Supreme Court Rules That Andy Warhol Violated a Photographer’s Copyright; Smithsonian Magazine, May 24, 2023

Christopher Parker, Smithsonian Magazine; Supreme Court Rules That Andy Warhol Violated a Photographer’s Copyright

"Reactions to the Supreme Court ruling are mixed. Noah Feldman, a scholar of law at Harvard, writes in Bloomberg that the decision helps artists but harms creativity. 

“The upshot is that little-guy artists win, because they now have more rights than they had before to claim credit for works reused by others,” he writes. “But art as a whole loses, because the decision restricts how artists generate creativity by sampling and remixing existing works.”

Carroll tells the Times that the ruling leaves a lot of room for conflicting interpretations, and the legal battle has only just begun.

“Is it really just about competitive licensing use, or is it more broadly about creating derivative works?” he adds. “I think what you’ll see is lower courts reading it each way, and then eventually this issue is going to find its way back to the Supreme Court.”"

The Ed Sheeran Copyright Lawsuit Exposes The Absurdity of Music Ownership; Current Affairs, May 2, 2023

• Nathan J. Robinson, Current Affairs; The Ed Sheeran Copyright Lawsuit Exposes The Absurdity of Music Ownership 

"After all, the whole history of music (and the arts more broadly) is the history of taking what came before and reworking it. I don’t think it’s even possible to create something entirely original. Even the seemingly most original artists were often “original” in part because they were creative and eclectic thieves, taking from a diverse range of influences."

Cloud Computing Is Forcing a Reconsideration of Intellectual Property; New York Times, 10/11/14

Quentin Hardy, New York Times; Cloud Computing Is Forcing a Reconsideration of Intellectual Property:

"Almost overnight, our technology revolution is shaking up entire industries and remaking society. Don’t get caught up in the small stuff, though: Tech really is changing how we think about our ideas.

We’ve used ideas to sculpt the globe since the Industrial Revolution, thanks largely to the way we handle intellectual property. When machines, and machines to make identical machines, mass-produced reliably identical goods, it was because people understood the same set of instructions.

Mass-produced books, music and movies were possible, too. Like machine-making instructions, these items were made reliable and protected with laws of copyright, patent and trademark.

Now, according to people involved in the business of protecting ideas, all of that is set to change.

Software, lashing together thousands of computer servers into fast and flexible cloud-computing systems, is the reason. Clouds, wirelessly connected to more software in just about everything, make it possible to shift, remix and borrow from once separate industrial categories."

Remixing YouTube, One Video At A Time, NPR's All Things Considered, 3/16/09

Via NPR's All Things Considered: Remixing YouTube, One Video At A Time:

"The latest viral video doesn't just come from YouTube — it's a remix of it. Amateur musicians with video cameras and homemade gadgets are all the playthings of an Israel-based musician and producer named Kutiman, who blends their sounds and images into unique songs. To date, his videos have accumulated more than 3 million views and climbing.

In an interview with Melissa Block, Kutiman says he was searching for guitar licks on YouTube when he came across a drummer explaining a funky groove. It inspired a slew of mash-ups."

http://www.npr.org/templates/story/story.php?storyId=101959636

REMIX: buy the remix, Lessig Blog, 3/11/09

Via Lessig Blog: REMIX: buy the remix:

"This video [from ThruYou music album by Ophir Kutiel AKA Kutiman] is Jefferson's Moose. If you come to the Net armed with the idea that the old system of copyright is going to work just fine here, this more than anything is going to get you to recognize: you need some new ideas."

http://www.lessig.org/blog/2009/03/remix_buy_the_remix.html

Kutiman's ThruYou Mashup Turns YouTube Into Funk Machine, Wired.com, 3/25/09

Via Wired.com: Kutiman's ThruYou Mashup Turns YouTube Into Funk Machine:

"Five years ago he'd never heard of the "godfather of soul," James Brown. Now an Israeli mashup artist is basking in the spotlight after making the funkiest tracks on the internet, using YouTube clips of musicians who've never met each other.

Earlier this month, Ophir Kutiel, aka Kutiman, released seven videos made by mixing and matching found footage for his project, called ThruYou. The clever musical mashups have since been viewed more than a million times, and Kutiman is basking in the glow of raves from MySpace commenters and mainstream media alike...

Thanks mostly to Twitter, it wasn't long until Kutiman had logged more than 1.5 million views on YouTube. Praise came from outlets as varied as National Public Radio and Gawker, and Kutiman drew plaudits from open source advocates like Lawrence Lessig, who called ThruYou a nail in the coffin of copyright as we know it."

http://blog.wired.com/underwire/2009/03/kutimans-pionee.html