[NetBehaviour] Cariou vs. Prince: THE COPYRIGHT BUNGLE

Michael Szpakowski szpako at yahoo.com
Sat Apr 2 12:17:53 CEST 2011


Of course here the "standing on shoulders" metaphor breaks down unless we're contortionists because I personally owe you a great deal Brian...
 
There's a continuum from influence to appropriation to remix to criticism - it's called being a human being.
 
The defence of copyright *is* of course about money but at a deeper level than each particular instance - it's about defending the notion of the isolated and hence deserving genius whose work somehow springs fully formed out of the space between his or her ears; about confirming the idea that, in the words of Margaret Hilda Thatcher, "there's no such thing as society". It's not that the judge failed to understand art - it's that she understood all too well existing property relations, which she is tasked to defend, and the relations of hierarchy and deference that are need to underpin them.
 
Whereas I think, in the most profound of senses, we're not alone...it's a horrible bloody hierarchical mess out there but one can discern the outlines of something better....
michael

--- On Sat, 4/2/11, brian gibson <baiowulf at gmail.com> wrote:


From: brian gibson <baiowulf at gmail.com>
Subject: Re: [NetBehaviour] Cariou vs. Prince: THE COPYRIGHT BUNGLE
To: "NetBehaviour for networked distributed creativity" <netbehaviour at netbehaviour.org>
Date: Saturday, April 2, 2011, 12:21 AM


> Even when artists have not appropriated they have always stood on the shoulders of others, for techniques, for subject matter, for an appraoch to that subject matter, for materials, for everything




i suppose i owe you and Doron royalties then, Michael ;)









On Fri, Apr 1, 2011 at 7:01 PM, Michael Szpakowski <szpako at yahoo.com> wrote:

And in a reductio ad absurdum the argument could be applied to *any* kind of representation, by whatever means, of *anything* where someone feels they have some "intellectual property rights".
Even when artists have not appropriated they have always stood on the shoulders of others, for techniques, for subject matter, for an appraoch to that subject matter, for materials, for everything. Human beings are irredeemably social in all they do and art is no exception.
michael


--- On Fri, 4/1/11, Rob Myers <rob at robmyers.org> wrote:



> From: Rob Myers <rob at robmyers.org>
> Subject: Re: [NetBehaviour] Cariou vs. Prince: THE COPYRIGHT BUNGLE
> To: netbehaviour at netbehaviour.org
> Date: Friday, April 1, 2011, 11:27 PM



> On 01/04/11 21:51, bob catchpole
> wrote:
>> > Are you sure you know what you're talking about?
>
> Yes.
>
> "[...]early in the history of photography, there was a
> series of
> judicial decisions that could well have changed the course
> of
> photography substantially. Courts were asked whether the
> photographer,
> amateur or professional, required permission before he
> could capture and
> print whatever image he wanted. Their answer was no.[^31]
>
> The arguments in favor of requiring permission will sound
> surprisingly
> familiar. The photographer was "taking" something from the
> person or
> building whose photograph he shot - pirating something of
> value.[...]"
>
> http://www.jus.uio.no/sisu/free_culture.lawrence_lessig/plain.txt
>
> - Rob.
>
>
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