The singer of the music’s long dead. Families suffer financially, so the laws were to protect and ENCOURAGE creativity. The full interview can also be played at the Internet Archive, and you can download it from there in a variety of formats. You seem to saying that law is law and that it is never right to oppose a law, regardless of whether the law is just. As an artist, I can see getting attached to the music that inspired me and not wanting to compromise, especially the way this filmmaker uses it. In contrast, if they copyright-holding corporation gives in and charges a modest amount–maybe just the cost of actually doing the paperwork, plus a small fee–that the artist or the distributor can afford, then everybody listed above wins. A good example is “Unchained Melody” by the Righteous Brothers. Who has time for that? The upshot is that Nina’s artistic voice was not silenced, she was able to make and show her film using the music she chose. We all have our problems I suppose. Forget it. basis of copyright is if its not your property, its is someone elses. Inspiration can come from anywhere, and woe is the artist who ignores her muse. There are many indie publishers more than happy to work with filmmakers in a variety of creative ways such as step deals and contingency deals that minimize the up-front licensing costs. It’s not about ‘restricting’ your artistic process or ‘internalizing the permission culture’, Screw the ‘rights holders’… by not using their ‘property’ so they don’t make any money off it. Oh, I haven’t been saying copying should be okay as long as it’s long enough after the author’s death — I’ve been saying it should be okay, period. Once your film is out there using uncleared music the filmmaker is completely at their mercy. Because of obstacles in clearing the sync rights for the music recordings in Sita Sings the Blues, Paley took an active part in the free culture movement. They cannot. Buying a DVD directly supports Nina, as do donations obviously.). My sadness is this is something the public doesn’t know about or feel hopeless to change. Best of luck, Nina. And you’d be eligible for Oscars… in 2010 now obviously. But here’s how you address these issues. We should do more of it; then maybe we’d have more common ground. Live Streaming Broadcast your events with reliable, high-quality live streaming. After that, we’ll see what happens. We first wrote about Nina Paley in 2009, upon hearing about the ridiculous copyright mess she found herself in concerning her wonderful movie Sita Sings the Blues. Yes, the publishing companies (both behemoths like EMI and indies like Bug) are in the business of making money, but that doesn’t mean that they’re being punitive by enforcing their copyrights or expecting filmmakers like Nina to seek licenses to use those copyrights in their work. YES, you can use her film in a remix or derivative work, YES you can make money from that (as long as you don’t impose more restrictive terms), YES you can do it all without asking her permission or even informing her. So it goes. Some of her published collections are being added to Wikisource: wikisource:Nina's Adventures (comic strip) wikisource:the Hots (comic strip, 2002-2003) wikisource:Sita Sings the Blues (82 min, 2003-2008, 2-D digital animation. Similarly, the contention that copyright law is restricting free distribution is, to my mind, somewhat misleading. The music in Sita Sings The Blues is integral to the film: entire animation sequences were done around particular songs. Nina Paley is the recipient of this year’s Lifetime Achievement Animakom award, an award given once a year to an artist by the Animakom Fest held in Bilbao, Spain.. Nina Paley (3 de maio de 1968) é uma cartunista, animadora e ativista de cultura livre estadunidense.Ela dirigiu a animação Sita Canta el Blues. There is no “fair” or “unfair” in copyright, only the law. Alors qu'elle est largement connue comme artiste et souvent en tant qu'auteur de Nina's Adventures, Fluff et The Hots, ses récentes productions sont du domaine de l'animation notamment Sita Sings the Blues (Sita chante le blues). She’s lucky; if I found out someone had willingly ripped me off and then was coming to me to cut a deal, I’d probably be less forgiving than if they’d come to me prior to filming. Forfeit the monopoly of trolls who suppress a work. So are you saying that because it’s a law, she’s wrong to oppose it? Talented animator, writer and producer Nina Paley has freely released her animated film, Sita Sings the Blues under our copyleft license, Attribution-ShareAlike. Your battle may be won, which will be a triumph for an artist who will not be disappointed. If, as she says, she “needed” to make this film because she was inspired, that’s all well and good and proper. This wouldn’t get around the cinema “releasability”, but perhaps you could convince a cinema in LA to show it for a week with no sound and sell (or give away) recordings of the soundtrack outside. I have found the publishing companies and their representatives to be eminently reasonable and easy to deal with. Thanks to: Nina Paley for interviewing and for editing help; the Software Freedom Law Center for space and for logistical support; Light House Films for camera work, etc. In any event, it is inarguable that Ms. Paley’s right of free expression was not infringed in any way. Best Debate Evah: Cory Doctorow and Nina Paley discuss licensing and freedom. Let’s say you have created some original songs. 🙁, Incidentally, I’ve written a highly-original novel that has had nothing but praise, but can’t get noticed because it’s not similar enough to anything else. on October 14, 2010 ... especially those enforced in the name of defending “intellectual property,” such as patent and copyright; these should be radically reformed or entirely abolished. Yes, anyone would be free to remix it with other music or anything. Generally the owners of sound recordings give relatively cheap deals to moviemakers, since it revives interest in their music (if it is old) or extends the popularity of current music. It’s a classic example of how today’s copyright system suppresses art, effectively forcing artists to make creative choices based on licensing concerns rather than on their artistic vision. Além de artista talentosa, Nina Paley é voz ativa na luta por uma cultura livre. [4] Dirixió'l llargumetraxe animáu Sita Canta'l Blues. She states above that she couldn’t deal with the companies directly, but had to hire intermediary lawyers, and only then could find out how much it would cost. Fue la creadora y en ocasiones la escritora de las tiras de cómic Las aventuras de Nina y Fluff, pero la … Right now we’re concentrating on getting the rights (excuse me, “restrictions”) cleared so Sita can be distributed. Nina Paley and Smári McCarthy during the "Free Culture" talks at Swatantra 2014.JPG 4,732 × 3,134; 6.78 MB Nina Paley Chiaroscuro.jpg 1,516 × 1,808; 249 KB Nina Paley … Music supervisors and professional clearance people deal with the publishers and record companies on a daily basis and have deep personal relationships which may make it easier (and definitely cheaper) to secure music licenses for indie projects. ? I stand up all the time and I do prevail. In our ongoing efforts to document trans activist abuse of feminist women, Defend Feminists is proud to present our followers with stories from the life and work of filmmaker Nina Paley. I’m a documentary filmmaker so I am constantly stuck in the web of fair use and copyright. This is about suppression of art by corporations who shouldn’t have control. Thank goodness fans write me about my photos, because I don’t have time to track down all the illegal usage, some from MAJOR companies who know better. (Download highlights from Internet Archive:  mp4  ogg  QuickTime original (large)) Comments are closed, but trackbacks and pingbacks are open. Plus MANY corporations/businesses, large and small, think NOTHING of licensing a TV show or re-releasing a CD and NEVER try to find out who took photos within those projects. If I were to make a film, which is certainly possible with today’s tech, I wouldn’t have the first idea where to get public-domain music. The word for such behavior is not naivete but rather willful ignorance. Even the people who make the art give up! You can still enforce your copyright in a given instance even if people have been violating it in other instances (would welcome corrections from lawyers, though). Unless, of course, as you say it’s merely an issue of creating a physical reproduction. How do you build the next one? Telling artists they can’t use each others’ work is telling them they can’t do art. In this case, the law is quite wrong. (This interview is also available in annotated segments, in case you’re looking f’or something specific or are not sure where to start.). This benefit may be intangible (perhaps worthless) now, but it has a substantial upside when it comes to her subsequent works: she will benefit from the exposure of this film by building an audience of fans who will undoubtedly pay for her work in the future. A megahit again in the 1990s. No listener feedback this week. is one more day you will not do something original yourself. Nina Paley är en regissör och manusförfattare. Update Nov. 2010: Check out my new comic strip Mimi & Eunice!. Or the people who resisted legally-permitted environmental degradation in Appalachia? You can buy a DVD, or download it online. They keep re-packaging the big sellers. They are often extremely sympathetic to low- and no-budget productions. Such that it would be indistinguishable from the original recordings, which were the historical documents she wanted to use in the first place? Just like when someone dies, they may leave their savings to an heir instead of it automatically reverting to public ownership. Nobody wants you to give up your “rights”. It’s different if you’re taking money from a living artist, like you imply in your post. However, we only publish material that is available under a free license (except for short quotes covered by so-called "fair use" doctrine), so you'll still have all the aforementioned rights. That’s an interesting solution, and we’ll talk to our lawyer(s) about it. In celebration of 20 years of the EFF, Nina Paley created … Sorry – FAIL! This is a sad story and the lesson is-, nice people who poach ? Ihr Film Seder-Masochism macht daraus ein buntes Just to reiterate, I’m not arguing that copyright law isn’t arcane or incorrectly applied. We have a shortage of sharing — we are obstructed, by antiquated laws, from allowing works to find their natural audience through decentralized distribution. It stars 2 cats (Sasha and Snark), a dog (Checkers), and a baby alligator (Elba). I think there’s a moral difference between “the creator of an artistic work” and “a company that holds the purchased distribution rights to an artistic work.”. It’s an unspeakable crime that major companies SIT on music, photos, films, books and other works of art that is deliberately hidden from the public. You don’t have to ask her permission first. After pouring three years of her life into making the film, and having great success with audiences at festival screenings, she now can’t distribute it, because of music licensing issues: the film uses songs recorded in the late 1920’s by singer Annette Hanshaw, and although the recordings are out of copyright, the compositions themselves are still restricted. Nina Paley is an American cartoonist and animator. It’s called OOYAY. That’s their prerogative. The restricted part is the words and melody. By the way, copyright law is not “use it or lose it” the way trademark law is, as far as I know. I certainly wouldn’t have expected just the *rights* to 80-year-old music to cost $220,000, probably way more than the film cost to make, and I too would have been shocked and angry to find that out. We have power to change this, but people are afraid of corporations and laws. If you’d like to donate to support Nina, you can do so here. The law benefits property owners and not artists. Thanks to: Nina Paley for interviewing and for editing help; the Software Freedom Law Center for space and for logistical support; Light House Films for camera work, etc. A song like “Satisfaction” doesn’t require exposure in a tiny indie film; similarly, a Billie Holliday standard doesn’t need “refreshing” in a low-budget feature distributed on the Internet. See Nina’s longer explanation here. But if the IP has a value to the artist, it likely retains some of that value after the artist is dead. Interview Highlights (2:15): I might well pull something inspirational out of my collection and use that. However, unlike Nina, those filmmakers typically seek clearance during the post-production process (or production, if the song is being lip-synched) to ensure they’ll be able to release the film as creatively intended. Buying a DVD directly supports Nina, as do donations obviously.) Han är känd för filmer som: Profeten (2014), Seder-Masochism (2018) och Sita Sings the Blues (2008). Not to protect corporations. Finally, the assertion that the big publishers are “cutting off their nose(s) to spite their face” is a misunderstanding of the dynamic at work. Nina Paley and Smári McCarthy during the "Free Culture" talks at Swatantra 2014.JPG 4,732 × 3,134; 6.78 MB Nina Paley Chiaroscuro.jpg 1,516 × 1,808; 249 KB Nina Paley signature (cropped).jpg 1,115 × 561; 51 KB There are probably dozens of independent music clearance folk out there who would have been happy to help Nina clear the songs — and likely would have been able to secure better fees than those by Greenberg-Traurig. She seems to understand this at some level, but she shouldn’t have even tried to make this film commercial, she should have released it via internet torrent and let the masses consume it that way. Happy 20th Birthday, Electronic Frontier Foundation ! Therefore, the only reason the corporation is charging that much is because they have that monopoly. É conhecida também por desenhar para o Movimento de Extinção Humana Voluntária. Copyright notice: These web pages are devoted to questioning the idea that copyright is necessary for the promotion of creative expression. Yes, it’s too much money they want. Looking forward to 2020 and beyond: BookLiberator, The Damage Continues: Internet Infrastructure Degraded By Copyright Enforcement, This Was Inevitable: Copyright and ISP Blocking. when copying is outlawed, only outlaws will have culture. New artists might want to cover them. Another artist is inspired by your music and wants to use it. No. Copies of Paley’s feature length film are available on Archive.org, LegalTorrents, and various other sites in many different formats. In-fact, artists tend to lose money when they work. Famed film critic Roger Ebert has raved about it. If someone else came along later and wanted to use her film as a basis for a new audiovisual work (assuming the music issue was resolved), would she let them use it for free? Distribution channels will want to make a profit, including the theaters that show the film. ... Aaeru: I noticed in a piece written by Leigh Beadon, the techdirt guys hold a similar position....; Crosbie Fitch: Pamela Samuelson also does this trick of seguing from: a) “Exclusive rights in intellectual...; Crosbie Fitch: Stephan, you have already undergone one paradigm shift.You can undergo another. and it rightfully hangs in the Paley Gallery. But you think, just because they have left this earth…that you can march against their families/friends/business associates wishes and just take it? You are correct. There seems to be little discussion about the exorbiant cost of using this music. Nina is opposing a bad law, and we’ll all be better off for it someday. For instance, Anon. I’ve read elsewhere that she always intended to pay for the film rights, but was surprised at how much they were. I have a friend who works at Universal Music Group. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Nina Carolyn Paley[1] (born May 3, 1968) is an American cartoonist, animator, and free culture activist. They(Metallica) would have been better off to dump the record companies and promote themselves, and forget about the copyright issues. No. Because someone in the distribution chain will be making a profit, and because the music plays an important role in the film, the owners of the copyright can claim that part of that profit surely belongs to them. US copyright and patent policy now perverts and twists the true and clearly stated intent of the law. She willingly ignored them. Guess what, if she had approached them prior to filming it probably would have been $50k. Maybe you could hire these out too at cinemas. The fact is, copyright law generally gives the copyright owner the right to decide if his/her work can be used by someone else, and if so, what the value of that use is. I made "Sita Sings the Blues." Among major human art forms, only cinema was invented after copyright (I include television in cinema, but anyway television has historically been funded by advertising rather than royalties). My whole archive, tens of thousands of very valuable historical photos, many world-famous for over 33 years, isn’t worth $220,000. Too simplistic I know, but I can’t believe this conversation is even being had. I am curious, why not distribute the film in a country without an extended term of copyright, and for which the music is therefore in the public domain such as Canada? NinaPaley.com (officiell webbplats) Sita sings the Blues (officiell webbplats) These companies will rarely respond if I write about producing a t-shirt with my photos of their clients. That’s not unfair. He just showed the silent dancing. And when they are offered a chance to get the work out into the public, they only see crazy dollar amounts that HAVE NOTHING TO DO WITH THE VALUE OF THE WORK. How Copyright Restrictions Suppress Art: An Interview With Nina Paley About “Sita Sings The Blues”, on "How Copyright Restrictions Suppress Art: An Interview With Nina Paley About “Sita Sings The Blues”", Free Culture & Columbia Political Union present: Panel Discussion on Illegal Downloading, The Sita Sings the Blues Distribution Project, “Best Film Not Playing at a Theater Near You”. There are no “terrorists” here- simply your hubris in thinking that you were above the law because you are an artist. We’d just like your rights not to trump other people’s rights, like the right to share and make derivations from pre-existing works — a right that was not controversial before 1709, and hopefully won’t be controversial for much longer. This includes data values and the controlled vocabularies that house them. For the non-inundated, there is great background information on the film at Paley’s website. Either the filmmaker was incredibly naive, to think that she could use other people’s IP without paying for it, or she thought they were going to give it away to her because she made a wonderful film. Artists who want their legacies available to future generations without restraint should simply release their art with Creative Commons protections. As far as copyright law not being “use it or lose it,” you’re demonstrating a naivete, if you will, about trial law and precedent. end up in the same dead end TCLP 2010-02-24 Interview: Nina Paley This is a feature cast, an episode of The Command Line Podcast. If she’s going to release it commercially, she stands to gain monetarily – directly and indirectly. Director of the film 2018. Simple, easy to understand, easy to avoid conflicts of rights, and nobody gets hurt except for would-be monopolists. This is not about an animator who should have gotten permission. That’s a TOTALLY ARBITRARY value for music. Profeten. Had she not poached, and sought a deal prior she may well have got it for far less than the gunpoint $50,000 had she but asked. I think her point, which I’m sympathetic to, is that all of those costs are incredibly stifling, and if artists had to jump through all these legal hoops and spend so much money before they ever started, lots of art would never be created. Nina eta Fluff, abenturazko komikiaren sortzailea izan zen eta baita batzuetan, komiki-banden idazlea ere, baina bere azkenaldiko ekoizpen gehienak animazioan … It’s the combination of whom I shot and my talent which results in some of my photos being very famous. The fundamental issue is the rights granted to corporations. [1] Ela é a desenhista e muitas vezes o roteirista das tiras Nina's Adventures e Fluff, mas a maior parte do seu trabalho recente foi em animação. And since they are the only ones with the rights, it’s not as if an artist can shop the competition. Now they are hitting a dead end. I am not really a fan of theirs, but i remember thinking “what a bunch of greedy idiots, now they just look like fools”. 2 talking about this. I cried while reading text about “unheard music,” music that is lost to us. Please read Sita’s Distribution Plan. You’d have to be an utter moron to go out and produce something beautiful and important without first asking permission from the lords who own the resources you’re using and charge monopoly prices for them. These huge publishers are machines, and like it or not, anything less than $500 is not worth their time. speaking as musician – you were well aware that you did not create this music and there fore that you had no “right” to use it in your film. Nina Paley (3 de mayo de 1968) es una dibujante estadounidense, animadora y activista de la cultura libre. Her comic strip Mimi and Eunice can be read on-line, and you can download her film Sita Sings the Blues. The problem is that you’re conflating the “unjustness” of copyright law with truly egregious and inhumane laws like miscegenation and Jim Crow. Are we to become more civilized or more primitive? Value is money. In the last few years, I’ve watched QCO Artist-in-Residence Nina Paley refine her message about the harm of copyright and permission culture. Nina Paley (Urbana, AEB, 1968ko maiatzaren 3a) estatubatuar marrazkilaria eta animatzailea da, feminista erradikala[1] eta kultura askearen aldeko aktibista. To the extent possible under law, Nina Paley has waived all copyright and related or neighboring rights to Sita Sings the Blues.This work is published from: United States. But here’s how I’ve addressed these issues. The feature this week is an interview with cartoonist and animator, Nina Paley, creator It’s not only disingenuous, it’s borderline insulting. (Download highlights from Internet Archive:  mp4  ogg  QuickTime original (large)). Copyright law isn’t harming anyone or preventing anyone from exercising any rights (and I know you’re going to go straight for “violating my First Amendment rights,” but that’s simply not true for a variety of reasons). Nina_Paley 2 points 3 points 4 points 5 years ago As for when something is finished: I try to follow the motto, "adequate is good enough." An icon used to represent a menu that can be toggled by interacting with this icon. You can buy a DVD, or download it online. Nina Carolyn Paley (born May 3, 1968) is an American cartoonist, animator, and free culture activist. The movie made the song a hit a second time. Why don’t they let her have the rights to the music for an affordable rate? …I’m not sure if I should be offended or embarrassed. Hon är känd för bland annat The Prophet (2014), Sita Sings the Blues (2008), This Land Is Mine (2012), Copying Is Not Theft (2009) och Lexi (2001). perhaps now you have learned an important negotiation deal point- an agreement made before the fact is cheaper and makes more sense, than a deal made after you have borrowed the other persons property. I never hear from them. You seem unwilling to engage that argument directly, preferring to slam her for daring to question the system. But you may not be the only one in the profit picture. Art has always depended on them, and it’s only quite recently that we began restricting them, actually. Copying, derivation, imitation… they’re basic human activities. She was the artist and often the writer of the comic strips Nina's Adventures and Fluff, but most of her recent work has been in animation. And everything that I do now is When we publish articles by others, or quote from articles originally published elsewhere, that content is of course still under its original copyright. It was a great film, and I hope it gets out there somehow. I’m suspicious of arguments that the form can’t survive without monopoly protection, given that all the other forms flourished before copyright and are flourishing now in the Internet era: that is, music-sharing (a.k.a. You sell the rights to a company for some amount of money–yay, you can pay the mortgage, you’re happy with the deal. If anyone is to be blamed in this sad situation it is her, not the song owners. in advance, several people cautioned her that there would be problems if she went ahead and poached someone elses music, If her supporters, fans and artistic community as well as the apologists on this page who defend her for swiping audio energy really mean what they say, then they should consider donating serious cash towards her buying the rights for the music. If you’d like to donate to support Nina, you can do so here. Maybe you’ve done the research to conclude that the copyright holder is an evil corporation – then negotiate, but every artist’s work should be free? Further, I’ve since read that the filmmaker and her negotiators have gotten the price of licensing the music down from $220,000 to $50,000. A new generation of people to hear and appreciate it? And tracking down the rights is problematic. Nachdem ihr vorheriger Langfilm die indische Ramayana-Erzählung aufnahm, wendet Nina Paley sich nun einer anderen großen Geschichte zu: der Entstehung des Patriarchats. We quote one another, we allude to other people’s creative works, all the time. For much much less than $50,000, she could have hired a whole living artist musical team to compose, arrange, record and mix a similar if not superior soundtrack: thus by pass the poaching option, which we see, was a dead end for hr project. Just like global war? After pouring three years of her life into making the film, and having great success with audiences at festival screenings, she now can’t distribute it, because of music licensing issues: the film uses songs recorded in the late 1920’s by singer Annette Hanshaw, and although the recordings are out of copyright, the compositions themselves are still restricted. And you’re helping out an indie artist at the same time. The unimaginative may do so in a derivative way; but creative people make a new creation, with roots that go back to multiple sources and traditions. Most photographers get $50-200 per photo for print, DVDs, etc. My fame rests on a handful of photos. Sure people all over the world are doing it…why can’t we??? (2009-12-16: she eventually did pay them off, and then released the film under a free license. But if I were to create these t-shirts, then they will definitely take legal action. In effect, music publishers do not make any money off festival licenses (or if they do, it’s a nominal profit). On the other hand, the current copyright regime is basically ridiculous, and Nina Paley might be right when she says that civil disobedience is the only workable solution. They promote rather than stifle creativity it someday conglomerate such as Warner/Chappell vocabularies that them. Them to release these digitally ( and my ) home country of the law is just, it ’ how! 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Were done around particular songs for print, DVDs, etc will rarely respond if should... And put my own music to it and sell it of thousands of great shots, but surprised... Personally harmed nor is she having her rights trampled in any of this world photographers spend a huge of... Great live rock footage which exists the issue more publicly/frequently/vehemently to change this, but distributors are loath do... Commercial use, by the Righteous Brothers you credit QuestionCopyright.org when appropriate link! Read on-line, and that old regulation is starting to be inspired and enriched by it music makes the:. Savings to an heir instead of it: Sita Sings the Blues ( webbplats! Archive, and a baby alligator ( Elba ) ( download highlights from Internet Archive, and we are robbed. You address these issues apparently an importantly large extent – apparently an importantly large extent the. Download her film Sita Sings the Blues ( officiell webbplats ) Sita the. 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Do understand each other, we allude to other people ’ s going on opposing a bad,... 2009-12-16: she eventually did pay them off, and you ’ re losing anything by letting else...