from the idea/expression? dept
So it came as little surprise that Rihanna has "settled" the lawsuit with LaChapelle, meaning that she gave him a bunch of cash to go away. The lesson in all of this? Homage is expensive. You're best off not bothering.
by Mike Masnick
Fri, Oct 21st 2011 2:18pm
by Mike Masnick
Wed, Sep 28th 2011 8:36am
by Michael Ho
Wed, Aug 24th 2011 5:00pm
by Mike Masnick
Thu, Aug 18th 2011 2:23pm
There is a basic principle working here (scary, if you're in the TV business) that I've personally been dealing with on The Guild with a mere 2 DAYS! delay of releasing content: People want content immediately, wherever they like to view things. They don't care if you're trying to pay production bills, they don't care if it's the only way to fund things, they want it NOW, they want it CONVENIENT to them personally. Whether this is a reasonable attitude or not, it's what people are used to in this day of streaming on demand, and it's only going to get worse, because cord-cutters are getting more and more common. Long view=not good.From there, she picks up on the trend of cord cutting we've been discussing, echoing to some extent Wil Wheaton's recent comments about the backwardness of many in the TV business today:
To me, the cable box seems like Tower Records 10 years ago, or Borders just 2 years ago. Look at how music and books have shifted to digital, on-demand purchasing. Cable companies are the "brick and mortar" place for video, and that business is dying. People don't have enough time for 140 channels, they have enough time for maybe 10 shows, that's it. Why pay 140 bux a month to watch that many shows when you can buy them individually? Or stream The Wire on Netflix for 8 bux a month, because you missed it the first time? Or play a video game? Or just surf the net?But then she asks a final question, which is basically, "but how will we continue to produce videos" in this world? I should be clear: she doesn't seem to be doing this in the same "but you must save us" way some in the industry have done. She's just asking an honest question she has about where the world is going, because she's unsure:
So my question is: What happens to all those shows when they fragment like that? Who is gonna pay to produce them? What is the future? (And "funded by viewers" model is not the answer, only 1% of people ever really contribute, and the up-front costs of producing video are WAY higher than making a record or a book, etc. Believe me, I understand this personally.)First off, one quick point before delving into the larger question: the whole "only 1% of people ever really contribute" claim is a common one, but I think it's a misleading one. While it lets some people write entire books on evil free riders, it's really meaningless. If you can get more than production costs out of that 1%, the fact that it's just 1% really doesn't matter, right? And, no, I'm not saying it's easy to cover production costs from 1% -- it's not for most productions. But I'm just showing that 1% by itself, without context, is meaningless. What if, for example, that 1% is made up of super wealthy patrons who are happy to fund the full production? Or, more realistically, what if those 1% are people who represent companies willing to buy advertising? Just because it's 1% doesn't mean you can't have a viable business model. The % is meaningless. All that matters is the absolute dollars.
by Mike Masnick
Wed, Jul 27th 2011 7:23am
For instance, the court pointed out that the video's "Pink Room Scene" and LaChapelle's "Striped Face" photograph both feature women dominating men in a domestic scene. That subject is not protectable, the court noted, because "the subjects flow naturally from the chosen idea" of sadomasochism.General frantic mood? General frantic mood?!? How is that a fixed expression? And it's not that not all the details were identical. It's that the details are extremely different.
But the particular way that Rihanna's video portrayed the scenes--including the set, wardrobe, "generally frantic mood" and lighting--was "substantially similar" to LaChapelle images, even if all the details were not identical, the court concluded.
"Both works share the frantic and surreal mood of women dominating men in a hypersaturated, claustrophobic domestic space. Thus, I find that an ordinary observer may well overlook any differences and regard the aesthetic appeal of “Striped Face” and the “Pink Room Scene” as the same," Judge Shira A. Scheindlin wrote in her decision.
The judge dismissed Rihanna's fair use defense out of hand, saying it was so misguided and "unavailing" that the pop singer failed to raise a fair use defense at all.I'm not sure that sentence makes any sense. At the beginning it says the judge dismissed her defense, but at the end of the sentence it says she failed to raise the defense. But, still, it seems like you could make a really strong fair use case here, if you actually believe that there is protectable expression being copied (which I still don't). The purpose seems totally transformative. The amount used seems tiny. And the impact on the market for the photographs seems like it's only likely to be positive, not negative. How wouldn't there be fair use here?
Please be assured that TSA’ s goal is to protect passenger’s rights, including the right to record at passenger screening checkpoints, while ensuring that passenger screening operations can take place in an effective and efficient manner.While the TSA may be telling the press that... it appears they forgot to tell the actual TSA agents on the ground who continue to threaten people for filming their activities.
The latest incident took place in Baltimore. The videotape was uploaded on July 10.These kinds of stories seem to keep popping up every week or so. Even more ridiculous, the guy in the video who claims he's the supervisor says that the checkpoint is "classified." Later, a second TSA official says she has to delete the video. None of that is true. In fact, it's outright ridiculous.
The action starts at 1:24 when a woman is videotaping the checkpoint process, waiting for her husband to walk through.
A TSA supervisor confronts her, telling her she is not allowed to videotape the checkpoint.
But she continues to videotape, asking him for a document that confirms it is not allowed.
He tells her he doesn’t have the time to show her, but will gladly call police and then have her removed from the airport.
At 3:16 in the video, a second TSA screener storms up and tells her to stop videotaping, but she continues to do so. When she continues to question their authority, the second TSA screener tells her she is allowed to videotape on the other side of the metal detectors but not once she is inside the checkpoint area.
That, of course, is not true.
by Mike Masnick
Thu, Jun 30th 2011 3:46pm
by Mike Masnick
Wed, May 4th 2011 3:07pm
by Mike Masnick
Fri, Mar 4th 2011 11:43am
by Mike Masnick
Mon, Feb 21st 2011 10:46am
"If you insinuate that you want to have sex with young children in Muskegon County and put that in the Internet, you've got a problem with the law," Tague said.Except, of course, Emory did not insinuate he wanted to have sex with those kids. It was a (crass and tasteless) joke video. I'm all for law enforcement prosecuting real child abusers to the fullest extent possible under the law. But going after folks like Emory here seems to make a mockery of the law, and take away efforts from stopping those who actually do want to do harm to children.
"As prosecutor of Muskegon County, I feel I have a strong obligation to vigorously defend all the children in our county. To insinuate on a tape that you want to perform perverted acts on children is clearly within the scope of the law with which Mr. Emory is charged."
Explore some core concepts:
|11:19pm:||Prenda Gets Some Tiny Bit Of Good News, As It May Get Out Of Two Critical Cases (18)|
|8:16pm:||Ridiculous Timing: Obama Administration Responds To Spying On AP By Pushing Journalist Shield Law That Wouldn't Matter (35)|
|5:00pm:||DailyDirt: Weapons In The Sky (9)|
|4:02pm:||Bad Day For Prenda Continues: Judge Rejects Stay, Adds $1k Per Day For Each Day They Don't Pay Up (56)|
|3:01pm:||Angry Judge Tells Prenda To Stop Falsifying Alan Cooper's Signature; Calls It Fraud (59)|
|2:15pm:||More Details Emerge On Key Legal Fight Over DMCA Abuse (36)|
|1:04pm:||NYC Says Renting Out Your Place Via Airbnb Is Running An Illegal Hotel (37)|
|12:01pm:||If You Think You Should Actually Own Products You Bought, Now Would Be A Good Time To Call Congress (151)|
|11:04am:||Makers Of Nutella Force Fan Who Created World Nutella Day To Shut It Down [Updated] (57)|
|10:05am:||Kitchen Nightmares Lawyers Threaten Infamous Samy And Amy If They Talk About Their Experience On The Show (31)|
|9:03am:||If You're Going To Illegally Seize Citizens' Cell Phones, At Least Make Sure You're Grabbing The Right Ones (94)|
|7:41am:||DOJ And Dept. Of Education To Colleges: Start Restricting Free Speech On Campus Or Kiss Your Federal Funding Goodbye (88)|
|5:37am:||Retired Lt. Col.: Violent Media Has Bred A Generation Of Killers (99)|
|3:33am:||Why Even Good Hospitals And Doctors Are An Obstacle To Better, Cheaper Healthcare (26)|
|12:10am:||'Intellectual Property' Mess Holding Up The TPP (21)|
|8:04pm:||Criminal Nabbed By His Own Food Porn (9)|
|5:00pm:||DailyDirt: Taking Another Look At Nuclear Energy... (23)|
|3:30pm:||Chicago Blackhawks Fire Reporter Over Silly Old YouTube Videos (15)|
|2:15pm:||Prenda's Paul Hansmeier Asks Appeals Court To Delay Sanctions; Appeals Court Says 'No, Try Again' (40)|
|1:13pm:||Major Hollywood Studios All Sent Bogus DMCA Takedowns Concerning The Pirate Bay Documentary (64)|
|12:07pm:||The War On Journalists: DOJ Claimed Fox News Reporter Was An 'Aider, Abettor, Co-Conspirator' With Leaker (101)|
|10:59am:||Court Finds Fantasy Stories Obscene (89)|
|9:59am:||Swedish Prosecutor Claims Registrar Of .se Domains An 'Accomplice' In Infringement Because Of Pirate Bay Domain (71)|
|8:53am:||Your Word Against Ours: How The FBI's 'No Electronic Recording' Policy Rigs The Game... And Destroys Its Credibility (42)|
|7:50am:||Trade Group Representing Many Large Companies Claims That Exceptions For The Blind Would 'Cast Aside' Copyright (110)|
|5:46am:||A New Hope: How Going Free To Play Brought Redemption To Star Wars MMO (46)|
|3:48am:||EU Commission Sued For Refusing To Reveal Trade Agreement Documents They Shared With Lobbyists (22)|
|12:00pm:||Funniest/Most Insightful Comments Of The Week At Techdirt (18)|
|12:00pm:||Sophisticatedjanedoe / FightCopyrightTrolls Favorite Techdirt Posts Of The Week (87)|
|9:00am:||Awesome Stuff: Cool Product Designs (15)|