What is this fair use thingy?? ((≧Д≦”)
Fair Use – is the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
Definition found using Google.
Andy Baio explained Fair Use and how almost everything can be copyrighted he said that you must directly negotiate a license with a record company for using a song, even if its a small short sample, he said “…even a two second sample, highly distorted, was found to infringe copyright…“. He also explained how he created a pixel art of an album cover and was sued and he had to pay a lot of money to the original artist even despite the fact he him and his pro-bono counsel the EFF was on his side.
Richard Prince was sued by a photographer named Patrick Cariou but it didn’t work out so well because of fair use, that it was a parody/self expression.
“Gagosian and Prince appealed that decision on the grounds that Prince makes fair use of Cariou’s photographs, often altering them very slightly with painting and collage. The Supreme Court only defines fair use as needing to “alter the original with ‘new expression, meaning, or message.’” The lower courts interpreted this to mean that, in order to make fair use of Cariou’s photographs, Prince must “comment on Cariou, on Cariou’s Photos, or on aspects of popular culture closely associated with Cariou or the Photos.” (Satire, for example, would be fair, as in the ruling’s mention of 2 Live Crew’s parody of Roy Orbison’s “Oh, Pretty Woman”). The higher courts disputed that definition: “We agree with Appellants that the law does not require that a secondary use comment on the original artist or work, or popular culture…” In other words, the appellate court has allowed Prince to use the images for personal expression. “
I agree with both Andy Baio and Richard Prince. Copyright is way too strict, and Andy Baio stated how the U.S. has criminalized creativity. He stated “No body should ever feel afraid to make art that builds off another person’s work, for that reason I think there should be a non-commercial clause”, I completely agree with this. Its true that we should grow from another person’s work and there shouldn’t be such a strict law on copyright. If I was in charge, I wouldn’t put such a strict law on copyright. There should be free expression that are boundless and free to all artists.