I just finished reading a fantastic article by Lawrence Lessig. If you have ever posted anything to YouTube, or any other place on the web, you should read this article too. I have never posted anything to YouTube. But I have posted videos to my blog and other portals in the past. I have avoided using any music in them for exactly the reasons discussed in the article. I just never have wanted to fight that battle if it ever came down to it. There are thousands, if not hundreds of thousands of others who have borrowed from others to create something new though. Spend 30 minutes on YouTube and you will run across scores of postings that range from downright copyright infringement to completely new works that simply build upon a previous artists.
IMO - This article should be read by everyone and then sent to every government official you can think of. The existing laws need to be updated to modern times. Digital technology has changed the game and will continue to do so. The law needs to adapt and modernize and it should be changed now before it is forced to change by the quantity of material that will be out there. For every one video asked to be taken down from a YouTube, there are countless others that surface on lesser known sites. Eventually a precedent will be set in that there is already so much out that that enforcement will be impossible (it is on the verge of being impossible to enforce now).
The law will change. It should be changed willfully and with thought. That thinking needs to start now.
I just read the article and I fully agree. There is obviously a difference between Piracy and Parody or even in this case just a good old fashioned home video.
It is true, the rights of the artist should be respected. But let's also remember (I personally think what happened to the lady in question was ridiculous) that it is the FANS that keeps these artists going.
Use Metallica as an example when you make your fans angry. It blows up in your face. The industry is changing. The laws are archaic and based upon an older style of broadcasting which in itself changing (Ever heard of XMradio?)
Is there a perfect solution? Probably not, but you're right, the law needs to be re-examined.
And technically, I think what happened on her thing in some states could have been classified as parody.
I guess we can't erase the lines, the rights of the artist have to be respected to a certain degree but if that goes through, that's a VERY dangerous precedent. That means if I show a video of something in the park and somebody drives by playing a song in their car, I am liable for the music in that video because it was picked up on tape?