Over at (the generally fair and brilliant) Copyrights and Campaigns blog, Ben Sheffner has posted bits from an exclusive interview with Don Henley, regarding the recent settlement and apology he got from a senator who parodied Eagles music in his campaign without permission. (Brief NYTimes summary.)
A couple of brief responses to some of the post’s content (keeping in mind that I’m not a legal expert in any way, and thus am just responding based on my impressions of copyright law, culture in general, etc.):
DeVore argued that the videos were fair use parodies of Henley’s songs, but the court held that the videos were satirical rather than parodic and rejected the fair use defense.
I can’t help but wonder if the satire/parody break-down will (or should) continue, as remixed materials continue to proliferate with always-varying aims and purposes. And will the new DMCA exemptions, which mention some specific genres of remix, also expand the allowed kinds of rhetorical purposes used in digital remixes?
In his interview with C&C, Henley said that his motivation for the lawsuit was not financial or political, but “simply a matter of my copyrights being violated by music being used in a way it was never intended to be used.”
This made me sit up straight. The idea of a composer managing how music (or any composition) will eventually be used feels wacky to me. When I buy a physical object–a plank of wood, a couch, a car, a computer–the creators have no say over how I physically manipulate those objects, crafting and adjusting and tweaking them as I see fit. Increasingly, text and music and visuals are the same: once they’re out in the open, we play with them. That’s just what people do; to reject that basic premise of human creativity seems kind of silly to me. (And yes, I’m showing how much I’ve been influenced by Tartleton Gillespie and Cory Doctorow here.)
He added, “People in my age group generally don’t like it. Songs are difficult to write; some of them take years to write. To have them used as toys or playthings is frustrating.”
But that’s what composing is: taking the ideas and genres we’ve learned, and playing around with them. It might be frustrating, but that’s just how it goes. (I know, I know–this is less of a thoughtful argument post and more of a “Sheesh” emotional reaction post.)