In the case of the written word, I can quote a few words from the latest best-seller and know that I am legally protected by the doctrine of fair use. In the case of digital media, the US 6th Circuit Court of Appeals ruled that no such fair use exists at all when it comes to sampling. In the case of the written word, it is possible to quote and rearrange concepts as a form of criticism, satire, parody, or public discourse, but the record industry claims there is no such right when it involves quoting from their music catalogs. In the case of the written word, it is possible to draw inspiration (and characters) from multiple sources and to bring those characters together in a new context to reveal new truths (or at least discussions) about the human condition, but when this is attempted with musical materials (such as Danger Mouse’s The Gray Album), the music industry demands no less than total destruction of all such works.
Whatever freedoms have been won when it comes to the textual world of the printing press have been forfeited when it comes to the digital presses of the musical world, which is surprising because both the written word and the musical sound are fundamentally covered by precisely the same law: copyright. Why should copyright treat one expression, one media so differently than another?
Continue reading “Copyright v. Culture”
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