Lawgnome

I know we are beyond parody in our class studies but I thought this was funny. The March of the Penguins has been parodied in the animated Farce of the Penguins. The official movie site is http://www.farceofthepenguins.com/ . Click on “Posse” to see who does the voice overs and there is a feature where you can make your own trailer.

All assignments referenced on this blog can be found in full at  http://entlaw.wordpress.com/ and are part of the Entertainment Law class at Barry University School of Law in Orlando, Florida.

Mashups. What do you think? How do they fit with the rules we have learned so far?

My response:

 I have to agree with Stephen. Mash ups are not created by an “artist” in my opinion. Maybe I should change my view of what an artist is. To have the technology and time to take two different songs and change various aspects of them to create a new work is innovative but not creative. The Beyonce mash up is better than the original because the original seems boring now. The mash up may effect the market for the original work under prong four of the fair use test because the mash up is edgier than the original and possible may confuse a purchaser. Beyonce created her songs to sound a certain way and this bastardizes her original intentions. I enjoyed the mash ups but I still do not feel they are fair use of the original.

I understand the concept of “promote the progress” but what is progress? Is it coming out with something new even if is the result of the efforts of two other artists? I think many people look at music in a different way than they do other forms of artistic expression. This could be because it is audible and not a visual medium. People would be outraged if I were to cut a Georgia O’Keeffe down the middle and then did the same with a Renoir, taped them together and called it my own “original art work”. Different from the original, to be sure, but is it art? Is it progress or is it the lack of an original idea? Shana Carson

Take a look at the following pages:

1. Crappy Childrens’ Art Work 1
2. Crappy Childrens’ Art Work 2

Spot the obvious issues and post a blog comment (on this particular post) articulating the issues, any possible infringement factors, and any possible defenses. You don’t need to write a full on paper on this. I am looking for no more than 750 words, and you can probably get it done in less than that.

My Response:

Disclaimer: Never took copyrights…That being said the works of “art” by the children are a fixed tangible medium, and able to be perceived by others(most likely their doting parents), and is original. The work is copyrightable under these guidelines so I would next look at whether there is fair use of these works. 1) The use does not appear to be commercial because the website lacks ads and is opinion/informational in nature. 2) the nature of the work is original art. 3) The whole of the work was used. 4) the use on the site of the works has no effect on their value, nor does it damage the potential marketability of the work in the future. Under the fair use factors the use of the work would be fair. If I was attorney for Maddox I would assert a defense that the purpose of the use of the work is for criticism and commentary on the art.
Shana Carson

The main idea of my blog will be to discuss topics from my Entertainment Law class. But I will also “critique” celebrity riders, because let’s face it they are funny as hell. That being said, Elton John evidently likes his nuts unsalted…I may also invite some of my friends who are artists to post how they feel about their work with regards to copyrights.

 The portions of my blog that “critiques” riders is meant to be http://maddox.xmission.com/ (Crappy Children’s Art) meets http://www.thesmokinggun.com/backstagetour/index.html The Smoking Gun’s Backstage.

First up…Clay Aiken. This rider is from 2004 before he was the megastar he is today. http://www.thesmokinggun.com/backstagetour/clay/clay1.html

How can I not? It is almost too easy. First off his list of foods he wants in his dressing room reads like a grocery list from a trailer park. White Wonder bread, grape jelly, Doritos, etc. And his dinners have annoying theme nights: American night, Mexican night, and on Sundays he wants a full turkey dinner with all the fixings. Why doesn’t his tour manager just add “Like Grandma used to make”??? Time to grow-up Clay, this is not summer camp and theme nights aren’t cute. But let’s get serious. Clay is allergic to nuts, mushrooms, coffee, mint, chocolate and shellfish. A life without coffee and chocolate would be hell; it would be like…being Clay Aiken.