Re: virus: Intellectual property

Tim Rhodes (proftim@speakeasy.org)
Wed, 18 Mar 1998 15:23:17 -0800


Keith Elis wrote:

> For some reason, more property is how we feel better. If there were no
> property rights, there would be no happiness. (At least according to the
> U.S. Declaration of Independence).

For an interesting look at how well-crafted memes and sheer perseverance can
sometimes defeat even the deepest pockets I highly recommend _FAIR USE: The
Story of the Letter U and the Numeral 2_ by Negativland.

>From the introduction (typos mine):

"We live in a world where nothing is what we were taught it was. Art is
business, business is war, war is advertising, and advertising is art. We
are bombarded with information and entertainment. Negativland responds to
this environment by making music that uses fragments and samples from
existing media of all kinds.

"_FAIR USE: The Story of the Letter U and the Numeral 2_ tells the story of
two lawsuits and Negativland's fight for the right to make art out of
corporately "owned" culture. It takes you deep inside the group's legal,
ethical and artistic odyssey for an unusual and overwhelming examination of
why such work is being done now, and the ironic absurdities that ensue when
corporate commerce, contemporary art, and pre-electronic law collide over one
13-minute recording.

"In 1991 Negativland released a single called _U2_. It contained two
unauthorized "found sound" parody versions of the song _I Still Haven't Found
What I'm Looking For_, originally written by the Irish supergroup U2. It
used a 35-second sample of U2's recording of the song, obscene and hilarious
out-takes of top 40 deejay Casey Kasem attempting to introduce a U2 song, and
featured a cover design that, at first glance, actually made it appear to be
a new release by U2. This very funny little record was no joke to U2's
label, Island Records, who immediately sued it out of existence for trademark
and copyright infringement.

"In 1992 Negativland released a 96-page magazine-plus-CD entitled _The Letter
U and the Numeral 2_ that documented that whole episode. It too was sued out
of existence for copyright infringement--this time by Negativland's now
former label, SST Records.

"Presented chronologically, _FAIR USE_ contains that suppressed magazine in
its entirety, and goes on to add all the bizarre events that have happened
since then in this modern saga of criminal music. Also included is a
definitive Appendix of legal and artistic references on the fair use issue."

It can be ordered for $19.95 (including a CD) from Amazon.com at:
http://www.amazon.com/exec/obidos/ISBN=0964349604/6857-8151514-947247

-Prof. Tim