A decade ago, somebody uploaded a video that mashed up an iconic dance scene from THE BREAKFAST CLUB (1985) with a current popular hit, Pheonix's Lisztomaniahttps://www.youtube.com/watch?v=XtE-xnPKj28 …
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Shortly after that went viral, a group of Brooklyn let's-face-it hipsters did a shot for shot remake of the mash-up, which was pretty exciting at the time!https://www.youtube.com/watch?v=U1ywFh2AZLg …
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This was what (lol) we now call a meme. They used to be more sophisticated than top-text-bottom-text. Then a group in SF did it too and it was off to the races, with versions popping up from all over the place. AOC appeared in the Boston University takehttps://www.youtube.com/watch?v=Qj2Xald7NYQ …
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Then some wild things happened! Larry
@Lessig included this phenomenon in his videos on fair use, because it was a good fun example of fair use that brings people joy to watch. And then Phoenix ('s record label) got his talk taken down!https://www.techdirt.com/articles/20130822/22593124287/larry-lessig-threatened-with-copyright-infringement-over-clear-fair-use-decides-to-fight-back.shtml …Show this thread -
Obviously it was fair use and he was Larry
@Lessig so he didn't do what most people do in that situation, which is curse the fickle copyright gods and give up. Instead, he and my (former employer)@EFF sued over the improper takedownhttps://www.eff.org/press/releases/lawrence-lessig-strikes-back-against-bogus-copyright-takedown …Show this thread -
They settled, and the record label paid
@Lessig an undisclosed amount and changed its takedown procedureshttps://www.eff.org/press/releases/lawrence-lessig-settles-fair-use-lawsuit-over-phoenix-music-snippets …Show this thread -
It sure seems today like those "frivolous" decade-old mashups, and the context in which they arose, is pretty essential to have a grasp of media literacy and understand the disingenuous arguments put forth by the weird people obsessed with AOC!
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Obviously nobody would have argue that the videos should stay up (in their original context, with comments and links intact) BECAUSE a future Congresswoman might be in them. But that sort of unforeseen conversation is exactly what fair use enables!
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Sometimes copyright maximalists seem to live in a world where every use of culture can be enumerated, quantified, and licensed. But that's not how culture works. Not at all.
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This too is an important element: https://twitter.com/derektmead/status/1080916637987917824 … There is also (though it is not apparent from the Lisztomania videos, I concede) a very long history of crafting copyright policy specifically to devalue and/or police expression associated with underrepresented groups.
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It turns out the original creator of the Lisztomania/Breakfast Club mashup had her YouTube account disabled. So if you want examples of overzealous copyright enforcement eliminating important historical context, you needn't look farhttps://twitter.com/3x1minus1/status/1080907557323997184 …
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good thread
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thanks mike
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agreed it was very good
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also thank you bijan. i am always happy to connect current events to obscure copyright policy history
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just kidding it was bad
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to be totally clear, I'm going to do that copyright history thing whether or not it is good
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It was good
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hi where is the tweet you tweeted a long time ago that was something like: "I can turn any conversation to one about copyright" I am trying to find it right now and can't
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I don't know but that sounds a whole lot like me
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maybe I just imagined it, maybe it was about you @ a party or how many moves it would take for you to bring it up, I don't remember
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i'm wondering if it was either https://twitter.com/xor/status/412327972029607936 … orhttps://twitter.com/xor/status/634117591905124352 …
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Seems like it was one or the other but not both. Get it? Because... the boolean operation where it's... ok I'll go now
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