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This essay by Elizabeth Stark is another in the genre of pleas for "hip use" exceptions to copyright law. Funk remixes from Brazil, this time. A few short remarks in response:
1) What law is she talking about, being out of touch? Fair use and transformative use is alive and well. Insofar as it doesn't, digital communications will enable markets in snippets and bits of things if we want 'em. But an awful lot of the neat user content being posted online--citizen journalism for example--doesn't raise any copyright issues at all, facts and ideas not being copyrightable. And frankly, this stuff is going to be a lot more significant going forward than remixes.
2) For every musician in a developing country "thriving" in an environment where copyright is barely enforced, there are a bunch of others who can't make a living. Not to mention the difficulties of visual artists, craftspeople, textile artists and so on whose work is not amenable to being funded by the throwing of enormous parties.
Enough already.
posted by Solveig Singleton @ 8:28 AM | Access: Commons, Fair Use, Orphan Works, Public Domain, International, Internet: P2P, Search Engines...
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