Re:[rumori] Cheatahs? (literature, lifting and the law)

kristie dahlia home (
Fri, 9 Jul 1999 12:25:12 -0700

suzi said:
>One major difference between the audio and written word, and one that I
>think >bears relevance on this discussion, is the arena of public domain.
>Now, I >believe (but I could be wrong) that the length of time for
>creative works to >enter public domain is something like 70 years. It
>could be longer. Here the >written word has distinct advantage over audio
>recordings, because the recorded >form of music is so new (relatively
>speaking) that any Recordings that fall >into public domain are virtually
>unusable because of poor recording quality.

yes, but most of the things we appropriate are not yet in the public
domain. most appropriated text is from more recent sources which are fully

suzi said:
>Writers definately have greater advantages in incorporating previously
>written >works into their long as it isn't outright
>plagerism anyway.


suzi said:
>I believe the Wizard of Oz collection was originally published around the
>turn >of the century, close enough to put it in public domain, and perhaps
>that's why >Wicked could be published, and Lo's Story could not. Just
>speculating there.

Wicked inhabits the domain of Oz, and refers to some points from the plot,
but doesn't simply retell the story from another character's point of view.

also, it depends on whether the original writer feels like taking you to
court. Wicked expands upon the Oz world, the Oz myth. it is likely to add
to the reading and purchase of the books, and the love and lore of the work.

Lo's story, while it will reignite interest in Lolita, will almost
certainly portray Humpert Humpert in a less flattering light. Lolita was
from Humpert's POV, and he got to justify his pederasty with "she really
wants it," basically. it is generally believed that the novel is
semi-autobiographical. so Nabokov's heirs have an interest in keeping
discussion on this point down.

steev said:

>kristie, thanx for bringing in the writer's perspective. It's definitely
>good to consider these issues from all angles. Don't be shy just because
>it seems like most of us are audio types. Everyone always has a lot to
>learn from other fields and media....

thanks. for a long time y'all were discussing equipment & etc. since the
discussion has turned more theoretical, i've been dying to join in. my
hesitation hasn't been related to difference in medium, but to the fact
that i'm getting married in 3 weeks. no time.....

i've really enjoyed the discussion of late. it's very different from the
literary world. especially the legal bits. incredible.

i wonder how a fine artist would see all this. it seems that in the visual
arts, (especially painting) recycling & rehashing ideas is the whole
process of art in the 20th century. that's how the conversation that is
called the visual arts takes place. in writing it's intertextuality,
allusion, citation. and yet in the musical world it's such a $ battle.

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