[78-L] Copyright Criminals on PBS

[Cary Ginell]

As anyone in the publishing business knows, quoting passages from a literary work requires permission from the author or copyright owner. Royalties do not have to be paid, but the publisher will require a credit and permission to use the passage. It IS violating copyright to use someone else's protected work without permission. I can't speak for paintings because I am not in that business, but I AM in the publishing business and worked in the business affairs department of my company. We would constantly get requests to quote lyrics from songs in books. Sometimes we would charge, sometimes we wouldn't; it depended on the circumstances. I don't disagree with the notion that sampling is a creative art. That's fine. But taking somebody's work without permission is against the copyright laws. Just saying that we shouldn't deny people the opportunity to be creative is not a license to steal.

Cary Ginell

> From: saag at telia.com
> To: 78-l at klickitat.78online.com
> Date: Sat, 23 Jan 2010 00:26:21 +0100
> Subject: Re: [78-L] Copyright Criminals on PBS
> 
> 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 
> 
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