re: the Artists Space talk last night, here are a couple of famous
quotes–the second one frequently gets posted on this list, I believe–
that serve to support what we would call remixing, re-using and
transforming culture – aka "art."

cheers,
J

———- Forwarded message ———-
Date: Thu, 7 Oct 2004 10:57:45 -0400
From: John Koegel
To: 'Joy Garnett' <joyeria@walrus.com>
Subject: RE: hey there

"In truth, in literature, in science and in art, there are, and can be,
few, if any, things which, in an abstract sense, are strictly new and
original throughout. Every book in literature, science and art, borrows
and must necessarily borrow, and use much which was well known and used
before. No man creates a new language for himself, at least if he be a
wise man. No man writes exclusively from his own thoughts, unaided and
uninstructed by the thoughts of others. The thoughts of every man are,
more or less, a combination of what other men have thought and
expressed, although they may be modified, exalted, or improved by his
own genius or reflection. Virgil borrowed much from Homer; Bacon drew
from his earlier as well as contemporary minds; Coke exhausted all the
known learning of his profession; and even Shakespeare and Milton, so
justly and proudly our boast as the brightest originals would be found
to have gathered much from the abundant stores of current knowledge and
classical studies in their days." Justice Joseph Story in Emerson v.
Davies, 8 F.Cas. 615, 619 No. 4436 (C.C.D. Mass. 1845)

"A dwarf standing on the shoulders of a giant can see father than the
giant himself." Zechariah Chafee, Jr., Reflections on the Law of
Copyright: I, 45 Columbia Law Review, 503, 511 (1945)




—–Original Message—–
From: Joy Garnett [mailto:joyeria@walrus.com]
Sent: Thursday, October 07, 2004 9:56 AM
To: John B. Koegel
Subject: hey there



dear John,
That was strange but fun, and nice to see you. Small favor whenever you
get a moment: could you send me the exact quote, the famous one you
mentioned regarding the concept of "derivative" works, the one about
everything referring to something else, with the name of the judge and
the
case/date/etc? I think I should have that one at my fingertips…

…I'm slowly realizing that law tries to do exactly what art resists at

every turn, I mean in terms of defining things in clear and certain
terms. Must be like trying to snag a worm on a fish hook with one
hand.


best,
Joy