A follow-up:
http://kottke.org/11/06/kind-of-bloop-album-get-postered-on-jay-maisels-building

Kind of crazy, right?

On Mon, Jun 27, 2011 at 3:57 PM, Adi Kamdar <[email protected]> wrote:

> Related, though not exactly the same. I guess the result is the same,
> though the intent may not be:
>
> http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation
>
>
>
> -Adi
>
>
>
>
> On Mon, Jun 27, 2011 at 12:45 PM, Parker Higgins 
> <[email protected]>wrote:
>
>> That's my biggest issue -- the case didn't "go past" a cease and desist,
>> because that was never the option. Fair use is not a bright line test, and
>> we'll never know whether Baio's use was "fair" or not. All we know is Maisel
>> had an issue with it, and the current legal system basically allows him to
>> enforce that by threatening ruinous costs even if you win.
>>
>> What Maisel did certainly wasn't illegal. Even if the use is a fair one,
>> he's allowed to sue to find out. But to go directly to that step without
>> trying to solve it in other ways seems meanspirited and counterproductive.
>>
>> Parker
>> On Jun 27, 2011 9:39 PM, "Andre G Sirois" <[email protected]> wrote:
>> > 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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>> >>>>
>> >>>> Links:
>> >>>> ------
>> >>>> [1] mailto:[email protected] [5]
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>> >>>> [4] http://wiki.freeculture.org/Fc-discuss [8]
>> >>>> [5] http://alexleavitt.com [9]
>> >>>> [6] mailto:[email protected] [10]
>> >>>
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>> >>
>> >>
>> >>
>> >> Links:
>> >> ------
>> >> [1] mailto:[email protected]
>> >> [2] http://lists.freeculture.org/mailman/listinfo/discuss
>> >> [3] http://wiki.freeculture.org/Fc-discuss
>> >> [4] http://alexleavitt.com
>> >> [5] mailto:[email protected]
>> >> [6] mailto:[email protected]
>> >> [7] http://lists.freeculture.org/mailman/listinfo/discuss
>> >> [8] http://wiki.freeculture.org/Fc-discuss
>> >> [9] http://alexleavitt.com
>> >> [10] mailto:[email protected]
>> >> [11] mailto:[email protected]
>> >> [12] http://lists.freeculture.org/mailman/listinfo/discuss
>> >> [13] http://wiki.freeculture.org/Fc-discuss
>> >> [14] mailto:[email protected]
>> >
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