Tue, 29 May 2001 found illegal art writing:
>>So, I think the question now is, what kind of works might
>>this kind of precedent NOT include?
>
>the precedent seems to be set for parody only... everything else is NOT
>included.
but again, as i said, what is parody? Very similar case:
Lo's Diary, a retelling of Lolita. Almost never got
published, thanx to the Nabokov estate. I think it's a great
book, and Lo's Diary isn't parody, in my opinion. but if it
had ever gone to court instead of being settled, I'd wager
the defense would have used the word "parody" in their
arguments.
the point is, lawyers use different definitions of things
than normal people.
>so basically 99?% of all music isn't protected. i'd be very careful.
I'd tend to agree. But to elaborate my point at the end of
my last message -- most music doesnt SAY anything either.
you have to do more than just grab a sample, run it through
Reactor (or whatever audio software flavor-of-the-month you
want), and shout "it's a parody" to be safe. Something like
Fat Boy Slim's "Praise You" is not parody, and even a lawyer
wouldnt claim it to be a parody. so if Norman Cook hadnt
cleared that sample, he would not have had a chance in
court. However if the Negativland/U2 case had reached a
court they would have a very good chance, as it's clearly
defensible as commentary, or "parody".
I think the important thing about this Wind Done Gone case
is that it continues to fill in segments of the fine
line that bisects the grey area that many of us keep
worrying about, and overall, it's positive. of course it
doesn't finish the process, but it further defines the
current landscape of intellectual property jurisprudence,
and the next time a case like this reaches a courtroom, that
will happen again, for better or worse. it's also great
because it keeps the issue in the public eye - the landscape
of the public awareness of intellectual property is also
being mapped, and that's a very good thing.
smh
Steev Hise, Wannabe Has-Been
steevATdetritus.net http://detritus.net/steev
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