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Is fair use a legal copyright issue
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Recommended: Is fair use a legal copyright issue
Nikyra Capson
Journal 4: You *Still* Can't Touch This: Copyright Law, Hip-Hop and Tech Comm
This article was a very interesting look at the music industry and how copyright vs. sampling works in that field. It made me think of copyright lawsuits in fine art and how the courts determine if an artist copying or was inspired by a work.
One of my art professors told the class about Richard Prince, who is a collage artist. He was sued by the photographer Patrick Cariou. Prince took Cariou’s photo and drew on them or pieced them together with other images to create his works. Some pieces were major transformation and other were minimal. Some of the artwork was deemed as falling under fair use while others were determined to be copyright infringement.
Details of copyright law vary between nation countries, however, many nations share a common interest through two international copyright treaty membership agreements, the Berne Convention (which consists of 164 member states) and the Buenos Aires Convention (which is an agreement between North and South American countries,) The treaties, established in order to protect an authors’/creators’ original work from copying - whether it be literary, dramatic, design, musical or artistic.
In the case of Steinkamp vs Hoffman, a collector in New York, Roderick Steinkamp sued Hoffman gallery for missing paperwork related to a Sol LeWitt drawing, Wall Drawing #448, on May 22,2012. The Suit, which seeks $350,000, claims that without the certificate of authenticity, the artwork is unsalable and thereby worthless (Cohen). Steinkamp owned Wall Drawing #448 via signed contract with the gallery in which the gallery agreed to be liable for all “loss, damage or deterioration” (Cohen). However, when the gallery claimed that they lost the certificate, their insurance company refused to pay for the document’s “mysterious disappearance,” which consequently lead to the lawsuit.
1. The court decision for Rogers v. Koon ruled that Koons “String of Puppies” sculpture was a direct copyright infringement of Roger’s “Puppies” photograph. I agree with the decision of the case because there were high levels of evidence supporting obvious motives to plagiarize the photograph. The least Koons could have done was give credit and recognize it especially since a majority of the content was Rogers’s original work. By not intending to give credit at the art gallery and not letting purchasers be aware of the original, this shows intentions to maliciously deceive others as if he had original ownership. By stressing and trying to capture almost exact areas, and exhibiting it at the art gallery, this demonstrates he tried to pursue
Abstract: In 1995 Lance Rose and Esther Dyson wrote articles in Wired Magazine expressing polarized views on the future of copyright law and copyright infringement. This essay reviews those articles, analyzes each article's accuracy as defined by current trends years later.
The topic I decided to choose to conduct my Capstone Research on is Copyright in Choreographic Works. Choreography is “Choreographers use dance performances to express ideas and stories. There are many types of dance, such as ballet, tango, modern dance, tap, and jazz (bls.gov). Choreography is also something that should be made from the heart, it’s not something that should be taken from someone else because at that point, it wouldn’t be considered your choreography and it wouldn’t be something you made from your own mind and creativity. Dancing is something you have a passion for and you show your emotions through your movements, so there shouldn’t be a need to copy. The problem now is, many choreographers are starting to steal choreography
Jonathan Lethem analyzes the way that various artists across all mediums rip off other artists in his essay “The Ecstasy of Influence: A Plagiarism”. In his essay, Lethem defines “plagiarism” to mean artists using other artist’s work through “mimicry, quotation, [or] allusion” (61). Rather than word for word copy and pasting of someone’s work, the word plagiarism will be used to describe the use of someone’s work as inspiration for other art in this essay. Lethem does not view this form of plagiarism as a heinous crime, rather, a “sine quo non of the creative act” and in fact, a badge of honor for the one getting “plagiarized” (61). In other words, it’s impossible to be creative without quoting and alluding to people and their works. Using an example of an Iranian filmmaker, Dariush Mehrjui, who used J.D. Salinger's work as a springboard for his work, Lethem asserts the filmmaker “had paid [Salinger] homage” by using it and in doing so, a...
Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the integrity of artists copyrights in the age of MP3. Prince has now filed a motion in New York federal court aimed at shutting down several websites offering free downloads of the Artist's songs." (http://www.mtv.com…19990304/prince.jhtml) In addition, in recent music news, "Nine Inch Nails lead man Trent Reznor copyright infringement suit was dismissed. Another artist claimed that the Reznor had stolen material for his last album." (http://www.mtv.com…19991202/nine_inch_nails.jhtml) The copyright law has become an important legal aspect to know our music generation.
One of the biggest issues that arises with remix art is the issue of ‘Remix vs. Plagiarism.” When does a remixed work become an original work of art? Is the work considered original as soon as it is tweaked or when it is unrecognizable? Neither, a work is unique when its purpose and meaning transcends that of the original? Works like Montgomery Lee’s “Copyright Symphony” takes a variety of images and uses them to create music out of the imbedded data on the photographs. The work can be considered his own because he had given the images new meaning by placing them together. And by turning the photos into music they are no longer photographs, instead they are musical instruments which together create something completely original.
First, what exactly is appropriation in art? Art History, by Marilyn Stokstad states quite simply that appropriation is the representation of a preexisting image as one's own (1155). Marcel Duchamp could be considered the first appropriator with his ready-mades. Duchamp took everyday objects and made them art simply by saying it was art. Duchamp did this to try and destroy the art object.
We have to remind legislators that intellectual property rights are a socially-conferred privilege rather than an inalienable right, that copying is not always evil (and in some cases is actually socially beneficial) and that there is a huge difference between wholesale piracy'the mass-production and sale of illegal copies of protected worksand the filesharing that most internet users go in for.
One artist in PPP said it best when he said “you just can’t avoid limitations I guess.” This statement summarizes the constant limitations that artists have faced throughout history when trying to get their work noticed in popular culture. One important way that artists have gotten their work noticed is by gathering different “fragments of culture” and recombining them to make quality art. In other words, Plagiarism is the key for artists to overcome constant limitations in the creative industry.
The two main areas of intellectual property law which have been greatly affected, if not completely transcended by the advent of the internet age are the law related to copyright and trademarks. As noted by the Bureau of WIPO, the internet has been described as the world’s biggest copy machine . The internet enables one to make instantaneous copies of same quality. Unlike before when the copies were to be faxed or couriered, now the internet allows one to send unlimited copies within a few minutes. Similarly, the creation of domain names, websites, links on the internet raise a host of questions relating to the use of names which are registered trademarks in the traditional environment. In this paper however the main point of focus will be the use of internet and the adverse effects it has on the subject matter of trademarks and the registered users of such marks. Over the last decade, the crime of cybersquatting has risen exponentially. In this day and age of e- commerce the internet serves as a viable platform on which buyers and sellers interact with each other. Hence further highlighting the special role occupied by the internet in regard to being a virtual market which is limitless and reaches its customers irrespective of geographical boundaries. A trademark can be understood to be the ultimate culmination of a tangible form of ‘goodwill’. This is a mark or indication which essentially serves to distinguish the goods of one producers from those of another’s. Trademarks include in its definition any word, name, symbol, configuration, device, shape of goods, packaging, combination of colours which are chosen by a proprietor so as to enhance identification in the eyes of its customers. Trademark...
Just two decades ago, saying “copyright” to teachers most likely conjured images in their minds only of the fine-print notice in the front of a textbook. Today, with a world of Web 2.0 technology at their fingertips, copyright issues for teachers can be confusing and complex. Add to that an ever-increasing emphasis on technology literacy in our states’ education standards – forcing teachers to incorporate applications and resources that may be uncharted territory to them – and the waters get even murkier. Teachers bear the double-burden of carefully abiding by copyright laws in their day-to-day incorporation of technology in the classroom, while instilling copyright ethics in students as they meet state standards for technology and media literacy. A review of the copyright literature related to education provides some clarity on copyright and fair use applied to classroom practices, suggests barriers to copyright compliance among educators, and provides suggestions on how to teach copyright ethics to a tech-savvy generation.
Castle, Frank. Pros & Cons of Free Music. Article Alley. 10th January 2011. Web. 10th January
Harwood, E. (May 2004). Staying Afloat in the Internet Stream: How to Keep Web Radio from Drowning in Digital Copyright Royalties, Federal Communications Law Journal, 56(3), 673-697.