Re: copyright expiration as a spur to creativity

On 2 Sep 1998, Rod McCarvel <rod[_at_]seanet.com> wrote:
>
> 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.

You might add "critical" to you list under (1). I have in my files a letter from a staunch "advocate" of the expansion of fair use denying permission for me to quote their words in a negative context. Insofar as large numbers of permissions go, such chores are undertaken if the result is worth it. Check out the acknowledgements in any compilation of poety, modern art or photography book, etc.

> 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.

If obtaining permissions is too much work, try doing something that is entirely original.

Albert Henderson, Editor, PUBLISHING RESEARCH QUARTERLY <70244.1532[_at_]compuserve.com> Received on Tue Sep 08 1998 - 13:30:34 GMT