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

From: Steev Hise (
Date: Thu Mar 01 2001 - 20:47:58 PST

Thu, 1 Mar 2001 found Don Joyce writing:

>achieve fair use for collage. Someone COULD claim their compilation of
>samples IS a work of art, but it should and would be quickly thrown out of
>court, hopefully with the admonition, "You can do better than this..."
>Honestly, the "is it or isn't it?" art factor for courts would be a hell of
>a lot easier than the "is it or isn't it" pornography factor they deal with
>all the time. Once you know the rules, distinctions are comparitively clear
>and easy.

Hopefully. This appears to be exactly one of the very big
problems in our fight. Can we really ask a judge to decide
what is art and what is not? We can but how many are really
qualified? Or even willing?

Is Britney Spears' music art?

Are her videos? Aren't videos just a commercial for a
record? What about Bill Viola's videos? They're for sale for
large sums of money. Isn't a gallery show, in a way, just an
ad for some art?

very problematic.

of course i'm engaging in devil's advocacy here, i
agree with your basic distinction, but i fear that that will
never be one clearly made in a court or Congress. It's a
bit like the fight to limit billboards, etc. Commercial
speech is just speech, say the marketeers, and hence is
protected by the First Amendment. Trying to draw the line
and say commerce must be limited, must NOT have the same
rights as a person (much less an "artist", whatever that is)
is a big big fight, bigger than this one about copyright.


Steev Hise, Syssy Admin
"Collage is the essential psychological identity of this century."
                -Charles Amirkhanian

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