oha ano-bel’s

he reedom to reate

 reatin reedom

1
2
 oha ano-bel’s

he reedom to reate

 reatin reedom

BA (Hons) Graphic Design

Central Saint Martins College of Art and Design
University of the Arts London
November 2005

3
4
 Attribution-NonCommercial-ShareAlike 2.0

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5
6
Creativity and innovation always builds on the past. The past always tries
to control the creativity that builds on it. Free societies enable the future by
limiting the past. Ours is less and less a free society..1
Lawrence Lessig

he reedom to reate

 reatin reedom
y

oha ano-bel

Freedom
The power or right to act, speak, or think
as one wants without hindrance or restrain.

Creativity
The use of the imagination or original ideas,
especially in the production of an artistic work.2
7
8
Creativity and Innovation always
builds on the pas
There are two things that I’m constantly concerned about. The Title page: Ashley Holt,
most important things for human kind. They make humanity prosper. Notmickey, 2002, pen, paper
and photocopies.
They are always linked and one cannot exist and achieve itself with- Part of the Illegal-Art.org
out the other. online exhibition for works
that were liable for copyright
infringement.
These two things are Freedom and Creativity. 1
Lawrence Lessig, Free
culture, O’Reilly open source
It is in our nature to create. To bring ideas to life, thoughts and ideas that conference, San Diego,
CA, 24 July, 2002, www.eff.
have never existed before. org/IP/freeculture/
Nevertheless, I believe that most creative ideas are thought about with the 2
New Oxford American
influence of other creative ideas. Sometimes the new idea is a new imagina- dictionary, 2nd edition,
tive concept, with a distant connection to the original work and sometimes Dictionary 1.0, Apple
Computers, 2005.
the new idea is directly based on other works.
Public domain comprises
In ancient Greece, Plato elaborated Socrates’ ideas, wrote them down and the body of all creative
works and other knowl-
added his own thoughts to them. On the other hand, Aristotle, Plato’s disci- edge in which no person
ple, contradicted his learning and developed his own outlook while criticiz- or organization has any
ing his teacher’s doctrine. proprietary interest. Such
works and inventions are
considered part of the
As with philosophy, the nature of the creative process in any form is to public’s cultural heritage,
learn from the past and to build upon it. and anyone can use and
build upon them without
Sometime we can clearly see the influ- restriction.
In most countries, all copy-
ence of past works on the present in the rights and patents have
form of derivatives, as adaptations are. The a finite term and when it
many adaptations to Shakespeare’s works are expires, the work or inven-
a prime example. These are written plays, tion is released into public
domain. Patents usually
known to everyone in our culture, that have expire 20 years after they
something to say about life in our own era, were filled. However, copy-
though written in the 16th century. rights are more complex.
The works of William Shakespeare are Generally they are expired
when the conditions, set by
in the public domain, they are part of our the copyright law of spe-
cultural heritage and anyone can use them as cific nation, are satisfied.
they like. There is no need to ask permission Wikipedia – The Free Ency-
from the author, and there are no restrictions clopaedia, www.en.wikipedia.
org/wiki/Public_domain
on the way of making derivatives from them.
9
Anyone can make his own modifications to Shakespeare’s writings. Just take 3
Broadway musical written
a Shakespeare book close to you and start transforming it. It comes to my by Arthur Laurents, Music
by Leonard Bernstein, lyrics
mind that maybe this is another reason why people keep on adapting his by Stephen Sondheim.
texts, aside from the fact that they are “masterpieces”. We can see it in films Directed by Jerome
Robbins, Winter Garden
and plays like West Side Story 3, A Midsummer Night’s Sex Comedy 4, Rosencrantz Theatre, New York, USA,
and Guildenstern Are Dead (picture shown on page 2) 5, 10 Things I Hate About You 1952; Film By Jerome
6
, the TV series The Black Adder 7, and more obviously in films and plays that Robbins and Robert Wise,
USA, 1961.
carry the same names unchanged. 4
Written and directed by
Woody Allen, USA, 1982.
In music, the creation of new works is achievable with the help of other 5
Stage play written by Tom
sound pieces. It is possible to remake an older piece of music, giving it a Stoppard, UK, 1966; Film
different taste, like covers to songs, or to mix a piece of music with other written and directed by Tom
Stoppard, USA, 1990.
sources, like new remixes by DJs and producers. 6
Written by Karen
Producers like Moby and Fat Boy Slim and Hip-Hop artists like Public McCullah and Kirsten
Enemy and the Beastie Boys are consistently using samples from different Smith, directd by Gil Junger,
songs and creating their own art. USA, 1999.
7
Created by Richard Curtis
and Rowan Atkinson, UK,
An example of the flow of versions and remixes for one sound piece is 1982-1989.
the tune Autumn Leaves. It was composed by the French composer Joseph 8
Written by Jacques
Kosma and written by Jacques Prévert (as Les Feuilles Mortes) to be performed Prévert, directed by Marcel
by Yves Montand in the film Les Portes de la Nuit 8 in 1946. Carné, France, 1946.
In 1949 it was translated to English by Johnny Mercer and renamed as
Autumn Leaves. During the years it was performed by various artists like
Edith Piaf, Nat King Cole, Stan Gets, Miles Davies, Eva Cassidy, Diana
Krall and many more. The duo Cold Cut made an electronic adaptation to
the song in 1993, thus creating an ambient version and kicked off the Easy
Listening music genre. In 2001, another duo known as Way Out West lifted a
sample from Cold Cut’s version and created a dance floor hit with a mel- Yves Montand and Nathalie
ancholic twist, renaming it as The Fall. Later that year this new version was Nattier in Les Portes de la Nuit.
remixed by John Digweed’s Bedrock.

The creation of a new piece of art which is based on another piece of

art is not only a part of the music scene. As well as adapting books into
films, film makers are giving credit to other directors, script writers or just a
specific genre by incorporating bits and pieces from those films in their own
creation.
The motion picture Psycho 9 by Gus Van Sant, produced in 1998, is “a rec- 9
Written by Joseph Stefano,
reation of the nightmare that started it all...”, according to the film tag line, USA, 1960Novel by Robert
Bloch, USA, 1958.
referring to Alfred Hitchcock’s original motion picture from 1960. Apart
from being filmed in colour and having different casting and that the actors
played slightly different, in my view it is an exact recreation of Hitchcock’s
10
 Psycho, the shower scene.
Left: Anne Heche in Gus
Van Sant’s remake of 1998.
Right: Janet Leigh in Alfred
Hitchcock’s original from
1960.

original film, shot-for-shot. It almost seems that no changes have been made
at all.

Sometimes it is hard to see the reasoning behind the remaking of a film,

as seen in the example above, but none the less, the movie was made. 10
Written by Jean-Claude
Additional new versions that American motion picture studios are making Carriére, Daniel Vigne
and Natalie Zemon Davis.
are stories influenced by European cinema. Directed by Daniel Vigne,
France, 1982.
Films like the French Le Retour de Martin Guerre 10, turned into Sommersby,11 11
Written by Nicholas
Meyer and Sarah Kerncham.
La Femme Nikita 12 which was remade in English as Point of No Return (titled Directed by Jon Amiel,
The Assassin in some countries)13 and later produced as a television series14 USA, 1993.
which was loosely based on the original movie. The British film The Italian Job 12
Written and directed by
15
from 1969 was remade into a new film carrying the same name16 in 2002, Luc Besson, France, 1990
(left image).
though in a very different plot while keeping the main characters and the
13
Written by Robert
famous Mini Cooper raids. Americanizing the films to fit Hollywood style. Getchell and Alexandra
Seros. Directed by John
Badham, USA, 1993
(center).
14
La Femme Nikita, Created
by Joel Surnow and Robert
Cochran, Canada, 1996-
2001 (right).
15
Written by Troy Kennedy
Martin, directed by Peter
Collinson, UK, 1969
16
Written by Donna and
Wayne Powers. Directed by
F. Gary Gray, USA, 2002.

11
 Artist Mark Kostabi said he was influenced by the painter Edward 17
Interview with American
artist - Mark Kostabi,
Hopper among other artists.17 Maybe he was influenced, but in a series of March 2004, www.artquotes.
paintings Kostabi shows how he identifies himself with Hopper. He reflects net/artists/kostabi-
it in his own specific way, and make the viewer understand the speciality of interview.htm
18
the new paintings, though they are similar in scenario and perspectives as Amichai Silberman,
Identity=Identity?, Kaveret
Hopper’s paintings.18 (Beehive) - journal of the depart-
ment of behavioral sciences, No.
11, August 2005, Rishon
Le’Zion, Israel: The College
of Management.

Left: Mark Kostabi, Blue

Oblivion, 1991 (oil on canvas,
60 x 64 cm)
Right: Edward Hopper,
Hotel Room, 1931 (oil on
canvas, 152 x 166 cm)

Left: Mark Kostabi, Aesthetic

Codes (Missing Pieces), 1997
(oil on canvas 46 x 61 cm)
Right: Edward Hopper,
Morning Sun, 1952 (oil on
canvas, 71 x 102 cm)

Left: Mark Kostabi, First,

Last and Security, 1988 (oil on
canvas, 69 x 84 cm)
Right: Edward Hopper,
Conference at Night, 1949 (oil
on canvas, 70 x 102 cm)
12
 A distinct example for contempo-
rary influence by previous, although
modern, work is a famous Honda
advert.

Swiss artists Peter Fischli and David 19

Above: P. Fischli and D.
Weiss created in 1987 a kinetic energy Weiss, Der Lauf der Dinge,
1987, T&C Film AG, www.
installation which they filmed and tcfilm.ch/lauf_txt_e.htm
released as Der Lauf der Dinge (The Way
Things Go).19 A 30 minute film, without
narration or interviews but with an
ambitious construction: 100 feet of
physical interactions, chemical reac-
tions, and precisely crafted chaos.

Advertising agency Wieden+ 20

Left: Wieden+Kennedy,
Kennedy with the director Antoine Cog, 2002, Honda UK, www.
honda.co.uk/cog/
Bardou-Jacquet at the Partizan Midi
Minuit production company created a
Honda advert called Cog.20
The advert, which runs for two
minutes, is a chain reaction involving
parts of a Honda Accord, leading to
the presentation of the new model (as
of 2003), under the tag line “Isn’t it
nice when things just work?”

Fichli and Weiss’ film is well known. 21

People who are familiar with it, are cer-
tain that the Honda advert was based
on the film.
Wieden+Kennedy (and Honda),
have never gave the two artsits credit
for the idea.21
Jeremy Phillips and
Ilanah Simon, IP Kat weblog,
http://ipkitten.blogspot.
com/2003/07/ipkat-visits-
ica.html
13
a b
(a) Jenson, ~1469
(b) Golden Type, 1890
(c) Centaur, 1914
(d) Adobe Jenson, 1995
(e) Ruit, ~1990
(f) Scala, 1991

c d

e f

14
 The examples on the facing page22 show the development of the typeface 22
Ellen Lupton, Thinking
introduced by Nicolas Jenson around 1469 (a). Jenson was a Frenchman who with type: a critical guide for
designers, writers, editors, & stu-
had a printing firm in Venice and his typefaces merged the Gothic style of dents, New York: Princeton
France and Germany with the Italian Humanist style. This “mix” gave birth Architectural Press, 2004,
pp.14-15
to what we know today as roman typefaces. Gerrit Noordzij, a Dutch typog-
23
Ibid.
rapher, teacher and theorist, who designed the typeface Ruit in the 1990’s
(e), which is based on Jenson’s typefaces, explains that Jenson “adapted the
German letters to Italian fashion (somewhat rounder, somewhat lighter), and
thus created roman type”.24

The adaptation sequence begins in 1890 when Jenson’s typeface was

reformed by William Morris in England, as Golden Type (b).
Centaur (c) was introduced by Bruce Rogers in 1914 and captured Jenson’s
strokes, with less density than Morris’ dark page features.
Robert Slimback, who reconceives historical typefaces for digital use,
designed Adobe Jenson in 1995 (d). This typeface is less decorative than
Centaur.
Scala (f), designed by the Dutch typographer Martin Majoor in 1991, is a
contemporary realization of the same type face, and though it has geometric
serifs and rational forms, it reflects the calligraphic origins of the type.

Many people are not aware that most fonts we are so accustomed to use
today are the direct heritage of early-modern printers/publishers.

These examples, and many others through history, tell the story of human
culture and human creativity. We would like to think that we “bring ideas to
life.” That we create “thoughts and ideas that have never existed before,”
but this is not necessarily true. They have existed before but in a different
form, in a different medium, or with a different concept. We are using other
people’s creative thoughts and processes in order to make our own and we
cannot escape it. This is how our culture have evolved and this is our cultural
future too.

In order to continue and create - and thus - to continue our cultural evolu-
tion, we need to have the freedom to do so, and hence, to have our freedom
to use creations from the past.

Today I feel that our freedom to create is being diminished.

15
 “Modern culture... [is] a hybrid nation of explicit influences,
generous borrowings, and inside references. It’s a remix
culture, a layer-upon-layer construction that lets us marvel
at Tarantino’s Hong Kong homages, delight in the Dean
Scream, and wink at phantom edits.”
Thomas Goetz, ‘Sample the future’, Wired, Issue 12.11, November 2004, New York: Conde-Nash Publications, 181-183
www.wired.com/wired/archive/12.11/sample.html

16
he past always tries to control the
creativity that builds on i
Our freedom to create goes in two ways. On one hand, there is the sover- Copyright is “a form of
eignty of the artist over his own work. On the other hand, there is the liberty intellectual property which
secures to its holder the
of another artist to originate a new piece while incorporating others’ crea- exclusive right to produce
tions. Of course, both artists would like to keep their own rights before and copies of his or her works
after they produce a piece. of original expression, such
Copyright law determines what is legal to use and what is not. It keeps as a literary work, movie,
musical work or sound
works safe from other people’s hands. It gives the creators the rights to most recording, painting, com-
forms of use of their work. These creators are guaranteed the exclusive puter program, or industrial
right to reproduce the work, distribute copies of it, perform it and display it design, for a defined, yet ex-
publicly. tendable, period of time.”
On some occasions it is possible to obtain a license from the copyright Wikipedia – the free encyclo-
pedia, www.en.wikipedia.
owner in order to reproduce, distribute, perform and display the work or org/wiki/copyright
create a derivative work from it.

The deep meaning of the law is that an artist who is about to create a new
piece while using another’s creation, cannot include the material without 24
Fair use is hard to quan-
the permission of the copyright holder. For example, an artist cannot take tify and the main factors to
be considered shall include
a story of his favourite writer and make it into a play or a film. In order to the purpose and character
make a derivative work of any form, the artist should obtain licence to do so. of the use, the nature of the
copyright work being bor-
rowed from, the amount and
However, most Western copyright laws establish the right of fair use, importance of the portion
which is registered as “a defence to copyright infringement, [and] allows used, and the effect of the
use on the potential market
scholars, researchers, and others to use protected works for socially produc- or value of the copyright
tive purposes”.24 In other words, the right of fair use allows me, for exam- work. Only court can deter-
ple, to incorporate quotes in my essay, without seeking permission of their mine whether a particular
use is fair use.
authors.
Lloyd J. Jassin, Fair use in a
nutshell: a roadmap to copyright’s
most important exception, www.
Derivative work means “an artistic creation that includes aspects of work previously created copylaw.com/new_articles/
and protected”.† The United States copyright law defines that derivative work “is a work fairuse.html
based upon one or more pre-existing works, such as a translation, musical arrangement,
dramatization, fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which a work may be recast, transformed, or
adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifi-
cations which, as a whole, represent an original work of authorship, is a derivative work”‡
†
Wikipedia – the free encyclopedia, www.en.wikipedia.org/wiki/Derivative_work
‡
Copyright Law of the United States and Related Laws Contained in Title 17, chapter 1,
section 101 of the United States Code, www.copyright.gov/title17/
17
 My intension in this paper is to shed light, amongs other things, upon the
foloowing problems. Even though some rights can be granted by fair use,
copyright law imposes considerable restrictions on creativity.

The first problem: “While the tradition of fair use with text is fairly 25
Lawrence Lessig,
mature, that tradition is much weaker with film, photographs, and sound”. ‘Creative freedom for
all’, Wired, Issue 12.11,
The Sixth Circuit Court of Appeals stated in September 2004, that there is November 2004, Conde-
no right of fair use in musical recordings. “Get a licence or do not sample” Nash Publications, 188-189,
www.wired.com/wired/
held the court. In other words: sampling is piracy, and the law bans piracy.25 archive/12.11/larry.
This topic will be elaborated further in a subsequent part of this paper. html?pg=2

Lawrence Lessig is a professor of Law at Stanford Law School and founder of the school’s
Center for Internet and Society, who dedicated a significant part of his career and public
activity to copyright laws and their implications on culture and society. Lessig teaches and
writes in the area of comparative constitutional law, contracts, and the law of cyberspace.
Recently, Lawrence Lessig was named one of Scientific American’s Top 50 Visionaries for
arguing “against interpretations of copyright that could stifle innovation and discourse
online.” He is the author of The Future of Ideas, Code and Other Laws of Cyberspace and Free
Culture - The Nature and Future of Creativity.
Professor Lessig also chairs the Creative Commons project and a boardmember of the
Electronic Frontier Foundation, a boardmember of the Center for the Public Domain, and a
commission member of the Penn National Commission on Society, Culture and Community
at the University of Pennsylvania.

The second problem: legal changes grant the full rights for almost unlim-
ited period of time to the owners and forgets disregard the rights of our
culture by preventing works from entering the public domain and becoming
a part of the collective heritage.

I would like to make it clear that this work is not intended to diminish the
idea of copyright or the importance of copyrighted works. Copyright gives
the creator of an original piece the rights to his piece, which are rightfully
his. However, in addition to protecting the owner’s rights, the copyright
also forbids many things that do not neccesarily infringe the rights of the
creator.

In a series of extensions, started in the 19th Century, copyright rules got

gradually tightened and the possibilities of creativity in Western culture were
reduced.
In 1993 the European Union passed the ‘Directive on harmonizing the
term of copyright protection’, which ensured that there was a single duration
for copyright across the entire EU. The duration was set in accordance with
18
Copyright and copyright extensions
The modern concept of copyright regarded the reproduction of books in print and was originated in Britain in 1710 with
the Statute of Queen Ann. The new law granted the exclusive copyrights to authors (as well as publishers), for a period of 14
years and the ability to extend the term by another 14 years. If the author wouldn’t extend it or if if the 28 years have passed
the work would pass into the public domain.
The law then didn’t include derivative works, which meant that any person could adapt an existing piece of printed material
to a different form.
In 1790 the American Congress passed a law similar to the British Statute of Ann.
Gradually, during the years, the the law became more restricting and more extensions to the copyright term have been made.
A change in the law in 1831 extended the term to 42 years.
The Berne Convention† of 1886 importantly established the recognition of copyrights between sovereign nations (before,
nations refused to recognise the works of foreign nationals as copyrighted). The convention also provided for a minimum
term of private copyright protection to the life of the author plus fifty years, with the ability to change it within any country.
In 1909 the American law extended the term of copyright to 56 years from the day of publishing. In the 20th century the
term of corporate authorship was extended 12 more times, and 59 years in 1962. From 1965 to 1976 a series of extension acts
have gradually increased the term to 75 years of copyright. including the Sonny Bono Copyright Term Extension Act of 1998.
Lawrence Lessig, Free culture: the nature and future of creativity, 2004 New York: PenguinBooks.
†
Full name: The Berne Convention for the Protection of Literary and Artistic Works.

the law in Germany, which had the longest copyright term in any of the EU
states, for life of the author plus 70 years after his death. This extension also
revived copyrights that had already expired.
In a form of reciprocity (the extension was made available within the EU
to non-EU copyright owners) it lead the way to the controversial US Sonny
Bono Copyright Term Extension Act of 1998. This act extended the dura-
tion of US copyright by 20 years, to fit with the EU, in the case of individual Mickey Mouse starring in
work, or 75 to 95 years in the case of corporate authorship and works that Walt Disney’s Steamboat
were first published before 1st January 1978. Willie, 1928.

The act increased the copyright term for works that were still under 26
Wikipedia
copyright by 20 years as well, thus “effectively ‘froze’ the advancement date – the free encyclopedia, www.
en.wikipedia.org/wiki/
of the public domain in the United States for works covered by the older Sonny_Bono_Copyright_
fixed copyright term the law gave. Under this act, no additional works made Term_Extension_Act
in 1923 or after, and that were still in copyright in 1998, will enter the public 27
Written and directed by
domain until 2019”.26 Walt Disney and Ub Iwerks.
USA, 1928.
This act, nicknamed ‘The Mickey Mouse Protection Act’, also halted the 28
Written and directed by
release of Walt Disney’s animated short films from 1928, Steamboat Willie 27 Walt Disney and Ub Iwerks.
and Plane Crazy,28 as they were about to enter the public domain between USA, 1928.
2000 and 2004.
Most people are not aware that Disney’s Steamboat Willie was a parody 29
Written by Carl Har-
on Buster Keaton’s motion picture Steamboat Bill, Jr. 29 which was produced baugh, directed by Charles
Reisner, USA, 1928.
earlier that year and was not part of the public domain. Steamboat Willie is
nowadays more remembered than Keaton’s original, maybe due to the fact
that it was Mickey Mouse’s first appearance.
19
 In addition, Walt Disney based many of his feature animations on stories
in the public domain, written by other writers like the Brothers Grimm and
Lewis Carrol . Among the famous examples are films like Snow White and
the Seven Dwarfs (1937), Pinocchio (1940), Cinderella (1950), Alice in Wonderland
(1951), Beauty and the Beast (1991) and more,

As a whole, the afore mentioned in fact means that Walt Disney and 30
“Rip. Mix. Burn.” was
the Disney corporation are using the “Rip – Mix – Burn” way, if to quote Apple’s controversial tag line
in an advert for a new iMac
Apple’s tag line from 2001.30 they released in 2001, which
Albeit, Disney wouldn’t allow other people to treat their works in the included a CD-RW drive.
This was the first computer
same manner. Every time Mickey Mouse is about to pass into the public to include such a device as
domain, copyright terms are extended, and “No one can do to Disney, Inc. a standard feature and the
what Walt Disney did to Brothers Grimm”.31 advert caused an angry call
out from media moguls.
Copyright law has important implications on our culture and society. It 31
Lawrence Lessig, Free
not only limits the possibilities of creativity, but also diminishes the cultural culture, O’Reilly open
heritage available to the public. source conference, San
Diego, CA, 24 July, 2002,
www.eff.org/IP/freecul-
ture/

“Never has it been more controlled... Never

in our history have fewer people controlled
more of our evolution of our culture.”
Lawrence Lessig, The Future of Ideas, 2001, New York: Random House.

By limiting the ideals of fair use the legal system disencourages creative
thought and the production of derivative works which could have had cul-
tural significance. By continual extension of the copyright term, it prevents
cultural works from entering the public domain and thus deters the develop-
ment of cultural resources.

20
Hybrid image by the author,
incorporating the photograph
Mellow Yellow by Tom Forsythe,
1999, and text based on
the letterpress work God®
Bless™America© by Simon
Johnston, 1993.

21
22
urs is less and less a free society
In the following part I would like to elaborate further the idea that I have
already expressed at the beginning of this paper: the creative process is influ-
enced by works that have existed before.
As I have previously stated, copyright law can sometimes be very restrict-
ing for innovative artistic creation. In many ways the idea of intellectual
property and corporate lobbying are holding back aspiring artists from
creating new pieces. Even when an artist creates a work of art based on an
Facing page: Tom Forsythe,
existing copyright protected work, there is always the possibility that if his Land of milk and Barbie II,
work will be regarded as infringing copyright then it will be prevented from 1999, photograph.
being published. Below: Tom Forsythe, Mixer
fun, 1999, photograph.
In order to substantiate my argument, I would like to
present a few examples in which copyrights protected
works limited or tried to limit creativity, many times on
the expense of important social messages that artists tried
to convey in their art.

On 24th of August, 1999, Tom Forsythe was served

with 30 something pages of a complaint from Mattel,
the company that created and produces Barbie dolls.
The complaint involved alleged copyright and trademark
infringements over his series of photographs called
“Food Chain Barbie”.32

Forsythe created the series as a “stab at mindless con-

sumerism, the impossible beauty myth and the advertising
that brings it all into our lives”.

Mattel sued Forsythe for displaying Barbie as the piece

of plastic it really is rather than as the role model that
Mattel has marketed it as. One of the main reasons that
corporations sue artists like Forsythe is to frighten them
32
and make them back off from using copyrighted work. National Coalition
Against Censorship,
The ensuing trial (which lasted for four years) all backfired Mattel and www.ncac.org/issues/
they lost at the Ninth Circuit Court of Appeals. The judges stated that the foodchainbarbie.htm
33
case was ‘unreasonable and frivolous’ and ordered the company to pay all the Ibid.
legal fees and expenses.33
23
 Even though this case is an example of an attempt to control
creativity using copyright law, the copyright owner didn’t succeed
in blocking the art. In other cases artists were not so fortunate.

Air Pirates were a group of cartoonists who created two issues

of an underground comic called Air Pirates Funnies in 1971.
The members of the Air Pirates group shared a common
interest in styles of comic strip masters. Each of the group
emulated or paid homage to a famous cartoonist. The founder of
the group, Dan O’Neill, had an obsession with Walt Disney’s Mickey Mouse. Illustration from the
O’Neill, with another member of the group, Gary Hallgren, created stories Mouse Liberation Front’s
Air Pirates Special Pirate
that were based on some of Disney’s characters. The new creation engaged Edition, author unknown.
Disney characters in adult behaviours such as sex and drug consumption.
The aim of O’Neill and Hallgren’s stories were to confront Mickey Mouse
as a symbol of conformist hypocrisy in American culture and the increasing
dominance of the Disney corporation over the chighly influential American
culture.
Disney, in turn, filed a lawsuit alleging, amongs other things, copyright
infringement, trademark infringement and unfair competition against most
of the group’s members. The Pirates responded by alledging that their
parody of Mickey Mouse was fair use.
The Air Pirates lost the case. The court said that the Air Pirates use of
Mickey Mouse did not fall within the ambit of fair use.

Left: Air Pirates Funnies,

July 1971.
Right: Air Pirates Funnies,
August 1971.

24
 A different example shed light on how the law can be unrestricted.
This other example comes from the other side of the “iron curtain”.
A character called Cheburashka was created in the Soviet Union in 1966.
According to the story, Cheburashka is a creature unknown to science,
and one of the protagonists in the story Crocodile Gena and His Friends,
created by Russian writer Eduard Uspensky. Cheburashka is also the hero of
an animated film series by Soyuzmultfilm studio.

Cheburashka is a very famous and loved image in Soviet culture. He was

chosen as an official mascot for the Russian Olympic Team for the 2004
Olympic Games in Greece.

In 2003, Andrey Kuznetzov and Maksim Pokalev launched a project, 34

The Hieroglyph, www.hiero.
named “Cheburgen”, as homage to the famous hero. The project accepted ru/project/Chebur
every work on condition that it “will, either implicitly or explicitly, depict the
images of the great cartoon, familiar to all normal people”.34
The project became an immediate success in Russia, especially after it was
published via the internet. Shortly after the project was launched, everybody,
not only artists, could contribute their works to the project. Its website
became a place where people can share their humour, interpretations and
creativity influenced by Cheburashka.
During the Communist regime in the USSR, copyright laws virtually did
not exist. The advancement of copyright began in Russia only after 1990,
and the rules are less draconian than in the rest of the world.
The concept of Kuznetzov and Pokalev’s exhibition, works which are
based on the original creation, and actually incorporated other famous
Left: One second before awaken-
ing from a dream caused by the
flight of a bee around a pome-
granate, Salvadore Dalí, 1944,
oil on canvas (51 x 40.5 cm)
Right: Urmany-Ustu, Andrey
Kuznetzov, 2003.
Part of his series, called
Cheburaki, combines
Cheburaska in famous
places, artworks or images.

25
artwork, was possible due to the relative openness of the Russian
copyright laws and a long cultural tradition where such law didn’t exist
at all. When it comes to creating art for the sake of creation, even
when using copyrighted material, the copyright owners, in Russia, are
less rigorous.
Andrey Kuznetzov, The
Probably the most illustrative examples to show the impeding effect of horrible revenge of the national
copyright on creativity comes from the music industry. hero, 2003.

In 2004, Brian Burton, a young producer better known as Danger Mouse,

mixed Jay Z’s The Black Album 35, with The Beatles’ White Album 36, and called
it The Grey Album. He soon sent out 3,000 promo copies.

Danger Mouse used the music of The Beatles to create the sounds and
backing vocals for Jay Z’s album. Danger Mouse cut the original Beatles’
tracks and mixed the beats and pieces together with The Black Album’s a-
cappella version. Def Jam, Jaz Z’s label, released that version in order to let
other musicians recreate and to build upon it.

Unlike Jay Z and Def Jam,

EMI, who control the rights to the
sound recordings of The Beatles,37
didn’t want to share these rights
with others. They handed Danger
Mouse a ‘cease-and-desist’ order,
which meant that he needed to
stop any reproduction of the Grey
Album, or else they will take the
matter to the court. Danger Mouse
complied with EMI but the album
continues to circulate on the
internet, by activist websites like
Stay Free Magazine 38 and in by peer-to-peer (P2P) software users. Both EMI
and Sony/ATV sent legal threats to many of those websites but later backed
down and The Grey Album remains safely online.
“As far as art is concerned, I’ve never really worried myself too much
with what’s legal. At the end of the day, I’ll still make the same kind of music
I’ve always made – even if it’s just for me and my friends to hear,” Danger
Mouse said last year in an interview to Wired Magazine.39
26
35
Jay Z, The Black Album,
Roc-a-fella/Def Jam, USA,
2003; Jay Z, The Black
Album (acappella), Roc-a-
fella/Def Jam, 2004
36
The Beatles, White Album,
Apple/EMI, UK, 1968.
37
The publishing side of
The Beatles’ catalogue is
owned by Sony Music/
ATV Publishing, a venture
between Sony Music and
Michel Jackson.
38
Stay Free Magazine, www.
stayfreemagazine.org
39
Eric Steuer, ‘The remix
masters (14)’, Wired, Issue
12.11, November 2004,
Conde-Nash Publications,
198, www.wired.com/
wired/archive/12.11/
beastie.html?pg=4&
 The Verve, headed by Richard Ashcroft, released
their third album, Urban Hymns, in 1997.40 The song
Bitter Sweet Simphony, was released as a single prior to
the album, and reached #2 in the UK singles chart.
Later, the album reached #23 on the American
Billboard charts. This was the first time in The Verve’s
career that they had received high praises from the
critics as well as major commercial success.
In Bitter Sweet Simphony, Richard Ashcroft used a
sample from an orchestrated version of one of The
Rolling Stones’ minor hits, The Last Time.41 Although,
Bitter Sweet Symphony was written almost entirley by
Richard Ashcroft, he gave credit to Keith Richards
and Mick Jagger. The Verve.
From left: Peter Salisbury,
The Verve cleared the rights for the sample before the release, but after Simon Jones, Richard Ash-
croft, Nick McCabe, Simon
the great success of the song, one of The Rolling Stones’ former managers, Tong.
Allen Klein, who owns The Rolling Stones’ pre-1970 catalouge, sued the 40
The Verve, Urban Hymns,
group for using more than it was discussed in the licencing agreement. The Virgin, UK, 1997.
Verve vehemently disputed. 41
The Rolling Stones, Out
The legal battle resulted with the group turning over 100% of the of Our Heads, Abkco, US,
1965.
royalties from the song, as well as copyright and songwriting credits to
Klein and the Rolling Stones.

Moreover, Allen Klein used his newly acquired rights over The Verve’s
song, and — disregarding the group’s objection — licenced it to Nike, to
be used in a multi-million dollar television campaign.
To add even more bitter to the symphony, when the song was nominated
for a Grammy award, the nominees were Mick Jagger and Keith Richards,
and not The Verve.
The group broke up after Ashcroft suffered from a nervous breakdown
as a result from the loss.

The Rolling Stones’ The Last Time was actually inspired by a traditional 42
The Staples Singers, This
Gospel song called This May Be the Last Time.42 The Stones’ derivative was May be the Last Time, VeeJay,
US, 1954.
based on a performance by The Staples Singers, which have never recieved
any royalties for it. As far as I know no one owns the rights for the original
song and the lyrics were changed by the Stones, but many people feel that
The Staples Singers were ripped off and should have been compensated.

27
 The examples above strongly suggest that our freedom to develop our
culture has been diminished, and we constantly losing the control of it. I
believe that today the control over the culture is concentrated in the hands
of a group of few strong and powerful people while it is supposed to be in
the hands of the public. The small group that controls the culture has the
power and the money to extend its influence over senators, judges and even
laws, and these have become their helpful hands in obtaining an unlimited
control over products, services and ideas. I feel that the culture today is not
OUR culture; I feel that it is copyrighted culture. It is owned, registered and
trademarked, especially by media corporations and others of their kind.

When it comes to the big media companies, the issue becomes more
complicated. It is not a person we need to contact in order to get permission,
it is an organization that seeks profits and revenues. These companies are
making their money from the royalties and from selling the rights of their
creations.
Almost every form of consumer media is being touched by the long
hands of the big media corporations.
Time Warner and Disney, amongst others, own production studios for
films, television and music; publishing companies of books, graphic novels
Zohar Manor-Abel,
and magazines; online websites and software manufactures; television Corporate Connection, v2 (part),
and radio channels. On most occasions they own companies that have 2003.

28
outreach in different sectors so the works stays “in house”. They create the
media, which, most of the time, passes from one office to another, making
derivatives of the work within the company: from a novel (for instance,
Batman) - through the publishing house (DC Comics) - to the film studio
(Warner Bros.) - and to the music production (Warner Music Group) and
film distributor (Warner Bros. Pictures Distribution and Warner Home
Video). The employees and contractors of these companies, create art in
any medium or form, which are immediately subjected to the copyright
ownership of a respective corporation. These creations are then passed to
us, the consumers.
From the corporation’s point of view, the culture moves in one direction -
from them to us. We have no right to do anything with these creations, while
they become more and more important constituents of our culture.
These corporations don’t care about the culture, although they control it.
They are taking parts of our culture, remixing it, and then, not letting anyone
touch “their” creation.

I understand that every person has the right for his own property, be it
physical or intellectual, and that what is done with a property is subjected
only to the rights of the owner. However, when artistic work goes to the
public and becomes a part of the collective culture, in some aspects, this
work should belong to the public.

Mickey Mouse and Barbie are registered trademarks as well as a

copyrighted material. But from the cultural perspective they also have an
additional, broader role. They are symbols which Disney and Mattel were
trying to establish as culturally important and to make people identify
themselves with. Some people might want to use these things, which have
already become acceptable cultural symbols in different ways. Some might
even want to use them in order to criticize them and their message.
Art always looking on life as it is, always takes parts of the culture and
changing it, and as these corporate symbols are now part of the world, artists
should some right to transform them.

When everything is copyrighted – little space is left for creation.

Moreover, the creation can become theft. People who try to build upon
culture, as it has always been, without clearing copyrights beforehand, are
called pirates, and there is a great chance that they will be prosecuted.
Top: Walt Disney’s Mickey
Mouse, born 1928.
Who has the right to judge on what occasion artistic derivatives should be Bottom: Mattel’s original
authorized or shouldn’t? Barbie in swimsuit, 1959.
29
30
ree societies enable the future by
limiting the pas
Technological developments of the past ten years posed a serious Facing page and back
challenge to copyright. cover: Diana Thorneycroft,
Mouse, Boy, Dog, Man, White
With the use of the internet and the development of new technologies it Mouse, Man with Large Nose,
is easier to come by copyrighted material that artists would like to use and Graphite on paper, 2001-2.
Part of the Illegal-Art.org
to build upon. Search engines like Google and Yahoo!, P2P software like online exhibition for works
KaZaA and Lime Wire, and already built-in software like Apple’s Garage that were liable for copyright
Band and iMovie give more and more prospective creators the ability to infringement.
transform material. Until recently, these devices were hard to come by. Thus,
as technology progresses, the copyright holders are trying to prevent the use
of this work and to restrict that ability in different ways.

The Digital Millennium Copyright Act (also known as DMCA) was introduced in 1998 and restricts some of the
supposedly illegal uses of copyrighted material on digital platforms. “The act criminalizes production and dissemination of
technology that can circumvent measures taken to protect copyright, not merely infringement of copyright itself, and height-
ens the penalties for copyright infringement on the Internet.Ӡ
In addition, The DMCA unintentionally disregarding fair use and unregulated use. These uses are traditionally accepted by
the culture and are part of our society.
This means that hacking is illegal, even if the hacker is trying to secure his right of fair use or unregulated use by hacking
a device and improve it for his own use. The sharing of knowledge of hacking is illegal as well, unless it is for blocking other
hackers.
In 2004, the European Union passed the EU Copyright Directive, or EUCD, which is similar in many ways to the DMCA.

The Inducing Infringement of Copyright Act (referred to as the Induce Act or as IICA ), is a bill which was written
in 2004, and, unfortunately, might pass by the US Senate. It is intended to fight digital pirates by legally liable “whoever inten-
tionally induces any violation” of copyright law. The bill is extremely broad and could lead to prosecution of peer-to-peer
software makers, web sites, and might overturn home recording and fair use rights pioneered by the famous Betamax case of
1984. Many critics feat that certain tools used to today (such as CD ripping and burning software, as well as music players like
the iPod) could be considered to “intentionally induce” copyright violations, despite their utility for fair use purposes.‡

No Electronic Theft Act (NET Act), is an American federal law provides for criminal prosecution of individuals who
engage in copyright infringement, even when there is no monetary profit or commercial benefit from the infringement.
Maximum penalties can be three years in prison and up to $250,000 in fines.
Prior to the enactment of the NET Act in 1997, copyright infringement for a noncommercial purpose was apparently
not punishable by criminal prosecution, although noncommercial infringers could be sued in a civil action by the copyright
holder to recover damages.§

†
Wikipedia – the free encyclopedia, www.en.wikipedia.org/wiki/DMCA
‡
Wikipedia – the free encyclopedia, www.en.wikipedia.org/wiki/Induce_Act
§
Wikipedia – the free encyclopedia, www.en.wikipedia.org/wiki/NET_Act
31
 In the United States and other places, copyright is automatically attached
to the original work of authorship upon its creation. The law requires to get
permission before using a copyrighted work, unless that use is fair use. Any
uses within the reach of the exclusive rights that the copyright grants require
this permission.

These exclusive rights usually leave out a lot of uses, which are independ-
ent of the regulation of copyright. Where fair use is a privileged use of a
copyrighted work, unregulated use refers to the uses that don’t make a copy,
and thus, not infringe the copyright. For example: Reading a book or giving
that book to somebody else.
In cyberspace, this traditional balance has changed. Since every use within
the scope of digital technology produces a copy - every use needs to get
permission first, or rely on the doctrine of fair use to acquit from what oth-
erwise would be an infringement.
The need for permissions means that a person who wants to create a
derivative will need a lawyer to help him with the case.

The idea for the Creative Commons 43 was conceived by Lawrence Les- 43
www.creativecommons.
sig and Eric Eldred when Lessig represented Eldred in a case challenging org
44
the Unites States Congress’ Term Extension Act. Lessig said: “Early on, Lawrence Lessig, CC
in review: Lawrence Lessig on
he asked me whether there was a way that we could translate the energy supporting the commons, news-
that was building around his case into something positive. Not an attack letter, 6/10/2005, www.
creativecommons.org/we-
on copyright, but a way of using copyright to support, in effect, the public blog/entry/5661
domain.”44
The Creative Commons choice of licences comes and fills in a place
where lawyers are not needed. They call it a “Lawyer free zone”. The estab-
lishment of Creative Commons provided proper answers to questions like:
“What can I do if I want to share my piece?” and “How can I allow deriva-
tives or remixes of my work?”

The idea, which was based on an original concept by the Free Software
Foundation (FSF)45, was to produce simple licenses that artists, authors, 45
The Free Software
educators and researchers could use in order to give users around the world Foundation promotes the
some privileges in ways of using their works. With a Creative Commons development and use of
free softwares, www.fsf.org,
licence you can give others the privilege to use your work, or you can know www.gnu.org
if you are allowed to share or make a derivative without asking a direct per- 46
Lawrence Lessig, CC
mission from the creator. in review: Lawrence Lessig on
Lessig said that “If the default rule of copyright is “all rights reserved,” supporting the commons, news-
letter, 6/10/2005, www.
the express meaning of a Creative Commons licence is that only “some creativecommons.org/we-
rights [are] reserved.”46 blog/entry/5661
32
 The owner selects the type of copyright licence which suites him the 47
Ibid.
most, by using 4 basic components: Attribution (meaning the creator requires
attribution as a condition of using his or her creative work); NonCommercial
(meaning the creator allows only a noncommercial uses of his or her work);
No Derivatives (meaning the creator asks that the work be used as is, and not
as the basis for something else); and Share Alike (meaning any derivative you
make using the licenced work must also be released under a Share Alike
license).47
While using these options, Creative Commons are offering 6 core licenses,
all bearing a (cc) mark instead of the copyright © mark. They also included
licences to release copyrighted material into the public domain or giving
licenses similar to the original Satute of Queen Ann, of 14 plus 14 years
which they call Founder’s Copyright.
These licences do not only enable the creators to permit a certain usages
of their work, but also help the users to find out what they can do with
a specific work. The Creative Commons website, and search engines like
Google and Yahoo!, let users search for works which are registered under a
Creative Commons licence.

One of the Creative Commons’ projects is ccMixter, a community music 48

www.ccmixter.org
site, featuring remixes licenced under Creative Commons, “where you can
listen to, sample, mash-up, or interact with music in whatever way you
want”.48 A nice feature of the ccMixter website is that a user can track the
development of a song, from the original, through all its adaptations.

Flickr, is a privately owned website recently bought by Yahoo! is an online 49

www.flickr.com
photo management and sharing application that allows the set up Crea-
tive Commons licences to pictures and to share them with other people in
accordance to the proper licnece. 49

Another website which is deals with freedom of works is The Internet 50

www.archive.org
Archive. It is a non-profit organization that was founded in 1996 in order “to
build an ‘internet library’, with the purpose of offering permanent access
for researchers, historians, and scholars to historical collections that exist in
digital format.”50
The Internet Archive contains collections of texts, audio, moving-images,
software and archived web sites. They are also collecting Public Domain
material which can be digitally preserved.

33
 FreeCulture.org is an international, predominantly run by students, organi- 51
www.freeculture.org,
zation, which believes “that culture should be a two-way affair, participation, www.freeculture.org.uk
and not merely consumption.”51 It was inspired by Lawrence Lessig’s book
Free Culture and it seeks to place tools of creation and distribution, commu-
nication and collaboration in the hands of the common person through the
democratizing power of digital technology and the Internet.
One of their goals is to increase the recognition of the imbalanced con- Example for a fliar by the
Free Culture organization
trol over our culture. Another goal is to restore that balance by returning to at Brown University, USA,
the original 14+14 years copyright introduced by the Statute of Ann. 2004.

34
 I wrote this paper because I believe that creativity and
knowledge should be free.
Creativity in all fields is by necessity influenced by the past and
relies upon it. Thus, by extending the years of authorship, and
by passing harsh bills, the idea of copyright, as it is now, closes
many doors in front of contemporary artists.

The idea that we are free in our artistic creations is only a

false impression. The power and the status of the corporations
help to postpone the release of many creations into the public
domain. They extend their control on creativity and knowledge,
making them more and more unreached and further restricted to
ordinary people.
Thus, the contemporary culture and cultural resources actually
become concentrated in the hands of the corporations.

I believe that in a free modern society, everyone should have

the right for free culture, for free art and for free knowledge, as
they constitute the power and the progress of the human kind.

My work and the ideas that I have expressed here were

inspired from the contributions of various groups and people
all over the world. I hope their effort to regain our freedom will
inspire other people too.

Freedom will help to advance human progress and creativity.

Lets share our knowldege and inspiration.

35
36
ibliography

Audio:
Lessig, Lawrence, Free culture, O’Reilly open source conference, San Diego, CA, 24 July, 2002,
www.eff.org/IP/freeculture/

Books:
Lessig, Lawrence, Free culture: the nature and future of creativity, New York: Penguin Books, 2004.
www.freeculture.cc
Lessig, Lawrence, The Future of Ideas, New York: Random House, 2001.
Lupton, Ellen, Thinking with type: a critical guide for designers, writers, editors, & students, New York: Princeton
Architectural Press: 2004.
Soon: Brand of Tomorrow, A Stone Project, ed. Blackwell, Lewis and Ashworth, Chris, Laurence King Pub-
lishing: 2001.

Images
Dalí, Salvadore, One second before awakening from a dream caused by the flight of a bee around a pomegranate, (oil
on canvas 51 x 40.5 cm), 1944.
Forsythe, Tom, Land of Milk and Barbie II, (photograph), 1999.
Forsythe, Tom, Mellow Yellow, (photograph), 1999
Forsythe, Tom, Mixer fun, (photograph), 1999.
Holt, Ashley, Notmickey, (pen, paper and photocopies), 2002.
Hopper, Edward, Hotel Room, (oil on canvas, 152 x 166 cm), 1931.
Hopper, Edward, Morning Sun, (oil on canvas, 71 x 102 cm), 1952.
Hopper, Edward, Conference at Night, (oil on canvas, 70 x 102 cm), 1949.
Johnston, Simon, God ® Bless ™ America ©,, letterpress work, 1993.
Kostabi, Mark, Aesthetic Codes (Missing Pieces), (oil on canvas 46 x 61 cm), 1997.
Kostabi, Mark, Blue Oblivion, (oil on canvas, 60 x 64 cm), 1991.
Kostabi, Mark, First, Last and Security, (oil on canvas, 69 x 84 cm), 1988.
Kuznetzov, Andrey, Urmany-Ustu, 2003.
Manor-Abel, Zohar, Corporate Connection, v2 (part), 2003.
Thorneycroft, Diana , Mouse, Boy, Dog, Man, White Mouse, Man with Large Nose, (Graphite on paper),
2001-2.

37
Internet Websites:
www.archive.org
www.artlebedev.com/portfolio/illustrations/akuaku/
www.artquotes.net/artists/kostabi-interview.htm
www.ccmixter.org
www.freeculture.org
www.freeculture.org.uk
www.flickr.com
www.google.com
www.hiero.ru/project/Chebur
www.illegal-art.org
Copyright Law of the United States and Related Laws Contained in Title 17, chapter 1, section 101 of the United
States Code, www.copyright.gov/title17/
Creative Commons, www.creativecommons.org
Internet Movie Data Base, www.imdb.com
National Coalition Against Censorship, www.ncac.org/issues/foodchainbarbie.htm
Stay Free Magazine, www.stayfreemagazine.org
The Free Software Foundation, www.fsf.org, www.gnu.org
Wikipedia – the free encyclopedia, www.en.wikipedia.org

Motion Pictures:
Allen Woody, A Midsummer Night’s Sex Comedy, direction: Allen, Woody, USA: 1982.
Besson, Luc, La Femme Nikita, direction; Besson, Luc, France: 1990.
Carriére, Jean-Claude, Vigne, Daniel and Zemon Davis, Natalie, Le Retour de Martin Guerre, direction:
Vigne, Daniel, France: 1982.
Curtis, Richard and Atkinson, Rowan, The Black Adder, UK: airing: 1982-1989.
Disney, Walt and Iwerks, Ub, Steamboat Willie, direction: Disney, Walt and Iwerks, Ub, USA: 1928.
Disney, Walt and Iwerks, Ub, Plane Crazy, direction: Disney, Walt and Iwerks, Ub, USA: 1928.
Fischli, P., and Weiss, D., Der Lauf der Dinge, direction: Fischli, P., and Weiss, D., Germany: 1987.
Getchell, Robert and Seros, Alexandra, Point of No Return, direction: Badham, John, USA: 1993.
Harbaugh, Carl, Steamboat Bill, Jr., direction Reisner, Charles, USA: 1928.
Kennedy Martin, Troy, The Italian Job, direction: Collinson, Peter, UK: 1969.
McCullah, Karen and Smith, Kirsten, 10 Things I hate About You, direction: Junger, Gil, USA: 1999.
Meyer, Nicholas and Kerncham, Sarah, Sommersby, direction: Amiel, Jon, USA: 1993.
Prévert, Jacques, Le Portes de la Nuit, direction: Carné, Marcel, France: 1946.
Powers, Dona and Powers, Wayne, The Italian Job, direction: Gray, F. Gary, USA: 2002.
Robbins, Jerome and Wise, Robert, West Side Story, direction: Robbins, Jerome and Wise, Robert, USA:
1961.
Stefano, Joseph, Psycho, direction: Hitchcock, Alfred, USA: 1960.
Stefano, Joseph, Psycho, direction: Van Sant, Gus, USA: 1998.
38
Stoppard, Tom, Rosencrantz and Guildenstern are Dead, direction: Stoppard, Tom, USA: 1990.
Surnow, Joel and Cochran, Robert, La Femme Nikita, Canada, airing: 1996-2001.
Wieden and Kennedy, Cog, Honda, UK: 2002.

Music
The Beatles, White Album, 1968, UK: Apple/EMI.
Jay Z, The Black Album, 2003, USA: Roc-a-fella/Def Jam.
Jay Z, The Black Album (acappella), 2004, USA: Roc-a-fella/Def Jam.
The Rolling Stones, Out of Our Heads, 1965, US: Abkco.
The Staples Singers, This May be the Last Time, 1954, US: VeeJay.
The Verve, Urban Hymns, 1997, UK: Virgin.

Musicals:
Laurents, Arthur, West Side Story, lyrics: Sondheim, Stephen, direction: Jerome, Robbins, Winter Garden
Theatre, New York: 1952.

Periodicals
Goetz, Thomas, ‘Sample the future’, Wired, Issue 12.11, November 2004, New York: Conde-Nash Pub-
lications, 181 - 183, www.wired.com/wired/archive/12.11/sample.htm
Lessig, Lawrence, ‘Creative freedom for all’, Wired, Issue 12.11, November 2004, New York: Conde-
Nash Publications, 188-189, www.wired.com/wired/archive/12.11/larry.html?pg=2
Silberman, Amichai, Identity=Identity?, Kaveret (Beehive), journal of the department of behavioral sciences,
No. 11 (August), 2005, Rishon le Tzion: The College of Management.
Steuer, Eric, ‘The remix masters (14)’, Wired, Issue 12.11, November 2004, New York: Conde-Nash
Publications, 198, www.wired.com/wired/archive/12.11/beastie.html?pg=4&

Software
New Oxford American dictionary, 2nd edition, Dictionary 1.0, Apple Computers, 2005.

Weblogs:
Jassin, Lloyd J., Fair use in a nutshell: a roadmap to copyright’s most important exception,
www.copylaw.com/new_articles/fairuse.html
Lessig, Lawrence, CC in review: Lawrence Lessig on supporting the commons, newsletter, 6/10/2005,
www.creativecommons.org/weblog/entry/5661
Phillips, Jeremy, and Simon, Ilanah, IP Kat weblog,
http://ipkitten.blogspot.com/2003/07/ipkat-visits-ica.html

39
40
41
42