On this blog, we write often about the value of fan-created works, about how fans use their creativity, using works created and owned by others. And fans of Lady Gaga has been very busy, remixing and reusing both the video and song, Bad Romance. They vary in quality and skill, but most convey the message of “This is so cool — and I want to be part of it!”
Additionally, complicating matters, legally there is a difference between the use of a work in the entirety (such a cover version) and sampling, and between using the style of a video and the music — but for fans, these distinctions don’t exist. And the parody (making fun of this work) / satire (using one work to make a statement about something else), truly falls apart in the midst of montage/collage/remix culture, where one work can simultaneously have multiple messages.
Two years ago, American University’s Center for Social Media released a study, Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video, suggesting strongly that remix culture is not only socially acceptable, but should also be legally acceptable because transformative reuse falls within the fair use exception/defense to copyright.
Lady Gaga’s Bad Romance song and video have proven to be the source material for all but one type of the nine types of reappropriation discussed in the study.
The types — in order of their frequency in my wholly non-statistically valid study (i.e. I watched lots of videos!), considering different types can exist in the same video:
- Pastiche or collage: Several copyrighted materials incorporated together into a new creation, or in other cases, an imitation of sorts of copyrighted work: I subdivide these works into two different categories — the homage and the sample — both used extensively by remixers of Lady Gaga’s work.
- Positive commentary: Copyrighted material used to communicate a positive message: Such as taking the “We traveled 10,000 miles to say we love you, Lady Gaga” approach.
- Parody and satire: Copyrighted material used in spoofing of popular mass media, celebrities or politicians: Lots of examples, but have yet to find a good one.
- Negative or critical commentary: Copyrighted material used to communicate a negative message: Many of the parody/satires included negative views of Lady Gaga, especially her physical appearance.
- Quoting to trigger discussion: Copyrighted material used to highlight an issue and prompt public awareness, discourse: Such as commenting about Lady Gaga’s support of the GLBTQ community
- Illustration or example: Copyrighted material used to support a new idea with pictures and sound: Such as quick, small, samples.
For these next two types, I don’t have examples below the jump — considering the always existing threat of takedown notices, I don’t want to be responsible for publicly pointing out kids having fun at concerts!
- Personal reportage/diaries: Copyrighted material incorporated into the chronicling of a personal experience
- Incidental use: Copyrighted material captured as part of capturing something else
The one type missing missing from these reuses is:
- Archiving of vulnerable or revealing materials: Copyrighted material that might have a short life on mainstream media due to controversy. While Lady Gaga is controversial, there isn’t a need to archive this specific time.
Below are examples of some of these varied uses of the original — starting with the original official music video — from the official YouTube Channel.
But you will notice if you manage to make your way through all of the varied versions below that there is one type absent — an actual parody. While quality shouldn’t be a factor in determining fair use (such as with the Pretty Woman / Big Hairy Woman Campbell case), after looking for a good parody in vain, I just couldn’t bring myself to post one of the truly horrible parodies.
And yes, I will likely never listen to this song ever again. Whatevs.
I simply love lady Gaga…she’s not only very talented and very fashionable, she has a BIG heart too… she never forgets to help other people who are in great need like the victims in Haiti…