Subject: Re: [linux-audio-user] Copyrights on samples
From: iriXx (m_AT_irixx.org)
Date: Wed Oct 15 2003 - 13:14:45 EEST
Michal Seta wrote:
> Anahata wrote:
>
>>Before someone starts on sampling, my point is that nobody produces a
>>recording of music with the *intention* that it should be sampled and
>>used in something else, unless it's something like a sound effects
>>cellection in which case that intention is quite clear and the copyright
>>statement would be worded accordingly.
>
>
> http://www.negativland.com/
>
i'm very much a supporter of negativland and if you follow the links in
my sig youll see that we were honoured to have them sign our petition.
but negativland are, (like me), anti-copyright activists. what they do
is either *deliberately* breaking the law, or bending it and playing
around in the grey areas. it takes skill and knowledge. for example,
most of their work can be classed as fair use under parody or
journalistic comment exceptions. the same goes for my Madonna Remix
Project. and thats why Madonna didnt sue us - because she couldnt.
unfortunately the same *doesnt* apply for taking samples.
i am trying to encourage people to license their work under the Creative
Commons (www.creativecommons.org) or under a Free or Open Audio license,
because this would permit us to share work and build Free/Open samplers
in this way. that is the purpose of my www.copyleftmedia.org.uk website
- which is now one of the supporting organisations involved in porting
Creative Commons to Europe (iCommons). i want to build a repository of
work licensed so that we can freely share and learn from it - thats what
Larry Lessig refers to as the 'Commons', and thats what copyright in the
way it is applied today is taking away from us and from our children.
but as far as the law goes, you still need to be very careful at present
if you want to avoid a lawsuit while you're building your sampler.
Negativland and John Oswald (www.plunderphonics.com) deliberately break
the law to make their protests heard. Adbusters are similiar, although
most of their work is still covered under parody as fair use. whatever
you do, do it in an informed way, and with good knowledge of the law. i
would be more than happy to put up links to a sampler made as a
'protest' work on my website, in the same way that i support other great
software that is being marginalised because of oppressive legislation
(remember Vsound?). but in doing what i do, i've spent 2 1/2 years
studying national and international copyright law, being involved in the
debates, protests, and making sure my knowledge is sound before i take
any action myself. otherwise i just make a fool of myself and of the cause.
best
m~ aka iriXx
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