have changed in the law.


More on fair use→

“Fair Use,” inside back cover of Craphound #5 by Sean Tejaratchi

Sean sent this to me after we came in contact over the Banksy/plagiarism stuff:

It’s the inside back cover I did for Crap Hound No.5. It’s a summary of the idea of Fair Use, and it addresses common questions and misconceptions. Feel free to pass it along to anyone if you think it’ll help. It was made about ten years ago, so it should probably be passed along with that warning, in case any new details have changed in the law.

More on fair use→

Jan 04, 2012
Permalink
For the generation that I spend my days with, there’s not even any ideological baggage that comes along with appropriation anymore… They feel that once an image goes into a shared digital space, it’s just there for them to change, to elaborate on, to add to, to improve, to do whatever they want with it. They don’t see this as a subversive act. They see the Internet as a collaborative community and everything on it as raw material.
— Stephen Frailey, faculty at SVA, quoted in the NYTimes article, "Apropos Appropriation," on the Richard Prince lawsuit and the limits of fair use

Jun 24, 2011
Permalink

Jun 23, 2011
Permalink
Kind of Screwed - Waxy.org

This is an absolute must-read account by Andy Baio, who was threatened with a lawsuit by Jay Maisel, photographer of the Miles Davis photo on Kind of Blue, which Baio had transformed into pixel art for the cover of his 8-bit tribute, Kind of Bloop. Goddamn terrifying murky waters of fair use that some of us swim in. Go read it: it’s every artist’s nightmare.

There are a lot of myths and misconceptions about “fair use” on the Internet.  Everyone thinks they know what fair use is, but not even attorneys, judges, and juries can agree on a clear definition.  The doctrine itself, first introduced in the 1976 Copyright Act, is frustratingly vague and continually being reinterpreted.

Four main factors come into play:

The purpose and character of your use: Was the material transformed into something new or copied verbatim? Also, was it for commercial or educational use?
 The nature of the copyrighted work
 The amount and substantiality of the portion taken, and
 The effect of the use upon the potential market…In his influential paper on fair use, Judge Pierre N. Leval wrote, “Factor One is the soul of fair use.” Stanford’s Fair Use Center asks, “Has the material you have taken from the original work been transformed by adding new expression or meaning? Was value added to the original by creating new information, new aesthetics, new insights and understandings?”

Seriously, go read. Sorry this happened, Andy. Thanks for sharing with the rest of us.

Kind of Screwed - Waxy.org

This is an absolute must-read account by Andy Baio, who was threatened with a lawsuit by Jay Maisel, photographer of the Miles Davis photo on Kind of Blue, which Baio had transformed into pixel art for the cover of his 8-bit tribute, Kind of Bloop. Goddamn terrifying murky waters of fair use that some of us swim in. Go read it: it’s every artist’s nightmare.

There are a lot of myths and misconceptions about “fair use” on the Internet. Everyone thinks they know what fair use is, but not even attorneys, judges, and juries can agree on a clear definition. The doctrine itself, first introduced in the 1976 Copyright Act, is frustratingly vague and continually being reinterpreted.

Four main factors come into play:

  1. The purpose and character of your use: Was the material transformed into something new or copied verbatim? Also, was it for commercial or educational use?
  2. The nature of the copyrighted work
  3. The amount and substantiality of the portion taken, and
  4. The effect of the use upon the potential market

…In his influential paper on fair use, Judge Pierre N. Leval wrote, “Factor One is the soul of fair use.” Stanford’s Fair Use Center asks, “Has the material you have taken from the original work been transformed by adding new expression or meaning? Was value added to the original by creating new information, new aesthetics, new insights and understandings?”

Seriously, go read. Sorry this happened, Andy. Thanks for sharing with the rest of us.

Mar 23, 2011
Permalink
Code of Best Practices in Fair Use for Poetry

This code of best practices helps poets understand when they and others have the right to excerpt, quote and use copyrighted material in poetry

Terrific resource! Download the PDF.

Code of Best Practices in Fair Use for Poetry

This code of best practices helps poets understand when they and others have the right to excerpt, quote and use copyrighted material in poetry

Terrific resource! Download the PDF.

Mar 18, 2010
Permalink

Jan 13, 2010
Permalink

Aug 20, 2009
Permalink
Subscribe to my newsletter and get new art, writing, and interesting links delivered to your inbox every week.