In a mashup culture all manner of digital and graphic goodies get mashed. Mashup artists run along a tightrope that is pinned at one end by copyright law and the other by fair use doctrines. There is no safety net not even under the Digital Millennium Copyright Act [DMCA]. If a copyright holder feels her work has been infringed then out go the takedown letters followed by legal action if the perp doesn’t roll over and submit. See the news about Muxtape being taken down by the RIAA.

Given the RIAA’s jackboot tactics it is heartening to hear that Jim Davis the creator of the popular comic strip Garfield did not automatically send out cease and desist letters to Dan Walsh who created a knock off of the strip called Garfield Minus Garfield. As Walsh has posted in his site’s header “Garfield Minus Garfield is a site dedicated to removing Garfield from the Garfield comic strips in order to reveal the existential angst of a certain young Mr. Jon Arbuckle. It is a journey deep into the mind of an isolated young everyman as he fights a losing battle against loneliness and depression in a quiet American suburb.”

So what did Jim Davis of Garfield fame do? Not only did he embrace the spirit of Garfield Minus Garfield but he reached out to Dan Walsh and together they have signed a book deal.

Epic. RIAA, record labels and artists please wise up. [Thanks to Otis for the heads up.]

Related Post: Mashups, Girl Talk and Me

Girl Talk live in Detroit. Photo - Christos/Detroitartist.org

Gregg Gillis is more well known as the musician Girl Talk. And he believes very strongly that he is a musician and not, as many people have called him, a DJ. If you haven’t heard his work you might wonder why there would be any issue for Gillis but upon hearing his craftily designed songs you will notice that each track is made up of many short snippets of samples of songs that you know you’ve heard somewhere else. On his recent album, Feed The Animals, that he released online Radiohead-style on Illegal Art he told the New York Times that it includes more than 300 samples and that he estimates that each minute of “Feed the Animals” took him about a day to create. That’s a lot of days.

More importantly though his preferred method of “song writing,” i.e. using riffs borrowed from other people’s work puts him front and centre in the debate over copyright law and fair use. His stance is that he is using such tiny samples of other people’s work that he argues his actions are protected under fair use. Not all legal experts agree but so far he has avoided the threat of litigation.

As a musician [I am a founding member of the UK post-punk band, Gang of Four] with my own copyrights I share his stance as I believe that copyright laws have become far too stringent and are now limiting artists’ abilities to be creative. Many people would like to see the law relaxed in certain areas to allow more creativity to spring forth. One area that definitely falls under the term known as gray is the practice of creating mashups. A Mashup in the musical form is exactly what Gillis is doing, literally intermingling or layering beats and samples from various songs on top of and into each other. The end result is surely a completely new work. As Wikipedia puts it - a mashup is a digital media file containing any or all of text, graphics, audio, video, and animation, which recombines and modifies existing digital works to create a derivative work.

Any digital media is open to the process of mashing, and just like a collage, where found images are most commonly rendered onto a canvas, the end result of this creative process should be considered a new original work. There should be no threat of litigation for artists such as Gregg Gillis who create these new works of musical digital art. Go here to hear Gillis in action as Girl Talk and see how many songs you recognize.

In that spirit I post here a mashup that I recently created in collaboration with the musician Jon Ragel who goes by the moniker Boy Eats Drum Machine. Rather than sampling we decided to actually perform the mashup by playing live in the studio on top of sampled drums. The song borrows parts from the artists Talking Heads, Aaliyah, Van Halen and The Cure.

BEDM feat. Dave Allen - Talking Heads/Aaliyah/Van Halen/Cure Mashup [MP3] Click to play, right click to download.

It seems that the powers that be at Facebook and their archenemies over at the record labels need to hurry up and reach agreement on what is Fair Use when it comes to posting videos online. I received yet another lovely notice from Facebook today about “possible infringement” not “actual” but “possible.” Read on -

Notification of Alleged Copyright Infringement
We have removed your video entitled “Cut Copy, party at Dave’s, Nemo puts up the posters” uploaded at 2:23pm April 29th, 2008. We did this because we learned that your video might include copyrighted material owned by a third party, such as a video clip or background audio. If you are the copyright owner, or have permission from the rights holder to upload and distribute this material on Facebook, you may file a counter notice of alleged infringement by following the link below.

The Facebook Team
copyright@facebook.com

So lets refer to the video from the Electronic Frontier Foundation that spells out our rights under the DMCA rules.

Here’s the story behind the video that was taken down. The Australian band, Cut Copy, and their manager Neil are friends of mine. I invited the band to dinner at my house in Portland prior to their show in town. We had a good time, we shot video, I edited it and posted it. Seemed harmless enough but clearly not. I have filed a counter claim with Facebook so we’ll see how that goes. And someone should let Universal Music know that I fed Cut Copy dinner that night too….I’ll send Universal a bill… Watch another video from the same night here.

Related Post: How YouTube Could Make Some Money with Viacom

As CNet reports today, Hollywood and YouTube may be edging towards their own version of Pax Romana. Meanwhile, beyond the learned walls of the law courts and Google’s battle with Viacom, we here at Social Cache have been scratching our heads over Viacom’s position.

Obviously Viacom is up in arms over what it argues is copyright infringement whenever one of its artists’ songs are used in a user-generated video. Their lawyers are even arguing that in most cases they want to set aside the notion of fair use. That in itself is ridiculous as in a lot of circumstances Viacom has stepped over the edge of copyright boundaries. In 2007 Viacom sent YouTube 100,000 takedown notices! And as this video from the EFF points out, many of those videos that Viacom had asked YouTube to remove, were not infringing anyone’s copyright.

We ourselves received a takedown notice and had a video removed from YouTube. The video was of one of our numerous snowboarding expeditions to Mt Hood and it included a clip of a song by the group White Zombie. We could have argued that under the law if we had used the music for parody, for comment, for criticism, for news reporting or for non-commercial use then we’d be in the clear. In this instance it was the latter - non-commercial use. We couldn’t be bothered, we weren’t that attached to the video and anyway, like millions of other folks, we put up videos at an alarming rate. Here’s our latest.

So here’s the Nemo and Social Cash POV. By removing our video Viacom denied thousands of people the pleasure of hearing a White Zombie song. One of its own artists! And no money was changing hands. One solution - Viacom should provide YouTube with a license from a roster of its artists who agree that their music can be used in a video for non-commercial use. In return YouTube provides its users with a simple license that allows users to add music from these artists to their amateur videos for non-commercial use for a small fee of, perhaps $3.00. Now Viacom and its artists get a share of this revenue, YouTube users won’t receive takedown notices, and Viacom can go a long way to recouping its, no doubt, millions of dollars it is spending on these lawsuits.

You’re welcome. Let me know why it won’t work….

Meanwhile over at MySpace, Rupert Murdoch’s News Corporation has a business that’s built on the backs of thousands of unsigned musicians. Who is looking out for them?