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Don't Waste Culture, Recycle Art
Eddan Katz writes "Stepping up the copyright battle on behalf of artists, EFF is hosting an event tonight called Digital Mix at the Black Box in Oakland. Between laptop music, hip hop, and illegal art films, speakers will talk about the Creative Commons sampling license and EFF's "Let the Music Play" campaign."
Not the most helpful EFF page I've seen. "Yeah, party. Here's who is coming"
The Box site, however:
On July 25th, from 8pm till 2am, the Electronic Frontier Foundation will host a night of music, art, and conversation to celebrate digital culture. Hosted at the Oakland Box in downtown Oakland, this special BayFF will bring up-and-coming artists of electronica, digital film, and illegal art together with leaders from the cyber-rights movement. Lawsuits and legislation have become the weapons of choice for dealing with file-sharing and cultural recycling("sampling"); come out and discover what all the hype is about. Between laptop music, hip hop, and industrial performances, you will hear from people who are fighting to protect new forms of expression and cultural distribution from the attacks of the entertainment industry. This is an all-ages event.
-- Bill "Houdini" Weiss
To have an article about not wasting culture right after an article about the first Petri dish baby?
I'll be the sweaty guy. Look me up.
Are they just stealing movies from Kazaa again?
(But seriously.. what is one pls?)
The problem with slashdot is that most of its users were bullied and stuffed into lockers as kids!
If the art they are showing is truly illegal this seems a fantastic way to get thrown in the clink. If its not then this becomes the work of meerly pretentious posers.
Will someone record this & put it on kazaa for me?
Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
Someone should videotape this event, put the video onto their TiVo, then extract that video (into tmf format) and post it. Kinda symbolic.
(Details on how to do this are available on the web, plus elsewhere)
..Jeff Keegan
seven syllables explain TiVo: kee gan dot org slash ti vo
"cultural recycling"
"fighting to protect new forms of expression"
"attacks of the entertainment industry"
Sounds like something the entertainment industry might want to attack, and it was just genius of us to give them some publicity, don't you think?
I can just see the bust now... try using all those catchphrases on the Oakland police, and then the RIAA lawyers... But, then again, they'll probably get away with it...
"!"
Let's not downplay the importance of the "Let The Music Play" campaign. Go to the EFF website, print out the ad that's appearing in Rolling Stone, Spin et al, and post it everywhere.
The only way to fight the **AA is to enlighten the masses who aren't aware of the problem. After that, boycotts, actual progress in Congress, the whole enchilada will be a breeze.
OMG! Wau!
You mean on behalf of SOME of the artists. Or SOME TYPES of artists. Since the "right" to sample is frequently just one artist infringing on the "right" of another artist to protect their artistic work.
As an artist myself, I would be a little POed if the next Millie Vanillie decided to rip a hit or a rift from a song of mine without asking. The EFF's position on this does nothing but take AWAY my rights as a musical artist.
As usual, there are two sides to this story and one side does not invalidate the other! The rights of one do not cancel out the rights of another. And in these situations the "right" has to belong to the original creator, not the follow-on users. If some bands want to put their music up for PD sampling, then great, otherwise, as always, be polite and ask before borrowing.
Clearing samples is not all that hard, it's done all the time. Is it really too much to just ask? It takes a LOT of effort to create new and unique soundbytes, hits and signatur rifts. Then having someone come along and take them for free without even asking is just rude.
There are far too many people taking and not enough creating as it is. Please, don't try to tell me that it's every Joe's right to use my music for their own personal gain.
Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
Don's Plum is, in the US at least, an illegal art film. It stars Tobey Maguire and Leonardo DiCaprio, and according to what I've heard (though I don't know anyone who's actually seen it -- please correct me if I'm wrong), it contains a lot of debauchery, drugs, homosexuality, a la Kids.
So why haven't you heard of it? Because Leo and Tobey decided the film would undermine their wholesome, teeny-bopper public image -- so they decided to throw their weight around and block the film from being released. The producer of the film sued the two stars, and as a settlement, they agreed that it would be banned from distribution in the US.
Cheers,
IT
Power corrupts. PowerPoint corrupts absolutely.
Buy Steampunk Clothing Online!
Too bad they must be kept underground and the makers anon because of greed.
Most indie films and "fan films" are illegal. because they use a song without paying the artist $897,554,665,32 to use it, or because the creator is a big idiot, (See lucas for the big idiot example)
I have found that if you look past the fact they didn't spend 22 million to make the film, they are actually very good, entertaining, and actually usually better quality than what comes out of Hollywood. (as in story and plot.)
Do not look at laser with remaining good eye.
Many unsigned and independent musicians provide free downloads of their music on their websites as a way to attract more fans. Here's some from my friend Oliver Brown for example. Many such musicians, while relatively unknown, are as good as any major label band and certainly an improvement over the pablum they serve up on ClearChannel.
You can find many more examples in my new article:
- Links to Tens of Thousands of Legal Music Downloads
The article also explores some of the historical and legal issues behind copyright, and suggests steps the file traders can take to make file sharing legal.If you're a musician who offers downloads of your music, I can link to your band's website from the article if you give my article a reciprocal link. Please follow the instructions given here
And yes I have been posting this to Slashdot repeatedly for several days, because I think it's important for people to understand there's a way to get quality, free music without breaking any laws, while at the same time benefiting the many talented, hardworking musicians who aren't signed with a major label.
Request your free CD of my piano music.
I'm glad to see the EFF not only supports the digitial music initative but also mildly practices the fundamentals behind the MP3 drive and file-sharing.
:)
Their campaign title, "Let The Music Play" was a well known song in the 80s by a group called Shannon.
So, by (and I use the term loosely to be modded interesting) "infringing on the copyrights" and using a well-known song title as the campaign against the RIAA, it was not only clever marketing, but a witty double entendre.
When modding "Informative", please make sure it both has a source and IS actually informative.
As part of the illegal art expo at SF MOMA this month, they've had several shows. I went to one in SF last week which was quite cool. The movement to protect this artform and avoid massive lawsuits seems similar to some of the problems faced in the open source movement. Perhaps there should be an open source music movement now. These artists/musicians/filmmakers are interested in freedom of expression through using other people's work in new and creative ways.
To show the fact that nobody can own idea, why not create anonymous music? I suppose it'd have to be instrumental though. Remember, nobody can own an idea.
-Libertarian secular transhumanist
Creating is silly. Creating is pure exploration. Not involved in the actual building process. What makes a song valuable is what you can recognize and relate to. Sampling is a tool for builders. Builders are the ones with the concepts, the art. A random number generator can be tweaked to create music. SSEYO.com's Koan Pro is proof.
Artists who do not build are well IMHO, frauds. What you call soundbytes and signature riffs I call Novelty. Builders do not use novelty.
Real artists don't get all teary eyed when somebody laughs at their work. Real artist call sampling communication.
Builders are sick and tired self involved so called poets. More music please, not more sound-in-time. It's disgraceful.
The message on the other side of this sig is false.
I saw the word "Katz" and almost fainted. This is freaky.
I'm part of the discussions about the new sampling license (don't be impressed, anyone can be (see link in article)). I had various problems with the existing licenses (they allow advertisers to use your work for free, no open-source clauses), and I'm very excited that they decided to tack another license onto their pile. I'm very happy with my own (based on the GPL), but I very much like the idea of standardization. If we all used one of a set of licenses, it would give the open-source-* movement that much more solidarity, and be that much more of a threat to the establishment. So I just wanted to encourage you all to be part of that discussion. Skim through the archives and give us your input. The guys running it are really nice and personable; I wish I was working with them in person. I'm hoping that the sampling license will be simple and easy to understand, and at the same time flexible and robust enough for even big-name artists to use.
c-hack.com |
Nice article. I linked it from my site (which has a whopping TWO legal mp3s of some "music" I did back in the early 90s).
I wonder why you don't mention negativland.com anywhere in the main article page, though. While their music may not be terribly popular (they do have some free downloads on their site) they are constantly on the forefront of the battle for Fair Use rights and against the expanding "intellectual property" movement. They also have an excellent page of other articles on the topic-- including Steve Albini's version of Courtney Love's "Do the Math" speech.
I do not have a signature
I liked old school rap, I listened to old school rap. Rock-influenced, rock-sampled, funk-based old school rap. Remember those days? Everyone from the smallest underground to the Beastie Boys' Licensed to Ill used samples like crazy. I don't think anyone would consider Slow Ride to have been Low Rider, but it relied heavily on the signature horn sequence. She's Crafty was based on a Led Zeppelin riff. But it was far from a Led Zeppelin song.
Even Beck, who got a grammy for "Best Album" for his sample-packed album Odelay. He swore he'd never use samples like that again after the pain in the ass of licensing them all. Who can blame him?
You're just being greedy. Just because you won a battle over this subject about 10 to 15 years ago doesn't make your side right, nor does it mean you've won the war. Sampling is a good example of a use under the constitution's "for the advancement of the useful arts" clause for copyright, since they've not stolen your work as a whole, but used a part that inspired them to create more.
In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
What's wrong with downloading legal music from the p2p networks? Or are they limitted to only illegal copyrighted material?
anyone know what the schedule will be like? will the speakers go on before the performers? will they alternate? I work till late and and want to see the speakers... thanks
For example, Rob Base & DJ EZ Rock's 80's (or early 90s?) hit "It Takes Two" has a brilliant beat that is made up of samples directly taken from older funk songs. People knew the songs but nobody thought it was a ripoff; the combination of samples was ingenious. I don't know whether they cleared the samples -- I suspect not, since it was relatively early in the era of the digital sampler and the performance DJ; probably a bit before all the legal maneuvering that resulted in the current practice of "clearing" samples -- but in either case I don't believe they should have to, any more than any blues guitarist should have to pay to incorporate a standard blues progression into a new song. There's a difference between playing the same thing yourself on the guitar and using a sampler to play it only if you don't believe the sampler (or turntable) can itself be a musical instrument.
Now, I do think samples should be credited, absolutely in the case of big hits that turn an obscure old funk riff into dancefloor anthems; the only reason they aren't widely credited is because people are afraid of being sued. I DJ, and I know the crowd goes crazy when they hear what they think is the intro to a Fat Boy Slim song, only to hear the original funk record from the early 70s. Almost every time someone comes up to me and asks me who is remaking a fatboy slim song and I have to explain that it is Camille Yarbrough's beautiful voice that is sampled by Fatboy Slim and not the other way around. Fatboy Slim's song is a totally different song, unique and valid in its own right as an original work of art. But it clearly pays tribute to an earlier work, and the work is clearly credited (though in tiny print).
Now, I'm glad if the artist herself got paid for the sample, though I suspect the deal was cut strictly between record companies. But I don't think it is necessary to pay the artist or "clear" the sample any more than it would be necessary to pay shakespeare's estate for making a modern version of romeo and juliette. I don't object to the economic arrangement or the courtesy call ("We're going to sample your work in this new song and would like to know how you'd like to be credited"), but beyond that I absolutely disagree with an artist's (or company working on behalf of the artist) right to control whether or not you can use a sample. Whether or not Fatboy paid Camille Yarbrough to use the sample, she did get paid from his use of the sample in terms of increased popularity in an era when she would otherwise be forgotten (in fact, she had been forgotten until he came around). In either case I don't think she should have the right to say "no, you can't use the sample at all" to an artist making reasonable use of portions of her work with credit.
What bothers me most is people using that right to stifle artistic expression, prevent parody and silence criticism. Imitation is the sincerest form of flattery, and any successful artist who doesn't see that is too blinded by their own ego to be making the rules about intellectual property.
What if the sample of your work is used without your permission in Nazi, White Supremacy or Anti-Semitic music, and you disaprove? Why should the fruit of your creativity and your labor be used without your permission to promote people, ideas and movements you loath?
Please consider an author's Moral Rights under the Berne Convention:
Also consider an author's Right of Adaptation under the Berne Convention:
Only Women Bleed (Sex, Sharia remix)
But there are p2p networks for downloading legal music. Some of them use digital signatures to authenticate the legality of the files. Here's the ones I've found so far:
- Furthur Network
-
konspire[2b]
-
Monotonik's BitTorrents - zip files with ~300 MB of MP3s
I talk about all of these in my article.Request your free CD of my piano music.
Also, thanks for the link. You'll see that I have given you a reciprocal link.
Request your free CD of my piano music.
take a look at this Free Art License based on the GPL, but aimed at covering the Copyleft distribution terms of any artform.
;)
it's the only one to make a difference between an original artwork and its copies, which may seem irellevant applied to digital art, but allows "real" physical artworks to be used and reused as GPLed code.
here is the Free Art License,the translation of the original License Art Libre
and the website in french.
the license is in perpetual evolution.and more and more people use it.
i can't resist to some autopromotional example of FALed works with my own personnal website
njoy'n'share!
As I said before (and I'm saying it again because it's responsive, in context, and I'm hopeful the author of the parent will see the reply and respond), what if the sample of your work is used without your permission in Nazi, White Supremacy or Anti-Semitic music, and you disaprove? Why should the fruit of your creativity and your labor be used without your permission to promote people, ideas and movements you loath?
Please consider an author's Moral Rights under the Berne Convention:
Also consider an author's Right of Adaptation under the Berne Convention
Only Women Bleed (Sex, Sharia remix)
Your reply is a very smart one, basically showing the one instance that can make a sampled riff detrimental to a performer's character.
But think about it a bit further. Isn't that what libel suits are for? If I used a bit of a U2 song in my own nazi song (we're talking for instance here, I damn sure don't write nazi songs), and it made it seem like Bono was speaking in favor of nazis, I could rightfully be sued for libel. On the other hand, I believe I should be able to a simple guitar riff in a pro-nazi song, and it should be perfectly legal.
Yes, it sucks. But I think you have to take the bad with the good. Just like I think people have a right to say "You stupid kike" (though if you get your ass kicked, don't come crying to me), I also think that if you're making an artistic statement, you should be free to do so without getting sued. Even if you're a racist rat bastard.
One caveat: I believe that an advertisement is, by definition, not an artistic statement. Advertisers should have no rights, except what the artists give (sell) them. After thinking about it for a long while (really), I believe that propaganda is a form of advertisement. So while sampling should be perfectly legal, using part of my song in a pro-nazi (for instance) song should be considered propaganda, and thereby, illegal. Yeah, it's a slippery slope, but that's what juries are for, right? Does that make sense? What do you think?
c-hack.com |
I would be happy if they did. I mean, come on, what are you waiting for? They're all the rage - try to find even one art festival these days that doesn't have art cars. I mean it - I challenge you to find even one. You can't! I simply can't believe there isn't even one less talented person willing to flatter me with their copyright infrigement? I put a lot of effort into sticking all those barbie doll heads on to the hood of my rusted out Chevy van and - believe me - it wasn't easy. And don't forget the moss. You know it's easier to copy mine than to try to come up with your own, so get cracking and get artistically trendy the easy way!
FYI, it's my artistic take on a bunch of barbie doll heads stuck to the hood of a rusted out Chevy van. Plus moss.
--- What?
You shouldn't be able to prevent someone from using your ideas like that, any more than you should be able to prevent a Nazi from footnoting a book you wrote in his own work. Should Nietzsche's estate (or, for that matter, Aristotle's) have been able to sue Hitler for making hateful use of his ideas? If you don't like it, don't make your ideas public. You quote the Berne convention, but frankly I think it goes too far in overturning the purpose of copyright in the American perspective (which was once much more liberal than the European perspective we adopted when we signed onto Berne) -- for the US Constitution, the purpose of copyright is to promote the progress of art and ideas. In other words, it serves a public goal; it is nothing to do with giving an artist the right to control what is done with his ideas. I don't think an artist should get that kind of control (and yes I consider myself an artist in this respect). You shouldn't be able to use an artist's work without crediting it, and you shouldn't be able to distribute that work in toto for a profit, but I don't think an artist should be able to prevent other people from quoting or sampling his work in whatever context they want. That's the tradition behind the US first amendment as well as our copyright laws.
What the fuck is your point?
good ol' sorites paradox: if taking 1 note is copying, then taking 2 notes is not copying; if taking 2 notes is not copying, then taking 3 notes is not copying; ...; if taking all notes except 1 is not copying, then taking all notes is not copying.
wonderful. you call that an argument? you would make a terrible doctor, lawyer, or anything that involves critical thinking (more than just robotic application of a few logical rules).
why should developments from sending electrical impulses through your muscles get different protection from works sent by sending electical impulses through your brain?
you can make the argument that any physical creation is nothing you, or anybody else, really produced. it is just an explortation and reorganization of unowned environmental resources. so i should be able to come take your motorcycle because you don't really own it.
your interpretation would kill expensive intellectual innovation, such as drug research (when it costs $700 million to develop and test a drug you'd better not have people copying it or you just won't do it... this is why america is the leading drug manufactorer).
If the original artists doesn't own the music, then he has no ability to claim it makes him look bad, since he doesn't own it. Also, it would be very difficult to prove that stealing substantial samples would make it seem as if you support the message contained. I don't even think that would be possible unless you cut and edited a vocal sample to say an obscene, racist, etc message.
Racist comments are still speech. There is no possible way you could draw in the type of speech between something promoting racism and something against racism.
Nice try. I made no such arguments.
I made the argument that pure creation is not art. I made the argument in reference to the poster's mention of signature riffs.
The idea that someone who had no artistic talent or at least no apparent ARTISTIC appreciation should be interfering with the process of creating art, well let's just say: arrogant greedy bastard. I give him the E-F chord award.
I could care less for sound-in-time as I said. I care about art that is made of building blocks which have cultural and expressive value and this ass thinks he's going to get in the way of that.
The message on the other side of this sig is false.
Sounds like this get together is for a great cause and would be very interesting!!! How did the event go...I'd be very curious to know?