The
culture of ownership (examined with great detail and wit by CNet's Molly Wood) presents an especially aggravating challenge to
documentary film-makers whose entire ability
to make engaging work relies upon being able to use cultural and
historical touchstones to make their work relevant to audiences.
It
could be argued that if the present climate of copyright control
existed twenty years ago, hip hop, (a genre that appropriated portions
of other songs and added commentary to create a new form of musical
expression) would not have been able to exist, much less flourish into
one of the most influential music movements in American history.
In an
age of increasing distrust and disinterest in mainstream news sources,
film-makers are imbued with new opportunities to tell stories that
would fall by the wayside and to do this effectively they can't be
yoked by governmental efforts to prop up dying business models.
And with that I bring you the very unlikely list of people who struck a blow for rational reforms to copyright law..
2008 Copyright Champions
Ben Stein
Adding documentary film director to a resume that includes Nixon speechwriter and gameshow host, Ben Stein's Expelled: No Intelligence Allowed
film about creationism grossed an impressive $7.7M in its box office
release. But one scene that employed approximately fifteen seconds of
John Lennon's "Imagine" under footage of Joseph Stalin waving to a
crowd without permission from the Lennon estate provoked Lennon's widow
Yoko Ono and record label EMI to sue for copyright infringement.
Stein
and the producers of the film were defended by lawyers from the
Stanford Fair Use Project. On the SFUP's blog they wrote of their decision to take the
case:
"The right to quote from copyrighted works in order to criticize them
and discuss the views they represent lies at the heart of the fair use
doctrine. The lawsuits filed by Ono and EMI threaten important free
speech rights that need to be defended."
Ultimately the court dismissed the charges. Still, the film's distributor opted to remove the song from the DVD release.
Arstechnica
who has been following
the film and the copyright infringement case, wrote
of the decision:
"It is unfortunate that Lennon's heirs sought to use
copyright law to squelch criticism of Lennon's lyrics. No matter how
dishonest Stein and company's arguments may be, they have the right to
make them, and copyright must give way to the First Amendment. Ono's
aggressive tactics will give Stein and company an undeserved PR
victory, allowing them to play the beleaguered underdogs fighting the
"Darwinist" establishment. The way to counter Expelled is with logic and evidence, of which there's an ample supply. Overzealous application of copyright law is counterproductive.
"
McCain for President 2008
The Republican senator may have lukewarm interest in copyright and intellectual property reform.
But that changed when CBS sent YouTube takedown notices over the McCain
campaign's use of news footage in their web ads. According to a CBS
official:
"CBS News does not endorse any candidate in the presidential
race. Any use of CBS personnel in political advertising that suggests
the contrary is misleading."
The
woefully out-financed presidential campaign tried to fight the matter
in the editorial pages. They took the tact that political ads are part
of political speech and thereby qualify under the Digital Millennium
Copyright Act as Fair Use. Though not before trying to float the idea that it was all part of a vast liberal conspiracy.. a case the campaign attempted to make on National Public Radio.
YouTube
is currently being sued by Universal Music and Viacom Entertainment.
The issues are copyright infringement as well as violations of the
Electronic Frontier Foundation for Fair Use. Had the McCain campaign
been better financed (or more victorious), it would have been
interesting to see just how many angles there are on suing the
video-sharing website.
The National Journal compiled a list of all political campaign ads that were hit with takedown notices.
President George W. Bush
Hear me out, folks. Last
month the President signed the Prioritizing Resources and Organization
for Intellectual Property Act. It raised the amount of statutory
damages for the broad term of 'intellectual property theft' to
astronomical levels as well as created a new position within the
executive branch which is being dubbed "the Copyright Czar". Being that
he is currently in a lameduck session, it's unlikely anyone will be
appointed to the office until the Obama administration comes to power (still, I can't recommend Rachel Maddow's Lameduck Watch segments enough). Nearly every rumored
candidate for an Obama Copyright Czar is someone who, at the very
least, appears to know how to use a computer and could bring.
2008 COPYRIGHT LOSERS
Heart, Foo Fighters, Orleans, Van Halen, Warner Music Group on
behalf of Frankie Valli, Bon Jovi, John Mellencamp, ABBA
That would be every
musician or musical group that sued a political campaign over the use
of their songs at rallies. These artists signed licensing deals with
ASCAP that limited (in most cases eliminated) their right to
discriminate over how their music is used for live events. Complaining
about it to the media or initiating a bunch of baseless lawsuits was a
waste of everyone's time and tax dollars. It's worth noting, none of
these artists offered to donate their ASCAP earnings from the
period of the campaign to oppositional candidates or causes.
Word to
the wise, old timers, announcing to the world you don't read contracts
before signing them is not the best way to get your name back into the
cultural conversation.
Lion's Gate communication team
In marketing Oliver Stone's
recent W the Lion's Gate marketing team put together a website where
users could download clips of the film and make their own trailers for
the film. But as Chris Thilk reports,
no one told the in-house legal counsel. The company was forced to serve
itself a takedown notice. That must have lead to some awkward
inter-departmental meetings.
Recent Comments