The conference is being live streamed
Remix Culture: Moderator Elizabeth Stark
Anthony Falzone – Stanford Fair Use Project
Fair use 101 and sampling. The most important fair use case is Campbell v. Acuff-Rose Music . Transformative, creative, new meaning new expression. Does sampling = Infringement? This question is wide open to the right action! The claim that sampling is illegal is a myth! The Biz Markie case, over the song alone again, in this case the issue of fair use was never reaised! 100 Miles and Running, NWA case, no fair use raisedNotorious BIG, ready to die, three notes used fair use was never raised! In almost every major sampling case fair use has not been litigated.
AMAZING talk, well worth watching and activist in nature!
Here is Anthony’s favorite case: Jeff Koons won a summary judgment in a case he took on when commercial photographer Andrea Blanch sued him for copyright infringement; Blanch appealed, and has lost.
Download and read the decision: http://caselaw.lp.findlaw.com/data2/circs/2nd/056433p.pdf
Blanch v. Koons, No. 05-6433 (2nd Circuit, October 26, 2006)
Summary judgment for defendants, a visual artist and institutions that commissioned and exhibited one of his paintings, is affirmed where an artist’s appropriation of a copyrighted image in a collage painting constitutes a protected “fair use” under copyright law.
Larisa Mann – DJ Ripley, Berkeley Law – Modern history of remix.
This presentation was almost all clips of music. It was a good presentation but tought to talk about the music. I will post more on her talk if I can get some of the clips.
Baltimore club music – referred to as just club music.
Marc Perlman – Professor of Musicology, Brown -Remixthrough the ages
Reasons for remix – Humor, Homage, Ridicule, virtuosic/ Competitive emulation, Aesthetic (“improvement”), religious. The law fails to recognize many of the reasons for remixing. Comments from Brian: Fair use might be an avenue for recognizing more of the these puorpses for remixing.
Here is one example from our history – the original song the Star Spangled Banner is based on:
To ANACREON in Heav’n, where he sat in full Glee,
A few Sons of Harmony sent a Petition,
That He their Inspirer and Patron wou’d be;
When this Answer arriv’d from the JOLLY OLD GRECIAN
“Voice, Fiddle, and Flute,
“No longer be mute,
“I’ll lend you my Name and inspire you to boot,
“And, besides, I’ll instruct you like me, to intwine
“The Myrtle of VENUS with BACCHUS’s Vine.
David Evan Harris – Global Lives Project
Very interesting video project pased on documenting 10 peoples lives for 24 hours each. All the videos are under CC. The project is using dotsub to translate all the videos.
Q: is GirlTalk legal?
A: depends on if he wins. Note Brian: we have a responsibility to to make sure he wins if sued!
The main negative on the panels, was not enough time for Q&A