I just finished reading a news story about the EFF (Electronic Frontier Foundation) and a judge's ruling earlier today about "fair use." The case in question: a 29-second YouTube video of a dancing toddler that had a Prince song playing in the background. The record company said it was a copyright violation; the creator of the offending video said it qualified as "fair use."
In this case, the judge ruled in favor of fair use and not the record company. And thank goodness....because at this rate, we might have to start wearing special earplugs to avoid accidentally overhearing music that we didn't pay for...like, from that open car window, for instance.
I like this statement from the court:
"A good faith consideration of whether a particular use is fair use is consistent with the purpose of the statute. Requiring owners to consider fair use will help “ensure that the efficiency of the Internet will continue to improve and that the variety and quality of services on the Internet will expand” without compromising “the movies, music, software and literary works that are the fruit of American creative genius.”
And not just American creative genius, I might add. The issues of copyright are challenging, and that's why my own downtempo music podcasts focus predominantly on artists and labels who offer Creative Commons-licensed music as much as possible...except in a few cases where the musician or the label gives me permission to include their work.
Curious? Check out my latest podcast episode. (There's only a brief voiceover intro followed by 50 minutes of uninterrupted music, then a summary of artists and track names at the end.)
There's a lot of great, independent music out there that's not signed with the big labels, so some of this brouhaha can be avoided altogether....
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