I personally like the remix/sampling culture. Back in college, I used to make anime music videos; these days I like going to mashup nights like Bootie (http://www.bootiesf.com).
Do these sorts of uses qualify under fair use? According to the current definition of "fair use" in federal law (cited upstream), probably not. Do I enjoy them anyway? Yep. The law is the law, and as far as I am aware, if Cypress Hill (or, more likely, their label) wanted to sue the mashup artists who sample "Jump Around" (one of the most widely used sources of bass line in mashups), or the DNA Lounge for playing these mashups, they could do it, and they'd probably win. I think it would be a real detriment to modern musical culture if suing mashup artists became commonplace, but, again, the law is the law.
I don't really understand your argument that someone remixing your YouTube video "inhibits [your] creative expression", though. The original still exists, after all. Would you mind expounding on that a little more?
I'm coming from this as a published author whose stories have been remixed, by the way -- people have incorporated material from stuff I've written into a timeline of the Cthulhu Mythos and into roleplaying game materials, and when I've run across these sorts of uses, I've felt extremely complimented that someone found my work inspiring enough to base something else on. I know that my opinion is not always shared, though.
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Date: 2008-04-13 04:24 am (UTC)Do these sorts of uses qualify under fair use? According to the current definition of "fair use" in federal law (cited upstream), probably not. Do I enjoy them anyway? Yep. The law is the law, and as far as I am aware, if Cypress Hill (or, more likely, their label) wanted to sue the mashup artists who sample "Jump Around" (one of the most widely used sources of bass line in mashups), or the DNA Lounge for playing these mashups, they could do it, and they'd probably win. I think it would be a real detriment to modern musical culture if suing mashup artists became commonplace, but, again, the law is the law.
I don't really understand your argument that someone remixing your YouTube video "inhibits [your] creative expression", though. The original still exists, after all. Would you mind expounding on that a little more?
I'm coming from this as a published author whose stories have been remixed, by the way -- people have incorporated material from stuff I've written into a timeline of the Cthulhu Mythos and into roleplaying game materials, and when I've run across these sorts of uses, I've felt extremely complimented that someone found my work inspiring enough to base something else on. I know that my opinion is not always shared, though.