Sure, but isn't the digital image a cover of the OG photograph? I agree
that it's a fair use, in fact using the "idea" of the original photo and
not the expression of the idea in the actual transformation. But, i
guess, there are measures for doing covers of music in the system, but
not for other expressions that use the underlying structure. But, I'm
surprised that this whole case went past a cease and desist....
On Mon, 27 Jun 2011 12:17:57 -0700, Alex Leavitt wrote:
He explained that discrepancy in a tweet, where he said it came down
to a mechanical licensing fee.
I couldn't find the tweet, but I found a blog post that c/p-ed it:
_"Good question! The U.S. Copyright Act of 1909 allows anyone the
right to record a cover song, as long as you pay a standard
mechanical
license, which I happily did; fair use doesn’t apply at all. But
for the cover art, it’s an original illustration commenting on a
famous photograph, which has a strong fair use defense. The problem,
of course, is that fair use is far too ambiguous and actually affords
very little legal protection to creators."_
On Mon, Jun 27, 2011 at 12:05 PM, Andre G Sirois wrote:
Just wonder why he licensed the music compositions and nothing for
the art? Because this is a graphic rendering, not necessarily
"sampling" in the traditional sense, how do you go about licensing
the underlying composition for a photograph? Should you have to?
Someone said it would have been ideal to take a picture just like
the original, and then base the digital render upon that instead of
Maisel's pic. But yeah, the chillin' effect on expression here is
waaaay cold. Well, at least Baio made this public....
On Mon, 27 Jun 2011 11:54:36 -0700, Alex Leavitt wrote:
I thought the pushback against Baio's interpretation was
interesting.
I was keyed into it on Twitter, where someone said they didn't
see a
right/wrong in the situation. There was also a large thread on
Reddit
where a lot of comments sided with Maisel.
Alex
---
Alexander Leavitt
PhD Student
USC Annenberg School for Communication & Journalism
http://alexleavitt.com [4] [5]
Twitter: @alexleavitt
On Mon, Jun 27, 2011 at 10:42 AM, Ryan Prior wrote:
On Thu, Jun 23, 2011 at 6:25 PM, Parker Higgins wrote:
> In case you missed it, Andy Baio posted a long, smart, and
extremely sad
> blog post about fair use and his experience making a cool
piece
of art,
> going above and beyond to try to make sure everything was
above
board, and
> then getting screwed on a copyright issue and paying a ,500
(!!!)
> settlement.
Oh no! I bought Kind of Bloop when it came out and then bought
it
again as a gift for my brother. So disappointed to hear he was
nailed.
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