Showing posts with label fair use. Show all posts
Showing posts with label fair use. Show all posts

Sunday, February 05, 2012

Webcam monologues from Amanda Congdon to Felicia Day

New media lead to new art forms, and the Webcam monologue is well suited to the mobile Internet.

The first memorable Webcam monologue I recall seeing was Amanda Congdon's dramatic piece on Hurricane Katrina, in which she intersperses still images and moves the camera a few times:



YouTube is filled with Webcam rants and rambling, but Congdon's monologue was original and moving art.

Here's another example. I just stumbled upon a Web series called The Guild, and saw this clip of Felicia Day talking to a Webcam.

The clip is taken out of context, but she's a funny lady and a master of the Webcam monologue. She's expressive, over-the-top and at the same time, subtle.

These are are well above your typical YouTube videos and I can imagine many others. Have you seen any noteworthy Webcam monologues?

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The Felicia Day clip shown above was flagged as possibly infringing on copyright by Google. Rather than take it down, they added ads. Did you see an ad with this post? If so, what was it for? Do you think my including the clip was fair use? Why did I do it? Did I harm Felicia Day? Did I use a substantial portion of the original video?

I wonder if Google or the copyright holder gets the revenue from the ad or they split it. Was the suspected infringement discovered by a Google algorithm or one run by the copyright holder? If Google discovered it, did they ask the copyright holder whether they wanted to take it down or place ads on it?

Thursday, December 29, 2011

Is fair use moot in the Internet era?

Today's New York Times has an excellent article on a case in which the court ruled that artist Richard Prince had broken the law by using photographs from a book about Rastafarians in a collage without permission.

The article (and its enlightening comments) goes well beyond this case. It examines the notion of "fair use" of copyrighted material, in which the result transforms the thing used, adding value to the original and culturally enriching society.

But, cultural enrichment is in the eye of the beholder.

Do you think Stephanie Lenz should pay the musician Prince a royalty because his song "Let's Go Crazy" is playing in the background of this video of her baby?

U.S. Federal District Court Judge Jeremy Fogel answered "no" and the video was restored to YouTube.

That case is pretty blatant -- it did not cost Prince sales and was not intended for the same audience as his recording. But, how about this case -- do you think 2 Live Crew should reimburse Roy Orbison for their sampling of his song "Oh Pretty Woman?"

The Supreme Court decided in favor of 2 Live Crew, ruling that their recording was a parody of Orbison's and was aimed at a different audience.

Regardless of your viewpoint on any of these cases, it is clear that there can be no definition of "fair use" that will satisfy everyone. Indeed, the whole thing may be moot in the Internet era. Do you really expect me to contact the copyright holder and get permission before I use an image I find using Bing or Google to illustrate a blog post?