From: Eldad Tsabary (tazberry_docs@yahoo.ca)
Date: Sun Sep 26 2010 - 14:08:18 EDT
Do you ?
;)
A few more questions (since we don't have enough yet)
1. How is intellectual property different from material property?
2. How is a patent different from a copyright?
3. Copyright is generally considered to not protect ideas and facts but only their expression, what does this mean?
The topic can go as deep as any other topic we use words to communicate...
I am mostly curious (at this second) about copyright questions with the focus of live vs. fixed medium
Thanks
Eldad
From: Kevin Austin
Sent: Sunday, September 26, 2010 1:48 PM
To: cec-conference@concordia.ca
Subject: Re: Sampling in the age of mechanical reproduction
So many questions ...
The first one might be, "Do you believe in ownership?"
Kevin
On 2010, Sep 26, at 12:28 PM, Eldad Tsabary wrote:
Hello all,
I am very curious about others’ thoughts, observations, and opinions about the use of sampling (of other works) in performance (live EA) vs. in fixed-media compositions (or recorded performances).
In “sampling” I am referring to the practice of using short “samples” of other copyrighted works.
In other words I am curious to hear your comments (philosophical, historical, legal, aesthetic, practical, personal, etc.) about the topic of turntablism vs. plunderphonics (and derivatives) especially in regards to copyright and ownership issues.
My biggest question is whether you think there should be a difference in copyright compliance and enforcement between transient live performances and recorded/distributed compositions.
A couple of points to consider (perhaps)...
Among other points, Walter Benjamin’s 1935 essay The Work of Art in the Age of Mechanical Reproduction emphasizes the level of detail of analysis available in reproduced works. He wrote “behavior items shown in a movie can be analyzed much more precisely and from more points of view than those presented on paintings or on the stage... In comparison with the stage scene, the filmed behavior item lends itself more readily to analysis because it can be isolated more easily.”
Do you think that this availability to analysis of reproduced/recorded works makes a difference in regards to copyright?
Sampling (in hip hop) was mostly outside the legal radar until 1991 when rapper Biz Markie sampled Gilbert O’Sullivan’s song Alone Again (1972) in his own song Alone Again. A court ruling (NY) then decided that every sample must be cleared with its copyright owner (regardless of duration) and Markie’s album was taken out of circulation (and his career went downhill). The dry law might mean then that live performance of master DJs and turntablists (such as Kid Koala), which depend on improvisation with existing material, must also clear all copyright before performance... or does it? Is this really a possibility? Is this a valid work of art? Is there such a thing?
Thanks
Eldad
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