And million dollars in chairty? Ha!
But then there is always good 'ol Fair use which saves the day by emphasizing that it's really not about who or what, but simply how and why.
Yoko Ono sued Premise Media Corp for having used the song "Imagine" without the proper license in their movie Expelled: No Intelligence Allowed. EMI's motion claims harm to its inability to license the song and filed the motion in the NY State Court. Premise's reply claims protection under Fair Use and First Amendment safeguards.
Professor Tim Wu from Columbia Law referred to the disallowance of a 30 seconds clip as fair use being an evidence of copyright law becoming a "censorship law". WSJ. com also stated that Judge Lowe seemed a bit skeptical with Falzone's response of "a specific emotional response" being a better trigger as opposed to lyrics being sung or 'flashed' on the screen.
The reply states that "It was not necessary for Jeff Koons to use the legs and feet from Andrea Blanch's photograph. He could have simply drawn a pair of women's legs and feet from scratch. "
I have to say I agree.
For any form of Art to be appreciated, the threshold is usually dependant on the effect it has on the viewers mind. Take for instance movies or books. A good movie transports you into another world, making you but a mere pair of eyes who at the expense of the director experieneces moments of joy, laughter or pain. Books are a step further. One is not even limited by what the eyes sees, but only one's imagination. Effect.
If effect is integral for an artist to render his expression, shouldn't the use of that particular effect be necessary to have the adequate parodying effect?
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