Sad Kermit

I went to the O’Reilly E-Tech conference this week. There was one open debate at the EFF Pioneer Awards and many discussions with people at the forefront of the copyright issue and the line between fair use and infringement.

Sad Kermit is a good example of the question. This is obviously a great piece of expressive art and works at many different levels. However it could also be labeled infringement because it is not authorized by Disney and they could go as far as saying that it tarnishes the image of one of their most valuable characters. There is something artistic and creative here that needs to be protected somehow. How do we allow art projects and fair use while protecting the copyright? I think this site strikes a balance by not providing merchandise and not profiting, but is the artist entitled to something if you are moved by the art? Street musicians don’t pay ASCAP, would it be ok for this site to put up a paypal collection jar?

Taking donations wouldn’t begin to cover the cost of licensing the songs or use of the character. Legally this art would never happen, but neither would a good sax solo on a street corner. It’s impractical for music publishers to go after street musicians but its easy to track down the owner of most web sites and send them a letter. I’m not a legal expert but we have to come up with an answer for this that encourages and enables art over the internet without fear while protecting copyright holders against outright exploitation of their property.

In the meantime enjoy Sad Kermit while you can. You can also watch the music video for Hurt (Nine Inch Nails cover) on YouTube.