Re: copyright expiration as a spur to creativity

On 1 Sep 98, Albert Henderson <noblestation[_at_]compuserve.com> wrote:
>
> I don't see why a "potential" author or artist is unable or unwilling to
> obtain permission to quote when it is necessary to do so. The protection
> ultimately works in their favor!

Two possible reasons spring immediately to mind: (1) The author of the piece quoted might not grant permission, particularly if the use was deemed to be in any way insulting or improper; or (2) the number of permissions required could be quite large and obtaining them would be expensive and time-consuming.

These issues come up more or less frequently in the case of cutting-edge work such as collage or appropriation art. Often, an artist will want to quote the original work in a manner that is critical, using the specific work to stand in for a larger genre or body of work. An example might be the "Air Pirates" case (poking fun at a "Disneyfied" culture) or the appropriated visual images employed by U2 in their "Zoo TV" stage show (calling into question the values of a culture drenched in television). Also, all sorts of musical works involve enormous numbers of samples. For instance, the Beastie Boys' "Paul's Boutique" album required the clearance of over 400 samples. Of course, this is perfectly doable for the Beastie Boys, with the services of a full-time attorney and the weight of Capitol Records behind them. It is considerably more difficult for an artist working in his or her basement.

Happy trails,
Rod

Rod McCarvel
<rod[_at_]seanet.com>

"The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread."

          -Anatole France Received on Thu Sep 03 1998 - 01:41:28 GMT