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LawGeek: We fought the Kuleshov effect and The Law won?

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LawGeek: We fought the Kuleshov effect and The Law won?
Topic: Intellectual Property 4:52 pm EST, Jan  5, 2004

] Thus, at least according to this court, the more uncommon
] (and provocative) the context of the remixing, the less
] likely it is legal. Of course, this raises the question
] of how new contexts can ever become legal. Presumably, at
] some point in history, no one framed art. Then the first
] person came along and put a painting in a frame. Under
] the theories in Mirage and Munoz, that person would have
] been historically guilty of copyright infringement
] because the context of their remix was uncommon at the
] time.

This article is interesting and also deeply troubling. Apparently recontextualization of someone else's artistic work is a copyright infringement EVEN IF YOU PAID for the copy that you are recontextualizing unless there is a specific fair use exception. This is copyright law preventing artistic expression for no financial reason, but strictly to prevent expression.

LawGeek: We fought the Kuleshov effect and The Law won?



 
 
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