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Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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How big a snippet of music violates fair use?

Robert Levine writes in the NYTimes today about Gregg Gillis, a D J who goes by the title Girl Talk and produces musical performances composed of snippets of other people's music link here. He is pushing the limits of copyright, claiming fair use, and is distributing some of his performances as free downloads, with a request for contributions, but is looking forward to a big album and might love the publicity of a suit.

Levine speculates that Gillis hasn't been prosecuted because the RIAA is afraid of losing a precedent setting case in which large snippets were found to constitute fair use. I would guess it may also have learned that prosecuting is pretty unpopular with their music buyers.

Although this case seems to constitute an example in which fair use is expanded and copyright restricted, it is only one small example of a possible win against the ever expanding limits imposed under copyright law. Fighting these cases in court against the well heeled doesn't see to be working, so I have come to agree with Larry Lessig that the IP monopolists will only be rolled back by political action.


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