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Re: [exs] CD's for sale?

2002-07-23 by Hendrik Jan Veenstra

Thoughts from the mind of PersingEP@..., 23-07-2002:

>  >Scenario B : I'm a cheeky git trying to work the system. I record all the
>>samples individually, dry, and spaced by a few seconds on an audio CD and
>>call it my 'work' and distribute as such. 'Use' in 'work' is allowed under
>>the licence, but this is blatantly a way to try and get around it as I
>>have
>>copyright of the recording. Why couldnt one get away with this?
>
>The license specifically states that you cannot produce other works intended
>for sampling, it has to be used in a musical context. Derivitive sampling
>works are not permitted.

Interesting discussion...  However the above surely is impossible to 
"enforce".  There's no clear definition as to what a "musical 
context" is (listen to any modern composers of the last century, and 
you'll know what I mean :).  A couple of loose drum-hits, in varying 
tempo, combined with some drums being hit simultaneously... and 
presto, a musical context.  Heck, I'll even throw in a few notes from 
a tuba, if that makes it more musical.
Who is to say that this is a work "intended for sampling" then? 
Impossible imo.  And I'm free to put such a piece of music on my 
website, royalty-free, for everyone to download and use whichever way 
they see fit.

In the end there's always a way to avoid such licensing schemes, I 
suppose, if someone _really_ wants to.  The only thing you, 
CD-makers, can do is try to make it as difficult as possible.  Still 
"as difficult as possible" isn't necessarily very difficult...

-- 
Hendrik Jan Veenstra  <h@...>
Omega Art: http://www.ision.nl/users/h/index.html

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