The case in which the court wrote: "Get a license or do not sample. We do not see this as stifling creativity in any significant way." A bit of a setback for mashup/music collage artists. We studied this one in class, but it's certainly relevant and important to this topic. The George Clinton estate sued because a short sample of a Clinton song was employed in a different song. The court came down very harshly against the samplers, ruling that all samples must be licensed or else the sampler has stolen from the original author.
This case is extremely relevant to my paper because it is my contention that the court was wrong in dismissing unlicensed sampling as theft. Although I am very willing to admit that sampling of copyrightable material can infringe on the original copyright, it is my contention that if sampling artists are careful to make sure that all of their uses are transformative, it is possible to sample in a constructive and legal manner without a license.
From the website:
Call them pipes, teqlos, dapps, modules, mashups or whatever else but fact is that recently we have seen a good number of new services that allow developers and users to build mini-apps and mashups that mix and re-mix data. Here we run through 5 applications that allow you to mix, rip and mash your data, looking at the data input, output, REST support, suggested use, and required skill level
In chapter 8 of Lessig’s book, called “Transformers,” Lessig tells the story of Alex Alben and his creation of a retrospective CD-ROM based on the career of Clint Eastwood. He talks about the trouble the development team went through to get permission from every single actor that had appeared in the that they were going to use. This is just a small part of the chapter, but it helps explain why partly there are numerous mashups and remixes out there without permission: It’s just too hard. Lessig tells a story where Alben’s team tracked down all the actors that had appeared, called them, and then paid them $600. Besides being time consuming, the process seems very cost prohibitive, which explains why there are such a large number of copyright infringing works on sites like YouTube and online.
This is a particularly great article for a number of reasons; however, those reasons will be discussed after a brief discussion of its contents. This piece, by regular contributor Bob Garfield, gives an overview of the purpose of YouTube and what it is, video advertising (in all its forms), and the recent purchase of YouTube by Google, inc.
It talks about, among various other things, the 1.65 billion paid for it in Google stock, the outrageous number of 65,000 (which is the number of videos uploaded everyday onto YouTube), and the reasoning why YouTube has such popular viral videos. The last statement was proved in the article by this quote:
“It’s said that if you put a million monkeys at a million typewriters, eventually you will get the works of William Shakespeare. When you put together a million humans, a million camcorders, and a million computers, what you get is YouTube.”
This article would be superb to cite in a piece on YouTube, like I previously stated, numerous reasons. For starters, the article gives and overview of YouTube for those not formerly acquainted with the site. This is a great article, since it explains to reader how the entire process works. It would also shed some light on the culture of the site and the community that worships it. The article at about halfway through switches gears and begins to talk about the ramifications that YouTube is having in the Advertising industry, the recent decline of mass advertising, and the fall of TV Commercials. This would fit into an essay well because I believe it will certainly add depth to my explanation of the new culture that is arising in our society, the new digital culture, one of Tivo, viral video, and iTunes. All together, this article would be indispensable for any essay on remix culture. It’s a great read, that’s chalk full of good information, quotes, and anecdotes that would definitely spice up any essay about YouTube or other remix sites.
This a great video that can be used as a counter argument for anyone that say’s online video is completely killing companies marketing and advertising strategies. The article chronicles the story of Chevrolet, and their foray into marketing involving online consumer generated works. Thinking they could profit on the recent online explosion, Chevrolet, in a bold move, asked web users to make their own video advertisements for their bestselling SUV, the Tahoe. While Chevrolet supplied the video, and music, users could mix and match them, and add their own captions. While most of the video’s created touted the superiority of the Tahoe, others became sarcastic narrations on global warming, masculinity, and even war in Iraq. Although it was a success overall in the eyes of Chevrolet, it can be argued that because of the appeal of the attack ad’s over the regular advertisements online on sites like YouTube, the negative commercials lampooning the automobile company were much more widely viewed. But, as I said, one could only argue, and not sustain, that this actually supports the fact that ways to advertise to consumers are being lost. Before this claim is made, an individual must realize certain facts.
First, the company, Chevrolet, is known for selling large, generally fuel inefficient vehicles, which have angered some more eco-friendly consumers. Second, one must remember that many other companies have succeeded where Chevrolet has failed. For example, Burger King and Converse, both nationally recognized chains, have previously launched online “mashup” campaigns. The difference, however, was simply the type of users responding to the company’s promotion, and the products of the company itself. In contrast to what happened to Chevrolet’s dealings with “mashups”, Converse was actually so successful with their endeavor, that numerous of the submissions were actually brought onto national television and later went on to receive critical acclaim.
This is a great article for any individual researching the idea of “mashups” and user generated content being used by corporations. It shows what can go right, what go wrong, and what can flat out backfire when users are involved in advertising of a product.
The main purpose of this article would be to introduce the concept of the “mashup” to the reader. Written as a somewhat filler piece for the March 6th’s Newsweek, it’s short, sweet, and to the point. The author intends to write to a slightly older audience, and begins his article with this sentence: “Unless you're a geek, obsessed with DJs or under the age of 35, chances are you've never heard the word ‘mashup.’” This shows that the piece is actually perfect for my aforementioned plan of introducing the concept of “mashups” to anyone not acquainted. A great part of this article is that it actually breaks “mashups” into the three categories that it can be created within: Video, music, and “web apps.” Although the third category of “web apps” is great, (and a big, meaningful part of the internet and the Web 2.0 movement) I don’t believe that it would have much use in an essay about more artistic “mashups” and the new electronic remix culture.
In any case, like previously stated, the article gives great examples of creative “mashups” such as DJ Dangermouse’s "The Grey Album," which took the lyrics from Jay-Z's "The Black Album" and mashed them with the Beatles' "White Album,” a plethora of Brokeback Mountain parodies (which are well within the bounds of fair use), and a “mashup” of Tom Cruise's appearance on "Oprah" where he confessed his love for Katie Holmes, juxtaposed against Oprah’s with her scolding of the author James Frey. As far as articles on internet sensations go, with many examples, and a sufficient definition, this piece is some of the best information an individual can find on the ever changing pop culture craze that is the “mashup.”
This is a great piece because it helps many individuals who do not know much about copyright law to become informed, of what is legal, what isn’t, why there’s so much fuss about YouTube, and what they can do to prevent illegal material from popping up on the site. It begins with “Ron” informing the viewer about a recent suit brought against the site, by Robert Tur, a helicopter cameraman who has taken numerous famous video clips, such as the OJ Simpson chase, and the LAPD police beatings. Mr. Tur feels that YouTube is purposely profiting by the infringement of illegal videos because of advertisements. However, our lawyer friend, Ron, states YouTube is not violating the DMCA because there is no way to see if the loads and loads of copyrighted material is drawing in ad revenue, or if the loads and loads non-copyrighted material is. He even presents what’s good for YouTube, and what’s bad for YouTube. He then states that in his lawyer opinion, that he believes Tur will lose.
In the ten minute video, Ron also mentions many other copyright related subjects, such as Fair use, the Digital Millennium Copyright Act, the Betamax case, Napster, Grokster, and others. This is a great source because it tries to help YouTubers avoid copyright infractions by offering advice, (though not legal advice, as the beginning of the video starts off with “The opinions in this video are the authors alone, and do not constitute legal advice.”) so that they can keep YouTube legal and running. In an essay about remix culture, this piece would serve as a devil’s advocate of sorts, showing that YouTube could possibly still survive without its popular, but illegal videos. In my opinion, however, this is probably not as possible as “Ron” puts it, but it’s a unique view nonetheless.
This article, by online Newsweek contributor Brad Stone, discusses what YouTube represents in the online community. It begins by offering a point, saying “what if YouTube is the Napster of video?” Stone then refutes it by giving specific examples. He states that YouTube is cooperating with copyright holders much more than expected, and is taking down material quickly and but not very efficiently. To combat this problem, YouTube is apparently working with other companies to create a video reconition program that will be able to identify copyrighted material and remove it.
As you might already be thinking, this is bad for remix culture that wants a large audience such as the viewers of YouTube. It not only slows the flow of creative and derivative works dramatically, but forces creators, who want to use YouTube as a medium, to use works that are royalty free, in the public domain, or ask for permission for use (which almost is never granted).
This piece does not only give a good explanation of what YouTube is, and where it has come from, but shed’s light on a possible future for the site. If what Mr. Stone predicts comes to fruition, it would mean a entire medium for copyright infringing works would be gone; whether this is a good, or bad thing for society, is up for interpretation.
To those not acquainted, the Grokster case was the final decision by the U.S. Supreme Court to make most p2p file sharing applications illegal. The court reached this decision after it reviewed an appeal of another appeal that went from a dismissal by the United States District Court for the Central District of California in 2003, to the Ninth Circuit Court of Appeals, where the previous decision was upheld. When relating special court cases to sites online today, an individual may spring to the conclusion that the Sony Corp. v. Universal City Studios case would provide the answer easily. This was the case that prevented VCR manufacturers from having liability and suit brought against them for contributory infringement when users created copies. While the court in the Betamax case famously stated that VCR’s were "capable of substantial noninfringing uses," the decision in the Grokster case stated that even if something has the ability for those noninfringing uses, if no action is taken to prevent infringement of copyright law, it may be guilty of contributory infringement.
How does this relate to the sites and programs used today? Do the YouTubes and BitTorrents have to fear the wrath of possible copyright infringement? The Answer is no, they do not; but, there is a caveat, they must follow the rules of Section 512 of U.S. Copyright law and remove infringing work. This case undoubtedly very significant when approaching and concerning intellectual property theft and property theft in the digital age.