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Monday, September 14, 2009

MTV VMAs Remix: Kanye West Interrupts Obama's Speech


This is why Kanye wasn't invited to Obama's big healthcare speech. If only the MTV VMA people had done the same - at least they had the good sense to not invite Congressman Joe Wilson. (And Beyonce's video *was* pretty awesome.)

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This transformative remix work constitutes a fair-use of any copyrighted material as provided for in section 107 of the US copyright law.

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4 comments:

  1. "This transformative remix work constitutes a fair-use of any copyrighted material as provided for in section 107 of the US copyright law."

    Interesting legal language.... hummmm. Maybe some of our legal experts can comment on this. Is "fair use" really as broad as claimed here?

    ReplyDelete
  2. I am not a "legal expert", but usually, parody is seen as a form of Fair Use.

    In particular, section 107 states:
    [...] In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work.


    While (2) is ambiguous, imo, given that it's not commercial and clearly designed for humor (1), it's only 13 seconds of video and even less audio (3) and the fact that it will have no noticable effect on the source material of any kind (4), this does indeed qualify as Fair Use.

    Then again, as said, I'm not a legal expert.

    The U.S. Copyright office has more on this.

    ReplyDelete
  3. Well it def has humor on its side:):):)

    The most sensitive part might be the use of Kanye West's voice.

    Then one has to consider the fact that YouTube now has advertising so one could argue that any video on youtube is a "commercial use".

    However, it would be nice to think that Ren is correct:)

    ReplyDelete
  4. http://kanyelicio.us/http://lg15today.blogspot.com

    ReplyDelete




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