[rumori] Re: sampling laws

Steev [rumori] Re: sampling laws
Tue, 10 Nov 1998 10:45:11 -0800 (PST) (00910723511, Pine.LNX.4.05.9811101031380.14356-100000atflotsam.detritus.net)

On Tue, 10 Nov 1998, Eric Oberthaler wrote:

>I just heard Steve Hoey say last night that HE heard that the key word
>was "transformational" usage. If you transform something enough then
>it's cool. I think he heard this from Beck's manager.

in other words, if they can't recognize it. hah. that's funny coming from
the beck camp. you know i was almost involved in legal action by his
label? His management wanted to supress further media attention so they
called off the dogs.

anyway, yeah, transformational is a theoretical, aesthetic guideline, but
it's not in the law and i don't know if it would hold water in court. see,
a lot ofthis stuff has never really been tested in court... But
technically, it doesn matter if you time stretch it and EQ it, if someone
notices it's james brown, james brown can sue you. he might not win, but
he can try.

>I'm not really interested in criticism, commentary, education, parody,
>scholarly research, etc, - I guess not so much in the referential
>possibilities of sampling, but more just meaningless aesthetic stock to
>make things with. I do a lot of this "transformation" stuff.
>But no one really bothers you unless you've got money, right?

unless they *think* you have money.

"meaningless aesthetic stock"? that's an interesting phrase. i guess if you munge it beyond all recognition into some ambient sonic blur it doesnt
matter and you're pretty safe, no worries. and yet i would venture to say
that the source's "aura of found sound" often still persists, and therefore the sample and it's use is not meaningless. I invite you to
think about (and discuss) more deeply your motivations for using samples.
And here's a further question: are they identical to the audience's
motivation for listening? If not, how are they differnent?


Steev Hise, Nervert
steevathise.org http://www.cyborganic.com/people/steev recycled art site: http://www.detritus.net -----------------------------------------------------------------
"I am not a pop star, i am a part of the class war." -Chumbawamba, 'Salome'