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RE: [exs] CD's for sale?

2002-07-23 by Matt

O.K. - I write a song made up of a whole bunch of samples in my library.
There is no way I can remember where I got all my samples from - my
directory structure is designed for retrieving sounds e.g. drum
sounds/dub/kicks : Analogue/lead etc. not structured to trace back who the
original supplier was.
If a developer hears a song, and decides that one of his sounds is used, I
assume it is up to them to prove that the sound is in breech of copyright,
and not up to the musician to prove the origin of the sample ?

  -----Original Message-----
  From: Hendrik Jan Veenstra [mailto:h@...]
  Sent: 23 July 2002 12:16
  To: exs-users@yahoogroups.com
  Subject: Re: [exs] CD's for sale?


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

  >It's simple...music means the sounds aren't isolated and are presented
with
  >other sounds as a musical composition...we don't judge artistic merit.

  That's not simple imo.  Really, I'm not making propaganda for any
  sort of illegal activity here.  I just think that all this copyright
  & licensing stuff has extremely fuzzy borders -- and that this will
  never change, no matter how hard everyone tries to protect his/her
  own work.
  Define "not isolated" for instance.  There's plenty of modern music
  that has loads of isolated sounds -- a "pling" here and a "ploing"
  there.  Where is the border between music and non-music?  What
  percentage of the duration of a piece may consist of isolated sounds
  before it is no longer "music"???
  Heck, John Cage even wrote a piece consisting of 4'33 of silence --
  and now some sod is being sued by Cage's family for copyright
  infringement on that, since he also recorded a piece of silence or
  whatever.  If that is not fuzzy, then what is?

  >Believe me, we have many more problems with out and out piracy than
people
  >trying to do the crazy hypothetical situations everyone is firing at me
here.
  >The people breaking the law are not so subtle!

  Sure, if I wanted to break the law, I would simply burn a copy of
  your CDs somehow.  Way easier than the hypothetical scenario outlined
  before.  Still the very fact that there can be no completely
  clear-cut borders between "theft" and "original work as condoned by
  the license" is interesting in itself.

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

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