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Source link: http://archive.mises.org/16358/friday-cover-no-way-does-ip-allow-this/

Friday Cover: No Way Does IP Allow This (and this, and this…)

April 8, 2011 by

But when it is fun, no one cares. Update: it’s all over the news that the IP struggles have begun between Black and her producers, and then it will spin out from there, to iTunes and beyond. And thus does commercial joy turn to legal wrangling and suffering.

The original infamous video that launched a thousand parodies:

This one commits multiple IP violations all at once (despite George Lucas’ death grip on his IP empire):

Giant mashup of cultural icons on late night television:

Not even Hitler is safe from the menace:

{ 31 comments }

HL April 4, 2011 at 9:29 pm

Two great videos, but dare I say Friday is when the youngin’s should be looking forward to starting the weekend of WORK on the farm, at the house or at their JOB? “Partying” is for losers (and geniuses like Sheen).

Marco Polo April 4, 2011 at 9:43 pm

Well I’m sure they paid their royalties like good little boys and girls. I mean, the alternative is too horrid to contemplate. And that Mr. Colbert is such a nice man.

Steve M April 4, 2011 at 9:48 pm

Seems obvious that it’s parody to me, even if the lyrics and melody weren’t changed. Or is that the main issue?

Franklin April 8, 2011 at 3:16 pm

I actually thought the original was parody enough.

RFN April 8, 2011 at 7:29 pm

My 12 year old thinks the original is godawful. I defer to her judgement on such matters.

Joseph K April 4, 2011 at 11:52 pm

I’m sure NBC paid royalties, since I’m sure the last thing they want is to get into legal troubles with that powerful behemoth Ark Music Factory. But seriously, the interesting thing about all the parodies of Friday is that they turn what’s been an almost universally derided song, into something that’s just plain awesome. If Ark Music Factory or Rebecca Black had been zealous and tried to shut down all of these covers, parodies and tributes, she’d have been quickly forgotten. But now, thanks to all of that infringement on her IP, she’s gotten tons of attention, and she’s making probably tens of thousands of dollars, in just the few weeks since it’s been released. Another triumph for IP law.

John James April 5, 2011 at 3:45 am

If Ark Music Factory or Rebecca Black had been zealous and tried to shut down all of these covers, parodies and tributes, she’d have been quickly forgotten. But now, thanks to all of that infringement on her IP, she’s gotten tons of attention…

I’m sorry…parody is a violation of IP?

Anti-IP Libertarian April 5, 2011 at 3:00 pm

According to a fictional consistent and logical IP theory it has to be. Nevertheless statutory IP laws do not have to be based on such a theory…

Wildberry April 5, 2011 at 3:06 pm

Just make it up as you go along. That is enlightening for all of us.

Anti-IP Libertarian April 5, 2011 at 3:26 pm

Oh so you support statutory laws and therefore IP regulations by the state?

John James April 8, 2011 at 1:27 pm

IP laws do not have to be based on such a theory…

Bingo. So the parodies don’t violate the law. And again, I wouldn’t be surprised if NBC paid royalties anyway.

Matthew Swaringen April 9, 2011 at 1:10 am

If so then one should at least have a notion of which rules are beneficial and which are not. So since you speak in defense of parody here… what’s the problem with allowing other writers to write a sequel without permission, or use the characters in an alternate universe?

And how do you prove some of these rules are beneficial moreso than others? Isn’t parody insulting to some? Perhaps some authors won’t write if they know their work will be parodied. So maybe we should get rid of the parody rule?

John James April 10, 2011 at 11:36 pm

If so then one should at least have a notion of which rules are beneficial and which are not.

You want to try to prove IP promotes, retards, or has zero affect on innovation? Many others have tried. And I doubt you’re any smarter than them.

what’s the problem with allowing other writers to write a sequel without permission, or use the characters in an alternate universe?

Nothing.

And how do you prove some of these rules are beneficial moreso than others?

Uh…wasn’t it just you who said “one should at least have a notion of which rules are beneficial and which are not”?

Shay April 9, 2011 at 9:04 am

Ark Music Factory: That’s a nice parody you have there. It’d be terrible we sued you anyway…

J. Murray April 5, 2011 at 4:49 am

“If Ark Music Factory or Rebecca Black had been zealous and tried to shut down all of these covers, parodies and tributes, she’d have been quickly forgotten.”

Heh, not really. You haven’t been on the Internet for very long. The insults and parodies would only intensify if they attempted to shut down the YouTube accounts and sites.

Jkillz April 5, 2011 at 2:14 am

Et tu, Mises Institute? Might I find no refuge from this song?

On the other hand, the Colbert/Fallon version is hilarious.

Jkillz April 8, 2011 at 8:10 pm

Okay. Whatever animosity I felt toward that song is now ameliorated by the Star Wars parody.

vonMoses April 5, 2011 at 4:28 am

Ha! So very true – when money isn’t involved no one cares about IP.

Dick Fox April 5, 2011 at 8:06 am

I believe Supreme Court decisions concerning 2 Live Crew established that parody does not fall under the IP violation principle. Of course their ruling made IP totally subjective in enforcement so IP is essentially a government tool to beat others over the head if they want to or reward their friends if they want to.

Seattle April 5, 2011 at 11:25 am

In other words, it’s exactly like any other piece of legislation.

Aroldo April 5, 2011 at 11:53 am

only Jeffrey Tucker would upload this.

ps.ZOMG cover versions!!! such things they invent these days huh.. I guess IP is doomed

Anti-IP Libertarian April 5, 2011 at 3:04 pm

Watching this youtube clip I got another question: What are 10 year old kids doing in that convertible? And they are even driving it? Suspension of disbelief only goes so far.

J. Murray April 5, 2011 at 6:57 pm
Franklin April 8, 2011 at 4:08 pm

Needed a chuckle today. That was very funny.

Artisan April 9, 2011 at 2:54 am

“The original infamous video that launched a thousand parodies”

I’ve no clue why that is (and maybe that’s precisely the point) but… one cannot say all this easy-copying wouldn’t spur creativity.

Artisan April 9, 2011 at 3:24 am

One more thing: all these spoofed stars do upload their video officially for everyone to see them for free in the first place now… the times when you had to pay for hit recordings really seem to be over. Go figure. Times really have changed.

davidjz April 9, 2011 at 7:41 am

Best cover I have seen from a YouTube songwriter Nicepeter Very talented guy.

Shay April 9, 2011 at 9:21 am

Indeed, their rendition is actually musically pleasing and soothing, and their clear singing shows how utterly inane the words are are. I love watching the singer (peter) almost crack up laughing during some of the repeating words. Thanks for linking this!

Sarah April 9, 2011 at 12:45 pm

As a I am something of cultural cripple, that was my first (and second…) exposure to that song. There’s something very powerful in the rhythmic repetition of an idea. Now even I’m looking forward to the rebellion!

Anonymous April 10, 2011 at 8:59 am

I haven’t watched that (reportedly awful) video, but why is it being posted on here constantly? I must have seen this video on the Mises Institute and LRC sites around a dozen times by now. I’m sure that these “viral videos” are a few weeks old (and beginning to be forgotten about by their target audience) by the time they start showing up on here.

Ohhh Henry April 10, 2011 at 3:05 pm

Coming soon … a new parody … “Hitler discovers he’s no longer the most ridiculed and parodied meme on the internet”

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