[Rumori] re: Songwriters Say Piracy Eats Into Their Pay

David meme david at locarecords.com
Wed Jan 7 23:37:56 PST 2004


> whether creators deserve financial compensation for appropriation of
> their work is a totally different debate... a debate that, if you read
> my original post, you'll notice i did not state my opinion on.

Fair enough.

>  i
> merely pointed out an important distinction between songwriter
> royalties and sample clearance royalties, one that the original article
> glossed over.  surely you acknowledge the difference between writing a
> song and having someone else sample your song?
>

Well this is the question, I see no difference. Songwriter royalties 
are use of the song - sample clearance is use of a part of a song. Your 
distinction is false.

But that is *not* to say I think sampling is wrong per se. On the 
contrary I think sampling an amazing and very creative activity - its 
just that we need to think a little bit more about how we go about it.

> if you really think all uncleared sampling is unethical, you'll find
> that to be a very unpopular opinion on this forum.  particularly
> because much of the art discussed on this list involves appropriation
> of some form, & a lot of that would be totally unfeasible if each
> sample costs thousands of dollars.
>
I don't care whether it is unpopular or not. Appropriating someone 
else's art if they

1. Do not know
2. Have no attribution
3. Expressly ask you not to do it

Is not acceptable ethically because you are taking something personal 
and ripping it from them. Note this is not about property rights it is 
about respect for other musicians work. If they express that it is open 
to sample (ie like the new Creative Commons sampling licenses) then 
that is fine, or if they state that they don't have a problem generally 
then fine. But how can you possibly defend the notion of invading and 
using something that may be very personal to someone without any 
ethical issues being raised.

Note that again I am trying to understand how ethics can be 
incorporated to combat what seems like a very libertarian view that 
sampling should be a free-for-all just cause you *can* do it.

For me, maybe, attribution is the key to this. Perhaps the most 
important.

> my simplistic idea?  once again, i did not state my opinion on that
> subject.  but thanks for putting words in my mouth!  it's
> mmm...mmm...good!
>

I apologise. I did not mean to do that. ;-)



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