Communication Overtones Comments
As you note, fair use isn't a new principle and the rules don't change in the new media age. The problem is that the law has a four-pronged test that you describe and any law that has those sorts of tests becomes problematic to interpret. Even within each of the prongs, there's no black and white, only gray.
There are several things worth noting in the context of the current debate. First, credit is not a concept of fair use. Whether or not your provide credit is irrelevant. Second, payment matters only inasmuch as it relates to a licensing agreement between the creator of the original content and whoever is reusing it.
Fundamentally, copyright law suffers from many of the same problems as patent law. It is often vague, always subject to individual interpretation, and unnecessarily complex. But it isn't likely to change anytime soon, so we will likely need to depend on individuals to work issues out on their own.
Kami,
To even ask if "fair use extends to images and audio files," shows how incredibly out of your league this topic is. On so many levels it demonstrates clearly the central weakness of Web 2.0. Amateurs have zero business spouting opinion about sophisticated professional topics.
As part of your PR training... Jesus.
- Amanda
Amanda, rather than ridiculing Kami, it might be more helpful to offer up what you do know. These personal attacks really do detract from the viewpoint you are expressing.
Chip;
I think the fact that individuals disagree so violently is of issue here. How do you ensure that you stay out of trouble. Like I mentioned in my post, PR programs often cover fair use, and certainly journalism programs do, but there is no surefire way to guarantee that you don't violate the law.
As to Amanda's tiring and uninspired commentary, I never said I was an expert on fair use law. I asked a question and of course this blog is my opinion. I think it is an interesting thing for us to consider as content creators.
Chip,
I am not an attorney. I do not offer opinion/advice regarding medical or tax issues either.
Furthermore, it was not a personal attack. It was an attack on a ridiculous personal opinion.
The point is: either make a case or defer to bona fide experts. This regrettably is not a part of PR training.
- Amanda
As you know, there are two kinds of trouble here. From a legal perspective, copyright lawsuits aren't cheap to bring, so realistically the legal risk is fairly low. Even if someone ends up treading on fair use, unless they are violating the rights of a big company with deep pockets, they're unlikely to face serious problems.
The other issue is the court of public opinion. The question there is how much is someone hurt by violating fair use from a PR standpoint. That's an open question, in my view, and relies very much on case-by-case interpretation just as the legal question does.
Finally, there's the discussion of what's right, which seems to be part of what you're getting at here. Plenty of room for disagreement there!
Certainly an interesting question to explore.
8. 'You shall not steal.'
Chip; That is exactly my point, doing what is right. But what I think is right and what you think is right are often different. At any rate, I am sure there will eventually be deep pockets to figure this one out, I am thinking the film and recording industries are good bets.
BTW, it seems that Creative Commons licensing is very useful here. On Flickr you can automatically specify the permissions for your work, including commercial uses, allowable modifications and by attribution.
Creative Commons itself raises an interesting question because on the surface it would not seem to trump fair use principles. However, it enters the equally murky area of whether a web site that does not require registration or overt acceptance/acknowledgement can enforce terms and conditions.
Truly a tangled web.
I find it truly scary when an unqualified mob or even a few of its members gets vocal and even emotional when demonstrating their total misunderstanding of basic property. What next? What else don't you know? What other dangerous delusions have we empowered by giving you this new tool? What price do we all pay as we stop to teach the Kamis of the world principles that have taken centuries to fashion? What if these are things that she ultimately cannot learn? What price?
- Amanda
Unlike Amanda, I'll try to add something useful to the discussion - or maybe at least get the discussion started.
Go read about "Friendly Use". Sure, there are huge holes in it. But at least I put some thought and effort into it.
Rob; I am assuming that this is the link to which you were referring?
http://lagesse.org/fair-use/
Chip; You are right that the enforcement is the issue, which is why some of the creators are becoming more vocal, and then getting shot down, by some of the same "mob" to which Amanda derisively refers.
I also know this is a sensitive subject for her since one of her creators has more than a little passing knowledge about the problems inherent with intellectual property rights.
Yes - thanks Kami. I hate it when I forget the attachment!
Again, idiot group think on a subject that intellectually exceeds them all with a bias toward providing a license to the mob for things it does not own. Remember Jarvis' rationale with Dell: Behind him he claimed were 6 million people bearing pitchforks and torches. The message is clear here, the mass needs to reassign/co-opt the value of the few, i.e. the motley no-talent mob needs to muster community to steal. THAT'S what you and Kami added to the discussion Rob.
- Amanda
Amanda... I'm sorry. My simple little mind couldn't follow your disjointed ramblings. It is clear that you are the ultimate source of knowledge and authority and nobody but you could possibly be right.
See - I can write just like you! I just put on my smug, arrogant, know-it-all jackass hat and POOF! Your writing style was channeled thru me!
And no-talent? VERY pompous and ignorant of you to jump to that conclusion based on... based on... nothing.
At least I am proud enough of my talents to post under my real name.
Rob,
You make my point.
- Amanda
I guess I did - I said nothing of value. Just as you have.
I wasn't making a case or like you pretending. I was underscoring that you and Kami were/are both TOTALLY out of your league and too otherwise lightweight to even know.
To even know WHAT? You haven't made a single point. My Twitter offer stands - you feel your superiority over me somehow. Fine. Lets do a live Internet broadcast, audio and video and debate.
Heck, I'll even let you pick the topic.
To the fair reader that braved this twisted comment stream, please re-read the post and notice that no opinion was given, just a question.
Kami,
The questions were stupid and based on an assumption of expertise in this area. You have none.
Rob... pound sand. I don't debate nincompoops.
- Amanda
Amanda - as I thought. You are a coward hiding behind a keyboard and a fictional identity. I'll not waste any more efforts on you - since you don't have the cajones to back up the ludicrous evil vile you spew.
If you had half the balls and brains you claim to have, you would pick a topic and a time and debate me.
Instead you hide behind your keyboard, convincing yourself that you are superior.
Guess what? Nobody else is buying it.
And you are right - you are not a troll. Trolls are usually up do a healthy debate. You don;t have the courage for that. So you hide behind your monitor and your pseudonym and claim everyone is an idiot but you.
In the spirit of the Holiday season I'll ignore you - because that is exactly what you deserve.
Rob,
Let's see... you display the literal mind of not being able understand "identity;" you throw the weak geek "troll" card; and you challenge a debate on any myriad of topics you certainly don't know a damn thing about.
Rob, you (and unfortunately Kami here) are EXACTLY the failure of the Cluetrain. You are exactly the Cultist amateur of whom Keen warns.
Listen, I don't debate nincompoops because you are not qualified to debate anything. Again, what do you know and why do you feel compelled to pollute the ethersphere with your opinion?
- Amanda
Commenting by HaloScan
