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Kind of Screwed (2011)

76 点作者 brunoc大约 6 年前

8 条评论

ericdykstra大约 6 年前
Fair Use is not a right; it&#x27;s an affirmative defense (<a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Affirmative_defense" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Affirmative_defense</a>) that needs to be used in court.<p>Here&#x27;s a recent (long) video on fair use that I enjoyed, and might be interesting for some of you here who are interested in this sort of thing: <a href="https:&#x2F;&#x2F;www.youtube.com&#x2F;watch?v=SyucXC6pWug" rel="nofollow">https:&#x2F;&#x2F;www.youtube.com&#x2F;watch?v=SyucXC6pWug</a>
jhbadger大约 6 年前
Not that I agree with lawyers suing over this, but one problem is that the pixel-art nature of the Miles Davis cover is very subtle rather than obvious chunky pixels as is typically done. At one level I applaud that as historically accurate; graphics even in the 1980s weren&#x27;t as awful as a lot of pixelart implies, but on the other hand I can understand the argument that the pixel art and the original were too close.
martin__大约 6 年前
It would be interesting to hear why he paid royalties to get a license for the songs but not for the cover art.<p>Hiring artists to create retro versions of the music and hiring an artist to create a retro version of the album cover seem like pretty analogous situations.
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mirimir大约 6 年前
FYI: <a href="https:&#x2F;&#x2F;observer.com&#x2F;2011&#x2F;06&#x2F;andy-baio-jay-maisel-kind-of-bloop-lawsuit-sue-2011-06-24&#x2F;" rel="nofollow">https:&#x2F;&#x2F;observer.com&#x2F;2011&#x2F;06&#x2F;andy-baio-jay-maisel-kind-of-bl...</a>
siruncledrew大约 6 年前
&gt; &quot;It breaks my heart that a project I did for fun, on the side, and out of pure love and dedication to the source material ended up costing me so much — emotionally and financially.&quot;<p>It seems like he just overlooked the cover art piece. That sucks how much damage to a project an unmalicious seemingly small mistake can make on the legal side. In that regard, it&#x27;s valuable to have access to lawyers and legal resources just to avoid all the BS that comes along with lawsuits and legalese. It&#x27;s not just a matter of being intelligent or capable, but also able to jump through all the hoops the right way in the legal system, which puts most non-lawyers at a disadvantage.<p>&gt; &quot;Anyone can file a lawsuit and the costs of defending yourself against a claim are high, regardless of how strong your case is. Combined with vague standards, the result is a chilling effect for every independent artist hoping to build upon or reference copyrighted works.&quot;<p>As can be popularly seen vis-a-vis DCMA takedown requests, the trivial-ness of of sending a C&amp;D or demand letter out to virtually anyone makes this process a money-making machine for law firms. It&#x27;s a win-win for them. You settle and they make a profit, or you draw out a legal battle at a higher cost and they make a bigger profit. Honestly, it&#x27;s a tarnish on our legal system that it so often rewards those with bigger wallets.<p>Not all lawyers are bad, and there are times where the &#x27;little guy&#x27; may be thankful IP law exists, but it&#x27;s when someone like this gets screwed that the legal system seems unfair. It&#x27;s one thing to speak softly and carry a big stick, and another to pick a fight for lunch money.
mirimir大约 6 年前
If he&#x27;d created an anonymous persona for his pixel artwork, Maisel would have been left pounding sand. So if there&#x27;s no reason to link stuff to your meatspace identity, why risk it?
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stuntkite大约 6 年前
It sucks that this happened and I&#x27;m glad he found a tolerable payout and resolved the issue with the owner of the photograph.<p>All that said, this chiptune record is a beautiful homage to the source material. I highly recommend anyone that&#x27;s interested to find it and give it a listen.
michaelmrose大约 6 年前
So where is the list of people who give money to Jay Maisel so I can opt not to do business with them anymore? Do you really change anyone&#x27;s opinion on most issues other than giving a hint which behaviors are unprofitable because they piss people off?<p>How about a ublock origin filter that auto removes anything created by the artist? Obviously no content filter belongs in default but it could be offered.
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