Your Mashup Is Probably Legal 149
TV Barn writes "We've been conditioned to think that if you pull something off the web and use it, you're committing some sort of copyright infringement. But increasingly, the law is moving in the opposite direction. Provided you are making a truly new use of the content, you are free to make money off those copyrighted images and video and sound. On Monday the Center for Social Media released 'Code of Best Practices for Fair Use in Online Video,' which reflects the latest changes in copyright law that has expanded the understanding of fair use to include 'transformational effect.' Already Miro has endorsed the guidelines, as have several public broadcasters. The Center has a good track record, having issued guidelines for documentary filmmakers that have greatly reduced copyright claims in that area. The website has plenty of resources for mashers and mixers; I interviewed the Center's director in this podcast that summarizes the most important findings of the report." On the other hand, says reader kaliphonia, your guitar tablature sites may not fare so well.
Step 5! (Score:5, Insightful)
Somebody post a copy of Windows XP: I want to memorialize and preserve it, and I'd like to launch a discussion about how MS should continue to sell and support XP.
I guess what I'm saying is, as nice as these Fair Use guidelines are, they're only as good as the lawyers that fight for them and the deep pockets that will fund them.
Guitar Tab doesn't qualify as fair use because ... (Score:3, Insightful)
Either the entire music industry is illegal by definition, or replicating/mimicking a musicians work is not illegal. There is no such thing as a musician who has never played another musicians music.
The sole exception here would be that if someone scanned pages from Guitar Player magazine or some similiar magazine, and then posted the scan on the web, that would be a copyright violation.
And of course, we need a car analogy: Imagine if Ford tried to claim that any instructions explaining how to replace a gasket in their cars manifold was a copyright violation of their manuals.
...in which country? (Score:4, Insightful)
if you pull something off the web and use it, you're committing some sort of copyright infringement.... But increasingly, the law is moving in the opposite direction.
I know the site is USA-centric, but it's probably a good idea to specify the country in the summary. The above blanket statement is obviously not true, since, for example, the Canadian government just introduced DMCA-style legislation that would remove a lot of fair use. I'm certainly not as optimistic as the submitter.
Re:Words too? (Score:0, Insightful)
On the other hand, anything that pisses off Drudge makes me smile inside. The guy's a douchebag and his site is just a collection of second-rate journalism that doesn't even try to hide its strong neo-conservative bias. I'd call it propaganda, but that would be an insult to the real thing.
Re:Oh oh, TFA leads to... (Score:1, Insightful)
Easy: if you're not ultra-wealthy, it's a safe bet that whatever you're doing is illegal.
Re:Step 5! (Score:5, Insightful)
Re:Why any attempt to define "Fair Use" is pointle (Score:3, Insightful)
First, off, whether or not things are still bad, trending towards a broader definition of fair use is still good. Not only in-and-of-itself, but it provides another wedge to start undoing all the other bad stuff and overcoming the factors that lead to abuse.
Second, let's not make the mistake of focusing too much on hosting and take downs. Maybe the RIAA can still force a take down of a mashup, but if the accepted law is that my copy of the Grey Album is legit, my iPod is less likely to be seized at the border.
Re:Guitar Tab doesn't qualify as fair use because (Score:3, Insightful)
Which would be "informative", if not for the fact that performing bands are doing no such thing. If you don't believe me, go to your local night clubs and talk up any of the performers. Ask them who they pay royalties. They will look at you like you have three heads.
Re:Guitar Tab doesn't qualify as fair use because (Score:1, Insightful)
http://en.wikipedia.org/wiki/Clean_room_design
Re:Guitar Tab doesn't qualify as fair use because (Score:2, Insightful)
You can't just copy it word-for-word. In other words, while the facts aren't copyrighted, their organization and expression in a fixed medium (the shop manual) is.
So shouldn't the fact that most of these (usually user-submitted) tabs on most tabs sites are either greatly simplified or completely wrong be their saving grace? I'd call it paraphrasing the work at best.
The phrase "make money off of..." (Score:3, Insightful)
The commonly used language "make money off..." (as the post was written) implies a sort of behavior of taking advantage, some sort of magical money-making simply by having/using/exploiting some particular thing.
Absent is the notion of making a genuine creative effort. Absent is the additional value created. Particularly absent in "make money off..." is the work of marketing and selling the product or service to customers/clients who are happy to pay for the value you've added that they desire.
Sure, there's plenty of much worse crap every day in slashdot "articles", but the phrase "make money off" applied to actual, genuine, bona-fide creative effort to make and market something valuable.... I just wish a better phase could be used.
Re:Oh oh, TFA leads to... (Score:2, Insightful)