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Re: [newmellotrongroup] Re: samples and copyright

2011-02-28 by lsf5275@aol.com

Yes, don't forget Fritz. 
 
 
In a message dated 2/28/2011 9:57:21 A.M. Eastern Standard Time,  
ecclesreinson@rogers.com writes:

 
 
 
My experience with advertising agency people over the years has left me  
with the feeling that they are mostly sleazy dirt-bags. Maybe I shouldn't  
generalize. It might just be the Toronto area agencies that are corrupt...and  
Fritz.


--- In _newmellotrongroup@yahoogroups.com_ 
(mailto:newmellotrongroup@yahoogroups.com) ,  "Hessel Herder" <hessel@...> wrote:
>
> The interesting  thing is that advertising agencies will have a composer 
sign a contract in  which they hold the composer liable for any third party 
claim ( warranted or  unwarranted ),
> 
> while at the same time the agency and their  client have the final say 
about the musical direction and “closeness” of a  track, with which 
composer will have to deal ( with the risk of the agency  
> 
> taking you off the gig , and asking another composer, if you  don’t 
comply or find another solution). Very tricky business.
>  
> 
> 
> This link is amusing, where Sigur Ros has a go at  all the on-air 
soundalikes of his work
> 
> 
> 
> _http://www.sigur-ros.co.uk/media/homage-or-fromage.php_ 
(http://www.sigur-ros.co.uk/media/homage-or-fromage.php) 
>  
> 
> 
> 
> 
> 
> 
> 
>  
> Van: _newmellotrongroup@yahoogroups.com_ 
(mailto:newmellotrongroup@yahoogroups.com)   [mailto:_newmellotrongroup@yahoogroups.com_ 
(mailto:newmellotrongroup@yahoogroups.com) ]  Namens fdoddy@...
> Verzonden: zondag 27 februari 2011 15:39
>  Aan: _newmellotrongroup@yahoogroups.com_ 
(mailto:newmellotrongroup@yahoogroups.com) 
>  Onderwerp: Re: [newmellotrongroup] Re: samples and copyright
> 
>  
> 
> 
> 
> There have been successful lawsuits here  concerning the "sound alike" 
nature of a singer's voice, the most notable of  them coming from Bette 
Midler's camp. She won! The precedent set here is,  again, intent. That intention 
is to willfully trick the public into thinking  they're listening to the 
real Bette Midler, or whoever they're trying to sound  like. Knowing the 
industry the way I do, I'm sure there were scads of forensic  evidence in the 
Midler case. Stupid advertising agencies!! Again, laziness  rears its ugly head.
> 
> I have never studied any law and I  absolutely hate myself for knowing 
the little that I do.
> 
>  
> fritz
> 
> 
> 
> 
> 
> 
>  
> 
> 
> -----Original Message-----
> From: Mike  Dickson <mike.dickson@...>
> To: newmellotrongroup <_newmellotrongroup@yahoogroups.com_ 
(mailto:newmellotrongroup@yahoogroups.com) >
>  Sent: Sun, Feb 27, 2011 7:24 am
> Subject: Re: [newmellotrongroup] Re:  samples and copyright
> 
> 
> 
> On 27/02/2011 01:59,  John Hammaren wrote:
> 
> 
> 
> I guess this topic  gets my ire up, since although I have the utmost 
respect for the work and  creations of others, the current state of intellectual 
property law is a  freaking mess IMHO. 
> 
> 
> As ever, the law is driven by  those who can afford to drive it. 
> 
> 
> 
> 
>  I’m not a lawyer, but it hardly takes one to realize this. 
> 
>  
> I'm not a lawyer either, but I do have a Masters in Law and part of  that 
took in the subject of copyright, designs and patents. 
> 
>  
> 
> 
> Throw in the current software patent nonsense and  we have a bigger mess. 
> 
> 
> Interesting side note: you  cannot patent software. It's specifically 
excluded from patent. You can  copyright it, but since ideas cannot be 
copyrighted then it means algorithms  cannot be copyrighted either. If you had the 
means you could make a functional  close of (say) Microsoft Windows and Bill 
Gates could not touch you for it.  Why? The source code would be different. 
The code is your work of 'art' and  hence falls into the territory of 
copyright, not patent. Unless you have  copied large parts of it verbatim then you 
will be okay.
> 
>  
> 
> 
> Pretty soon we will be able to copyright the timbre  of our God given 
voices the way things are going. 
> 
> 
>  You can. One firm (in 1987) tried to copyright a single letter which was 
 associated with their name. IBM tried the same thing with their 
abbreviated  name and also failed. (Narrowly) This veers into the territory of trade 
marks,  where a visual identifier is associated with name or product. This 
<_http://upload.wikimedia.org/wikipedia/commons/thumb/5/51/IBM_logo.svg/800px-I
BM_logo.svg.png_ 
(http://upload.wikimedia.org/wikipedia/commons/thumb/5/51/IBM_logo.svg/800px-IBM_logo.svg.png) >  says 'IBM' whereas the same thing in 
copperplate script does not. If a visual  aid works then why not an audio 
one? If someone has a very distinctive voice  (I'm thinking in terms of scale 
like Diamanda Galas <_http://www.youtube.com/watch?v=yAFbYN_8e7g_ 
(http://www.youtube.com/watch?v=yAFbYN_8e7g) >  here) then why not? I'm not saying 
it's right or wrong, but I am saying that  it's evidently possible. 
> 
> My favourite ever sampling story  has to be the one about David Bowie's 
track 'Lets Dance'. It was very popular  back in the day and that was oput 
down to the drum timbres. The kick drum and  snare from the opening sequence 
were sampled to shreds and were featured on  dozens of other contemporary 
tunes, thanks to the Fairlight CMI. Bowie;s  production team made litigious 
noises, but it all came to nothing. 
>  
> Why? Because both were sampled from 'Moby Dick'. 
> 
>  
> 
> 
> 
> -- 
> 
> 
> 
>  Mike Dickson, Edinburgh
> 
> 
> 
> 
> 
>  
> 
> Free Music Project: _http://www.mikedickson.org.uk/_ 
(http://www.mikedickson.org.uk/)   
> 
> 
> 
> Or _http://www.last.fm/music/Mike+Dickson_ 
(http://www.last.fm/music/Mike+Dickson)   
> 
> 
> 
> Or _http://soundcloud.com/mikedickson_ 
(http://soundcloud.com/mikedickson) 
>  
> 
> 
> Or _http://www.planetmellotron.com/revd4.htm#mikedickson_ 
(http://www.planetmellotron.com/revd4.htm#mikedickson)   
> 
> 
> 
> Or _http://www.myspace.com/mellotronworks_ 
(http://www.myspace.com/mellotronworks) 
>

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