1. austinkleon:

Kind of Screwed - Waxy.org

This is an absolute must-read account by Andy Baio, who was threatened with a lawsuit by Jay Maisel, photographer of the Miles Davis photo on Kind of Blue, which Baio had transformed into pixel art for the cover of his 8-bit tribute, Kind of Bloop. Goddamn terrifying murky waters of fair use that some of us swim in. Go read it: it’s every artist’s nightmare.

There are a lot of myths and misconceptions about “fair use” on the Internet.  Everyone thinks they know what fair use is, but not even attorneys, judges, and juries can agree on a clear definition.  The doctrine itself, first introduced in the 1976 Copyright Act, is frustratingly vague and continually being reinterpreted.

Four main factors come into play:

The purpose and character of your use: Was the material transformed into something new or copied verbatim? Also, was it for commercial or educational use?
 The nature of the copyrighted work
 The amount and substantiality of the portion taken, and
 The effect of the use upon the potential market…In his influential paper on fair use, Judge Pierre N. Leval wrote, “Factor One is the soul of fair use.” Stanford’s Fair Use Center asks, “Has the material you have taken from the original work been transformed by adding new expression or meaning? Was value added to the original by creating new information, new aesthetics, new insights and understandings?”

Seriously, go read. Sorry this happened, Andy. Thanks for sharing with the rest of us.

Kind Of Screwed.

    austinkleon:

    Kind of Screwed - Waxy.org

    This is an absolute must-read account by Andy Baio, who was threatened with a lawsuit by Jay Maisel, photographer of the Miles Davis photo on Kind of Blue, which Baio had transformed into pixel art for the cover of his 8-bit tribute, Kind of Bloop. Goddamn terrifying murky waters of fair use that some of us swim in. Go read it: it’s every artist’s nightmare.

    There are a lot of myths and misconceptions about “fair use” on the Internet. Everyone thinks they know what fair use is, but not even attorneys, judges, and juries can agree on a clear definition. The doctrine itself, first introduced in the 1976 Copyright Act, is frustratingly vague and continually being reinterpreted.

    Four main factors come into play:

    1. The purpose and character of your use: Was the material transformed into something new or copied verbatim? Also, was it for commercial or educational use?
    2. The nature of the copyrighted work
    3. The amount and substantiality of the portion taken, and
    4. The effect of the use upon the potential market

    …In his influential paper on fair use, Judge Pierre N. Leval wrote, “Factor One is the soul of fair use.” Stanford’s Fair Use Center asks, “Has the material you have taken from the original work been transformed by adding new expression or meaning? Was value added to the original by creating new information, new aesthetics, new insights and understandings?”

    Seriously, go read. Sorry this happened, Andy. Thanks for sharing with the rest of us.

    Kind Of Screwed.

Notes

  1. mnemovore reblogged this from kickstarter
  2. somasurrender reblogged this from lovecake
  3. andreablythe reblogged this from kickstarter
  4. seraix reblogged this from austinkleon and added:
    I found this from austinkleon— Austin Kleon is right— copyrights are a huge deal for artists. At school, if they suspect...
  5. thethp reblogged this from austinkleon
  6. phillipjackson reblogged this from kickstarter and added:
    Something a lot of young people should pay attention to.
  7. sandstep reblogged this from kickstarter
  8. micmak reblogged this from austinkleon and added:
    Kind Of Screwed.
  9. heyjoie reblogged this from austinkleon
  10. gregcohn reblogged this from kickstarter
  11. oppositeoffaith reblogged this from kickstarter
  12. therhapsodyingreen reblogged this from kickstarter and added:
    Couple issues I have with this. I’ll note that in a perfect world I would love for artists to get paid for their work...
  13. kickstarter reblogged this from austinkleon and added:
    Just wrote about this on the Kickstarter blog. Andy’s post is required reading for anyone producing creative work as...
  14. ajarrodphipps reblogged this from austinkleon and added:
    An awesome project made in absolute adoration of the original, scorned. Why do people have to be such jerks?
  15. wrlittle said: Wowzer… fuck, that’s the shits.
  16. dauragon reblogged this from austinkleon and added:
    This shit is redonkadick.
  17. tracesoftraces said: the point of this more seems to be about how much of an asshole the original photographer is
  18. lovecake reblogged this from austinkleon