[Videolib] Public performance rights question

Jed Horovitz (JedH@internetvideoarchive.com)
Wed, 22 Sep 2004 14:26:40 -0400

I don't think you can propose it to be a rip off and still have an argument.
If you can't have an arguement, you don't have a free society. That is my
point. The only thing we know about this Hegelian t-shirt is, it exits. If
it is a rip-off, it should be Disney's job to prove it to a jury rather than
to assume it is a rip-off simply because it is a copy. If it is judged to
be a rip-off than it should be Disney's job to show the damages. Then they
can ask for damages and court costs. This is how we treat all other forms
of property. (The only reason movies (etc.) are different is the lobbying
done by the MPAA, RIAA, AAP, etc.) The ownership of this super property has
created super citizens...most of them with articles of incorporation instead
of bodies and souls.
'If you give someone a big stick, they are going to use it.' Ed Felton

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Syp, Marc P.
Sent: Wednesday, September 22, 2004 1:31 PM
To: 'VideoLib'
Subject: RE: [Videolib] Public performance rights question

I didn't *assume* that the Mickey t-shirt was simply a rip-off, I proposed
it to *be* a rip-off in the context of making an argument. Have you seen
the shirt I was talking about? I didn't think so, because I made it up in
my head. But here's what it looks like: A t-shirt with a simple, standard,
copyrighted drawing of Mickey with no ironic, artistic, or political
adjustment implied.

Of course, I'm just waiting for you to say that simply the act of creating
and selling a Mickey Mouse rip off is an artistic and political statement
and therefore should be excepted from copyright law... heheh.

Okay, sorry, folks... it's been just too tantalizing and I had to get my
teeth into it too. But I'm done now!

Marc Syp
Supervisor, Film Library
St. Louis Public Library

-----Original Message-----
From: Jed Horovitz [mailto:JedH@internetvideoarchive.com]
Sent: Wednesday, September 22, 2004 11:56 AM
To: Syp, Marc P.; videolib@library.berkeley.edu
Subject: RE: [Videolib] Public performance rights question


Your example exhibits the prejudice I am concerned with in that you assume
the t-shirt is not a political, artistic statement but simply a rip off. I
think we should assume it is protected free speech (art, business, pursuit
of happiness, etc.) unless and until Disney proves other wise. That is all
it would take to level the playing field between new/future users/creators
and owners of existing creations.


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