I'd have thought that if you couldn't sell it for your own profit, giving it away in such an exchange scenario would also be on the darker side of grey.

Hmm. So a closer analogy would be a remix using parts of the song?

Closer, but as Rivka has noted, there's still a good argument to be made that paragraphs from a Harry Potter novel are more protected than the idea of "the Potterverse" in which you might tell stories. You're still using someone else's actual physical production in a remix.

Also, if we are going to use it as an analogy, you have to stipulate that the remix is available for free download to all REGARDLESS of whether they paid the remixer to do the work. It's not a true exchange scenario.

I tend to agree with Rivka there's a lot of grey area. No court has spoken on this direct issue yet.

However, in this particular instance, the recipients of the funds don't appear to know that the funds are transferred in exchange for production of derivative work without the copyright-holder's approval. I think this is problematic, and could cause problems for the recipients.

And yes we can quibble about "exchange". I think that's what it is. t shrugs

Well, I know that rap has tied itself in knots over the issue of sampling music without paying the original composers. Mostly, it was yammer-lawsuit-settle, and the rap artist paid the [probably disco] composer a fee, and damages. The rap artist (and his production company) is making a profit, but even if he isn't, the lawsuit is still legitimate, right?

The problem is the lack of actual cases going to court in fannish copyright law -- it's all up in the air, formally speaking. But the only way to define the limit of the law is to prance around trying to break it, and the people who do break it get to pay money.

And really, does anybody want to pay 21th Century Fox, e.g., money? I mean, more than we already do when we buy the CD/DVD/tie-in book?

Just to refresh my memory -- VividCon! As in, who's going, again?

t raises one hand

t raises both hands

t starts dancing around the room, hands waving in the air

Uhm, yeah. I'm kind of psyched about going. My first con evah! Wheee!

And Dana, yes? And Micole was considering it, I think?

I'm kind of psyched about going. My first con evah!

Really? Wow. It's been so long since my first con... But the good thing is that VividCon is small, it's fascinating, it's eye-candy and brain-candy, and there are hours of vids to watch even if you don't know anyone. (But you've got Buffistas coming, so you don't need to worry about that. Seriously.)

I had a great time last year even though I went at the last minute. And the premiere show broke my brain, it was so good.

And Dana, yes?

Oh yes. She's the one who poked me into remembering that we had to make travel arrangements. However, I'm not letting Dana poke me into bringing down quite as much stuff as I brought to the first Buffista F2F.

However, I'm not letting Dana poke me into bringing down quite as much stuff as I brought to the first Buffista F2F.

I just suggested a VCR. I didn't know our room would become Viewing Central.

But hey, the hotel rooms have VCRs, so we're covered.

That sounds really fun. I'm jealous. Um, where and when is it?