[Rumori] Transformative remixing may be "more illegal" than we think

[Rick Prelinger]

Jason Schultz (who wrote an excellent amicus brief in the Eldred v. 
Ashcroft case) writes about how courts have frowned upon 
transformative reuse of images in the visual arts.  There's a couple 
of stretches in the posting, but it's interesting to see how US 
courts deal with these issues in the absence of "moral rights" laws.

Moral rights laws (like they have in Europe) pose some tough 
contradictions for artists.  I asked my friend Howard Besser, radical 
librarian, what he thought of moral rights, and he answered:  "When 
I'm in a country that doesn't  have moral rights laws, I'm for them; 
when I'm somewhere that has them, I'm against them."

http://lawgeek.typepad.com/lawgeek/2004/01/zephoria_kulesh.html

Rick
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Rick Prelinger
Prelinger Archives    http://www.prelinger.com
P.O. Box 590622, San Francisco, Calif. 94159-0622
Fax: +1 415 750-0607
footage at panix.com

Internet Moving Images Archive: http://www.archive.org/movies/prelinger.php