« Executing child-rapists | Main | Henderson CBI: CEOs are Underpaid »

May 24, 2007

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c031153ef00d8357d2c8f69e2

Listed below are links to weblogs that reference Doing Mashups with Walt and George:

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Tim

Don't you think part of the problem here is the simple lack of precedent? It seems to me you could make an awfully strong case that the Faden video is a transformative use. While in the aggregate, he used about 10 minutes of footage, I don't think any one segment is more than a couple of seconds long. But Disney's smart enough not to sue in a case like this where there'd be a high probability of setting an unfavorable precedent. So there's a big grey area in the law: there are lots of uses that most people think are probably fair use, but that's not enough certainty to build a business on, so such activities remain in the fringes.

I'm not sure what the solution is. I'm always skeptical about having Congress get involved, I imagine that at some point, a mashed-up video work will become a big enough success that the relevant copyright holder will choose to sue. But in the meantime, I think the legal gray area may be holding back this type of creativity.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.