Unsatisfactory Europa: DMCA and Fair Use in the digital arts
RND/ consider conceptual photography set in Europe, highlighting the strange estranged state of Dukkha
3840×2160, 2.1MB .jpg
THIS CONTENT HAS BEEN REMOVED DUE TO ‘COPYRIGHT INFRINGEMENT’
NOT THAT IT WAS VERY GOOD ANYWAY – BUT STILL
Pleased with yourself, little man?
– Roy Batty to Rick Deckard, Blade Runner (1982, Ridley Scott)
Due to recent heavy-handed bullyboy tactics, I’ve been back handed a ‘Digital Millennium Copyright Act’ (sounds serious and self-important) takedown notice from A Real Artist™ for using and remixing photographs found on Flickr – whose entirely free and public display arrived (imo, mmv) under Fair Use. Some notes arising:
- You thought someone’s art was cool enough to work with in the first place; you both display taste – how is that not a positive thing
- Officially sanctioned permission to use The Artist’s photography wasn’t asked – but then what is this anyhow – Kafka’s character “K”, trying to reach the fucking Castle – does one first need form 27B/6 or what
- Several (whole) images were used in the Remix – but then they were transformed more than enough from the (apparently holy) Original©
- No commercial profit was involved (other than ‘protecting one’s artistic investments’, perhaps) and full credit was given (btw “Credit where credit is due” smells like the perfumed Your-Dad’s language of artholes)
- Who really benefits from such takedowns; who is really hurt by such usage – what is this ‘look but don’t touch’ b.s about anyway
I still make zero money from / via art, and in fact run this site at a loss. I do this because I love art and playing with ideas. So thanks for the patience, spirit of generosity and understanding, DMCA piss weasels. Talk about a bizarre siege mentality – of swollen ego privilege expressing an inflated sense of ‘ownership’ over pixels in a certain formation!
To celebrate, here’s some Example Reference Links combined with an image: an explicit socio-political parody / cultural satire on the whole notion of Copyright And The Arts. Share and enjoy!
Example Reference Links
- Organization for Transformative Works
- The Digital Millennium Copyright Act: Overextension of Copyright Protection and the Unintended Chilling Effects on Fair Use, Free Speech, and Innovation (PDF)
- A German Approach to Fair Use (PDF)
- Resisting the Resistance: Resisting Copyright and Promoting Alternatives
- Copyleft vs. Copyright: A Marxist Critique
- Copyright, Permissions, and Fair Use in the Visual Arts Communities: An Issues Report
- Robert S. Boynton: The Tyranny of Copyright?
- A legal victory for ‘appropriation art’ expands when artists can remix each others’ work
- In The Wake of Richard Prince and Instagram, Revisiting Copyright Law, Appropriation and History
- The Libertarian Case Against Intellectual Property Rights
- Electronic Frontier Foundation: Intellectual Property / Fair Use
- Book Review: Margie Borschke’s This is Not a Remix, by Owen Gallagher
- User illusion: ideological construction of ‘user-generated content’ in the EC consultation on copyright
- Hacker News comments on “Ten Hours of Static Gets Five Copyright Notices”
- The Business of Art: Fair Use and Copyright Law
- Autoencoding Blade Runner
// how to play big science