Comments on: Forget About Being Taped… http://madisonian.net/2006/09/06/forget-about-being-taped/ a blog about law, tech, culture, and related things Sat, 11 Feb 2012 02:59:42 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Mike Madison http://madisonian.net/2006/09/06/forget-about-being-taped/comment-page-1/#comment-74534 Mike Madison Thu, 07 Sep 2006 02:25:18 +0000 http://madisonian.net/?p=783#comment-74534 I think that Frank is on to something in distinguishing between performances and recordings, though I'm not as sure that there's a *principled* line to be drawn. The *conceptual* line is that there is an unmistakeable and distinctive spatial element to the performance, and recording and distributing all or some of the performance disturbs that spatiality. How much *legal* weight that observation should carry isn't clear to me, but I think that it's an important observation. We live in a 3D (and sometimes 4 and more D) world, but law is usually a 2D domain. So real world spatiality is often underappreciated as a feature of both IP and privacy law. For more, read <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=898260" rel="nofollow">Julie Cohen's recent work.</a> Update: And along the same lines, take a look at <a href="http://tushnet.blogspot.com/2006/09/i-always-feel-like-somebodys-watching.html">this post by Rebecca Tushnet.< /a></a> I think that Frank is on to something in distinguishing between performances and recordings, though I’m not as sure that there’s a *principled* line to be drawn. The *conceptual* line is that there is an unmistakeable and distinctive spatial element to the performance, and recording and distributing all or some of the performance disturbs that spatiality. How much *legal* weight that observation should carry isn’t clear to me, but I think that it’s an important observation. We live in a 3D (and sometimes 4 and more D) world, but law is usually a 2D domain. So real world spatiality is often underappreciated as a feature of both IP and privacy law. For more, read Julie Cohen’s recent work.

Update: And along the same lines, take a look at this post by Rebecca Tushnet.< /a>

]]> By: Dave! http://madisonian.net/2006/09/06/forget-about-being-taped/comment-page-1/#comment-74485 Dave! Thu, 07 Sep 2006 00:24:12 +0000 http://madisonian.net/?p=783#comment-74485 Well, I think those students are being very disrespectful and it's not something I thing they *should* do... ...but... if the University owns the content of the lecture, and allows the students to record it, why can't they You Tube parts as parody or clips as fair use? It would seem if they shared the whole video, there would be a clear copyright violation. But if they just share a clip--couldn't it fall under fair use (depending on length, etc, obviously). And if they manipulate it into parody, isn't that protected under the 1st Amendment? I'm sure many performers (artists, musicians, etc.) would love to never have their work taken out of context and parodied, but we allow that. Why is this different? I think there might be an IP problem with this sort of thing, but privacy? Again, what is the real expectation of privacy in a lecture hall with 150 students? Well, I think those students are being very disrespectful and it’s not something I thing they *should* do…

…but… if the University owns the content of the lecture, and allows the students to record it, why can’t they You Tube parts as parody or clips as fair use? It would seem if they shared the whole video, there would be a clear copyright violation. But if they just share a clip–couldn’t it fall under fair use (depending on length, etc, obviously). And if they manipulate it into parody, isn’t that protected under the 1st Amendment?

I’m sure many performers (artists, musicians, etc.) would love to never have their work taken out of context and parodied, but we allow that. Why is this different?

I think there might be an IP problem with this sort of thing, but privacy? Again, what is the real expectation of privacy in a lecture hall with 150 students?

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