So the public keeps telling me to do merch, I keep getting offers, and entertainment companies, managers and lawyers never respond to my requests to work with them. Indirectly, by qualifying her film for an Oscar with a commercial release, she stands to gain in terms of recognition and payment for future projects she may be hired for as a result of this film being officially recognized through the Academy system – a system within which all the other candidates played by the rules. I might argue that *most* concerts I’ve been to have had at least one song performed not original to that band. I believe Mozart did something similar when he wasn’t allowed show people dancing on stage while music was being played. In any event, it is inarguable that Ms. Paley’s right of free expression was not infringed in any way. Not to protect corporations. Famed film critic Roger Ebert has raved about it. Had she not poached, and sought a deal prior she may well have got it for far less than the gunpoint $50,000 had she but asked. Some of the later strips were written by Ian Akin. I believe it to have a broad definition encompassing the right to control the use of a work owned by the copyright holder. This website uses cookies to improve your experience while you navigate through the website. As far as copyright law not being “use it or lose it,” you’re demonstrating a naivete, if you will, about trial law and precedent. That company won’t let them use it–either they disagree with how it will be used, or they’re holding out for more cash, or it’s not worth their bother. I find the title of this article disingenuous. And she did make the film. Nina has every right as an artist to listen to that music, draw inspiration from it, even incorporate it into her work. Toxic manufacturing? There are probably dozens of independent music clearance folk out there who would have been happy to help Nina clear the songs — and likely would have been able to secure better fees than those by Greenberg-Traurig. Sita Sings The Blues has been nominated for a “One To Watch” Spirit award and won a Gotham “Best Film Not Playing at a Theater Near You” award, as well as “Best American Feature” at the Avignon Film Festival, “Best Feature” at the Annency Animation Festival, and a Special Mention at the Berlinale. But you may not be the only one in the profit picture. Color.) Re-recording would have done no good; Annette Hanshaw’s voice is already public domain everywhere in the world except New York. Comments are closed, but trackbacks and pingbacks are open. Or…? Nina Paley est une dessinatrice et animatrice américaine née le 3 mai 1968 à Urbana dans l'État de l'Illinois aux États-Unis. Another artist is inspired by your music and wants to use it. But once again it serves as a reminder to new filmmakers to follow the rules or you will get burned. I’m unsympathetic to the claim that copyright holders have a monopoly on their copyrighted works. Music supervisors and professional clearance people deal with the publishers and record companies on a daily basis and have deep personal relationships which may make it easier (and definitely cheaper) to secure music licenses for indie projects. As Nina says in the interview, incorporating those particular recordings was part of her inspiration. Another example is “Pretty Woman” by Roy Orbison. No one told her she couldn’t. Intellectual property exists to protect big companies and they do not truly serve to protect the authors and artists of this world. Some famous photographers spend a huge amount of time just tracking down photos. Otherwise, you end up losing important cultural artifacts These companies will rarely respond if I write about producing a t-shirt with my photos of their clients. 🙁, Incidentally, I’ve written a highly-original novel that has had nothing but praise, but can’t get noticed because it’s not similar enough to anything else. In the last few years, I’ve watched QCO Artist-in-Residence Nina Paley refine her message about the harm of copyright and permission culture. Since it would be possible to sell the soundtrack for, like, a dollar a disc/recording… how about if you sold the sound and video seperately and added a link to software that can be used to join mp3 (or whatever) sound with AVI (or whatever) video. The upshot is that Nina’s artistic voice was not silenced, she was able to make and show her film using the music she chose. Thank goodness I kept receipts from years ago and have been published enough there is never a question of ownership. Guess what, if she had approached them prior to filming it probably would have been $50k. Thanks to Disney, we are all robbed of our cultural history. Anyway. I can’t believe that the publishers need to charge this much. If she didn’t like the cost, she could have looked for other songs to use, instead of pushing ahead with her work regardless. The second thing to do is to limit corporate power. You’re diminishing the suffering of people under those laws by comparing them to the situation Nina is facing. Can I use her animation for free to use in a video of my music? Copyright was only invented in the early eighteenth century, and primarily to support and regulate the printing industry (to ensure a sustainable distribution mechanism for printed material), not to support artists, which it doesn’t do a very good job of anyway. There are, quite literally, hundreds of thousands, perhaps millions, of extant songs, both under and out of copyright; there are innumerable toys to play with on this playground. Unless I were to release product. [1] Hon regisserade och animerade långfilmen Sita Sings the Blues och har tecknat en rad olika dagsstrippserier, som Nina's Adventures och Fluff.. Seder-Masochism A new animated feature from the creator of Sita Sings the Blues We are ALL artists, we have more power than we use. The justification for copyright laws are generally BS (illegal downloads really aren’t hurting artists, except maybe Metallica). The fact is that while Ms. Paley might not receive a direct financial benefit from distributing this particular work for free, she is unquestionably receiving attention as a result, attention to her work and and attention to herself as an artist. basis of copyright is if its not your property, its is someone elses. Most photographers get $50-200 per photo for print, DVDs, etc. I commissioned a chalk drawing which I later lost possession of; it was then rescued (thank goodness!) I have a friend who works at Universal Music Group. I stand up all the time and I do prevail. Nina Paley and Smári McCarthy during the "Free Culture" talks at Swatantra 2014.JPG 4,732 × 3,134; 6.78 MB Nina Paley Chiaroscuro.jpg 1,516 × 1,808; 249 KB Nina Paley … "She also worked on the animated movie, "The Prophet" and she is … FREEING FILM: Filmmaker Nina Paley poses for a photo. They would probably made alot more money, and at the same time set a precedence for new artists. The public? I never said this was equal in human suffering to Jim Crow laws, I was merely making the point that just because something is a law does not mean it is right. Thanks to: Nina Paley for interviewing and for editing help; the Software Freedom Law Center for space and for logistical support; Light House Films for camera work, etc. Just like global war? More on intellectual property and innovation: http://vforvoluntary.com/library/1/econ/articles-videos/7/intellectual-property-and-innovationSita Sings the Blueshttp://www.sitasingstheblues.com/Mimi and Eunicehttp://mimiandeunice.com/QuestionCopyright.org - A clearinghouse for new ideas about copyright.http://questioncopyright.org/Center for the Study of Innovative Freedom - Pro-Commerce \u0026 Anti-Monopolyhttp://c4sif.org/Video taken from:http://www.youtube.com/watch?v=fu0Rjhu8gq4March 25, 2011Agora I/O - The Agorist Unconferencehttp://agora.io/etienne/AGORA I/O - CREATIVE COMMONS PUBLIC DOMAIN DEDICATION - ZERO 1.0 Now … She was the artist and often the writer of the comic strips Nina's Adventures and Fluff, but most of her recent work has been in animation. Way back in the 70’s, everyone would “copy” songs off of the radio onto cassettes, and copy other peoples cassettes, and there was no issue. If someone else came along later and wanted to use her film as a basis for a new audiovisual work (assuming the music issue was resolved), would she let them use it for free? Nina may not profit personally from such an arrangement, of course, but someone (i.e., the distributor) will. bakom den Creative Commons-distribuerade "Sita sings the Blues".. Externa länkar. Create Make social videos in an instant: use custom templates to tell the right story for your business. Copies of Paley’s feature length film are available on Archive.org, LegalTorrents, and various other sites in many different formats. He just showed the silent dancing. As Nina says in the interview, incorporating those particular recordings was part of her inspiration. No. It’s entirely a subjective argument. Ebert, I’m betting, has more pull in some influential artistic/media circles than this blog (no offense) and he seems to have your ear…. “filesharing”) may be hurting the music industry, but it’s not hurting music itself at all. Enterprise . After pouring three years of her life into making the film, and having great success with audiences at festival screenings, she now can’t distribute it, because of music licensing issues: the film uses songs recorded in the late 1920’s by singer Annette Hanshaw, and although the recordings are out of copyright, the compositions themselves are still restricted. 2 talking about this. After that, we’ll see what happens. On the other hand, the current copyright regime is basically ridiculous, and Nina Paley might be right when she says that civil disobedience is the only workable solution. Nina Paley and Smári McCarthy during the "Free Culture" talks at Swatantra 2014.JPG 4,732 × 3,134; 6.78 MB Nina Paley Chiaroscuro.jpg 1,516 × 1,808; 249 KB Nina Paley signature (cropped).jpg 1,115 × 561; 51 KB Copyright notice: These web pages are devoted to questioning the idea that copyright is necessary for the promotion of creative expression. Therefore, the only reason the corporation is charging that much is because they have that monopoly. I commissioned a chalk drawing which I later lost possession of; it was then rescued (thank goodness!) Idealistically — I think that we have lost sight of the fact that there is a “cultural literacy” aspect to all this. English: Nina Paley, born in 1968, is an American artist, animator, and writer. Nina Paley (3 de maio de 1968) é uma cartunista, animadora e ativista de cultura livre estadunidense.Ela dirigiu a animação Sita Canta el Blues. But I could have credited far more. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features The copyright holders? You say you’re a musician. That’s not unjust. After thinking about it, it seems in a basic sense we’re quibbling over the definition of the word “copyright”. Every five years or so she re-appears with new creations, and I’m proud that I was acquainted with her “back when”. She’s lucky; if I found out someone had willingly ripped me off and then was coming to me to cut a deal, I’d probably be less forgiving than if they’d come to me prior to filming. This wouldn’t get around the cinema “releasability”, but perhaps you could convince a cinema in LA to show it for a week with no sound and sell (or give away) recordings of the soundtrack outside. Value is money. Legos? Maybe you could hire these out too at cinemas. Finally, the assertion that the big publishers are “cutting off their nose(s) to spite their face” is a misunderstanding of the dynamic at work. Among major human art forms, only cinema was invented after copyright (I include television in cinema, but anyway television has historically been funded by advertising rather than royalties). Seriously, think about it: what does derivativeness or originality have to do with the quality of the art? TCLP 2010-02-24 Interview: Nina Paley This is a feature cast, an episode of The Command Line Podcast. Maybe you’ve done the research to conclude that the copyright holder is an evil corporation – then negotiate, but every artist’s work should be free? The people who own the intellectual property have the right to demand payment for its use outside of “fair use,” and apparently they have made the demand. In addition, there are many easy to find music libraries and indie musicians who specifically create sound-alikes and genre melodies for film/television/advertising use which may be licensed for pennies compared to more recognizable alternatives. I spotted Nina as a unique talent at just about the time she graduated from high school. This benefit may be intangible (perhaps worthless) now, but it has a substantial upside when it comes to her subsequent works: she will benefit from the exposure of this film by building an audience of fans who will undoubtedly pay for her work in the future. Once your film is out there using uncleared music the filmmaker is completely at their mercy. It’s the one thing that unifies all of us, and we are being robbed of it. Create Make social videos in an instant: use custom templates to tell the right story for your business. (2009-12-16: she eventually did pay them off, and then released the film under a free license. Plus my work is not credited, because fans see the work, tell me, I negotiate for payment, but too late for credit. A good example is “Unchained Melody” by the Righteous Brothers. No. Thank goodness fans write me about my photos, because I don’t have time to track down all the illegal usage, some from MAJOR companies who know better. The third thing is to rewrite copyright laws so they promote rather than stifle creativity. To subsidize the already over-subsidized arms race of marketing budgets? then waiting for repayment after the artist releases her film commercially…. by Stephan Kinsella. July 11, 2010 by admin 17 comments on "Electronic Frontier Foundation celebrates 20 years with new animation from Nina Paley." A megahit again in the 1990s. ? Considering they’re not getting anything other than festival fees… No. Foi la creadora y n'ocasiones la escritora de les tires de cómic Les aventures de Nina y Fluff, pero la … As a gimmick alone -and as a show of solidarity, not to mention the thrill of rebelliousness it would be a great draw. Right now we’re concentrating on getting the rights (excuse me, “restrictions”) cleared so Sita can be distributed. Weapons? A megahit in the 1960s. Nina Carolyn Paley[1] (born May 3, 1968) is an American cartoonist, animator, and free culture activist. How do you build the next one? In effect, music publishers do not make any money off festival licenses (or if they do, it’s a nominal profit). You just failed to abide by its rules. The singer of the music? So it goes. Honor the rules in effect when the work was made. It’s why I won’t leave my photos to the Smithsonian or a major photo agency. …I’m not sure if I should be offended or embarrassed. For example, Metallica alienated many “fans” by going after the people (who probably purchased at least some of their music), instead of going after the corporations that take most of the profits. Screened at 150 film festivals, Sita won 35 international awards and even earned a rave review from Roger Ebert . I guess the musician in me should in turn believe that visual mediums are free. It’s the combination of whom I shot and my talent which results in some of my photos being very famous. It doesn’t work that way. To tell her — as many people did — to simply use different music would have been like telling her not to do the film at all. Either the filmmaker was incredibly naive, to think that she could use other people’s IP without paying for it, or she thought they were going to give it away to her because she made a wonderful film. You can buy a DVD, or download it online. That’s insane in this economy and time of so much free music. Unavailable equals abandoned — revert to public domain. The full interview can also be played at the Internet Archive, and you can download it from there in a variety of formats. Let’s stop solving a problem that isn’t there and start addressing the one that is. No. Most photographers throw up their hands and give up. In fact, most of the most famous rock photographers have archives worth less than $220,000. as bad people who poach, Every day you steal someone elses energy I just don’t get it. Nina is a champion of free culture, and all her latest works are available for you to enjoy and remix, free of charge and free-as-in-freedom. Distribution channels will want to make a profit, including the theaters that show the film. We quote one another, we allude to other people’s creative works, all the time. Even if her work is to be distributed for free, she is still indisputably exploiting existing copyrights. Best way to avoid it: all original music. and it rightfully hangs in the Paley Nina Paley (Urbana, AEB, 1968ko maiatzaren 3a) estatubatuar marrazkilaria eta animatzailea da, feminista erradikala[1] eta kultura askearen aldeko aktibista. Again, hooray for free culture! They will and have used my work and some given me a VERY hard time regarding paying me. But what about something so long gone? Sita Sings the Blues is a 2008 American animated musical romantic comedy-drama film written, directed, produced and animated by American artist Nina Paley.It intersperses events from the Ramayana, light-hearted but knowledgeable discussion of historical background by a trio of Indian shadow puppets, musical interludes voiced with tracks by Annette Hanshaw and scenes from the artist's own life. Nina Paley, Director: Sita Sings the Blues. And that’s part of her point: artists “internalize the permission culture”, which in turn affects the kinds of art they make. If anyone is to be blamed in this sad situation it is her, not the song owners. 😉. You’re right about the filmmaker maybe going a different route with the music to start out with…but it is an indie filmmaker doing it on her own. Also, as another replier pointed out, musicians do covers of other musicians’ work *all the time* at concerts. Which is great, and more achievable, but it makes you wonder about what kind of greed determined their original price. They bragged about all these companies, all this music. It’s inane the copyright was extended, there’s a reason for the 75 year limit in the constitution, it shouldn’t have even been allowed to be extended.But what Nina should have realized is this: Artists don’t make money. I cried while reading text about “unheard music,” music that is lost to us. But not every song is owned by a conglomerate such as Warner/Chappell. We have a world-wide copying and remixing machine; let’s stop being shy about using it. Secondly, why is the licensing fee for 80-year-old music up in the hundreds of thousands of dollars range? Therefore, our content is released to the public and can be considered to be in the public domain: you may copy, share, excerpt, modify, and distribute modified versions of this and other pages from QuestionCopyright.org. Inspiration can come from anywhere, and woe is the artist who ignores her muse. My sadness is this is something the public doesn’t know about or feel hopeless to change. The feature this week is an interview with cartoonist and animator, Nina Paley, creator As someone who has worked in the business of licensing music for film and television projects for some time (not on the publishing/recording side, but on the side of filmmakers, many of them independent like Nina), I take strong exception to Nina’s argument that her situation is unfair. Talented animator, writer and producer Nina Paley has freely released her animated film, Sita Sings the Blues under our copyleft license, Attribution-ShareAlike. Oh, and yes, not all of us are willing to give up the rights to our works in order for more people to see them. I am curious, why not distribute the film in a country without an extended term of copyright, and for which the music is therefore in the public domain such as Canada? All of Paley’s animation and images will be free for anyone to use however they wish; however the music will continue to be controlled by its copyright holders. But the film remains undistributable as of this writing; Nina is trying to work out an arrangement with the holders of the monopolies on the music that inspired her. That’s their prerogative. That’s not inhumane. The movie made the song a hit a second time. One way or another, tickets will be bought and money will exchange hands. That’s an interesting solution, and we’ll talk to our lawyer(s) about it. In all sincerity, best wishes. I reject the idea that ideas can be owned. Copying Is Not Theft: Against Copyright Tyranny (by Nina Paley) All Beethoven's work is in the Public Domain. Who has time for that? Copyright laws simply protect copyright holders from unlicensed and unapproved copying — or use, if you will — of their works by someone else for that other person’s commercial use or public exhibition. I am a former IP lawyer and have real problems with people using material they shouldn’t (in my view). After this interview, Nina joined QuestionCopyright.org as Artist-in-Residence, and is now working on the Minute Memes project as well as on the free distribution model of her film. The almost-totally-complete archive of Nina Paley's Nina's Adventures comic strips, 1988-1999, updated with Free Culture "Copyheart" notices: " by Nina Paley… How about I take her film and put my own music to it and sell it? Doesn’t matter who’s singing ’em, or who records ’em. Nina Paley was born on May 3, 1968 in Champaign, Illinois, USA. You can buy a DVD, or download it online. Copying is part of what makes us civilized. Just like Nina might not be thrilled with someone copying her film and using it for self benefit without her consent, so should she realize that intellectual property rights extend to the people who own the IP she is looking to use so freely and without remuneration. But here’s how I’ve addressed these issues. But the film remains undistributable as of this writing; Nina is trying to work out an arrangement with the holders of the monopolies on the music that inspired her. The line is drawn when she attempts to profit from such work, and like it or not, seeking distribution equals attempting to profit. Plus MANY corporations/businesses, large and small, think NOTHING of licensing a TV show or re-releasing a CD and NEVER try to find out who took photos within those projects. Even if the film were commercial, she’d hardly make a dime on it anyway, barely enough to recoup her losses. Vi skulle vilja visa dig en beskrivning här men webbplatsen du tittar på tillåter inte detta. Paley has no plans to pursue commercial distribution for Seder-Masochism. And everything that I do now is The reason there is a “substantial amount of paperwork” is that these mega-publishers administer many thousands of copyrights and thus employ dozens upon dozens of people in various departments to track royalties, process licenses, etc. To the extent possible under law, Nina Paley has waived all copyright and related or neighboring rights to Sita Sings the Blues.This work is published from: United States. My whole archive, tens of thousands of very valuable historical photos, many world-famous for over 33 years, isn’t worth $220,000. If the asking price for something you wanted was $10,000, and then the price went down to $2,000, wouldn’t you be a bit peeved about their gall in asking for the original amount? It’s not only disingenuous, it’s borderline insulting. Congress retroactively and unilaterally changed the deal to please Disney — weaseled out of our original bargain, bribed to strip us of our own culture. There are many indie publishers more than happy to work with filmmakers in a variety of creative ways such as step deals and contingency deals that minimize the up-front licensing costs. Alors qu'elle est largement connue comme artiste et souvent en tant qu'auteur de Nina's Adventures, Fluff et The Hots, ses récentes productions sont du domaine de l'animation notamment Sita Sings the Blues (Sita chante le blues). Has no plans to pursue commercial distribution for Seder-Masochism consequences of current copyright law isn ’ know! 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