Re: [LAU] (no subject)

Am 10.07.2009 um 20:30 schrieb Justin Smith <noisesmith@gmail.com>:

> On Fri, Jul 10, 2009 at 11:12 AM, drew Roberts<zotz@100jamz.com>
> wrote:
>> On Friday 10 July 2009 13:24:57 you wrote:
>>> 2009/7/10 Burkhard Wölfel <versuchsanstalt@gmx.de>:
>>>> Am 10.07.2009 um 16:28 schrieb drew Roberts <zotz@100jamz.com>:
>>>>> Just for fun:
>>>>>
>>>>> http://classicalconvert.com/2007/07/the-stupidest-music-lawsuit-ever-inf
>>>>> ringing-on-cages-433/
>>>>> http://archives.cnn.com/2002/SHOWBIZ/Music/09/23/uk.silence/
>>>>
>>>> Thanks for the links. I am sure Cage would have laughed about the
>>>> lawsuit. Who knows if Ed. Peters would have sued if he were still
>>>> alive.
>>>>
>>>> What the articles are missing, and I think that is an important
>>>> aspect
>>>> of the work, is the various reactions of the audience when 4'33 is
>>>> performed. If you have the chance to listen (sic!) to such a
>>>> performance, don't miss it. Bear in mind that modern audiences are
>>>> usually informed about the nature of the piece and you are not
>>>> likely
>>>> to witness very angry reactions. The grotesque aspect of it gets
>>>> far
>>>> more attention today.
>>>>
>>>> By the way, did you know that all four movements are available on
>>>> iTunes? 0,99€ each, as you would expect.
>>>>
>>>> Again, I am sure he'd have laughed about it, happy about the
>>>> discussion.
>>>>
>>>> Oh yes, and did you know also that Cage did not listen to recorded
>>>> music at all?
>>>>
>>>> - Burkhard
>>>>
>>>>> drew
>>>>>
>>>>> On Friday 10 July 2009 02:13:46 Arnold Krille wrote:
>>>>>> On Thursday 09 July 2009 23:12:09 drew Roberts wrote:
>>>>>>> On Thursday 09 July 2009 13:10:08 you wrote:
>>>>>>>> We could call it 4'33"
>>>>>>>
>>>>>>> Yeah but there could well be copyright issues if one person
>>>>>>> quotes
>>>>>>> another person's nothing.
>>>>>>
>>>>>> No, until now citations are allowed if they stay within
>>>>>> reasonable
>>>>>> size
>>>>>> compared to the original. So you aren't allowed to quote the full
>>>>>> silence
>>>>>> but quoting short extracts from empty mails is okay... (*)
>>>>>>
>>>>>> Arnold
>>>>>>
>>>>>> (*) Of course, german newspapers are working towards making
>>>>>> citations
>>>>>> non-free of charge. :-/
>>>>>
>>>>> _______________________________________________
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>>>>> http://lists.linuxaudio.org/mailman/listinfo/linux-audio-user
>>>>
>>>> _______________________________________________
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>>>
>>> The lawsuit was not stupid. They credited Cage as a composer, and
>>> seeing as he had nothing to do with making the piece, they could
>>> have
>>> at least gotten permission to use the composition they were
>>> referencing if they were going to use his name on their work.
>>
>> Seems the proper thing to do might have been to demand that the
>> credit be
>> removed unless the actual silence was indeed sampled... ~;-) Rather
>> than to
>> demand payment as if he was involved with the making of the piece.
>> Or???
>>
>> all the best,
>>
>> drew
>>
>
> IIRC, they did demand the removal of the Cage credit. The damages were
> for the albums sold where Cage was falsely credited / his composition
> was used without prior permission (which of the two occurred is of
> course ambiguous). At no point was the idea of "sampling" an issue.

Oh, I see. Thank you for pointing that out.

>
> If I did a track where I played ten consecutive notes from a Jimi
> Hendrix solo, nobody would notice or care. If I co-credited Jimi
> Hendrix as a composer on the liner notes without arranging (and most
> likely paying for) prior permission, you should expect his estate's
> lawyers would want to talk to me about this. And if people were buying
> the album because Jimi Hendrix's name was on it, the Hendrix estate
> would have every right to sue for damages. How is this case any
> different?

Exactly.

- Burkhard
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Received on Sat Jul 11 00:15:04 2009