For this week’s Internet and Society class we were teased on the following questions. This gave me insight to understand what fair-use and copyright actually means.
Is the remix/reuse a “fair use”? Why or why not? (include a discussion of the four factors that are considered in fair-use cases)
- Remix/reuse has practically become normal for many of us. Many videos and songs are remixes. Some are remixed for fun and some are done for profit. The question is whether the remix is fair use. In the remix of Little Sister originally done by Elvis Presley I would have to say that the remix is not fair-use based on the four factors of fair-use cases in the “Reproduction of Copyrighted Works by Educators and Librarians”. Fair-use is not necessarily a right. The song was a remix done for a club and not for educational purposes. The remix of the whole song was used for entertainment by a club which cannot be considered a non-profit organization. There is a possibility that there may be an economic loss that the copyright holder is entitled to. The remix of this song may compete with the original. People may tend to purchase the remix over the original.
Who benefits from the remix/reuse? The original creator? The remixer/reuser? The audience? Why?
- The club and the audience would tend to benefit more from the remix. The remixer could sell the remix and make a profit. Also the audience has the option to purchase and enjoy the music. The remix was done to suit a certain crowd. The environment in which the song is being played satisfies the audience and the remixer.
In “Walking on Eggshells,” Jordan Roseman said, “there’s no question that at some point using other people’s recordings is 100% your creativity and then at some point it is 0% your creativity.” What do you think he meant by this statement and how does it apply to your example?
- In “Walking on Eggshells”, when Jordan Roseman says “at some point using other people’s recording is 100% your creativity”, I believe he meant that one is able to take something and make it into anything they want to. One can be creative and use someone else’s recording for a different purpose than what it was originally created for. At some point it is 0% their creativity because they were not the ones who produced or created the original recording. For example in the remix of Little Sister, the beat that was added, and the music in the background is the creativity of the remixer DJ Ethan. It was created to satisfy his audience. The remix can be considered 100% his. However the original song was done by Elvis Presley so it is 0% DJ Ethan’s.
Do you agree or disagree with the artists’ viewpoints as expressed in “Walking on Eggshells”? Why?
- I do agree with the artists viewpoints as expressed in “Walking on Eggshells”. Something has to come from somewhere. People get inspired by things that they either hear or see. Someone can create something, then another person can make something completely different from that same original creation. Some of the greatest artist reproduced songs that were not originally theirs and became famous as result. The songs may not have originally been theirs but because of their creativity in reproducing the songs they benefited.