{"id":1165,"date":"2011-06-24T15:39:00","date_gmt":"2011-06-24T19:39:00","guid":{"rendered":"http:\/\/blogs.library.american.edu\/mediaservices\/2011\/06\/24\/copyright-settlement-of-the-day\/"},"modified":"2011-06-24T15:39:00","modified_gmt":"2011-06-24T19:39:00","slug":"copyright-settlement-of-the-day","status":"publish","type":"post","link":"https:\/\/blogs.library.american.edu\/mediaservices\/2011\/06\/24\/copyright-settlement-of-the-day\/","title":{"rendered":"Copyright Settlement of the Day"},"content":{"rendered":"

\t\t\t\t<\/p>\n

Back in 2009, Waxy.org\u2019s Andy Baio produced Kind of Bloop<\/a><\/b><\/span><\/em>, a chiptune tribute to Miles Davis\u2019 Kind of Blue<\/em>. It was one of the biggest early success stories for crowdfunding platform Kickstarter<\/b><\/span>.<\/a><\/p>\n

Today, Baio announced<\/a><\/b><\/span> he had paid $32,000 in a copyright settlement \u2014 not over the music, which he licensed from the publisher, but over the album cover, a pixel art version of the iconic Kind of Blue<\/em> cover photographed by Jay Maisel.<\/p>\n

Maisel sued Baio for copyright infringement, seeking \u201ceither statutory damages up to $150,000 for each infringement at the jury\u2019s discretion and reasonable attorneys fees or actual damages and all profits attributed to the unlicensed use of his photograph, and $25,000 for Digital Millennium Copyright Act (DMCA) violations.\u201d<\/p>\n

Baio believed he had a \u201cfair use\u201d defense, based on the fact that the pixel art could be considered a \u201ctransformative work\u201d that comments on the original. Unfortunately, proving that in court would likely have cost him more than 10 times as much as he paid in the settlement.<\/p>\n

\u201cMy lawyers and I firmly believed that I was legally in the right,\u201d he told Gizmodo<\/a><\/b><\/span>. \u201cBut it doesn\u2019t matter, fair use doesn\u2019t protect you unless you\u2019re willing to pay to defend yourself.\u201d<\/p>\n

–taken from thedailywh.at<\/a><\/p>\n

<\/span>\t\t<\/p>\n","protected":false},"excerpt":{"rendered":"

Back in 2009, Waxy.org\u2019s Andy Baio produced Kind of Bloop, a chiptune tribute to Miles Davis\u2019 Kind of Blue. It was one of the biggest early success stories for crowdfunding platform Kickstarter. Today, Baio announced he had paid $32,000 in a copyright settlement \u2014 not over the music, which he licensed from the publisher, but […]<\/p>\n","protected":false},"author":18,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[103],"class_list":["post-1165","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-dmca"],"_links":{"self":[{"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/posts\/1165","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/users\/18"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/comments?post=1165"}],"version-history":[{"count":0,"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/posts\/1165\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/media?parent=1165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/categories?post=1165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.library.american.edu\/mediaservices\/wp-json\/wp\/v2\/tags?post=1165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}