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Re: [BKARTS] Unfair use


Copyright protects intellectual and creative property. A good thing,
yes? The rationale is that it fosters intellectual and creative
activity, not that it hinders them. If folks need to steal other
people's property to be creative, what does this say about them?

Copyright protects the sequence of the symbols and the icons not the
ideas represented by them. The protection afforded Mickey Mouse is
one of trademark, not copyright, you can talk about Mickey all you
want, you just can't reproduce the icon. The repression of language
or of the expression of ideas, has nothing to do with these laws.
Copyright protects only the exact sequencing, or rendering, of the
way the idea is presented.


The reduction to absurdity that underlies the position that art is
created 'ex- nihlo' is exposed by our ability to know exactly what we
mean. The problem is that understanding a language, even an artistic
one, is insufficient. We must have negotiable means to use the language
through which understanding is transmitted or that language atrophies.
Because no one needs permission to understand the language they are
situated in it is permission itself that becomes, simply, that which
needs to be negotiated and 'grasped.' Knowing when we're infringing on
private languages and symbols is never easy; can I talk about Mickey
Mouse after my vacation is over- can I write about him in a hand made
book I intend to distribute as a gift to my family? The list
demonstrates to me that legislation currently is going entirely the
wrong way because most lawyers are deaf to the old distinction between
'mention' and 'use' preferring to register medium rather than message
and ownership over intent. Perhaps someone on the list can describe the
legal continuum of permissiveness towards corporately owned brands and
images as they relate to their use in the construction of hand made and
coterie published art objects?

I would love to know what the law says.

Chris Chapman

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