collage (was:FNV-RIAA IS CRACKING DOWN)

["Thomas W¿hni" <hovard@online.no>]

Hi Edward , I don`t think collage techniques could be regarded as theft , 
because you are not stealing/using the product but the IMAGE of it. You 
are using pictures of it.
Or in the case of that torched Mac-keyboard , Mac`s product lies in the 
performance of the machine the technology , the reliability etc.  That 
artist wasn`t using Macintosh to boost his own similar product. At least 
thats what I think.........

Yours , Thomas




Feel free to check out my web-site:
http://www.geocities.com/Eureka/Promenade/1628/


>
>
>What do y'all think about visual artists who use collage-type techniques 
>in
>their work?  For example artists (whose names I won't list here) who use
>commercial advertisements, national icons, media characters, brand names,
>etc...  as part of a mixed media painting?  Or sculpture (I recall one
>friend who nailed a mangled MacIntosh keyboard into a piece of sculpture
>and burned it and then exhibited the remains)?  Would that person be
>obligated to ask Apple for permission?  I'd think that that's a rare (if
>ever) occurrence.  Is there 'theft of image' here?
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>Kim Flint <kflint@chromatic.com> on 08/26/98 03:53:28 AM
>
>Please respond to Loopers-Delight@annihilist.com
>
>To:   Loopers-Delight@annihilist.com
>cc:    (bcc: Edward Chang/AMS/AMSINC)
>Subject:  Re: Fwd: FNV-RIAA IS CRACKING DOWN
>
>
>
>
>At 01:37 AM 8/26/98 -0500, mark sottilaro wrote:
>>As a creator of original music I find nothing wrong with this at all.
>>
>
>I used that argument in 1986, and I have not granted you permission to use
>it. You will be hearing from my crack legal team shortly!
>
>
>But really, I think you would have a difficult time arguing that the
>zillions of recordings being made in the numerous collage-based genres,
>using samples, are all unoriginal. Negativland makes a very good point
>about
>the Fair Use principles of copyright law, and the rights granted therein.
>Fair Use has always been a part of the law, but there are not many
>precedent
>cases available to define it very well. So the situation is a bit vague,
>there aren't any solid legal guidelines to follow, and now advances in
>digital media are pushing the issue to a head. I would imagine that with
>big
>record companies and the RIAA aggressively threatening people with 
>lawsuits
>to make them give up their fair use rights, it won't be long before we see
>more of this being tried in the courts.
>
>Anyway, Negativland convinced me of all this several years ago. They have
>been making the fair use case quite eloquently for many, many years, and
>I'd
>suggest checking out what they have to say before making reactionary
>statements. Most people don't have a very good grasp on what copyright law
>is all about, even when they think they do (like confusing copyright with
>property rights), and even fewer know what Fair Use is. It's a worthwhile
>thing to learn, rather than assume....
>
>Negativland is also a really cool experimental-noise-found sound music
>group, not to mention master media artists. Nobody writes press releases 
>as
>well as they do! they've turned this whole Fair Use crusade into a media
>art
>project in and of itself, which is quite fun to follow. Their book "Fair
>Use: the Story of the Letter U and the Numeral 2" is geat, chronicling
>their
>experiences getting almost sued off the planet by U2, Casey Casem, and
>Island Records, because of a sample on a record. (you might never get to
>hear the original version, but the song is extremely funny....) Of course
>that is the same U2 that samples local news broadcasts and tv shows during
>their stadium concerts, and manipulates them on their giant video screen,
>without seeking permission from the local tv stations. Apparently their
>lawyers lack the gene for Irony.
>
>Negativland is here, they can speak for themselves just fine:
>http://www.negativland.com/
>
>kim
>_________________________________________________________
>Kim Flint, MTS                     kflint@chromatic.com
>Chromatic Research                 408-752-9284
>http://www.chromatic.com
>
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