Looks like I get to play devil's advocate. Okay, how is this for an
opinion: copyright is completely outdated and someday if humans evolve
it will entirely disappear. The free exchange of information of all
types is essential to human progress. The idea that information can be
owned or contained creates inherently absurd situations, because the
category of property is not adequate to the realm of ideas and
information anyway.
Furthermore:
In classical music, John Zorn has written extremely interesting pieces
that seem to be almost entirely collages of previous works of classical
music, however these pieces certainly deserve to exist and have artistic
merit, regardless of the intentions of the previous composers.
In jazz music, it is common to quote a phrase from another song in one's
solo: an intentional misuse of the original composer's melody. This has
always been accepted as artistically valid.
It seems to me that sampling is just one step further from these
accepted practices. I say, let people sample their hearts out! The
real issue is that artist's are not very well off in the dog-eat-dog
world of capitalism, if all artists had the chance to make an adequate
living, I feel that copyright would be irrelevant.
As for Mr. Newton's case, it's unfortunate if his record company did not
have his rights in mind when the Beastie Boys contacted them. However,
does he own the "mechanical recording rights", because that seems to be
what is under dispute. It is unfortunate that US copyright law has a
bias towards traditional western notated music, BUT, why should Mr.
Newton be so surprised at this. It would seem to be common sense. The
copyright generally covers anything that can be and is NOTATED, not so
much the concrete realization of a piece. It's no use blaming the
BEASTIE BOYS for this, they did not write the laws. If there was a
score with those specific multiphonics notated, then that would be
covered. And, after all, the truth is it's quite possible that segment
represented Mr. Newton picking up his instrument and improvising for six
seconds, it's not really a phenomenal amount of his life's work or
something. As to his court fees, well I feel bad about the guy, but
think of it this way, the BEASTIE BOYS did not break the law, and yet
they have now spent $500,000! Of course they can afford it, but legally
that isn't really the point. Anyway I certainly hope Mr. Newton does
not go bankrupt, but legally he seems to be on shakey ground.
/dave AKA cyborg k
jurren baars wrote:
Come on don't be so dramatic about this, i think there are thousands of
lawsuits like this going on right now. This is the 21th century be
>ready to
get sampled to death. It wasn't really smart of that Hewton guy to
get >this
case so big he is facing bankruptcy, the whole e-mail is a bit to
>dramatic,
oh i am loosing my house over this well if you don't have the money
to >go to
court then don't go! I really don't hope we have to discuss every
>sample
case on this list.
hmm, yes sampling is everywhere, but the point is that james newton
created the original piece; it's his work, so he has the right to do
with it what HE wants. but he should also have a saying in what he
doesn't want to have happen with his work [that's basically what
copyright is for] so when someone else uses his work he should get
aproval of the original author, the mere fact that this doesn't always
happen, but that doesn't make it right! how would you react if someone
samples one of your all time 313 classic pieces and turns it into the
cheesiest record ever and makes a uge profit out of it, it's not about
the money, you as an artist would feel violated, the rip off is
everything you are against, and you're not even gettting recognition
for the original work, doesn't feel so good does it?
jurren
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