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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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August 31, 2004

Hatch's Hit List #38 - Mediatrips

Posted by Ernest Miller

What is Hatch's Hit List? Sen. Orrin Hatch (R-UT) has introduced the Inducing Infringement of Copyrights Act (IICA, née INDUCE Act) in the Senate. The bill would make it illegal to "intentionally induce" copyright infringement, but is worded so broadly that it would have all sorts of unintended consequences, one of which is to severely limit, cripple or kill innovation in many different fields. Hatch's Hit List is a daily exploration of some of the technologies and fields that the bill would likely affect. See also, Introducing Hatch's Hit List and the Hatch's Hit List Archives. Send list suggestions to ernest.miller 8T aya.yale.edu.

Today on Hatch's Hit List: Mediatrips

According to Mediatrips, a "mediatrip" is:

an original visual aesthetic/narrative that samples content from film, television and/or other 1st generation sources to create a new media experience. It is a form of artistic, political and personal expression.... Technically, it is very easy to create a mediatrip. Of course, creating something of value is not.
  1. Copy events from TV, Film or other sources
  2. Paste them into a video/media editor
  3. Remix the events to create your own mediatrip
A blatant inducement to creating derivative works if ever I saw one.

Heck, they are even sponsoring contests, which will futher induce people into violating copyright. And the rules are rather confusing when it comes to actually warning people about potential copyright infringements and even permit anonymity, which is a certain sign that illegal activity will be taken place, as we all know anonymity is only used by criminals. Finally, the prize money is to be awarded to EFF in the winner's name. Sheesh. How much more obvious can the intention to induce infringement be?

Well, there is the motto of the site: "sampling popculture is not a crime." Um, much of the time, it is. And if the INDUCE Act passes encouraging sampling will be illegal much of the time too.

Want to know more about the INDUCE Act?
Please see LawMeme's well-organized index to everything I've written on the topic, including Hatch's Hit List: The LawMeme Reader's Guide to Ernie Miller's Guide to the INDUCE Act.

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