I have seen low-budget productions that have clearly struggled with this and resolved it by minimizing anything but tight close-ups in public and where wider shots were essential, digitally blurring most of the background street scene.
Something which, in my opinion, justifies the use of the phrase to the left of the colon in the article title.
@ Anonymous Coward No. 2 (no doubt there'll be many more).
The whole point of the "try to pick the line" exercise is that it doesn't matter where we think the line is, or should be, it's what a court of law thinks, and that's why these actions create a chilling effect. People are afraid to even approach the hinterland of others' work.
Your glib assertion that it's "probably the fourth line down" just highlights the fact that there is no objective criteria for where "the line" is. That's why you used the word "probably". Without firm criteria, people who want to avoid being sued and possibly bankrupted will have to give works such as this (and let's face it, it's just a photograph of a bloke playing a trumpet) a berth so wide that the protected work in question effectively ceases to be part of our shared, dynamic culture. This is because no one is permitted to display it, to "creatively" refer to it, or use it in any dynamic, transformative way, except of course the creator him or herself. The rest of use are obliged to "remain silent", or else be sued. We can look, presumably in reverence, but we can't touch, or build upon it, or share a copy of it, or in many jurisdictions even make a backup of it, etc. What a selfish, dysfunctional and in the digital age, unfeasible state of affairs that is.
*Real* artists aren't terrified of transformative works (and it's certainly one of those, if you can't see that you need your eyes testing). Real artists don't absorb and incorporate influences, only to completely proprietize the resulting blend. That's just greed and gross cultural ingratitude.
Not only are the monopolies created by this dysfunctional law bad for culture in general, they damage the prospects and public image of the creators themselves, at least in the minds of many. I now have a very low opinion of Jay Maisel and will make a point of refusing to contribute to his coffers should the opportunity ever present itself.
Let's say you attend a talk on a university campus. The talk is open to the public. During the Q&A session after the talk an anonymous guest jumps up and announces that his new car repair business is offering discounts on certain services. That person is quickly asked to leave by the organiser of the talk. Has his "free speech" been affected?
Someone else stands up and starts questioning the speaker in a manner that is mocking, rude and disrespectful. Her manner (as opposed to her points) makes other guests feel uncomfortable and her behaviour spoils the atmosphere of the debate. She is also asked to leave. All of the points she was attempting to make could have been made in a respectful, reasonable manner and if she had chosen to make them in that way, she would (in most institutions I'm sure), have been allowed to state her case, however awkward or challenging it may have been for the speaker.
In my experience, when people (especially guests who, for whatever reason, decline to identify themselves) demand to be heard on sites that they don't run, more often than not it's their rude, overbearing behaviour that gets them banned, and not what they are trying to say.
Besides, free speech is something guaranteed constitutionally or by statute. Nothing Mike does here can affect whatever rights you have to it. Perhaps you are confusing freedom of speech with the right to reply, or possibly even, with the right to troll?
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Re: "I believe in sharing knowledge and ideas for the good of society."
out_of_the_blue wrote:
"If you're against copyright, quit putting your name on posts! You don't own the idea!
02:00:36[c- 1-0]"
Ownership and attribution are entirely separate concerns. Duh.
That's where the smart money is...
...in industries being "decimated" by piracy.
No, we don't want the UN to govern the Internet. Exhibit One: U.N. body adopts resolution on religious defamation.
Re: Re:
Something which, in my opinion, justifies the use of the phrase to the left of the colon in the article title.
Yet more proof that despite Mike's claims he's nothing more than an apologist for piracy!
{{ $accusatory_template }}
{{ $clueless_mike_template }}
Error: Failure in module 'AutomatedTrolling'.
@ Anonymous Coward No. 2 (no doubt there'll be many more).
The whole point of the "try to pick the line" exercise is that it doesn't matter where we think the line is, or should be, it's what a court of law thinks, and that's why these actions create a chilling effect. People are afraid to even approach the hinterland of others' work.
Your glib assertion that it's "probably the fourth line down" just highlights the fact that there is no objective criteria for where "the line" is. That's why you used the word "probably". Without firm criteria, people who want to avoid being sued and possibly bankrupted will have to give works such as this (and let's face it, it's just a photograph of a bloke playing a trumpet) a berth so wide that the protected work in question effectively ceases to be part of our shared, dynamic culture. This is because no one is permitted to display it, to "creatively" refer to it, or use it in any dynamic, transformative way, except of course the creator him or herself. The rest of use are obliged to "remain silent", or else be sued. We can look, presumably in reverence, but we can't touch, or build upon it, or share a copy of it, or in many jurisdictions even make a backup of it, etc. What a selfish, dysfunctional and in the digital age, unfeasible state of affairs that is.
*Real* artists aren't terrified of transformative works (and it's certainly one of those, if you can't see that you need your eyes testing). Real artists don't absorb and incorporate influences, only to completely proprietize the resulting blend. That's just greed and gross cultural ingratitude.
Not only are the monopolies created by this dysfunctional law bad for culture in general, they damage the prospects and public image of the creators themselves, at least in the minds of many. I now have a very low opinion of Jay Maisel and will make a point of refusing to contribute to his coffers should the opportunity ever present itself.
Regarding "freedom of speech"
@Jon Noowtun
Let's say you attend a talk on a university campus. The talk is open to the public. During the Q&A session after the talk an anonymous guest jumps up and announces that his new car repair business is offering discounts on certain services. That person is quickly asked to leave by the organiser of the talk. Has his "free speech" been affected?
Someone else stands up and starts questioning the speaker in a manner that is mocking, rude and disrespectful. Her manner (as opposed to her points) makes other guests feel uncomfortable and her behaviour spoils the atmosphere of the debate. She is also asked to leave. All of the points she was attempting to make could have been made in a respectful, reasonable manner and if she had chosen to make them in that way, she would (in most institutions I'm sure), have been allowed to state her case, however awkward or challenging it may have been for the speaker.
In my experience, when people (especially guests who, for whatever reason, decline to identify themselves) demand to be heard on sites that they don't run, more often than not it's their rude, overbearing behaviour that gets them banned, and not what they are trying to say.
Besides, free speech is something guaranteed constitutionally or by statute. Nothing Mike does here can affect whatever rights you have to it. Perhaps you are confusing freedom of speech with the right to reply, or possibly even, with the right to troll?