One of the best examples of remix out there: "Shining"
The topic under discussion this week is: Innovators or Pirates? The argument of whether or not remixers (including mashup artists, DJs and digital media artists) are innovators or thieves.
It has been argued that we now live in a “remix culture”, “a culture which is dominated by amateur creators who are no longer willing to be merely passive receptors of content” (O’Brien & Fitzgerald, 2006). These amateur creators are eager to remix, mashup, cut, paste, sample and edit in order to “produce something which is distinctive of their own social and creative innovation” (O’Brien & Fitzgerald). The question is, should they be allowed to?
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Image Courtesy of: mixstream.com |
It seems to be inevitably that mashups and remixes will encounter legal problems (when the whole or at least a substantial part of the original content is used) unless the remixing artist is given proper permission or the original content is licensed under a Creative Commons license. A good example of this is Grey Tuesday where, on the 24th of February 2004, DJ Danger Mouse’s (Brian Burton) The Grey Album was made readily available through several different websites in an effort to combat EMI’s attempts to prevent it’s distribution. Grey Tuesday was “widely reported by media outlets including CNN, MTV and Rolling Stone, and significantly increased public awareness of the protest against EMI” (Martin, Moore & Slater, 2010). Subsequently, Burton was hired by Damon Albarn to produce the second Gorillaz album (a band that was signed to EMI at the time of The Grey Album’s release).
It has to be said that to harness the creativity and innovation on display within this field that there needs to be a change in copyright law. O’Brien and Fitzgerald assert in their study that “there certainly appears to be a strong argument that non commercial derivatives, which do not compete with the market for the original material, should be afforded some defense to copyright action”.
I couldn’t agree more with O’Brien and Fitzgerald and feel that the laws in regards to copyright need to be changed with the times. We live in a new digital age and with an increasing amount of creativity and innovation appearing on the Internet, the creators of this content shouldn’t be punished for their art.
Reference List:
O'Brien D & Fitzgerald B, 2006, Mashups, remixes and Copyright Law, Internet Law Bulletin 9(2) pp. 17-19
Martin B, Moore, C & Slater C, 2010, Sharing Music Files: Tactics of a Challenge to the Industry, First Monday 15(12)