The Remix: Copyright Infringement Or Career Enhancement?

Because I know that you enjoy watching video clips to wrap up your work weeks, here’s another one for you to check out:

The Israeli developer, Ophir Kutiel (aka ‘Kutiman’) mixed together the audio and video from various already-published amateur and professional musicians’ YouTube clips (all of which he’s been careful to credit) to come up with his creative masterpieces. The one above, the first in the series, is entitled ‘Mother of All Funk Chords’. Here are links to the other six:

• 02 - This Is What It Became
• 03 - I’m New
• 04 - Babylon Band
• 05 - Someday
• 06 - Wait For Me
• 07 - Just a Lady

These are examples of the remix, also known as the mashup. Want to see some more video on the subject? Here’s a recent series of clips from the Colbert Report initiated by an interview with well-known Stanford Law Professor and reduced-restriction advocate Lawrence Lessig:

Stephen’s Remix Challenge

Colbert certainly doesn’t seem to mind others remixing audio and video clips from his shows. But why should he; after all, the resultant mashups only increase his popularity!

Want a non-audio, non-video example? Heard of Shepard Fairey, the artist who created the well-known "Hope" Barack Obama poster, and who was interviewed by Stephen Colbert in mid-January?

Well, two weeks later Fairey got sued by the Associated Press for using a photograph by AP artist Mannie Garcia as his reference, even though it’s indistinguishable from countless other Obama shots, Fairey substantially (debatably) altered the original to come up with his iconic art piece, he didn’t personally profit from it, and it’s not even clear that the AP owns the copyright anyway…none of which prevented the AP from insulting his artistic skills (as if that had anything to do with the merits of the case). The Colbert Report took up the debate:

What’s my take on the topic? I’m torn. Keep in mind that as a print and online writer who also has a number of published books in his repertoire, I admittedly have a particularly personal investment in the topic of copyright.

On the one hand, I don’t agree with someone repackaging another’s content without attribution and, if appropriate, monetary compensation. I’m reminded, for example, of the mid-1990s lawsuit filed against ZZ Top by John Lee Hooker and his business partner, which was settled out of court. I’m also reminded of the 2003 lawsuit filed against the Beastie Boys by James Newton; this case went to trial, where interestingly it failed the breach of copyright test because the sampled audio clip was judged too short and compositionally incomplete.

On the other hand, I remember the 1986 remake of Aerosmith’s ‘Walk This Way’ by Run D.M.C. At the time, formerly huge Aerosmith was in the midst of a generally un-successful comeback effort led by the band’s first album for Geffen Records, Done With Mirrors. Walk This Way wasn’t a remix in the purest sense, as it was done with the band’s blessing (and in fact the participation of Steven Tyler and Joe Perry, who appeared both on the track and in the associated video). But the remake’s positive impact on the resurrection of Aerosmith’s career is undisputable.

If the topic of mashups and remixes is of interest to you, here are a few more links from my archives, for your further research:

• William Gibson on The Age of The Remix
• RIAA Arrests Pro Artist for Making Mixtapes
• RIAA Hires Artists, Then Sends In the SWAT team
• The Laptop as an Instrument?
• Music Piracy Documentary Released As Torrent
• Fair Use for YouTube & MySpace Users
• ARIA Sells a Licence for DJs to Format Shift Music
• Remixable iPhone Album Points to Future
• Judge Nixes McCain’s ‘Completely Unaware’ Copyright Defense
• French President Busted For Copyright Violation
• The Ultimate Audio Apps for the Aspiring DJ

Happy weekend, all.