Backlash as EMI Hunts Down the Grey Album
An anonymous reader writes "DJ Danger Mouse's The Grey Album, a remix of Jay-Z's Black Album and the Beatles White Album has become a online music sensation, even getting reviewed in Rolling Stone though only 3,000 CDs were ever made. Now EMI, which controls the Beatles copyright, is trying to shut the album down. They've sent cease and desist letters to Danger Mouse, a handful of record stores, and websites that have hosted the songs. Wired News is reporting on the backlash that has ensued, led by anti-music industry group Downhill Battle, who insists that the major record labels are stifling creativity."
I think that the freedom to edit and reproduce music is important but i think that it is a corny idea in the first place. But none the less I feel i must stick up for the albums right to express freedom. Long die the DMCIA
Get paid to read spam
Why don't EMI sign the guy, or at least come to some kind of arrangement to get commission from the sales?
From the reviews (and prices on eBay) the albums been getting they could certainly make a good profit.
Seems these days the first response is always intimidation rather than considering other possibilities.
Disclaimer: This isn't a troll, I'm just a fucking idiot.
I dunno, I listened and I didn't think it was all that great. The idea of matching Black against White is interesting, but -- and this is just one subjective opinion -- I didn't think the music itself deserves the hype.
Here's what I do: Bitty Browser & Andromeda
I have always wondered what would happen when the IP mafia went too far. A common fiction theme is carrying some oddity to to an extreme that is not possible. Sometimes it seems to be laziness, other times intentional.
Slashdot itself is full of these extreme types of worry. People get all het up over copyright holders locking down 1+1=2 (or Intel's version, 1+1=1.999998; perhaps Intel was merely ahead of its time, eh?), and the world of creativity coming to an end, where it is not possible to write a program without every line infringing somebody's copyright or patent. It always seemed a silly take to me. But this has all been worry for nothing. The more any system gets out of whack, the more natural corrections pop up. The farther out of whack, the more intense the corrections.
I like the looks of this, we have more and more natural corrections all the time, little ones and bigger ones. GPL is a natural correction, quite ingenious, the ultimate hack to make a system subvert itself. Remixes like this are great, they put the big labels on notice that they can't control everything. Kazaa is helping.
Let the big boys waste their time and money on copyrights and patents. When they control too much, everyone else will ignore them, just as they do with Kazaa, just as they do with this album. These big boys will go the way of all dinosaurs.
Infuriate left and right
He's the greatest, He's fantastic,
Wherever there is danger he'll be there,
He's the ace, He's amazing,
He's the strongest, He's the quickest,
He's the best, Danger Mouse,
He's terrific, He's magnific,
He's the bravest secret agent in the world.
Danger Mouse, Danger Mouse,
Danger mouse.
I think that's all of it. Or maybe not. Crumbs, DM!
----- ----- -----
+5 Informative to the first person who can supply a .torrent link...
I hold a patent on sigs...
Surely this guy could have avoided all problems in the first place by getting permission. I'm sure if he'd pointed out what he was doing, he could perhaps have got himself into a lucrative deal with EMI, whereby he uses the samples, and in turn releases the album under them. I know the record industry is getting a bad press at the moment, but he didn't even ask permission.
Seriously, it's fucking awesome.
1) Get this
2) Set this as default
3) Query the album name
You should have it downloaded within 20 minutes tops. It's fucking worth it though. I'm a huge Beatles fan and I enjoy a lot of modern rap, so this was a great joy for me to find this album. I don't see why EMI is so pissed off anyway.
Reply or e-mail; don't vaguely moderate. Ex-O'Reilly/MIT employee, now a full-time Google employee.
Don't be stifling on my creativity, man.
This is not stifling creativity. If DJ Danger Mouse wants to create his own music he's perfectly entitled too. However if he does not have the permission of EMI to use the Beatles music in this manner then that's not allowed to, and reasonably so.
Musicians get a lot of money when even a small amount of their music gets sampled, this weeks number one in the UK samples U2, and the U2 artists are getting royalties for it. People pay to sample other artists and sell it on in their remixes, if this has not been done completely in this case then its unfair use and EMI are perfectly entitled to step in.
PS no doubt this'll be modded flamebait by someone who mods on opinions not content.
I wasn't going to download it until I read this article.
Under the original 14 year copyright length, the Beatles recordings would all be public domain by now, and therefore this whole thing would be in the clear. However, since the copyright timespan keeps expanding, it seems like nothing created past Steamboat Willie is ever going to hit the public domain.
So yeah, EMI is stifling creativity, but it's their right to under the present laws. It's a great case to highlight what could be if the copyright laws were different. But since they're not, it's illegal and this is gonna get shut down. If it ever is mass released, EMI will be getting more profits than the original author. Sorry, Danger Mouse, Penfold can't get you out of this one...
If the copyright system worked as it was designed to, this wouldn't even be an issue. Does anybody seriously claim that the Beatles wouldn't have made the White Album if they thought that it wouldn't be profitable almost 40 years later?
If the copyright system worked as it should do, this album would have entered the public domain at least a decade ago, opening it up to this kind of reinterpretation without fear of lawsuits or special permission from anybody. The Beatles have been rewarded for their contribution to the public domain substantially, and so has the record company that signed them. They don't deserve to have a stranglehold on it any more.
Although obviously the White album is superior (hell, I was just listening to it today, along with Sgt. Pepper's - how appropriate!), the Black Album is some of Jay-Z's best work to date. I'm interested in what it will sound like...
I belong to the ______ generation.
Michael Jackson owns the publishing rights to the Beatles' music, not the actual recordings. So EMI owns the samples, whereas Jackson controls the rights of the song for people covering it
A little birdie has informed me that there is a Torrent at the USUAL PLACE.
"...led by anti-music industry group Downhill Battle, who insists that the major record labels are stifling creativity."
"anti-music industry group"? Is that
1. A group in an industry that makes anti-music?
2. An industry group that is against music?
3. A group that is against the music industry?
I guess you meant #3, but I prefer meaning #1. What does anti-music sound like? If music and anti-music meet, will they annhilate each other?
Eponymous Mallard
This is what's wrong with this copyright nonsense. If this was the case with other works of art we wouldn't have any of the art we enjoy today. It should not be against the law to interpret another's art as long as credit is given where credit's due.
I also reply below your current threshold.
If DJ Danger Mouse wants to create his own music he's perfectly entitled too. However if he does not have the permission of EMI to use the Beatles music in this manner then that's not allowed to, and reasonably so.
And if EMI refuses to give DJ Danger Mouse such permission, then EMI has impeded "the Progress of Science and useful Arts" by preventing a work from being created. What's the constitutional goal of U.S. copyright law again?
The best file storage format, bar none, is a piece of letter size paper. You'll be able to see it 5,10, yes even 15 years from now. From what I understand, they have even found readable documents that are hundreds of years old. As a bonus, paper is quite thin and light and very easy to store. And since your personal documents are probably already printed on paper, you save yourself the time spent scanning them. Next question please.
Support the First Amendment. Read at -1
Oh wait....it won't. In fact, I wasn't even aware of this album until now, but I'll be sure to grab it off my favorite P2P client tonight, simply because you don't want me to listen to it.
Maybe EMI should take a look at how well the War on Drugs or Prohibition worked.
Buy Steampunk Clothing Online!
True, Mr. Jackson controls copyright in the Beatles' music, but a musical work (as embodied in sheet music) and a sound recording of that musical work (as embodied in a CD) are two separate works with two separate copyrights. Mr. Jackson owns the musical works (unless he has sold them in the last two years since this story came out; EMI (one of the Big Five labels) owns the recordings.
My obligitory Google searching turned up a rather unexpected thing...a PDF version of a Princeton undergraduate thesis (warning...336K PDF) on sampling in the recording industry. It's actually been an uninteresting read thus far (quite unlike my undergraduate thesis, that is, unless you like reading about graphical interfaces for Fortran namelists).
It starts off with an interesting history of the development of folk music in this country and how new words were put on standard melodies or lyrics were appropriated into new songs. Continues on to give an overview of the history of sampling. Best quote I've seen thus far: "the current system of copyright misrepresents the creation of music, considering it a purely original act rather then an event in a cultural tradition".
The thesis goes on to propose that fair use laws should be revised and a compulsatory licensing system put in place for sampling similar in structure to current "cover" style licensing to help avoid just the kinds of lawsuits while constructing a creative artistic environment. The application of copyright law in the US is so twisted these days that perhaps a system like this is needed. We really as a country should start some serious rethinking about how old concepts should apply to the modern world.
ed
Go 99 Tigers!
I think it's important that the artist who makes a recording has a say in how it's used. This doesn't mean the record companies should stifle innovation, but it does mean that an artist has the power to for example stop his work being used in a way he finds repellant.
"If you think nobody cares if you're alive, try missing a couple of car payments." Earl Wilson
Ack. the "uninteresting" in the first paragraph refers to my thesis, not the one I linked to. Apologies. Friggin inability to edit on /. is almost as frustrating as debugging PHP.
ed <--- bonehead
...Is hanging out with some mighty strange types these days...I mean Jay-Z? What has the ol' Lonely Hearts Club Band come to? Next it'll be human sacrifices, cats and dogs living together, mass hysteria!
and I also think that "only 3000 pressed" is actually a pretty big run, considering that's larger than most independent releases (which are lucky to sell 1000).
There are 10 kinds of people: ones who understand ternary, ones who don't, and ones who think this joke is about binary
If you just want a few songs, here's a site hosting the individual files. I just got 300 K/sec off them, so they seem pretty strong.
if you keep the songs, just paypal him a few bucks. guys like this deserve compensation
You are confusing the sound recordings with the publishing rights.
If you sample the Beatles you owe EMI. If you record the Beatles you owe the brother of the boob. If you sing the Beatles you owe ASCAP.
Ain't the music industry grand?
KFG
Don't like this situation? Then write to your legislators, asking for a compulsory license system for derivative works of sound recordings.
Funny, isn't it, how when it's music everyone want's it to be free.
Does DJ Danger Mouse release his source ? (i.e. riffs and breaks unmixed?)
If I pressed 3,000 of my own Grey CDs would he mind if I sold them for $6.99 a pop at the local car boot sale?
I'm not saying what should or shouldn't be happening.
EMI are war mongering blood suckers but still artists wet their pants to get signed.
An OpenSource armoury, now that would cause a stir.
Here's the code for a countour hugging ICBM or radar jamming code.
Put a bit of GPL code in your router and everyone is up in arms.
Put a bit of copyright music on your CD and everyone says you should have carte blanche to sell it.
There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
"They've sent cease and desist letters to Danger Mouse, a handful of record stores, and websites that have hosted the songs"
I would have expressed my opinion about all the copyright stuff.
Then I realized the album is already available on Kazaa.
My point? No point.
They're not going to be able to get much money as damages in court from [leftovers after a 3000-copy pressing].
They can get 150 grand.
And who's to say DM didn't reach out to EMI before and they refused to contribute their part at any price?
Every public corporation has a price, usually about one-third of its market capitalization. It would be possible to buy a controlling interest in EMI, but such a hostile takeover would be cost prohibitive.
told me the torrent is here
Doesn't the policy of a typical Direct Connect hub require a user to own a T1 and a Network Attached Storage unit of at least 500 GB?
I had never heard of this album before this news story, but now that EMI has brought it to my attention, I downloaded it.
I kinda like it, and I'll probably end up making a few of my buddys listen to it.
Thanks for makign us aware of new music, EMI.
Downmix - The Artscene News Source!
They need to charge $24.00 for the "Beatles White Album". ..... uh no?
Because..........
There are the promotional expenses.... oh wait?
CDs cost alot to manufacture.... um no that's not it.
They need to recoup the investment in recording expenses
Oh yea.
They have hordes of greedy middle men depending on the corpse of the Beatles to make their Porsche payments, yeah that's it.
And needs to be rewritten. The whole point of copyright and patents, and I quote from the constituiton (article 1, section 8) is "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"
So the constitution grants the right to congress to pass laws to promote art and science by legally giving authors/creators rights to their work. To that end we got copyrights and patents. However, the system has been severly abused and suffers from a real case of not keeping up with the times. Record companies use it to maintain absolute control which is NOT what the constitution allows.
I mean look at copyright terms. They have been extened to a term of the entire lifetime of the autor, plus 50 years. That is completely in the face of the intent of the consitution.
The whole remix thing shows another huge flaw. IT has been law that you can do your own version of other songs (called covers) for low fixed royalties. It ensures that new bands can't be extorted and locked out of using popular songs. But this doesn't apply to remixes and the record companies won't let it happen. Notice how EMI never approached DJDM or talked about licensing, no, they just wanted it stopped.
This is NOT right. The framers recognised that information is not the same as physical property and therefore needs a different, more limited set of laws. The whole intent of copyright law was to encourge people to create and share and then, after awhile, for their work to become property of the public (14 years in teh beginning).
The constitution declares that the laws relating to copyright ought to be to promote the progress of the arts, which the Grey Album is, not to allow conglomerates to retaing exclusive control over their works forever.
Wait...the only true black album was the spinal tap record.
OK this is not a perfect example because of the Beatles copyrighted legacy, but sooner or later there's going to be one, two, three, fifty songs that get really popular but are only available online by independent vendors/artists.
How are they going to react then? They'd have lost before even starting. And eventually it will happen. It could have happened long ago, but what it needs is enough people sufficiently pissed off to go and create or find their own music. A portal that gets rid of distribution and merely links to media in an ordered way would be nice. (There probably are some?)
Remember mp3.com? I'll tell you what really killed it: it had WAAY to much quality music. It showed the emperor really is butt naked and not that pretty after all.
I had such a hangover from mp3.com that I haven't looked into online (independant) music for a while. Any suggestions?
Get it while its hot.
http://www.illegal-art.org/audio/grey.html
is why I release all my music under CreativeCommons by-nc-sa. (Not like I was expecting to get rich off of it anyway.)
There are 10 kinds of people: ones who understand ternary, ones who don't, and ones who think this joke is about binary
1) All new music will be blatently commercially driven. This is the case in India where copyright is non-existant. No, I'm not talking about a Pepsi can being in the background or sipped by a star, but about a movie being ABOUT Pepsi with dancing, animated Pepsi commercials running across the screen in the midst of the film regardless of their relevance to content.
2) Turing machine-proof Trusted Computing to ensure IP is not violated. The keys are built into the hardware and will be unbreakable. If I am wrong and you do break them, they will be replaced with the next generation of hardware that you cannot break.
It is pretty unfortunate to consider that the cost of protecting intellectual property makes it almost seem like it's not worth doing. I wonder if the world's greatest musician will come along some day and spend his days working at McDonald's and his nights toiling away at his craft and not sharing with anyone because he refuses to work for free for people who do not acknowledge the CAUSAL relationship between creation and intelectual property rights.
I join the other posters on this story in welcoming our EMI Overlords, who's actions both informed my ignorant self and piqued my curiosity enough to *cough* sample the album.
Maybe Amazon can add a "Publishers who banned this album also banned..." section so we can know what music is worth acquiring?
Yeah, right.
Just for the record, I don't think anyone at EMI is really that smart.
Just finishing up downloading the first couple of tracks, and it's actually pretty good. I'm thinking that I'll burn a couple of copies for some folks in my office who share a similar taste in music. I don't like screwing artists so I don't usually do that sort of thing, but in this case I figure I'm just screwing some rich asshole music executive. That actually makes me feel all sort of warm and fuzzy inside...
Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
Here are some facts to kick off.
I like the Beatles. I was even born in the 1960's in Liverpool so that kinda makes it obligatory. Not a big fan, but I like the music, especially the early stuff.
Lots of other people like the Beatles too. Like Oasis and Straw.
OK, so far so good.
Now Im guessing here but I suspect Mr DJ Danger Mouse is not the leader of a beat combo (for examples see above), but rather someone of more "modern" tastes.
Right. So how does EMI think that DJ Mouse is interfering with their market for Beatles sales? I am pretty confident here that DJ Mouse fans are unlikely to have come across the Beatles if it were not for him. Likewise I until five minutes ago have never heard of the Murine Maestro.
We all see further by standing on the soldiers of giants. I think EMI in this case could acknoeledge that and be a little less heavy handed. Particularly given that the Beatles themselves regularly borrowed from 50's pioneers.
Mind you to be fair to them they have to been seen to defend their copyright otherwise it in the future becomes undefendable. Catch 22 for them.
I think engaging some common sense and granting DJDM some limited rights is the right thing to do here given the limited circulation. In fact they have to if only to show an increasingly cynical music buying public that they really aren't all bad.
I wish at was Friday, but I dont want to wish my life away. So I wish it was last Friday.
Whew! For a moment there, I thought DJ-DM mixed Spinal Tap's black album against the Beatles. Now *that* would be ugly!
"How," you ask? Well, imagine the lyrics of Big Bottom ("my baby fits me like a flesh tuxedo, I'd like to sink her with my pink torpedo" synch'ed to the tune of Rocky Raccoon. Scary stuff, I tell you!
Just the idea's enough to make me say: (Insert Dean_Scream_Remix.mp3 here)
In another interesting twist, it appears that EMI is taking a legal approach that, under copyright law, might allow EMI and Roc-A-Fella to release the album on their own and not pay DJ Danger Mouse a penny.
... A ''derivative work'' is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ''derivative work''.
The twist comes from the definition of derivative works in the copyright law. I'll start with the definition:
17 USC 101
Ok. So far so good. The definition of derivative works appears to give DJ Danger Mouse copyright protection over the use of his remix. In other words, if EMI wanted to release the album, they would have to negotiate with DJ Danger Mouse.
However, take a look at section 103(a):
17 USC 103 (a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.
The notes on the Cornell site explain:
The second part of the sentence that makes up section 103(a) deals with the status of a compilation or derivative work unlawfully employing preexisting copyrighted material. In providing that protection does not extend to ''any part of the work in which such material has been used unlawfully,'' the bill prevents an infringer from benefiting, through copyright protection, from committing an unlawful act, but preserves protection for those parts of the work that do not employ the preexisting work. Thus, an unauthorized translation of a novel could not be copyrighted at all, but the owner of copyright in an anthology of poetry could sue someone who infringed the whole anthology, even though the infringer proves that publication of one of the poems was unauthorized. Under this provision, copyright could be obtained as long as the use of the preexisting work was not ''unlawful,'' even though the consent of the copyright owner had not been obtained. For instance, the unauthorized reproduction of a work might be ''lawful'' under the doctrine of fair use or an applicable foreign law, and if so the work incorporating it could be copyrighted
Since, by his own admission, every single second of the Grey Album is sampled from one of the two source albums, DJ Danger Mouse has absolutely no copyright claim to any of his own creation.
Of course, once DJ Danger Mouse is stripped of his copyright interest in his own creation, there is no legal barrier to EMI and Roc-A-Fella simply releasing the album, because they own the underlying copyrights to the source albums.
Whether or not they do this, it is interesting that copyright law has the effect of excluding remixers from any copyright protection whatsoever over their own work. It appears that by taking legal action to shut the album down, EMI is not merely seeking to enforce their copyright as they claim. They are laying the groundwork to deny copyright protection to DJ Danger Mouse over his own creative work and steal his album. They are in effect muscling him out of his own copyrights over his own work.
I would tend to take anything this guy says as being completely untruthful. He doesn't exist; his college doesn't exist; a quick peek at his comment history will show you that he is a troll and a karma whore.
Now, occasionally he may be interesting; even a broken clock is right twice a day. However, to me AV typifies the worst in Slashdot - and that's saying something!
Mods - please don't mod this guy informative until you've checked out everything he asserts.
The Grey Album is an exhibit at Illegal Art , an site dedicated to discussion of the copyright issue as it affects creativity.
Remix Metallica's Black Album with The Beatle's White Album.
(or of course, the famous album by the great Spinal Tap - "Smell The Glove" which was released with an entirely black cover before Metallica ever released their's)
Reading through the associated articles I was interested in the concept of a Brightnet. Briefly, it is a theoretical idea that involves encoding songs as combinations of mathematical formulas. Since each individual formula would apply to many songs by many artists, none of the formulas would infringe on copyright. So in theory people could exchange these formulas out in the open, hence the term "Brightnet" as opposed to existing p2p "darknets."
The problem I see with this approach is that if it's valid it should work for compressed music files. An MP3 isn't a song, it's the output of a compression algorithm. The song you hear is the result of the decompression algorithm. But it's sort of like dehydrating Coca-Cola and distributing it with just-add-water instructions. Legally it would still be Coke.
Still, the idea of a Brightnet is appealing to me. Does anybody know a reason why their theory might stand up against the legal system?
- The remaining Beatles getting money for a copyright settlement for music they wrote (whether they need it or not)
- The music label getting money for a copyright settlement for music they didn't write and wouldn't even back if it were written today
since those are the only two possibilities which could come of this situation.Personally, I'd prefer it if these were the options:
- The copyright for an album released in 1968 expired in 1996 like it was originally supposed to, making this whole issue moot to begin with
- The original artists decided to let this pass to begin with, and EMI only acts based on their requests (which both Paul and Yoko probably wouldn't let happen anyway)
- They money from the settlement goes to support musicians (preferrably independent ones, or at least EMI's marginal musicians who are getting shafted due to the way the record industry works), and not EMI's lawyers
But those aren't the options. The first two are.There are 10 kinds of people: ones who understand ternary, ones who don't, and ones who think this joke is about binary
Mod me down or what, I don't care: if you're going to remix stuff, get permission first. Simple as that. There is no way in hell that this could fall under fair use.
I'm amazing. You aren't. SUCK IT
Would take a long stretch to put back IP to pre-history.
I find long stretches necessary to define the scope of the extremes so that the remainder of the argument can focus on the means, where the interesting opinions lie. So in other words, we have agreed that you feel that there exist things that should not be subject to the restriction of a copyright or patent. Next step is to determine what those things are. For instance, do you agree with legislators' beliefs that "Winnie the Pooh" should still be under copyright? Do you agree with legislators' beliefs that LZW data compression should still be under patent?
If he'd made it a mystery for people to guess at ("I sampled a well-known album, can you guess which one?") it would have made an interesting treasure hunt.
But if it hadn't come from such a famous album (and I do credit him with very creative rework here), would it have engendered this much interest? Or if it hadn't been banned??
Only the people replying to my post can answer that for sure.
Of course, EMI is nuts for believing they can put this Jeannie back in her bottle.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
After listening to this work, I can't say that I'm terribly impressed. It's basically Jay-Z with some looped hooks from the White album stomping in and out of the rhymes, but many of the Beatles samples used are lame. It's a shame because the white album is loaded with great material that could be sampled but I don't see a whole lot of thought or care in this production.
The concept is clever. The execution seems mediocre though. There's not enough diversity in the loops per track. There are a few amusing spots, such as how Danger Mouse manages to make Jay-Z come off totally gay in "Change Clothes" with a sample from George Harrison's "Piggies".
If you're a Jay-Z fan and you like the beatles, you'll dig it. If you're a Beatles fan and you're not into Jay-Z or rap, save your bandwidth. If you're into creating or producing music, you can probably do better. Nonetheless, I think it's a worthwhile attempt.
Danger Mouse released the best hip-hop album of 2003, 'Ghetto pop-life', together with Jemini the gifted. If you're at all interested in hip-hop, get this album!
It was released on Lex records in the UK. The climate for intelligent hip-hop in the US is currently non-existant, but the UK is still going strong. Since Lex is a sublabel (almost) of Warp records, you can download the 'Ghetto pop life' from the Bleep site in high quality mp3.
How small a thought it takes to fill a whole life
1. You can download Bittorrent here.
Bittorrent is a small program that lets you download
2. Install the program.
3. Open your browser and paste in this url:
http://66.90.75.92/torrents/1163/DJ_Danger_Mous
4. Download. You can and should keep your torrent downloads open a while after you've finished downloading so the network stays alive.
The GNU General Public License (GPL) is intended for licensing computer software, not music. Music may very well require different freedoms that the GPL doesn't account for (like public performance).
I understand the point you're trying to make--since music licensing and the GPL rest on the same copyright regime (with comparable default powers and permissions), if we honor the GPL aren't we somehow duty bound to honor any other copyright license? I disagree with this assessment because it attempts to conflate the differences between the licenses, as if they all have same effect on society.
The GPL contributes to society in a way proprietary software licenses do not. The free software community grew up around the GPL and the GPL is the most widely used license within that community. Other free software licenses contribute to community too, but few secure the freedoms granted by the license as the GPL does.
It's hard to compare a software license and a music license, but one point sticks out to me--withholding people's ability to change and distribute copies of the music (or performances based on the music), is obviously not a contribution to society; such licensing should not be put in the same class as GPL-covered works.
Digital Citizen
It's a declraation of the scope of power of the legislative branch. Article 1, Section 1 states "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Remember: We don't hold that the government has unlimited power. In fact it is also held that unless something is specifically made illegal, it's legal. Hence why MDMA had to be outlawed, and wasn't illegal upon creation. Also in that is that the states have jursidiction over things the feds don't make laws on (ammendment 10 states these explicitly).
One of the things the legslative branch has power to do is to pass laws to grant authors/inventors rights to their works for a limited time. However, it's not a blanket right, it to promote progress (and implied in that distribution), not just to make corporations rich.
Also, the constituions DOES have justifications. The preamble is nothing but: "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." It doesn't establish any rules or laws, it just lays out why they felt a constitution was important.
The constitution is mostly a framework for laws, not laws itself. Thus it is delibratly vague and does include justifications and limitations. There are parts where it is explicit and does specify a whole law, but that's pretty rare. It generally just specifies limits on what the government may do, and how it is to do them. Thtat way, laws themselves can be rewritten to fit the times as necessary, while stil preserving the spirit and intent of the constitution.
"The record industry has become a huge drag on creativity..."
There is a difference between creativity and interpretation. The Grey Album may be creative interpretation, but it's still an interpretation. Should such works be halted? I'd say no, but if you're using someone else's intellectual property (music, painting, source code, video, whatever) then you should at least have the decency to not take sole credit (and reward) for the work. That is what is really at stake, not just an industry recklessly stomping on "artists".
"If Danger Mouse had requested permission and offered to pay royalties, EMI still would have said no and the public would never have been able to enjoy this critically acclaimed work."
To record and issue a recording with someone else's song no permission is required, but full royalties would have to be paid. Typically there is contact beforehand because royalties are often negotiated between artist and songwriter to come to a win-win situation - the writer gets their work on the rack and the radio, and the performer isn't selling the farm to get a decent song (and please remember, the big money in the music industry is copyright royalties - don't let anyone try and tell you otherwise).
The point to this is that nobody could have stopped the DJ whatsisface from putting together the recording, but he could still expect to fork over some hefty royalty payments after the fact.
"Artists are being forced to break the law to innovate."
I think those who speak out against the big bad recording industry may be their own greatest enemy, offering quotes like this. We're talking about a DJ (a person who plays other people's music) coming up with a novel way of presenting other people's music. If the DJ were a visual artist who used other people's visual works and simply offered unique ways of viewing the same identifiable work, then I don't think anyone would be calling this person an "innovative artist". It's like the difference between Sealab 2020 and Sealab 2021; is Sealab 2021 a creative take on the original work? Maybe, but's it's just an interpretation and still the work of the original artist.
RTFM; please, I beg you.
In that case, the only option is to mock Mr. McCartney and Ms. Ono for being so reluctant to allow sampling. The steps:
Step one) Download from here.
Step two) Play Music.
Step three) There is no step three.
The ______ Agenda
OK, I'm going to have to face that fact that I'm officially getting old. I just don't get this.
"...Downhill Battle, who insists that the major record labels are stifling creativity."
Precisely how is it creative to take other peoples' music, mix it together, and call it new, much less yours? It's hardly even creative to remix your own work. Remixing your own is either an admission you could have done better the first time, or a lazy way to create more tracks to sell for more money with less work, and isn't THAT the sort of thing people accuse the RIAAists of doing?
"Yeah, man, I'm in a band."
"What do you play?"
"The record player."
This used to be a JOKE. I saw a "music" video tonight with one guy scratching a record and four others with microphones, and nobody sang a note. That's not a song. Last week I heard a mixture of the Monkee's "I'm a Believer" and the Beatles' "Paperback Writer". It was artfully mixed in that it fit together well. But the only thing artful was engineering, there was no musical creativity involved. Yes, I think engineers can be artful and even creative with engineering. I've done it myself. But I've also created original music, and there's a difference.
If this Grey Album wants to dodge the kopyright kops, stop calling it an original work and call it a parody. That's protected under the law, and it's something I could agree with.
"I may be synthetic, but I'm not stupid." -- Bishop 341-B
Let's get the facts straight here. Jay-Z made a vocal only edition, so people could mess around with it! Aka, it was intended to be messed around with. Jay-Z wanted people to remix his album.
Now, with that clear let's move on to the Beatles.
And, yes, for the Beatles... Shouldn't their material be public domain allready? Or do you think that selling 10s of millions of album doesn't establish the incentive to create, or promote creativy sufficiently?
No really. Im all for Betales being good music, but yeez, they've made enough money long time ago.
Death to all who insist on prolonged copyright!
Not Buzzword 2.0 compliant. Please speak english.
Want it? Here.. Join the torrent:
o us e-Grey_Album.torrent
http://213.158.116.18/torrents/1163/DJ_Danger_M
192kbps. Go nuts.
-db
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On that note, get it from bittorrent straight away and see if you like it...
http://213.158.116.18/torrents/1163/ DJ_Danger_Mous e-Grey_Album.torrent
192kbps.
-db
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Of course, I've not said word one about the impending legal action that will most definitely occur. You wanna know what sampling fees can be like, read this and you'll understand why Dangermouse didn't ask for permission and pressed very few albums. I have a feeling that he'll still get poked hard, regardless of the albums limited availability. As one of the posts at Drowned in Sound rightly asserts
What I hope for is that someone finally gets some balls and takes it to those gray-suited folks and says "Fuck you. This is art and cannot be thus constrained by your petty laws." Of course that'd never happen. A shit storm is on the way and artistic license is gonna get flushed.
Long Live the Remixers! Down with the RIAA!
-Bob
Treating corporations as people was a slimy legal trick pulled by corporate lawyers after they aded the 14th amendment to ensure the slaves rights. Up until then corporations were limited in scope.
I personally agree that the world would be a better place if corporations were limited in scope and not allowed to own other corporations. I strongly suggest to anyone who cares about these issues to see the documentary called The Corporation
Here's the process I go through to create a typical track:
It may surprise you to hear that this is somewhat more difficult than writing a derivative three chord guitar part for your garage band.
Vino, gyno, and techno -Bruce Sterling
If you were alive a few decades ago (And you very well might have been), you probably would have felt the same way about Andy Warhol and the great jazz improvisationalists.
So yea, you are getting old. Sorry, old man.
(Read the above in the warmest, most sympathetic tones. But you're still wrong.)