[rumori] Re: pho: Re: "threshold" for copyright??

From: Don Joyce (djATwebbnet.com)
Date: Thu Mar 01 2001 - 18:46:26 PST

The distinction is always clear and could be made to stand as law easily.
Art is selling ONLY itself. It is intended as an end in itself, no matter
how much it uses "selling" techniques for itself or anything else outside
itself. Ads, however, are ALWAYS selling something OUTSIDE their own
content, are paid by this outside interest to mention it, and only exist in
the first place for this specific ulterior motive. It is this ulterior
motive of all advertising which necessarily separates art from advertising.
Is there someone among us who can't tell the difference between art and
advertising? If so, just follow the money for confirmation.

Creatrivity, the act of utalizing "advertising" techniques, or the level of
art involved need not be applied to this distinction at all because they
exist in both art and ads. The only useful distinction is whether the thing
exists as an individual's end in itself (free expression, which may involve
the voluntery "advertising" of something!) or as a bought and paid for
endorsement of any product beyond and outside itself. Give me any example
where this distinction is not easily determined.
For instance, as long as art grants and art funders are not calling the
content shots, it's art and not advertising even if the artist chooses to
endorse the art funder with his art! It's enforced endorsement that
distinguishes advertising from free speech.

>In a message dated 2/28/01 9:59:19 PM, phoATmarvster.com writes:
>>It would be interesting to watch that first case where Nike decided to use a
>famous loop under the "Collage Law," and proceeded to claim that their use is
>no less fair than an artist's, whose music *is* their or their label's
>But music *is* advertising for the product which contains it.
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