[78-L] Copyright Criminals on PBS

[Kristjan Saag]

Cary Ginell wrote:
> Sampling cannot be compared to copying someone's style. It is lifting the
> EXACT NOTES from a performance, which leaves no room for interpretation,
> individual expression or anything other than maybe manipulating the speed 
> the
> original notes were played at, distorting, creating loops, etc. Sampling 
> has
> nothing to do with style. It is theft. Pure and simple.
> Just because someone invented the Xerox machine doesn't give people the 
> right > to steal other people's work because technology says "they can." 
> "Copyright"
> means just that: the right to copy.
--
Sampling is one of the most creative techniques in music making today and 
has nothing to do with theft. It's the equivalent of quoting passages from a 
literary work, which is not violating copyright, or to use reproductions of 
old paintings to create new and different visual works, which is not 
violating copyright.
The possibility to sample sounds from previous recordings have opened the 
eyes of thousands of young musicians for other areas of music, have made 
them search the record archives of their mums and dads and come up with 
musical ideas much more creative than the average zillionth version of a 
standard tune.
Of course the big record companies complain about kids using drum brakes 
which has cost them 12 seconds of studio time to produce. But the big record 
companies complain about everything, including the efforts of Mr. Lennick 
and Mr. Newton and Mr. Bunting etc to assist us with re-issues of pre 1960 
recordings - for other labels. Creativity and continuity has never been 
their main business.
The fact is: there's no serious drummer or bassist or trumpeter in the world 
who doesn't see the creative flow in sampling. What they know, but the 
majority of us don't know, is that sampling is being done in the same type 
of setting where they've made their own musical efforts: in the artist's 
studio. The electronica-filled production studio of the sample musician is 
the rehearsal room of the drummer or the composer's lodge, that's where he 
tests his ideas on the computer, long before any record company or external 
producer comes into the picture.
Unauthorized remixes, where you use an entire tune or backing for your own 
production, is another matter. But the kids know when to be careful. As long 
as the "theft" is being done within the same category of music, say House or 
Broken Beat or Techno etc, it's fully accepted to make your work official, 
which usually means: sending out "white label" copies (or files) of the tune 
to selected dj's, and getting it played on dance-floors. If the "victim" who 
made the original likes the new stuff he may agree to a commercial release 
and even include it on his own upcoming remix EP or album. If he doesn't 
like it he may still see it as good promotion for his own work and stay at 
that. Its a win-win situation for all parts.
This is the way it works, take it or leave it. But as for creativity: it 
flourishes, much more than in most conservatories or jazz clinics. A pity 
only few of you can hear it and enjoy it.
Kristjan