From alias at aliasfrequencies.org Mon Mar 1 14:53:30 2004 From: alias at aliasfrequencies.org (shannon o'neill) Date: Sun Feb 29 19:54:17 2004 Subject: [Rumori] [Sydney] DISORIENTATION March 11 Message-ID: <6.0.0.22.2.20040301145323.030c1c88@aliasfrequencies.org> D I S O R I E N T A T I O N live electronic music & audio/visual performance Thursday March 11 @ Lanfranchi's Memorial Discotheque Lvl 2, 144 Cleveland St, Chippendale Sydney, Australia From: 8pm (for 8.30) Donation: $7/$5 (concession) Disorientation returns from its summer break, kicking off the 2004 series with fresh performances from some of last year's favourite acts. Featuring: WINNER SEVERED HEADS BLACK_GALANT VS 30_SECONDS + DJ JONO MA WINNER is Sydney's own psychotic supergroup covers band. Your favourite pop hits as you've never heard them before. Get down to such classics as Bohemian Rhapsody and Smells Like Teen Spirit as performed by a feral, demented (Eno-era) Roxy Music. SEVERED HEADS span the period from long before sampling (we used tape) to the very latest in lap top pop. We inspired the people who inspired you! Having started an online community before the Internet (on Fidonet), made the first CDROM by an Australian record label (on Sony) and created a MP3 disc BEFORE MP3 was EVEN INVENTED (using MP2 cool huh?) the Heads are now gearing up for a set of DVDs, 3D web video and a Bluetooth based live environment. We R0Ol! Meanwhile we love a pop tune, a chat and a beer and are delighted to entertain and explain and hand out as many so-called 'secrets' as possible. So join us, and we will have some fun! http://sevcom.com BLACK_GALANT is Sina from Malaysian post rock band Damn Dirty Apes, facing off with 30_SECONDS who is Johnathon from New Zealand noise outfit Anti Kati. They combine the moodyness of Massive Attack, the melody of Depeche Mode and the glitchyness of Aphex Twin. Expect a dynamic set which crosses through many styles and moods and includes visuals specially constructed for the songs. DISORIENTATION is a monthly series of events, aiming to bring together both well-known and emerging artists working in electronic music and audio/visual performance. It is presented by the UTS Sound Collective and is supported by: UTS Media Arts and Production Lanfranchis Memorial Discotheque 2SER-FM / 2MBS-FM / 2RRR-FM / FBi Radio Coming up: April: Garth Paine, Gordon Monro, Jasper Streit May: Kazumichi Grime, Tesseract, Ivan Lysiak From fullernick at yahoo.co.uk Mon Mar 1 17:23:17 2004 From: fullernick at yahoo.co.uk (=?iso-8859-1?q?Nick=20Fuller?=) Date: Mon Mar 1 09:23:51 2004 Subject: [Rumori] trapdoor operated by demons! Message-ID: <20040301172317.3091.qmail@web86109.mail.ukl.yahoo.com> GRATIPALISTA SOUND SYSTEM PRESENTS... t r a p d o o r o p e r a t e d b y d e m o n s ! DJ Anomie DJ Zacks MUSICS - yello vinill - unruly atoms - sliced pies - MORE! 8pm Thursday 4th March, 2004 The Foundry 86 Great Eastern Street London EC2A 3JL Old Street tube (exit3) FREE entry t 020 7739 6900 http://www.foundry.tv View flyer here : http://anomie.omweb.org/modules/xoopsgallery/cache/albums/album02/Maxwell.swf ________________________________________________________________________ Yahoo! Messenger - Communicate instantly..."Ping" your friends today! Download Messenger Now http://uk.messenger.yahoo.com/download/index.html From darren at alienated.net Thu Mar 4 16:18:39 2004 From: darren at alienated.net (Darren Wershler-Henry) Date: Thu Mar 4 13:18:56 2004 Subject: [Rumori] John Oswald receives major Canadian art award Message-ID: On March 10, John Oswald will receive a Governor General's Award for Visual and Media Arts. The Governor General's Awards in Visual and Media Arts were created jointly by the Canada Council for the Arts and His Excellency the Right Honourable Rom?o LeBlanc, Governor General of Canada, in 1999. Six $15,000 prizes are annually for distinguished career achievement in the visual and media arts, and one $15,000 prize for distinguished contributions to the visual and media arts through voluntarism, philanthropy, board governance or community outreach activities. Jury citation: ?John Oswald has created an art - and vocabulary - of his own in his exceptional and innovative work as sound artist, image alchemist, composer and media artist. He is a master of extended-time morphing and a digitally-adept deconstructionist of sound and music. He is a prolific plunderer of all that?s available in modern culture. Oswald?s art, while often playful, is a serious examination of basic elements. His influence on an entire generation of artists and his international reputation attest to his free-ranging spirit of innovation and exploration.? http://www.canadacouncil.ca/news/pressreleases/co0406-e.asp --------------------- Darren Wershler-Henry darren@alienated.net "George Jones is a funky motherfucker." --Ray Charles From postconsumer01 at yahoo.com Fri Mar 5 21:58:26 2004 From: postconsumer01 at yahoo.com (Jon Nelson) Date: Fri Mar 5 21:58:31 2004 Subject: [Rumori] Hise on SAR Message-ID: <20040306055826.77084.qmail@web20514.mail.yahoo.com> Hello Rumori My interview with Steev Hise, Detritus.net webmaster and sound collage artist extraordinaire, airs tomorrow at 2pm in Minneapolis, on 770 Radio K (AM770, radiok.org and 106.5FM). If you miss it, it will be archived eventually, and will also air again on one of the few dozen stations currently syndicating the show, so I can rationalize being late with the notice... again: Some Assembly Required Saturdays, 2-3 PM, Minneapolis, MN www.some-assembly-required.net thanks! jon nelson www.PostConsumerProductions.com __________________________________ Do you Yahoo!? Yahoo! Search - Find what you’re looking for faster http://search.yahoo.com From bbrace at eskimo.com Sat Mar 6 06:21:04 2004 From: bbrace at eskimo.com ({ brad brace }) Date: Sat Mar 6 06:21:14 2004 Subject: [Rumori] 12hr update In-Reply-To: <20040306055826.77084.qmail@web20514.mail.yahoo.com> References: <20040306055826.77084.qmail@web20514.mail.yahoo.com> Message-ID: _ |__ __| | /_ |__ \| | | __| | | | (_) | | __/ (__| |_ __ | | | | | | __/ | |/ /_| | | | | _ | | | '_ \ / _ \ | | / /| '_ \| '__| The 12hr-ISBN-JPEG Project >>>> extended since 1994 <<<< "... easily the most venerable net-art project of all time." _ | | | '_ \ / _ \ | | / /| '_ \| '__| -_ | | | |__ ___ | | ) | |__ _ __ _ | __ \ (_) | | | __| | | | (_) | | __/ (__| |_ _ | | | '_ \ / _ \ | | / /| '_ \| '__| _| |__) | __ ___ _ ___ ___| |_ |_ ___/ '__/ _ \| |/ _ \/ __| __| |_| _ |_| \___/| |\___|\___|\__| _ _/ | _ |__/ > > > > Synopsis: The 12hr-ISBN-JPEG Project began December 30, 1994. A `round-the-clock posting of sequenced hypermodern imagery from Brad Brace. The hypermodern minimizes the familiar, the known, the recognizable; it suspends identity, relations and history. This discourse, far from determining the locus in which it speaks, is avoiding the ground on which it could find support. It is trying to operate a decentering that leaves no privilege to any center. The 12-hour ISBN JPEG Project ----------------------------- began December 30, 1994 Pointless Hypermodern Imagery... posted/mailed every 12 hours... a spectral, trajective alignment for the 00`s! A continuum of minimalist masks in the face of catastrophe; conjuring up transformative metaphors for the everyday... A poetic reversibility of exclusive events... A post-rhetorical, continuous, apparently random sequence of imagery... genuine gritty, greyscale... corruptable, compact, collectable and compelling convergence. The voluptuousness of the grey imminence: the art of making the other disappear. Continual visual impact; an optical drumming, sculpted in duration, on the endless present of the Net. An extension of the printed ISBN-Book (0-9690745) series... critically unassimilable... imagery is gradually acquired, selected and re-sequenced over time... ineluctable, vertiginous connections. The 12hr dialtone... [ see http://www.eskimo.com/~bbrace/netcom/books.txt ] KEYWORDS: >> Disconnected, disjunctive, distended, de-centered, de-composed, ambiguous, augmented, ambilavent, homogeneous, reckless... >> Multi-faceted, oblique, obsessive, obscure, obdurate... >> Promulgated, personal, permeable, prolonged, polymorphous, provocative, poetic, plural, perverse, potent, prophetic, pathological, pointless... >> Emergent, evolving, eccentric, eclectic, egregious, exciting, entertaining, evasive, entropic, erotic, entrancing, enduring, expansive... Every 12 hours, another!... view them, re-post `em, save `em, trade `em, print `em, even publish them... Here`s how: ~ Set www-links to -> http://www.eskimo.com/~bbrace/12hr.html -> http://bbrace.laughingsquid.net/12hr.html -> http://bbrace.net/12hr.html Look for the 12-hr-icon. Heavy traffic may require you to specify files more than once! Anarchie, Fetch, CuteFTP, TurboGopher... ~ Download from -> ftp.rdrop.com /pub/users/bbrace Download from -> ftp.eskimo.com /u/b/bbrace Download from -> hotline://artlyin.ftr.va.com.au * Remember to set tenex or binary. Get 12hr.jpeg ~ E-mail -> If you only have access to email, then you can use FTPmail to do essentially the same thing. Send a message with a body of 'help' to the server address nearest you: * ftpmail@ccc.uba.ar ftpmail@cs.uow.edu.au ftpmail@ftp.uni-stuttgart.de ftpmail@ftp.Dartmouth.edu ftpmail@ieunet.ie ftpmail@src.doc.ic.ac.uk ftpmail@archie.inesc.pt ftpmail@ftp.sun.ac.za ftpmail@ftp.sunet.se ftpmail@ftp.luth.se ftpmail@NCTUCCCA.edu.tw ftpmail@oak.oakland.edu ftpmail@sunsite.unc.edu ftpmail@decwrl.dec.com ftpmail@census.gov bitftp@plearn.bitnet bitftp@dearn.bitnet bitftp@vm.gmd.de bitftp@plearn.edu.pl bitftp@pucc.princeton.edu bitftp@pucc.bitnet * * ~ Mirror-sites requested! Archives too! The latest new jpeg will always be named, 12hr.jpeg Average size of images is only 45K. * Perl program to mirror ftp-sites/sub-directories: src.doc.ic.ac.uk:/packages/mirror * ~ Postings to usenet newsgroups: alt.12hr alt.binaries.pictures.12hr alt.binaries.pictures.misc alt.binaries.pictures.fine-art.misc * * Ask your system's news-administrator to carry these groups! (There are also usenet image browsers: TIFNY, PluckIt, Picture Agent, PictureView, Extractor97, NewsRover, Binary News Assistant, EasyNews) ~ This interminable, relentless sequence of imagery began in earnest on December 30, 1994. The basic structure of the project has been over twenty-four years in the making. While the specific sequence of photographs has been presently orchestrated for more than 12 years` worth of 12-hour postings, I will undoubtedly be tempted to tweak the ongoing publication with additional new interjected imagery. Each 12-hour posting is like the turning of a page; providing ample time for reflection, interruption, and assimilation. ~ The sites listed above also contain information on other cultural projects and sources. ~ A very low-volume, moderated mailing list for announcements and occasional commentary related to this project has been established at topica.com /subscribe 12hr-isbn-jpeg -- This project has not received government art-subsidies. Some opportunities still exist for financially assisting the publication of editions of large (33x46") prints; perhaps (Iris giclees) inkjet duotones or extended-black quadtones. Other supporters receive rare copies of the first three web-offset printed ISBN-Books. Contributions and requests for 12hr-email-subscriptions, can also be made at http://bbrace.laughingsquid.net/buy-into.html, or by mailed cheque/check: $50/mo $500/yr. Art-institutions must pay for any images retained longer than 12 hours. -- ISBN is International Standard Book Number. JPEG and GIF are types of image files. Get the text-file, 'pictures-faq' to learn how to view or translate these images. [http://www.eskimo.com/~bbrace/netcom/pictures -faq.html] -- (c) Credit appreciated. Copyleft 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 From pan at sensoryresearch.com Mon Mar 8 23:04:32 2004 From: pan at sensoryresearch.com (Pan) Date: Mon Mar 8 20:05:18 2004 Subject: [Rumori] [ot] Thesis Survey Message-ID: This is a bit off-topic, but I think Steev will allow me the leeway... My friend Virginia was working on a thesis related to Electronic Music Festivals. Part of her thesis requires that she take a survey of the general public who might be interested in Electronic Music. I figure many people on this list fall into that category. Please take a moment to fill out the survey: http://www.sensoryresearch.com/thesis I wrote the survey software myself. If you have any problems, let me know. Pan From pl1x at earthlink.net Sun Mar 14 00:14:08 2004 From: pl1x at earthlink.net (PeterALopez) Date: Sat Mar 13 21:14:18 2004 Subject: [Rumori] [Snuggles] Fw: V/Vm :By listening and owning V/Vm you are breaking Message-ID: <5332349.1079241249047.JavaMail.root@donald.psp.pas.earthlink.net> I would guess that this is the Negativland U2 case revisited. V/Vm Test Records for the 20th anniversary of "Relax" by Frankie Goes to Hollywood put out 69 inches of "Relax". A cd/record/7" with "remixes" (i use that liberally) by various artists. The cover art was very faithful, but did include a piggish uplift. So that's my guess on why it's being stomped on so efficiently. Google Cache of one of the removed webpages on the release: http://216.239.37.104/search?q=cache:0JrGt4FlJfMJ:www.brainwashed.com/vvm/news_/00002_relaxed.htm+v/vm+brainwashed+relax&hl=en&ie=UTF-8 If you can inform me of who owns the rights to Relax (or how i can figure out who does) it would be much appreciated. PeterALopez ----- Original Message ----- From: V/Vm To: v-vm@hollyfeld.org Sent: Saturday, March 13, 2004 5:47 PM Subject: V/Vm :By listening and owning V/Vm you are breaking the LAW. WARNING!WARNING!WARNING!WARNING!WARNING! Anyone in possesion of a recent V/Vm Test Release which cannot be named for legal reasons could be breaking the law. If you own a copy to be sure of your safety and to avoid any personal legal action against yourself which could end in a custodial sentence please return it without delay to >> V/Vm Test,205 Edgeley Road,Edgeley,Stockport,SK3-0TL.England. Unfortunately we are not at liberty to say which release for legal reasons it is which you may or may not have due to the legal ramifications which could befall V/Vm Test. A simple visit to the V/Vm Test Website and a look around should provide you with the information you need by a process of elimination. All copies returned to V/Vm Test will be destroyed and forwarded to the Record Label who because of Red Tape we are unable to mention and no further action will be necessary. We would also ask if you have made reference to this release on a website or see any references to this release on a website that they are removed. If you see a review of this product anywhere you should iunform those reviewing that they are serious breach of copyright and these reviews should be removed from the public domian. This release must be seen to not exist and never existed. If you have one you don't have one, if you see one you don't see one. This release from this date forward does not exist. The future of V/Vm Test is in severe doubt due to the legal repurcussions of the above notice and due to rising legal costs and a fighting fund to ensure future releases can be released has been set up. We are unable to provide any further details surrounding the above at this time. The offical V/Vm quote for the above which can be freely distributed and published is as follows "Because of the position we're in, anything we say could be taken and used against us. No comment." The above release itself (which never existed) ran at a substantial loss to V/Vm Test as it was designed only to break even if all copies sold out. The release has ceased to be distributed from mid February. This information was passed to those concerned in February. Despite this open admission V/Vm Test has still been asked to cover substantial legal costs and damages (a figure cannot be disclosed for legal reasons). This puts the labels future in serious doubt. This matter concerns all of those fellow musicians and people who purchase and support plundered audio, appropriations illegal sampling and unauthorised tributes. Dance and Electronic music has been littered with such experiments over the years and this will continue as advancements in technology make more possible. And it also affects those musicians we have worked with and have continued to work with over the last few years. V/Vm has always helped and supported those in this field of audio work and has often held its head on the line in this area of work when others did not want to take simillar risks. We are aware of the risks and have always been aware of the result that our actions could bring. Even those who are against us will appreciate the fact that we have helped a number of musicians release their work over the years, work which otherwise would never have seen the light of day. Hopefully we will be in a position soon to continue our forthcoming release work as financial stability returns once more. With this in mind we are asking each of you who have taken advantage of our free MP3s and who appreciate the work we have undertaken over the last eight years to help us try to meet the cost of our current legal bills. A number of upcoming releases are now under serious threat of not being released and if you care about seeing and hearing more new music out there released by V/Vm Test then by buying any of our existing products you can help ensure our survival. Donations to the label at this time however big or small are more than welcomed as are direct purchases of any of releases via our direct mail order. Any messages of support or abuse we receieve as a result of this will be posted online at the website in due course. Please be sure to be in touch with us and to distribute this mail to those you think will be interested, your help is appreciated. Many thanks for your attention. further information >> http://brainwashed.com/vvm/news_/00017_vvmfightfund.htm www.brainwashed.com/vvm _______________________________________________ V-Vm mailing list V-Vm@hollyfeld.org http://www.hollyfeld.org/mailman/listinfo/v-vm From beatsystem at lineone.net Sun Mar 14 15:22:29 2004 From: beatsystem at lineone.net (Beatsystem) Date: Sun Mar 14 07:15:42 2004 Subject: [Rumori] [Snuggles] Fw: V/Vm :By listening and owning V/Vm you arebreaking References: <5332349.1079241249047.JavaMail.root@donald.psp.pas.earthlink.net> Message-ID: <00ec01c409d8$3a905560$91600052@KLEPTONES> ----- Original Message ----- From: "PeterALopez" > If you can inform me of who owns the rights to Relax (or how i can figure out who does) it would be much appreciated. > PeterALopez afaik, Warner music bought the Zang Tuum Tumb catalogue (was previously through Island/Phonogram) in the early 90s, so they'll own the sound (and also have no personal affiliation with the material). Publishing is Jobete Music (uk) on my album. (Jobete is best known as being home to most of the classic Motown catalogue) http://www.mpa.org/agency/204p.html and interestingly... http://www.emigroup.com/news/pr11.html hth -- beatsystem From steev at detritus.net Sun Mar 14 13:20:45 2004 From: steev at detritus.net (Steev Hise) Date: Sun Mar 14 13:20:51 2004 Subject: [Rumori] recycling fairy tales: Gregory Maaguire Message-ID: (Hi all, I am back from South America...) Maguire is an author who has written some interesting books (or they look interesting, i havent read them yet) that recycle classic old stories: "Wicked", about the Wicked Witch of the West and Oz, and "Mirror Mirror" about, you guessed it, Snow White, and "Confession of an Ugly Stepsister", Cinderella. Here's an interview with him where he says a few interesting things about how he works and his thoughts about re-using stories (and his stuff being re-used - Wicked is going to be a Broadway play soon). http://www.powells.com/authors/maguire.html (I wonder if he's read Donald Barthelme's retelling of Snow White? a much more experimental book than any of Maguire's appear to be.) smh Steev Hise . steev@detritus.net . http://detritus.net/steev ----------------------------------------------------------------- "There's something basically at least human and even honest about killing..." -Chris Wood (comparing advertising to war) ----------------------------------------------------------------- From david at personify.tv Sun Mar 14 22:15:36 2004 From: david at personify.tv (David Goldschmidt) Date: Sun Mar 14 22:15:44 2004 Subject: [Rumori] introduction Message-ID: <00d201c40a54$f0e9a0b0$1a2b0718@userzwr59olfli> hi- I may be new to this list but i am familiar with many of you. I have been a member of Rhizome since late 1999 and have seen some of your werks via Rhizome. Also, from time to time, I have read through Rumori's archive and I have a deep appreciation for this list and its members. I finally decided to join becasue my project is nearly complete (that is, it's almost ready to launch) and I am interested in any feedback the members of this list wish to offer. here is the url www.mediatrips.com david goldschmidt san francisco, ca paper / words / literature radio wave / sounds / music internet / events / mediatrip From boster at pobox.com Mon Mar 15 07:44:38 2004 From: boster at pobox.com (Bob Boster) Date: Mon Mar 15 07:46:17 2004 Subject: [Rumori] recycling fairy tales: Gregory Maaguire In-Reply-To: Message-ID: <5.1.0.14.2.20040315074255.0436fdb0@pop3.covad.net> At 13:20 03/14/2004 -0800, Steev Hise wrote: >(Hi all, I am back from South America...) bb> Hi Steev, welcome back. >Here's an interview with him where he says a few interesting >things about how he works and his thoughts about re-using stories >(and his stuff being re-used - Wicked is going to be a >Broadway play soon). bb> Pretty sure this has opened already in NY. Pre-NY roadshow had them presenting it here in SF almost a year ago. Reviews were pretty positive. From mattdavignon at hotmail.com Tue Mar 16 09:44:48 2004 From: mattdavignon at hotmail.com (matt davignon) Date: Tue Mar 16 09:45:24 2004 Subject: [Rumori] not cultural recycling, but... Message-ID: Real recycling! Found Objects Night Friday, March 19th, 8pm, $6-10 21 Grand 449B 23rd St (between Broadway & Telegraph) Oakland Featuring: Lesser Karen Stackpole Die Elektrishen Jon Brumit Cheryl Leonard & Tim Blue 6 artists perform using only sounds from a pile of objects submitted by the audience. They are allowed to use any devices they choose (samplers, fx, bows, mallets, etc.) to organize and manipulate sounds. Please bring something interesting for the musicians to make sounds with (no guns or animals, please). Lesser's music delivers crunchy snares and overdriven bass frequencies with a heaping helping of skeptical humor, gritty digital noise, and DIY instrument-building ingenuity. Soldering together new instruments out of the refuse of 80's mixers and synths, J Lesser avoids the standard sounds and strategies in favor of a confrontational, schizophrenic and often hilarious rethinking of conventional "intelligent" electronic dance music. Karen Stackpole's "normal" instruments range from kitchen utensils to exotic percussion, but she specializes in gongs and cymbals in particular. Her music often focuses on "insect sounds", space and metallic resonance. Die Elektrishen is also known as Drucifer, the main force behind Dielectric Records and the Dielectric Drone All-Stars (in which his musical contribution was "Electric Trains".) Jon Brumit is known for his work for multiple turntables, as well as "Piledriver", a recording using objects found at the San Francisco Dump. Glass shards and pinecones, a flock of accordions, circular saw blades, viola, the erhu, hyenas and elk, Cheryl E. Leonard’s music finds its raw materials just about anywhere. Many of Leonard’s works explore subtle textures and latent intricacies in sounds not generally considered musical. Recently these investigations have expanded to include the creation of instruments, primarily from found materials. Tim Blue normally plays violin and guitar, and frequently collaborates with Cheryl, including Instruments In Trees (in which they combine pinecones, leaves, and tree branches with string instruments) and the Armageddon String Ensemble. Curated by Matt Davignon. _________________________________________________________________ Frustrated with dial-up? Lightning-fast Internet access for as low as $29.95/month. http://click.atdmt.com/AVE/go/onm00200360ave/direct/01/ From das at ubuibi.org Tue Mar 16 11:42:04 2004 From: das at ubuibi.org (das) Date: Tue Mar 16 11:43:19 2004 Subject: [Rumori] NO OTHER RADIO NETWORK ::::Tune in and listen LIVE References: <4055580C.D2591106@ubuibi.org> Message-ID: <4057588B.51C0848@ubuibi.org> > tonite: KPFA 'no other radio' > > RADIO: 94.1 FM / Berkeley CA > > Tonight at 11:59pm (PST) on KPFA Berkeley: > :::: NO OTHER RADIO NETWORK :::: > > Tune in and listen LIVE at kpfa.org (for live internet stream) > > Wheeeeeee our special guests slated for tonite's show, is RAJAR, > who may even perform a live set for us all. > > Since 1981, No Other Radio Network has pioneered and provided a > forum for underground, noise, electronic, industrial, psycho acoustic > and many > other genres of music, in addition to featuring live interviews and > performance over the airwaves. > > We welcome artists to send us their works. > > Archived playlists from all ubuibi-hosted N.O.R. shows are available > at ubuibi. > > > big city orchestra w e b :::::: http://ubuibi.org/ > > [Image] From david at personify.tv Sat Mar 20 00:54:05 2004 From: david at personify.tv (David Goldschmidt) Date: Sat Mar 20 00:54:21 2004 Subject: [Rumori] looking for an ISP Message-ID: <005901c40e58$e6b29270$1a2b0718@userzwr59olfli> anyone know of an ISP that won't rush to shut down a website at the first sign of trouble. some of the works we'll be showing may push the limits of FAIR USE. i don't want an ISP that is willing to shut us down without a court order. let me know. david goldschmidt san francisco, ca www.mediatrips.com +++sampling is not a crime From carrie at stayfreemagazine.org Sat Mar 20 11:17:09 2004 From: carrie at stayfreemagazine.org (Carrie McLaren) Date: Sat Mar 20 08:17:32 2004 Subject: [Rumori] looking for an ISP In-Reply-To: <005901c40e58$e6b29270$1a2b0718@userzwr59olfli> References: <005901c40e58$e6b29270$1a2b0718@userzwr59olfli> Message-ID: http://www.onlinepolicy.net The service isn't great -- it's free and run by two volunteers (one of whom works for the EFF) -- but they bill themselves as the "free speech isp." They were host to the Diebold memos, and are now hosting the Illegal Art Exhibit (including the grey album). carrie -- carrie mclaren stayfreemagazine.org carriemclaren.com ph: 718.398.9324 From rizzi at xmission.com Sun Mar 21 11:24:28 2004 From: rizzi at xmission.com (Mike Rizzi) Date: Sun Mar 21 11:24:35 2004 Subject: [Rumori] looking for an ISP In-Reply-To: <005901c40e58$e6b29270$1a2b0718@userzwr59olfli> from "David Goldschmidt" at Mar 20, 2004 12:54:05 AM Message-ID: David Goldschmidt, demi-God and Icon sez: > >anyone know of an ISP that won't rush to shut down a website at the = >first sign of trouble. some of the works we'll be showing may push the = >limits of FAIR USE. i don't want an ISP that is willing to shut us down = >without a court order. let me know. I've been using xmission.com for about 10 years, and they are excellent. The owner used to be active in the Internet music community and has hosted music related mailing lists and websites for a long time (notably the venerable nm-list and the zorn-list). They are a medium sized ISP with about 30 employees and have a long tradition of standing up against censorship. I dropped them an email asking about your fair use issue and they said "Yeah, send him our way. We stand up to people without court orders all the time." I guess you gotta be tough if you're running an ISP in Mormon controlled Utah. :) mike rizzi oakland, CA >david goldschmidt >san francisco, ca >www.mediatrips.com > > +++sampling is not a crime >_______________________________________________ >Rumori mailing list >Rumori@detritus.net >http://detritus.net/mailman/listinfo/rumori >older archives: http://detritus.net/contact/rumori/ > -- "I'm the commander - see, I don't need to explain - I don't need to explain why I say things. That's the interesting thing about being the President. Maybe somebody needs to explain to me why they say something, but I don't feel like I owe anybody an explanation." - George W. Bush, Washington Post, 11-19-02 From rick at cuechamp.com Sun Mar 21 16:18:24 2004 From: rick at cuechamp.com (rick silva) Date: Sun Mar 21 15:18:40 2004 Subject: [Rumori] source code mix Message-ID: <00b201c40f9a$d4abb6e0$2c00000a@VUK> source code mix: http://cuechamp.com/sourcecode.mp3 76 min 72mb 128kps tracklist: 1. chase the devil - max romeo and the upsetters 2. amen, brother - the winstons 3. think about it - lyn collins 4. apache - incredible bongo band 5. ready or not - the delfonics 6. take me to the mardi gras - bob james 7. i'm gonna love you just a little more - barry white 8. shack up - banbarra 9. you can't hide from yourself - teddy pendergrass 10. scorpio - dennis coffey 11. fate - chaka khan 12. dance to the drummer's beat - herman kelly 13. all this love that i'm giving - gwen mccrae 14. get out of my life woman - lee dorsey 15. far beyond - locksmith 16. ashley's roachclip - soulsearchers 17. i love you more - george duke 18. champ - the mohawks 19. praise you - camille yarbrough 20. funky drummer - james brown <<< www.cuechamp.com >>> From praemedia at yahoo.com Mon Mar 22 21:39:37 2004 From: praemedia at yahoo.com (Praemedia) Date: Mon Mar 22 21:39:42 2004 Subject: [Rumori] SF< USA - JiffyScuttler3 - Friday, March 26th Message-ID: <20040323053937.27164.qmail@web21503.mail.yahoo.com> Jiffy-Scuttler Three: Friday, March 26 Doors Open: 8pm Music Begins: about 9 at Rx Gallery -- 132 Eddy (near Mason) -- 1 block north of Powell Bart San Francisco, CA, USA $6 ------------------------------------------------------------------------------------------------------------ Marcos Fernandes & Robert Montoya Damon Holzborn Tim Perkis & Wobbly ------------------------------------------------------------------------------------------------------------ marcos fernandes - field recordings robert montoya - electronics marcos fernandes and robert montoya are it. it is the most recent collaborative effort by the two musicians who have worked together on numerous projects over the past two decades. it is improvisation, intuition and information. it is texture, tension and time. it is an experiment. it is evolving. it is not the end. Born in Yokohama, Japan, Marcos Fernandes has long been active in San Diego as performer, producer and curator. He has performed in Japan, Hong Kong, Mexico and the US as a solo improviser, phonographer and as percussionist/sound artist with various ensembles, including Wormhole, a decade-long collaboration with percussionist/sound artist Robert Montoya. Fernandes runs the artist-based independent label Accretions, started nearly two decades ago as a vehicle for his then worldbeat group Burning Bridges and which now features some of today's more innovative experimentalists such as Fred Frith, Barre Philips, and Scott Fields to name just a few. He is a founding member of the Trummerflora collective, dedicated to creative music in Southern California. Fernandes' recordings have appeared on Accretions, Bake/Staalplaat, Pan handler and Phonography.org. http://www.marcosfernandes,com Robert Montoya (improviser-percussionist-sound artist) has been active in the San Diego music scene since the early '80s. He is a founding member of Trummerflora, a musicians collective dedicated to creative music. Montoya's current projects include collaborations with fellow percussionist Marcos Fernandes and bassist Lisle Ellis, and the Nortec Collective.He has performed and/or recorded with Trummerflora, George Lewis, Le Quan Ninh, Mike Keneally, David Gould, Wormhole Effect and Ultra 7. A Tijuana native, Montoya has performed in Japan, Hong Kong, Mexico and the US. http://www.accretions.com/artists/robert.asp damon holzborn - electronics Damon Holzborn is an improviser and composer who works primarily with electronics. In performance, he makes the recognizable unrecognizable, subjecting sound sources such as guitar and field recordings to manipulation through custom-programmed interfaces, traditional effects and interactive processes. Holzborn is a founding member of the Trummerflora collective, co-creator of zucasa.com, and has presented his work in the US, Mexico and Japan, performing as a solo artist and with several ensembles, including Donkey (a decade-long collaboration with musiciann/filmmaker Hans Fjellestad), Quibble, and Titicacaman (with Nathan Hubbard and Marcelo Radulovich). Holzborn also creates music for dance, often collaborating with innovative dance collective Lower Left, producing both custom compositions and improvised performances. Holzborn holds a degree in music from UCSD, where he studied improvisation with George Lewis, guitar with Celin Romero, and composition with Frederic Rzewski, Brian Ferneyhough, Will Ogden and Rand Steiger. http://www.damonholzborn.com tim perkis – laptop wobbly – electronics TIM PERKIS has been working in the medium of live electronic and computer sound for many years, performing, exhibiting installation works and recording in North America, Europe and Japan. His work has largely been concerned with exploring the emergence of life-like properties in complex systems of interaction. In addition, he is a well known performer in the world of improvised music, having performed on his electronic improvisation instruments with over 100 artists and groups, including Chris Brown, John Butcher, Eugene Chadbourne, Fred Frith, Gianni Gebbia, Luc Houtkamp, Yoshi Ichiraku, Roscoe Mitchell, Gino Robair, ROVA saxophone quartet, Elliott Sharp, Leo Wadada Smith and John Zorn. Ongoing groups he has founded or played in include the League of Automatic Music Composers and the Hub -- pioneering live computer network bands -- and Rotodoti, the Natto Trio and Fuzzybunny. His occasional critical writings have been published in The Computer Music Journal, Leonardo and Electronic Musician magazine; he has been composer-in-residence at Mills College in Oakland California, artist-in-residence at Xerox Corporation's Palo Alto Research Center, and designed musical tools and toys at Paul Allen's legendary thinktank, Interval Research. Recordings of his work are available on several labels: Artifact,Limited Sedition, 482, Lucky Garage, Praemedia and Tzadik(USA); Sonore and Meniscus(France); Curva Minore and Snowdonia(Italy); XOR(Netherlands). http://www.perkis.com Wobbly is a natural. He believes in allowing creativity to flow. This belief can be compared to the difference between a trimmed bush (neat and round) and a beautiful natural bush allowed to burst forth in its best array - free to grow. He finds balance important with a proper mixture. His awareness is superb. All in all, he is his own self and brings out the best in all he endeavors to do as he spreads his talents out across the world like beautiful flowers. Wobbly also feels that satisfaction in the arts, largely music, could be a good avenue towards peace for mankind. "When more people experience the euphoric ecstasy that could be obtained by sampling beautiful musical selections from rock to opera, more people will be less inclined to strife." Wobbly’s work has appeared on Tigerbeat6, Illegal Arts, Praemedia and many, many other hidden places. http://detritus.net/wobbly ----------------------------------------------------------------- JIFFY-SCUTTLER is a music series at Rx Gallery in San Francisco co-curated by Blevin Blectum, Lance Grabmiller, J Lesser and Sean Rooney. Last Friday of every month. Electronic music that doesn't cower, quiver with fear or fade into the woodwork. Have a beer, have a conversation, check the gallery and hear music you won't tag "erase". Jiffy-Scuttler -- electronic music for today, tonight and all of your special tomorrows! ----------------------------------------------------------------------- Jiffy-Scuttler website: http://www.jiffyscuttler.praemedia.com Jiffy-Scuttler booking info: srooney@ntet.net directions and gallery info: http://www.rxgallery.com Sign up for the Jiffy-Scuttler Spam list: jiffyscuttler_announce-subscribe@yahoogroups.com Sincerely, The Jiffy-Scuttler gang: Blevin Blectum, Lance Grabmiller, J Lesser and Sean Rooney __________________________________ Do you Yahoo!? Yahoo! Finance Tax Center - File online. File on time. http://taxes.yahoo.com/filing.html From footage at panix.com Mon Mar 22 21:53:18 2004 From: footage at panix.com (Rick Prelinger) Date: Mon Mar 22 21:53:17 2004 Subject: [Rumori] archives ask court to free "orphan" copyrights Message-ID: For Immediate Release: Monday, March 22, 2004 Center for Internet and Society Media Release Contact: Christopher Sprigman Fellow, Center for Internet and Society (650) 725-9451 csprigmanlaw.stanford.edu Brewster Kahle Chairman, Internet Archive brewsterarchive.org Rick Prelinger President, Prelinger Archives Footagepanix.com Professor Lawrence Lessig Stanford Law School lessigpobox.com _________________________________ ARCHIVES ASK COURT TO FREE "ORPHAN" COPYRIGHTS Claims System Unreasonably Burdens Speech and Violates Progress Clause Stanford, CA - Today, two archives that post public domain books, films, audio, and other creative works on the Internet asked a federal court to declare that copyright restrictions on orphaned works -- works whose copyright has not expired but which are no longer available -- violates the constitution. The complaint asks the U.S. district court for the Northern District of California to find that a law that extended copyright terms unconditionally -- the Berne Convention Implementation Act (BCIA) -- is unconstitutional under the Free Speech Clause of the First Amendment, and that the BCIA and Copyright Term Extension Act (CTEA) together create an "effectively perpetual" term with respect to works first published after January 1, 1964 and before January 1, 1978, in violation of the Constitution's Progress Clause. "This case is about freeing culture from unnecessary and harmful regulation. We will focus on a series of recent changes to copyright law that have failed to benefit copyright owners, but have instead created serious burdens on those who create digital culture," said Christopher Sprigman, a fellow with the Center for Internet and the lead attorney for the Plaintiffs. "In our complaint, we talk about the recent removal from the copyright law of 'formalities' like registration, notice and renewal. That doesn't sound like a big deal, but it is. The disappearance of formalities radically changed the reach and effect of copyright law." For 186 years, American law limited the grant of copyright to those authors who claimed (through registration) the need for copyright protection, and who renewed that claim after an initial term of protection. In 1976, Congress began to reverse this tradition that reach back 250 years in Anglo-American law. In 1992, the BCIA removed what was left of the renewal requirement for works created beginning in 1964. Though past practice had indicated that over 85% of works created in 1964 would never have been renewed when their term expired in 1992, Congress automatically extended the term of all of these works. This was the first automatic extension of copyrights for works that had not been renewed, breaking with a fundamental aspect of our tradition. "In Eldred v. Ashcroft, the Supreme Court outlined the conditions under which a copyright law could be unconstitutional. The BCIA meets the Supreme Court's test," said Larry Lessig, founder and director of the Center for Internet and Society and a professor at Stanford Law School. "By unconditionally extending the terms of copyright, the law has effectively orphaned a great deal of creative work. The BCIA represents a radical break from the tradition of copyright, and we are confident the Court will apply its own rule to free these orphaned works." Professor Lessig argued Eldred v. Ashcroft, a constitutional challenge to the CTEA, in before the Supreme Court last October. The plaintiffs in the case are the Internet Archive and its chairman, Brewster Kahle, and the Prelinger Film Archive and its president, Richard Prelinger. The archives are dedicated to making public domain works available through their Web archives for study and creative re-use. However, they are unable to clear the rights for "orphaned" works -- books and films that are not commercially viable and therefore not widely available to the public, but are nevertheless subject to continuing copyright protection. Consequently, a vast amount of content is unavailable to the Internet, despite the overwhelming probability that the work either is in the public domain, or is owned by an unknown rights holder who has no continued desire to exercise control over the content. "Orphaned films are trapped in legal limbo, where they may disintegrate before anyone gets a chance to see them again," said Rick Prelinger, president of Prelinger Archives. "Automatic copyright extension that nobody asked for prevents archives and collectors from showing them or putting them online for everyone to use. Film is fragile and often doesn't last as long as a 95-year copyright term. Let's find a way to get these abandoned works into the hands of educators, students, filmmakers, and the public." "Libraries traditionally have made out-of-print books available to the public. Now, students and others look online for works and are denied access to out-of-print materials because the laws have not been updated to enable them to be posted on the Internet. If we want to continue to have libraries serve the vital function they always have, we have to find ways to allow them to post orphaned works online," said Brewster Kahle, chairman of the Internet Archive. "The Internet Archive would love to be able to scan in all orphan books so that people everywhere can access and read them. But under current law, it is too expensive, and sometimes impossible to find their authors and clear their rights-even when we know that for most of these books, the author would gladly agree to our posting them." Kahle v. Ashcroft website: http://cyberlaw.stanford.edu/about/cases/kahle_v_ashcroft.shtml About the Center for Internet and Society: The Center for Internet and Society (CIS) is a public interest technology law and policy program located at Stanford Law School and a part of Law, Science and Technology Program. The CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, privacy, public commons, diversity, and scientific inquiry. The CIS Cyberlaw Clinic gives Stanford Law School students an opportunity to work with clients on cases and legal projects that involve questions of technology, law and the public interest. -- Lauren Gelman Center for Internet and Society Stanford Law School (ph) 650-724-3358 http://cyberlaw.stanford.edu/ CA Bar No. 228734 -- Rick Prelinger Prelinger Archives http://www.prelinger.com P.O. Box 590622, San Francisco, Calif. 94159-0622 USA footage@panix.com Online film collection at Internet Archive: http://www.archive.org/movies/prelinger.php From illegalart at detritus.net Wed Mar 24 12:25:08 2004 From: illegalart at detritus.net (illegal art) Date: Wed Mar 24 10:25:50 2004 Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' Message-ID: Los Angeles Times Sunday March 21, 2004 POP MUSIC When copyright law meets the 'mash-up' * Sampling has spawned new art forms -- and a complex battle over how to treat them. Home Edition, Sunday Calendar, Page E-1 Calendar Desk 82 inches; 2762 words By Jon Healey and Richard Cromelin, Times Staff Writers Record producer Brian Burton knew he'd done something technically illegal when he electronically blended tracks from the Beatles' "White Album" and vocals from Jay-Z's "The Black Album" into a CD called "The Grey Album." But he was so excited by the mix of Fab Four riffs and Jay-Z raps that he badly wanted people to hear it. "When I was finished, it was the biggest sense of accomplishment I've had over anything," he said. So in January, the Los Angeles-based Burton, who records as DJ Danger Mouse, made a couple of thousand copies of the disc and started mailing them out. His wish to be heard has come true many times over, although not in the way he expected. On Feb. 10 the Beatles' record company, EMI Music, stopped Burton from distributing "The Grey Album." That action triggered an online revolt that led tens of thousands of people to download digital copies of the CD, generating enough buzz to draw reviews from such mainstream outlets as CNN. EMI's move against Danger Mouse was a spectacular backfire in the war over what's fair when the muse runs afoul of copyright law in the Digital Age. Technology is making it easier than ever to sample and rework recordings, and to the chagrin of entertainment companies and some artists who hold copyrights, the public is showing little sympathy for their efforts to control original works. Fred E. Goldring, a Beverly Hills-based music-industry lawyer, likened EMI's response to "The Grey Album" to the major labels' earlier mishandling of the Napster file-sharing service. "By creating a controversy and trying to shut it down, they actually attracted more interest in it," Goldring says. "They created their own hell." He adds, "It became probably the most widely downloaded, underground indie record, without radio or TV coverage, ever. I think it's a watershed event." That's the dilemma faced by entertainment companies and other copyright holders in a sampling, file-sharing world. The law may be black and white, but among artists and audiences, the creative landscape has been remixed in shades of gray. A landmark skirmish The main force behind the online release of Burton's album was a loosely organized confederation of websites and online activists who believe copyright holders in general, and the major record labels in particular, have gone too far in trying to enforce their rights. To them, "The Grey Album" epitomized how new digital tools allow artists to build on earlier works in unexpected ways, enriching society by turning old creations into new ones -- this time by using the originals as raw material, not just inspiration. It's not in the public interest to hold back that kind of creativity, argued the free-"The Grey Album" forces. So despite threats from EMI's lawyers, they recruited more than 150 websites to offer downloadable versions of the work on Feb. 24 as part of a protest called Grey Tuesday. It was a landmark skirmish in a battle that dates to the mid-'80s, when digital recorders, or "samplers," found their way into studios. Soon hip-hop artists were routinely borrowing snippets of sounds from LPs without seeking permission from the artists who recorded them or from their labels. Those freewheeling days didn't last long. Objections from R&B giant James Brown, among others, forced some samplers to pay for the material they used. Then, in 1991, a federal judge in New York staggered the sampling world by granting British songwriter Raymond "Gilbert" O'Sullivan's request for an injunction against rapper Biz Markie, who had built a song around samples from O'Sullivan's biggest U.S. hit, "Alone Again (Naturally)." Not only did U.S. District Judge Kevin Thomas Duffy order the rapper's label to reclaim and destroy every unsold copy of the offending record, but he also referred the case to the U.S. attorney's office for possible prosecution. Biz Markie wasn't hauled back into court, but Duffy had sent a clear -- and chilling -- message to everyone in the field. Today, most copyright experts say that the rule on sampling is pretty clear. With limited exceptions, artists can't use a recognizable sample from someone else's recording unless the copyright holder grants permission. The copyright holder is in the driver's seat, able to set the price for a sample (ranging from a few hundred dollars to a share of the revenue from the song) or to withhold permission entirely. The Beatles, for one, have never given their approval to any sampling requests. Jay-Z, on the other hand, doesn't seem to mind. He released a vocals-only version of "The Black Album," which was widely viewed as an open invitation to people like Burton to use his work. (The Beatles did not respond to requests for comment on "The Grey Album." Jay-Z was not available but said through a representative, "I applaud creativity in any form.") As Grey Tuesday organizers see it, the law gives copyright owners too much control, in part because getting permission to sample an existing work is rarely as simple as one artist calling another and asking. They tend to peg the artists' record labels as the bad guys and unsung musicians as the victims. "Sampling is something that's been sort of made illegal by the major labels over the last decade and a half," says Nicholas Reville, co-founder of Downhill Battle, an independent-music advocacy group based in Worcester, Mass., that spearheaded efforts to distribute Burton's work. "It sounds hyperbolic, but they really have banned an art form from the mainstream. This wasn't about getting whatever album for free just to defy the major labels, it was about making sure that they weren't able to censor this work of art and about [demonstrating] why there needs to be a reasonable and practical sampling right." "Reasonable" and "practical," though, are somewhat in the eye of the beholder. Ask Dexter Holland, the lead singer of the Offspring, how he'd feel if someone mixed his band's hit album "Smash" with, say, Dylan's "Blonde on Blonde," and he says: "Honestly, I'd be flattered. I would think that would be a good thing. That's a tough line, like exactly how can you control your music in all ways and all respects?" Of course, if someone sold that remix, "that would be a different story," the Huntington Beach-based musician says. "But in terms of just having it, putting it up for people to listen to, I think that's totally fine." Then there's L.A.-based Chris Carter, whose band Dramarama has heard its song "Anything, Anything" mashed up with Pink's "Get the Party Started." "I think it's extremely clever," he says of "The Grey Album." His concern is over potential commercial release of such works. "It's the Beatles' musicianship, songwriting and performing that you're benefiting from. It's the actual recording. That's what they own. They own the masters. You can't take something someone else owns." Carter, who also hosts the "Breakfast With the Beatles" radio show Sunday mornings on KLSX-FM (97.1), doesn't buy the argument that intellectual property falls into a different, less protected category from "real" property such as a car or a house. "It's real property. A master tape, I could hit you over the head with it. It would hurt." But inhibiting creators like Burton would hurt the public more, argues Creative Commons, which is supplying some of the intellectual firepower behind the pro-sampling forces. The group of copyright and technology experts says its mission is "to build a layer of reasonable, flexible copyright" in what it sees as an increasingly restrictive environment. Board member Lawrence Lessig, a Stanford law professor, says the group is trying to develop a "sampling license" that recording artists could use to tell other musicians that their works could be sampled. The inspiration, he says, came from noted Brazilian singer and songwriter Gilberto Gil, who wanted other artists to be able to sample his songs for free. Sampling licenses, though, would require the labels to play along. And so far, Lessig says, they've resisted allowing their artists to give permission for sampling. The labels often say they're trying to protect their artists when they sue file-sharing networks and their users for infringement, so, Lessig says, "If their artists say, 'OK, fine, I'm happy to have other people remixing my work,' they ought to respect that too." Bowie chimes in One reason artists may want to keep White Albums from being mashed into Grey ones is concern about the integrity of their works. "Taking it to extremes," says the Offspring's Holland, "what if someone took one of your records and put Adolf Hitler over it -- something you don't believe in and despise? If you really think about it, if you're OK with it one way, you've got to be OKK with it always. I think that's part of what free speech is in America. It'd be a bummer, though." David Bowie, whose records are popular material among Internet music-mashers and mixers, says he reserves the right of refusal because of just such a possibility. "I would always give the artist the chance to present to me what he wishes to do," says the veteran rock star by e-mail. "I would not give permission if I felt the work to be morally or politically repugnant. I would expect to be compensated for the work used. Outside of that, I'm fairly easygoing, as long as there's some kind of communication between the artist and myself. I think that is the important part." To some copyright experts, "The Grey Album's" online release was a direct attack on artists and their moral rights as creators. The "moral rights" concept, which is strongest in Europe, holds that artists should have the power to stop their work from being altered or reused in ways that affect their reputations. Under this view, even if the Beatles sell their copyrights to EMI, they still have a moral right to protect the integrity of their recordings. Russell G. Weiss, a copyright-law expert at Morrison & Foerster in Los Angeles, says the concept of moral rights is rarely applied in the U.S. to music. Still, he says, the idea of uncontrolled sampling doesn't gibe with the original purpose of American copyright law, which was "to encourage people to take the time and energy to make creative works" by enabling them to benefit from their work's commercial success. Forcing copyright holders to allow others to sample and transform their work reduces the incentive to create, he argues. Samplers are "kind of trading on someone else's property," Weiss says. "You shouldn't be forced to allow someone to transform your work.... You might not want to give other people that leg up, because you worked so long and hard." The pro-sampling forces retort that artists have been building on their predecessors' efforts for centuries. In a sense, "creativity is about standing on the shoulders of giants in ways that we haven't before," said John Palfrey, executive director of the Harvard Law School Berkman Center for Internet & Society. "I don't see why that's so different than the Beatles listening to a Chuck Berry song or trying to cop a certain vibe of someone else's sound and put it through their filter to create their new sound," says record producer Rick Rubin, whose original, sample-based backing track on Jay-Z's "99 Problems" was replaced by a "Helter Skelter" sample on "The Grey Album." (Rubin says he loves the result.) Given how technology is changing the way the public interacts with art and enabling more people to be creators, Palfrey said, sampling-fueled works "shouldn't be stopped by a set of legal doctrines that no longer make sense." Should Bowie and Holland be able to stop a sampler from using their recordings in a way they find repugnant? Sure, Palfrey says -- but not by using copyright law. Instead, he said, they can rely on other legal doctrines to protect their reputations and ttheir brands. Goldring disagrees, but he's pragmatic about sampling. "Artists should have the absolute right to control their work," he says. "The problem is, how do you control that in the new world? The argument is, all of the fundamentals of copyright law are sound, and all of the fundamentals of copyright law should be enforced to protect artists' rights. Absolutely. [But] what does that mean in a world where everything can be digitized and transmitted around the world at the push of a button?" 'Mash-ups' in the mainstream Fueled by the digital power of the Internet, "mash-ups" like Burton's are making their way into the mainstream, and so are protests against the record companies trying to prevent them. An unauthorized mash-up of Nelly's "Work It" and AC/DC's "Back in Black" that circulated online is in the regular rotation at KIIS-FM, the most listened-to station in Los Angeles. And two other Southern California outlets, KDLD-FM in Santa Monica and KDLE-FM in Newport Beach, have aired mash-ups by Go Home Productions that blend the Sex Pistols with Madonna. "It's all heating up," says Mark Vidler of Watford, England, the man behind Go Home Productions. The field is becoming so popular, he says, a growing number of record companies have come calling with authorized mash-up proj- ects. Downhill Battle's Reville estimates that more than 100,000 copies of "The Grey Album" were downloaded on Feb. 24 alone. That's a remarkable number if it's accurate, but there's no way to know because of limited record-keeping by the Grey Tuesday participants. Eric Garland, chief executive of Big Champagne, a firm that monitors file-sharing networks, says that on Feb. 24 "The Grey Album" "was on a short list of the most popular records, period." Five years ago, widespread acts of civil disobedience against EMI and the Recording Industry Assn. of America because of the way they enforced copyrights would have been inconceivable, says Lessig of Creative Commons. "This is how far the RIAA has pushed the world by its own extreme behavior." Downhill Battle is still considering its next move, Reville says. A spokeswoman for EMI, meanwhile, would say only that the company intends "to protect our artistic content related to this matter to the fullest extent of the law." And EMI is no longer alone in the fight. Sony/ATV Music Publishing, which controls the Beatles' songwriting copyrights, has asked at least one Internet service provider to disconnect a website offering "The Grey Album." The site -- illegal-art.org -- switched Internet providers, got a lawyer and went back online. Weiss of Morrison & Foerster said EMI doesn't have much choice. "The alternative to not pursuing your legal remedies is no one's going to be afraid to infringe," he says. If EMI sues and wins, he adds, "the message that you'll see is, A, you don't do this, and B, if a cease-and-desist is sent, you better [stop] right away." In the meantime, the pro-sampling forces continue to press their case at the grass-roots. A group aligned with Downhill Battle has compiled "The Jay-Z Construction Set," offering musicians a primer on how to make mash-ups on their home computers. The set, which includes "The Grey Album" and other remixes of Jay-Z's work, is circulating through file-sharing networks. "What these technologies are making possible is a new form of expression that is not going to be able to be contained by something as simple as the law and enforcement of the law," says Palfrey of Harvard. He favors allowing works to be sampled while ensuring that the original creator gets paid. The law won't change, though, unless people believe they have a stake in what might otherwise seem to be an arcane legal fight. "The only way this is going to work is if people get a sense for why it matters," Palfrey says. "Real art is being created here." If so, it's art being created in uncharted territory. "A one-off, isolated thing like 'The Grey Album,' yeah, it's interesting," Carter says. "But I think we're going to be getting a lot of it. You're going to get 'The Dark Side of the Moon' album put together with this, 'Sandinista' with Bob Marley. It's gonna be crazy. I think it's gonna get out of control." Bowie has observed parallel conflicts played out and resolved, to some degree, in the world of visual art, where appropriation of one artist's pictorial image by another has led to litigation involving such major names as Robert Rauschenberg and Helmut Newton. He's more philosophical. "It will all slowly sort itself out into some kind of workable mess," he says, "but will continue to be a gray area for years to come. But that is life, isn't it?" Contact the writers at calendar.letters@latimes.com. Descriptors: AUDIO RECORDINGS; COPYRIGHT; DIGITAL TECHNOLOGY; RECORDING INDUSTRY; MUSIC INDUSTRY PHOTO: (no caption) ID NUMBER:20040321huqhh8n1 PHOTOGRAPHER: Stephen Sedam Los Angeles Times PHOTO: (no caption) ID NUMBER:20040321hup6oun1 PHOTOGRAPHER: Stephen Sedam Los Angeles Times ? Copyright 2004 Los Angeles Times From pl1x at earthlink.net Wed Mar 24 13:39:39 2004 From: pl1x at earthlink.net (PeterALopez) Date: Wed Mar 24 10:39:45 2004 Subject: [Rumori] "Banned Music" was L.A. Times - When copyright law meets the 'mash-up' Message-ID: <9704897.1080153579320.JavaMail.root@beaker.psp.pas.earthlink.net> -----Original Message----- From: illegal art Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' Downhill Battle is still considering its next move, Reville says. The Next Move: http://www.bannedmusic.org/ What's funny is Cheap Cologne's Jay-Z Metallica is their newest offer, and someone else had the same idea but didn't know about CC's version: More Jay-Z vs Metallica http://free4.hostrocket.com/~djhalfr/ PeterALopez From lq2 at feministsf.org Wed Mar 24 12:38:55 2004 From: lq2 at feministsf.org (Laura Quilter) Date: Wed Mar 24 12:38:38 2004 Subject: [Rumori] CFP2004 / Berkeley, CA / p2p & copyright programming Message-ID: CFP is in Berkeley (CA) this year & there's a decent amount of programming on copyright / p2p -- compulsory licenses, civil liberties issues relating to suing filesharers, DirecTV lawsuits, DRM around the world, etc. Also other cool stuff on surveillance, cyberliberties, democracy. It would be lovely to have a rumori gathering ... ------------------- Laura Quilter, MLS, JD / lquilter@berkeley.edu Fellow, Samuelson Law, Technology & Public Policy Clinic University of California, Berkeley, Boalt Hall School of Law ------------------------------------------------------------ Computers, Freedom and Privacy 2004 April 20-23, 2004 Berkeley, California (Claremont Hotel) The Fourteenth Conference on Computers, Freedom, and Privacy (CFP2004) is open for registration. Computers, Freedom & Privacy brings together key representatives from government, business, education, and nonprofits to discuss and debate the technology trends and public policy issues affecting privacy and freedom today. CFP explores what is and considers what can be. This year's program reflects the security focus of our post-9-11 environment, the ongoing battles between copyright and technology, and the growing use of the Internet and computing technology in campaigns and elections. It examines where technology is currently headed, and asks where our values should lead it. Panelists will consider whether profiling and data mining can assist in identifying terrorists, and if so, whether it can be accomplished in a manner that protects privacy. Speakers will debate the privacy and liberty implications of suing individual consumers for distributing music and movies online, and explore alternative methods for compensating artists and distributors of copyrighted works. Technologists will discuss the risks posed by current electronic voting systems, and political organizers will discuss the way in which the Internet is shaping political campaigns and issue advocacy. The three day conference is certain to challenge assumptions, raise new questions, and foster continued debate about the role of technology in society and its relation to freedom and privacy. Keynote speakers include David Dill and Brewster Kahle. Seven preconference half-day tutuorials are offered covering topics such as authentication, network surveillance, radio frequency identification tags (RFID), telecommunications policy and consumer privacy notices. Additionally, one preconference full-day Workshop, "Privacy and Civil Liberties Issues in Computing Applications Research and Development" rounds out the offerings. A limited number of need-based scholarships for participation and travel are available to participants from Africa, SE Europe, former Soviet Union states, and SE Asia. http://www.cfp2004.org/ Registration - http://www.regmaster.com/cfp2004.html Program - http://www.cfp2004.org/program/ Tutorials - http://www.cfp2004.org/program/ Workshop - http://www.cfp2004.org/program/ Scholarships - http://www.cfp2004.org/scholarships.html We hope to see you at CFP2004! Deirdre K. Mulligan Chair, CFP2004 Please address all queries to: feedback@cfp2004.org. From steev at detritus.net Wed Mar 24 18:25:27 2004 From: steev at detritus.net (Steev Hise) Date: Wed Mar 24 18:25:35 2004 Subject: [Rumori] "Joywar" Message-ID: ---------- Forwarded message ---------- Date: Wed, 24 Mar 2004 12:33:53 -0800 From: joyeria@walrus.com To: steev@detritus.net Subject: [contact] "Joywar" - from Rhizome Net.Art News ----------------------------------------------------- This message was sent by someone looking at: http://detritus.net/rhizome/art/ from: 12.151.120.88 ----------------------------------------------------- Joywar: The Molotov Years Rhizome.org - Net.Art News - March 8, 2004 http://rhizome.org/netartnews/story.rhiz?timestamp=3D20040308 Recall Toywar, the battle between Zurich-based net collective etoy.com and eToys, a once-profitable but eventually bankrupted toy vendor? Recap: in 1999, the retailer closed down etoy.com, arguing that eToys users who accessed the art site would be offended by its content. In an act of 'electronic civil disobedience,' etoy supporters bombarded eToys.com, overwhelmed its servers, and helped devalue its stock to $1/share. When the dust settled, the commercial giant had lost five billion dollars worth of equity in 81 days and etoy.com retained the rights to its name. Now: Joywar. Artist Joy Garnett, whose paintings sample photojournalism, is being sued by a photographer over 'Molotov,' a reworked, large-scale painting based on an image from 1978. The case hinges on the question of who owns media images, especially those that are supposedly documentarian: after all, if an artist can lay original and exclusive claim to the portrait of a revolutionary hurling a molotov cocktail, we might have pause to wonder on the nature of that captured event. We might also notice the anxiety released when an image is remade and given new meaning, new circulation, and yes, new profit potential. While she awaits the outcome of the suit, whose plaintiff is demanding several thousand dollars, credit, and that she not exhibit or produce the work again, Garnett has removed 'Molotov' from her website. Garnett's peers have initiated a 'Joywar,' and a flourishing campaign to sample, share and remix is underway. It's impossible to list here all of the mirror sites and uses of 'Molotov' that have exploded in the last week or so, but it's clear that many are in favor of the free dissemination and reuse of images and the rights of artists like Garnett to sample. =96 Christine Smallwood http://www.somedancersandmusicians.com/solidarity.html Joywar links: :::::::::::::::::::::: Joywar: Molotov Web ring (last updated 3/24/04 3:38pm EST) Info / blogs / + image/s http://www.alterazione.net/ http://www.dudecheckthisout.com/Blog.aspx?blogId=3D383 http://www.artnet.com/magazine/reviews/green/green3-17-04.asp http://www.artnet.com/magazine/reviews/green/green3-17-6.asp http://www.verybusy.org/v4/index.php?load=3Dinclude/home/home.php http://www.ostili.splinder.it/ http://www.fridgemagnet.org.uk/archives/2004/03/002812.shtml http://home.comcast.net/~aussieintn/ http://samizdat.manilasites.com/l http://italy.indymedia.org/news/2004/03/495780.php http://feed.etoy.com/p301.html http://www.neural.it/nnews/joywar.htm http://www.neural.it/ http://www.lukemelia.com/ http://www.guerrigliamarketing.it/ http://www.guerrigliamarketing.it/news/news.htm http://www.murmurs.com/drupal/?q=3Dimport/feed/3 http://www.yo-yoll.net/ http://www.eyebeam.org/reblog/archives/000420.html http://rhizome.org/netartnews/story.rhiz?timestamp=3D20040308 http://nathanielstern.com/oldblogs/2004_03_07_oldblogs.html#107876584700453= 3 http://groups.msn.com/CyberspaceMegaBrains http://www.ostili.splinder.it http://www.yougenics.net/griffis/ http://www.culturekitchen.com/archives/000555.html http://www.dronecolony.com http://www.somedancersandmusicians.com/solidarity.html Info / linking blogs / bbs http://boingboing.net/text/2004_03_14_guestbar.html http://boingboing.net/ http://www.kjj.it/dams/risorse/copyright.php http://www.artsjournal.com/man/ http://www.netartreview.net/logs/2004_03_07_backlog.html http://www.livejournal.com/users/choiresicha_rss/80368.html http://www.blogigo.de/wiredtexts/entry/6862 http://www.anti-chambre.net/blog//archive.php?id=3D75 http://void.nothingness.org/archives/situationist/display/12857?PHPSESSID= =3Db71f5c 5381634e5515cc69a67fec36f6 http://x-arn.org/bim/ http://www.indiesite.com/ http://www.choiresicha.com/ http://www.rekombinant.org/ http://dongresin.katgyrl.com/ http://www.thing-net.de/cms/wap-d.php http://radiofreeblogistan.com/ http://www.vojir.com/other/exf-rynyvayzy.html http://bbs.thing.net/ Still Images: collage / agitprop http://www.mirror-site.tk/ http://www.yougenics.net/griffis/images/JOY_billboard.jpg http://www.wallcloud.com/molotovpow.html http://www.antiexperience.com/edtang/works/molotov.html http://www.1-900-870-6235.com/Images/PeaceInOurHands.jpg http://www.voyd.com/joywar/joywar.jpg http://art-design.smsu.edu/cooley/molotov/ http://navasse.net/joywar/ http://www.anatomyofhope.net/joy/ http://www.electrichands.com/shanghai-pepsi.jpg http://www.voyd.com/joywar/Index.htm http://www.rssgallery.com/book.htm http://www.voyd.com/joywar/ascii.htm http://www.robertspahr.com/joy/ http://tinjail.com/joy/ Moving Images / interactive http://www.ysagoon.com/diz/web/molotov/ http://www.furtherfield.org/cwebb/screenmoments/molotov.html http://www.naxsmash.net/bloodellipse/text/disastersofwar(molotov).html http://www.anti-chambre.net/joywar/ http://www.sicplacitum.com/arte/molotov.htm http://art-design.smsu.edu/cooley/molotov/ http://544x378.free.fr/(WebTV)/html/molotov.html http://www.gloriousninth.com/piratesofpenzance.html http://www.somedancersandmusicians.com/Some_QuickTime_Movies/art.mov Mirror Images http://www.wallcloud.com/molotov.html http://www.twhid.com/misc/joy/molotov/ http://linkoln.net/molotov.gif http://www.leewells.org/joy/Molotov.html Photo cropped from original, in B&W, (found 3/15/04) uncredited: http://www.haroldpinter.org/politics/politics_america.shtml Original Photo by Susan Meiselas, c.1979: http://www.magnumphotos.com/LowRes/nyc/TR3/MES/82MLABZ/NYC15626.jpg context of original: http://www.magnumphotos.com/c/htm/FramerT_MAG.aspx?Stat=3DPortfolio_DocThum= b&V=3DCDocT&E=3D2K7O3RNNPP0&DT=3DALB + - From valyi at mokk.bme.hu Thu Mar 25 12:03:03 2004 From: valyi at mokk.bme.hu (=?iso-8859-1?B?VuFseWkgR+Fib3I=?=) Date: Thu Mar 25 03:03:22 2004 Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' References: Message-ID: <021801c41258$bf2dac40$a12c4298@R2D2> Dear Rumori folks, i'm relatively new to this list and was reading for a while before saying something dumb. I haven't seen anyone on the list commenting on MTV Mash yet, not even this LA Times journo. Maybe I've missed it, maybe it's because it's on European MTV mutations only. Anyway: the show is a short programme weekly, offering mash ups of hit videos (pink vs the cure). I wonder if they ask for permission/clear copyrights. The thing I find interesting about it is that a part of music industry is jumping on the Mash Up bandwagon. Of course capitalist cultural production was always keen on incorporating (or for you leftists exploit) hip / cool / underground subcultures. Now they do it again (the show usually features short interviews with mash up djs + reports from mash up parties), but it is when pop eats its masters: even MTV promotes the idea of the Mash Up as a popular art form implicitly encouraging people to infringe copyright. They also organize MTV Mash parties europwide with motorola as their main sponsor. Is it the end of the beginning or the beginning of the end? :) (for more info: http://mtvmash.mtv.co.uk/mtvmash/) BTW I'm a PhD student in Budapest, Hungary studying musical sampling from a Cultural Studies perspective. Nice to be with you people! Gabor ----- Original Message ----- From: "illegal art" To: Sent: Wednesday, March 24, 2004 7:25 PM Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' > Los Angeles Times Sunday March 21, 2004 > POP MUSIC > When copyright law meets the 'mash-up' > * Sampling has spawned new art forms -- and a complex battle over how > to treat them. > Home Edition, Sunday Calendar, Page E-1 > Calendar Desk > 82 inches; 2762 words > By Jon Healey and Richard Cromelin, Times Staff Writers > > Record producer Brian Burton knew he'd done something technically > illegal when he electronically blended tracks from the Beatles' > "White Album" and vocals from Jay-Z's "The Black Album" into a CD > called "The Grey Album." > > But he was so excited by the mix of Fab Four riffs and Jay-Z raps > that he badly wanted people to hear it. "When I was finished, it was > the biggest sense of accomplishment I've had over anything," he said. > So in January, the Los Angeles-based Burton, who records as DJ Danger > Mouse, made a couple of thousand copies of the disc and started > mailing them out. > > His wish to be heard has come true many times over, although not in > the way he expected. On Feb. 10 the Beatles' record company, EMI > Music, stopped Burton from distributing "The Grey Album." That action > triggered an online revolt that led tens of thousands of people to > download digital copies of the CD, generating enough buzz to draw > reviews from such mainstream outlets as CNN. > > EMI's move against Danger Mouse was a spectacular backfire in the war > over what's fair when the muse runs afoul of copyright law in the > Digital Age. Technology is making it easier than ever to sample and > rework recordings, and to the chagrin of entertainment companies and > some artists who hold copyrights, the public is showing little > sympathy for their efforts to control original works. > > Fred E. Goldring, a Beverly Hills-based music-industry lawyer, > likened EMI's response to "The Grey Album" to the major labels' > earlier mishandling of the Napster file-sharing service. "By creating > a controversy and trying to shut it down, they actually attracted > more interest in it," Goldring says. "They created their own hell." > He adds, "It became probably the most widely downloaded, underground > indie record, without radio or TV coverage, ever. I think it's a > watershed event." > > That's the dilemma faced by entertainment companies and other > copyright holders in a sampling, file-sharing world. The law may be > black and white, but among artists and audiences, the creative > landscape has been remixed in shades of gray. > > A landmark skirmish > > The main force behind the online release of Burton's album was a > loosely organized confederation of websites and online activists who > believe copyright holders in general, and the major record labels in > particular, have gone too far in trying to enforce their rights. > > To them, "The Grey Album" epitomized how new digital tools allow > artists to build on earlier works in unexpected ways, enriching > society by turning old creations into new ones -- this time by using > the originals as raw material, not just inspiration. > > It's not in the public interest to hold back that kind of creativity, > argued the free-"The Grey Album" forces. So despite threats from > EMI's lawyers, they recruited more than 150 websites to offer > downloadable versions of the work on Feb. 24 as part of a protest > called Grey Tuesday. > > It was a landmark skirmish in a battle that dates to the mid-'80s, > when digital recorders, or "samplers," found their way into studios. > Soon hip-hop artists were routinely borrowing snippets of sounds from > LPs without seeking permission from the artists who recorded them or > from their labels. > > Those freewheeling days didn't last long. Objections from R&B giant > James Brown, among others, forced some samplers to pay for the > material they used. Then, in 1991, a federal judge in New York > staggered the sampling world by granting British songwriter Raymond > "Gilbert" O'Sullivan's request for an injunction against rapper Biz > Markie, who had built a song around samples from O'Sullivan's biggest > U.S. hit, "Alone Again (Naturally)." > > Not only did U.S. District Judge Kevin Thomas Duffy order the > rapper's label to reclaim and destroy every unsold copy of the > offending record, but he also referred the case to the U.S. > attorney's office for possible prosecution. Biz Markie wasn't hauled > back into court, but Duffy had sent a clear -- and chilling -- > message to everyone in the field. > > Today, most copyright experts say that the rule on sampling is pretty > clear. With limited exceptions, artists can't use a recognizable > sample from someone else's recording unless the copyright holder > grants permission. The copyright holder is in the driver's seat, able > to set the price for a sample (ranging from a few hundred dollars to > a share of the revenue from the song) or to withhold permission > entirely. > > The Beatles, for one, have never given their approval to any sampling > requests. Jay-Z, on the other hand, doesn't seem to mind. He released > a vocals-only version of "The Black Album," which was widely viewed > as an open invitation to people like Burton to use his work. (The > Beatles did not respond to requests for comment on "The Grey Album." > Jay-Z was not available but said through a representative, "I applaud > creativity in any form.") > > As Grey Tuesday organizers see it, the law gives copyright owners too > much control, in part because getting permission to sample an > existing work is rarely as simple as one artist calling another and > asking. They tend to peg the artists' record labels as the bad guys > and unsung musicians as the victims. > > "Sampling is something that's been sort of made illegal by the major > labels over the last decade and a half," says Nicholas Reville, > co-founder of Downhill Battle, an independent-music advocacy group > based in Worcester, Mass., that spearheaded efforts to distribute > Burton's work. > > "It sounds hyperbolic, but they really have banned an art form from > the mainstream. This wasn't about getting whatever album for free > just to defy the major labels, it was about making sure that they > weren't able to censor this work of art and about [demonstrating] why > there needs to be a reasonable and practical sampling right." > > "Reasonable" and "practical," though, are somewhat in the eye of the > beholder. Ask Dexter Holland, the lead singer of the Offspring, how > he'd feel if someone mixed his band's hit album "Smash" with, say, > Dylan's "Blonde on Blonde," and he says: "Honestly, I'd be flattered. > I would think that would be a good thing. That's a tough line, like > exactly how can you control your music in all ways and all respects?" > > Of course, if someone sold that remix, "that would be a different > story," the Huntington Beach-based musician says. "But in terms of > just having it, putting it up for people to listen to, I think that's > totally fine." > > Then there's L.A.-based Chris Carter, whose band Dramarama has heard > its song "Anything, Anything" mashed up with Pink's "Get the Party > Started." > > "I think it's extremely clever," he says of "The Grey Album." His > concern is over potential commercial release of such works. "It's the > Beatles' musicianship, songwriting and performing that you're > benefiting from. It's the actual recording. That's what they own. > They own the masters. You can't take something someone else owns." > > Carter, who also hosts the "Breakfast With the Beatles" radio show > Sunday mornings on KLSX-FM (97.1), doesn't buy the argument that > intellectual property falls into a different, less protected category > from "real" property such as a car or a house. > > "It's real property. A master tape, I could hit you over the head > with it. It would hurt." > > But inhibiting creators like Burton would hurt the public more, > argues Creative Commons, which is supplying some of the intellectual > firepower behind the pro-sampling forces. The group of copyright and > technology experts says its mission is "to build a layer of > reasonable, flexible copyright" in what it sees as an increasingly > restrictive environment. > > Board member Lawrence Lessig, a Stanford law professor, says the > group is trying to develop a "sampling license" that recording > artists could use to tell other musicians that their works could be > sampled. The inspiration, he says, came from noted Brazilian singer > and songwriter Gilberto Gil, who wanted other artists to be able to > sample his songs for free. > > Sampling licenses, though, would require the labels to play along. > And so far, Lessig says, they've resisted allowing their artists to > give permission for sampling. The labels often say they're trying to > protect their artists when they sue file-sharing networks and their > users for infringement, so, Lessig says, "If their artists say, 'OK, > fine, I'm happy to have other people remixing my work,' they ought to > respect that too." > > Bowie chimes in > > One reason artists may want to keep White Albums from being mashed > into Grey ones is concern about the integrity of their works. > > "Taking it to extremes," says the Offspring's Holland, "what if > someone took one of your records and put Adolf Hitler over it -- > something you don't believe in and despise? If you really think about > it, if you're OK with it one way, you've got to be OKK with it > always. I think that's part of what free speech is in America. It'd > be a bummer, though." > > David Bowie, whose records are popular material among Internet > music-mashers and mixers, says he reserves the right of refusal > because of just such a possibility. > > "I would always give the artist the chance to present to me what he > wishes to do," says the veteran rock star by e-mail. "I would not > give permission if I felt the work to be morally or politically > repugnant. I would expect to be compensated for the work used. > Outside of that, I'm fairly easygoing, as long as there's some kind > of communication between the artist and myself. I think that is the > important part." > > To some copyright experts, "The Grey Album's" online release was a > direct attack on artists and their moral rights as creators. The > "moral rights" concept, which is strongest in Europe, holds that > artists should have the power to stop their work from being altered > or reused in ways that affect their reputations. Under this view, > even if the Beatles sell their copyrights to EMI, they still have a > moral right to protect the integrity of their recordings. > > Russell G. Weiss, a copyright-law expert at Morrison & Foerster in > Los Angeles, says the concept of moral rights is rarely applied in > the U.S. to music. Still, he says, the idea of uncontrolled sampling > doesn't gibe with the original purpose of American copyright law, > which was "to encourage people to take the time and energy to make > creative works" by enabling them to benefit from their work's > commercial success. Forcing copyright holders to allow others to > sample and transform their work reduces the incentive to create, he > argues. > > Samplers are "kind of trading on someone else's property," Weiss > says. "You shouldn't be forced to allow someone to transform your > work.... You might not want to give other people that leg up, because > you worked so long and hard." > > The pro-sampling forces retort that artists have been building on > their predecessors' efforts for centuries. In a sense, "creativity is > about standing on the shoulders of giants in ways that we haven't > before," said John Palfrey, executive director of the Harvard Law > School Berkman Center for Internet & Society. > > "I don't see why that's so different than the Beatles listening to a > Chuck Berry song or trying to cop a certain vibe of someone else's > sound and put it through their filter to create their new sound," > says record producer Rick Rubin, whose original, sample-based backing > track on Jay-Z's "99 Problems" was replaced by a "Helter Skelter" > sample on "The Grey Album." (Rubin says he loves the result.) > > Given how technology is changing the way the public interacts with > art and enabling more people to be creators, Palfrey said, > sampling-fueled works "shouldn't be stopped by a set of legal > doctrines that no longer make sense." > > Should Bowie and Holland be able to stop a sampler from using their > recordings in a way they find repugnant? Sure, Palfrey says -- but > not by using copyright law. Instead, he said, they can rely on other > legal doctrines to protect their reputations and ttheir brands. > > Goldring disagrees, but he's pragmatic about sampling. > > "Artists should have the absolute right to control their work," he > says. "The problem is, how do you control that in the new world? The > argument is, all of the fundamentals of copyright law are sound, and > all of the fundamentals of copyright law should be enforced to > protect artists' rights. Absolutely. [But] what does that mean in a > world where everything can be digitized and transmitted around the > world at the push of a button?" > > 'Mash-ups' in the mainstream > > Fueled by the digital power of the Internet, "mash-ups" like Burton's > are making their way into the mainstream, and so are protests against > the record companies trying to prevent them. > > An unauthorized mash-up of Nelly's "Work It" and AC/DC's "Back in > Black" that circulated online is in the regular rotation at KIIS-FM, > the most listened-to station in Los Angeles. And two other Southern > California outlets, KDLD-FM in Santa Monica and KDLE-FM in Newport > Beach, have aired mash-ups by Go Home Productions that blend the Sex > Pistols with Madonna. > > "It's all heating up," says Mark Vidler of Watford, England, the man > behind Go Home Productions. The field is becoming so popular, he > says, a growing number of record companies have come calling with > authorized mash-up proj- ects. > > Downhill Battle's Reville estimates that more than 100,000 copies of > "The Grey Album" were downloaded on Feb. 24 alone. That's a > remarkable number if it's accurate, but there's no way to know > because of limited record-keeping by the Grey Tuesday participants. > Eric Garland, chief executive of Big Champagne, a firm that monitors > file-sharing networks, says that on Feb. 24 "The Grey Album" "was on > a short list of the most popular records, period." > > Five years ago, widespread acts of civil disobedience against EMI and > the Recording Industry Assn. of America because of the way they > enforced copyrights would have been inconceivable, says Lessig of > Creative Commons. "This is how far the RIAA has pushed the world by > its own extreme behavior." > > Downhill Battle is still considering its next move, Reville says. A > spokeswoman for EMI, meanwhile, would say only that the company > intends "to protect our artistic content related to this matter to > the fullest extent of the law." And EMI is no longer alone in the > fight. Sony/ATV Music Publishing, which controls the Beatles' > songwriting copyrights, has asked at least one Internet service > provider to disconnect a website offering "The Grey Album." The site > -- illegal-art.org -- switched Internet providers, got a lawyer and > went back online. > > Weiss of Morrison & Foerster said EMI doesn't have much choice. "The > alternative to not pursuing your legal remedies is no one's going to > be afraid to infringe," he says. If EMI sues and wins, he adds, "the > message that you'll see is, A, you don't do this, and B, if a > cease-and-desist is sent, you better [stop] right away." > > In the meantime, the pro-sampling forces continue to press their case > at the grass-roots. > > A group aligned with Downhill Battle has compiled "The Jay-Z > Construction Set," offering musicians a primer on how to make > mash-ups on their home computers. The set, which includes "The Grey > Album" and other remixes of Jay-Z's work, is circulating through > file-sharing networks. > > "What these technologies are making possible is a new form of > expression that is not going to be able to be contained by something > as simple as the law and enforcement of the law," says Palfrey of > Harvard. > > He favors allowing works to be sampled while ensuring that the > original creator gets paid. The law won't change, though, unless > people believe they have a stake in what might otherwise seem to be > an arcane legal fight. > > "The only way this is going to work is if people get a sense for why > it matters," Palfrey says. "Real art is being created here." > > If so, it's art being created in uncharted territory. > > "A one-off, isolated thing like 'The Grey Album,' yeah, it's > interesting," Carter says. "But I think we're going to be getting a > lot of it. You're going to get 'The Dark Side of the Moon' album put > together with this, 'Sandinista' with Bob Marley. It's gonna be > crazy. I think it's gonna get out of control." > > Bowie has observed parallel conflicts played out and resolved, to > some degree, in the world of visual art, where appropriation of one > artist's pictorial image by another has led to litigation involving > such major names as Robert Rauschenberg and Helmut Newton. He's more > philosophical. > > "It will all slowly sort itself out into some kind of workable mess," > he says, "but will continue to be a gray area for years to come. But > that is life, isn't it?" > > Contact the writers at calendar.letters@latimes.com. > > Descriptors: AUDIO RECORDINGS; COPYRIGHT; DIGITAL TECHNOLOGY; > RECORDING INDUSTRY; MUSIC INDUSTRY > > PHOTO: (no caption) > ID NUMBER:20040321huqhh8n1 > PHOTOGRAPHER: Stephen Sedam Los Angeles Times > PHOTO: (no caption) > ID NUMBER:20040321hup6oun1 > PHOTOGRAPHER: Stephen Sedam Los Angeles Times > > ? Copyright 2004 Los Angeles Times > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ From david at locarecords.com Thu Mar 25 11:47:15 2004 From: david at locarecords.com (David) Date: Thu Mar 25 03:49:36 2004 Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' In-Reply-To: <021801c41258$bf2dac40$a12c4298@R2D2> References: <021801c41258$bf2dac40$a12c4298@R2D2> Message-ID: <295CD0E0-7E52-11D8-967D-00039386CBBA@locarecords.com> Hi Gabor, Very interested to hear you are doing a PhD on sampling. You might therefore be interested in our open-source/copyleft record label LOCA records which is online at http://www.locarecords.com Also we really like http://www.libresociety.org who are also studying this from a more academic perspective... Cheers David On 25 Mar 2004, at 11:03, V?lyi G?bor wrote: > Dear Rumori folks, > > i'm relatively new to this list and was reading for a while before > saying > something dumb. > I haven't seen anyone on the list commenting on MTV Mash yet, not > even this > LA Times journo. > Maybe I've missed it, maybe it's because it's on European MTV mutations > only. > > Anyway: the show is a short programme weekly, offering mash ups of hit > videos (pink vs the cure). I wonder if they ask for permission/clear > copyrights. > > The thing I find interesting about it is that a part of music industry > is > jumping on the Mash Up bandwagon. Of course capitalist cultural > production > was always keen on incorporating (or for you leftists exploit) hip / > cool / > underground subcultures. Now they do it again (the show usually > features > short interviews with mash up djs + reports from mash up parties), but > it is > when pop eats its masters: even MTV promotes the idea of the Mash Up > as a > popular art form implicitly encouraging people to infringe copyright. > They > also organize MTV Mash parties europwide with motorola as their main > sponsor. > > Is it the end of the beginning or the beginning of the end? > > :) > > (for more info: http://mtvmash.mtv.co.uk/mtvmash/) > > BTW I'm a PhD student in Budapest, Hungary studying musical sampling > from a > Cultural Studies perspective. Nice to be with you people! > > Gabor >> --------THE OPEN SOURCE RECORD LABEL-------- L O C A R E C O R D S Stick to What You Don't Know? http://www.locarecords.com From anthonyh at epic.co.uk Thu Mar 25 12:40:29 2004 From: anthonyh at epic.co.uk (Anthony Hall) Date: Thu Mar 25 04:42:45 2004 Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' In-Reply-To: <021801c41258$bf2dac40$a12c4298@R2D2> References: Message-ID: <5.2.0.9.0.20040325122154.027b7070@post.epic.co.uk> One thing that should be noted about this is that it is only the mis-profiting from mash-ups that is actually illigal, i.e. the "masher-upper" (sorry) as opposed to all copyrighted parties getting their fair share. If, for example, I played a mash up track on the radio or MTV - the playlist could / would state the two individual artists used, rather than any composite artist. Everyone that holds the copyright will get their rightful payment. Like a remixer, the masher-upper (sorry again), legally is entitled to no royalty, which explains why MTV can latch on to this scene so easily as they already have the broadcast quality videos, the blanket permissions to broadcast, the editing facilities and contacts to musicians and video artists. Also note that MTV were making video-mashes (30min mixes) well before MTV Mash came along - they just put 2 and 2 together and came up with 5. afaik, therefore no-one has a problem with it because everyone's being paid. (bar the masher, unless MTV are giving them a token payment - hence the interviews, as it gives them something tangible they can be paid for - ahh, accounting procedures, doncha just love 'em). -- ant you wrote: >Dear Rumori folks, > >i'm relatively new to this list and was reading for a while before saying >something dumb. > I haven't seen anyone on the list commenting on MTV Mash yet, not even this >LA Times journo. >Maybe I've missed it, maybe it's because it's on European MTV mutations >only. > >Anyway: the show is a short programme weekly, offering mash ups of hit >videos (pink vs the cure). I wonder if they ask for permission/clear >copyrights. > >The thing I find interesting about it is that a part of music industry is >jumping on the Mash Up bandwagon. Of course capitalist cultural production >was always keen on incorporating (or for you leftists exploit) hip / cool / >underground subcultures. Now they do it again (the show usually features >short interviews with mash up djs + reports from mash up parties), but it is >when pop eats its masters: even MTV promotes the idea of the Mash Up as a >popular art form implicitly encouraging people to infringe copyright. They >also organize MTV Mash parties europwide with motorola as their main >sponsor. > >Is it the end of the beginning or the beginning of the end? > >:) > >(for more info: http://mtvmash.mtv.co.uk/mtvmash/) > >BTW I'm a PhD student in Budapest, Hungary studying musical sampling from a >Cultural Studies perspective. Nice to be with you people! > >Gabor > > > >----- Original Message ----- >From: "illegal art" >To: >Sent: Wednesday, March 24, 2004 7:25 PM >Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' > > > > Los Angeles Times Sunday March 21, 2004 > > POP MUSIC > > When copyright law meets the 'mash-up' > > * Sampling has spawned new art forms -- and a complex battle over how > > to treat them. > > Home Edition, Sunday Calendar, Page E-1 > > Calendar Desk > > 82 inches; 2762 words > > By Jon Healey and Richard Cromelin, Times Staff Writers > > > > Record producer Brian Burton knew he'd done something technically > > illegal when he electronically blended tracks from the Beatles' > > "White Album" and vocals from Jay-Z's "The Black Album" into a CD > > called "The Grey Album." > > > > But he was so excited by the mix of Fab Four riffs and Jay-Z raps > > that he badly wanted people to hear it. "When I was finished, it was > > the biggest sense of accomplishment I've had over anything," he said. > > So in January, the Los Angeles-based Burton, who records as DJ Danger > > Mouse, made a couple of thousand copies of the disc and started > > mailing them out. > > > > His wish to be heard has come true many times over, although not in > > the way he expected. On Feb. 10 the Beatles' record company, EMI > > Music, stopped Burton from distributing "The Grey Album." That action > > triggered an online revolt that led tens of thousands of people to > > download digital copies of the CD, generating enough buzz to draw > > reviews from such mainstream outlets as CNN. > > > > EMI's move against Danger Mouse was a spectacular backfire in the war > > over what's fair when the muse runs afoul of copyright law in the > > Digital Age. Technology is making it easier than ever to sample and > > rework recordings, and to the chagrin of entertainment companies and > > some artists who hold copyrights, the public is showing little > > sympathy for their efforts to control original works. > > > > Fred E. Goldring, a Beverly Hills-based music-industry lawyer, > > likened EMI's response to "The Grey Album" to the major labels' > > earlier mishandling of the Napster file-sharing service. "By creating > > a controversy and trying to shut it down, they actually attracted > > more interest in it," Goldring says. "They created their own hell." > > He adds, "It became probably the most widely downloaded, underground > > indie record, without radio or TV coverage, ever. I think it's a > > watershed event." > > > > That's the dilemma faced by entertainment companies and other > > copyright holders in a sampling, file-sharing world. The law may be > > black and white, but among artists and audiences, the creative > > landscape has been remixed in shades of gray. > > > > A landmark skirmish > > > > The main force behind the online release of Burton's album was a > > loosely organized confederation of websites and online activists who > > believe copyright holders in general, and the major record labels in > > particular, have gone too far in trying to enforce their rights. > > > > To them, "The Grey Album" epitomized how new digital tools allow > > artists to build on earlier works in unexpected ways, enriching > > society by turning old creations into new ones -- this time by using > > the originals as raw material, not just inspiration. > > > > It's not in the public interest to hold back that kind of creativity, > > argued the free-"The Grey Album" forces. So despite threats from > > EMI's lawyers, they recruited more than 150 websites to offer > > downloadable versions of the work on Feb. 24 as part of a protest > > called Grey Tuesday. > > > > It was a landmark skirmish in a battle that dates to the mid-'80s, > > when digital recorders, or "samplers," found their way into studios. > > Soon hip-hop artists were routinely borrowing snippets of sounds from > > LPs without seeking permission from the artists who recorded them or > > from their labels. > > > > Those freewheeling days didn't last long. Objections from R&B giant > > James Brown, among others, forced some samplers to pay for the > > material they used. Then, in 1991, a federal judge in New York > > staggered the sampling world by granting British songwriter Raymond > > "Gilbert" O'Sullivan's request for an injunction against rapper Biz > > Markie, who had built a song around samples from O'Sullivan's biggest > > U.S. hit, "Alone Again (Naturally)." > > > > Not only did U.S. District Judge Kevin Thomas Duffy order the > > rapper's label to reclaim and destroy every unsold copy of the > > offending record, but he also referred the case to the U.S. > > attorney's office for possible prosecution. Biz Markie wasn't hauled > > back into court, but Duffy had sent a clear -- and chilling -- > > message to everyone in the field. > > > > Today, most copyright experts say that the rule on sampling is pretty > > clear. With limited exceptions, artists can't use a recognizable > > sample from someone else's recording unless the copyright holder > > grants permission. The copyright holder is in the driver's seat, able > > to set the price for a sample (ranging from a few hundred dollars to > > a share of the revenue from the song) or to withhold permission > > entirely. > > > > The Beatles, for one, have never given their approval to any sampling > > requests. Jay-Z, on the other hand, doesn't seem to mind. He released > > a vocals-only version of "The Black Album," which was widely viewed > > as an open invitation to people like Burton to use his work. (The > > Beatles did not respond to requests for comment on "The Grey Album." > > Jay-Z was not available but said through a representative, "I applaud > > creativity in any form.") > > > > As Grey Tuesday organizers see it, the law gives copyright owners too > > much control, in part because getting permission to sample an > > existing work is rarely as simple as one artist calling another and > > asking. They tend to peg the artists' record labels as the bad guys > > and unsung musicians as the victims. > > > > "Sampling is something that's been sort of made illegal by the major > > labels over the last decade and a half," says Nicholas Reville, > > co-founder of Downhill Battle, an independent-music advocacy group > > based in Worcester, Mass., that spearheaded efforts to distribute > > Burton's work. > > > > "It sounds hyperbolic, but they really have banned an art form from > > the mainstream. This wasn't about getting whatever album for free > > just to defy the major labels, it was about making sure that they > > weren't able to censor this work of art and about [demonstrating] why > > there needs to be a reasonable and practical sampling right." > > > > "Reasonable" and "practical," though, are somewhat in the eye of the > > beholder. Ask Dexter Holland, the lead singer of the Offspring, how > > he'd feel if someone mixed his band's hit album "Smash" with, say, > > Dylan's "Blonde on Blonde," and he says: "Honestly, I'd be flattered. > > I would think that would be a good thing. That's a tough line, like > > exactly how can you control your music in all ways and all respects?" > > > > Of course, if someone sold that remix, "that would be a different > > story," the Huntington Beach-based musician says. "But in terms of > > just having it, putting it up for people to listen to, I think that's > > totally fine." > > > > Then there's L.A.-based Chris Carter, whose band Dramarama has heard > > its song "Anything, Anything" mashed up with Pink's "Get the Party > > Started." > > > > "I think it's extremely clever," he says of "The Grey Album." His > > concern is over potential commercial release of such works. "It's the > > Beatles' musicianship, songwriting and performing that you're > > benefiting from. It's the actual recording. That's what they own. > > They own the masters. You can't take something someone else owns." > > > > Carter, who also hosts the "Breakfast With the Beatles" radio show > > Sunday mornings on KLSX-FM (97.1), doesn't buy the argument that > > intellectual property falls into a different, less protected category > > from "real" property such as a car or a house. > > > > "It's real property. A master tape, I could hit you over the head > > with it. It would hurt." > > > > But inhibiting creators like Burton would hurt the public more, > > argues Creative Commons, which is supplying some of the intellectual > > firepower behind the pro-sampling forces. The group of copyright and > > technology experts says its mission is "to build a layer of > > reasonable, flexible copyright" in what it sees as an increasingly > > restrictive environment. > > > > Board member Lawrence Lessig, a Stanford law professor, says the > > group is trying to develop a "sampling license" that recording > > artists could use to tell other musicians that their works could be > > sampled. The inspiration, he says, came from noted Brazilian singer > > and songwriter Gilberto Gil, who wanted other artists to be able to > > sample his songs for free. > > > > Sampling licenses, though, would require the labels to play along. > > And so far, Lessig says, they've resisted allowing their artists to > > give permission for sampling. The labels often say they're trying to > > protect their artists when they sue file-sharing networks and their > > users for infringement, so, Lessig says, "If their artists say, 'OK, > > fine, I'm happy to have other people remixing my work,' they ought to > > respect that too." > > > > Bowie chimes in > > > > One reason artists may want to keep White Albums from being mashed > > into Grey ones is concern about the integrity of their works. > > > > "Taking it to extremes," says the Offspring's Holland, "what if > > someone took one of your records and put Adolf Hitler over it -- > > something you don't believe in and despise? If you really think about > > it, if you're OK with it one way, you've got to be OKK with it > > always. I think that's part of what free speech is in America. It'd > > be a bummer, though." > > > > David Bowie, whose records are popular material among Internet > > music-mashers and mixers, says he reserves the right of refusal > > because of just such a possibility. > > > > "I would always give the artist the chance to present to me what he > > wishes to do," says the veteran rock star by e-mail. "I would not > > give permission if I felt the work to be morally or politically > > repugnant. I would expect to be compensated for the work used. > > Outside of that, I'm fairly easygoing, as long as there's some kind > > of communication between the artist and myself. I think that is the > > important part." > > > > To some copyright experts, "The Grey Album's" online release was a > > direct attack on artists and their moral rights as creators. The > > "moral rights" concept, which is strongest in Europe, holds that > > artists should have the power to stop their work from being altered > > or reused in ways that affect their reputations. Under this view, > > even if the Beatles sell their copyrights to EMI, they still have a > > moral right to protect the integrity of their recordings. > > > > Russell G. Weiss, a copyright-law expert at Morrison & Foerster in > > Los Angeles, says the concept of moral rights is rarely applied in > > the U.S. to music. Still, he says, the idea of uncontrolled sampling > > doesn't gibe with the original purpose of American copyright law, > > which was "to encourage people to take the time and energy to make > > creative works" by enabling them to benefit from their work's > > commercial success. Forcing copyright holders to allow others to > > sample and transform their work reduces the incentive to create, he > > argues. > > > > Samplers are "kind of trading on someone else's property," Weiss > > says. "You shouldn't be forced to allow someone to transform your > > work.... You might not want to give other people that leg up, because > > you worked so long and hard." > > > > The pro-sampling forces retort that artists have been building on > > their predecessors' efforts for centuries. In a sense, "creativity is > > about standing on the shoulders of giants in ways that we haven't > > before," said John Palfrey, executive director of the Harvard Law > > School Berkman Center for Internet & Society. > > > > "I don't see why that's so different than the Beatles listening to a > > Chuck Berry song or trying to cop a certain vibe of someone else's > > sound and put it through their filter to create their new sound," > > says record producer Rick Rubin, whose original, sample-based backing > > track on Jay-Z's "99 Problems" was replaced by a "Helter Skelter" > > sample on "The Grey Album." (Rubin says he loves the result.) > > > > Given how technology is changing the way the public interacts with > > art and enabling more people to be creators, Palfrey said, > > sampling-fueled works "shouldn't be stopped by a set of legal > > doctrines that no longer make sense." > > > > Should Bowie and Holland be able to stop a sampler from using their > > recordings in a way they find repugnant? Sure, Palfrey says -- but > > not by using copyright law. Instead, he said, they can rely on other > > legal doctrines to protect their reputations and ttheir brands. > > > > Goldring disagrees, but he's pragmatic about sampling. > > > > "Artists should have the absolute right to control their work," he > > says. "The problem is, how do you control that in the new world? The > > argument is, all of the fundamentals of copyright law are sound, and > > all of the fundamentals of copyright law should be enforced to > > protect artists' rights. Absolutely. [But] what does that mean in a > > world where everything can be digitized and transmitted around the > > world at the push of a button?" > > > > 'Mash-ups' in the mainstream > > > > Fueled by the digital power of the Internet, "mash-ups" like Burton's > > are making their way into the mainstream, and so are protests against > > the record companies trying to prevent them. > > > > An unauthorized mash-up of Nelly's "Work It" and AC/DC's "Back in > > Black" that circulated online is in the regular rotation at KIIS-FM, > > the most listened-to station in Los Angeles. And two other Southern > > California outlets, KDLD-FM in Santa Monica and KDLE-FM in Newport > > Beach, have aired mash-ups by Go Home Productions that blend the Sex > > Pistols with Madonna. > > > > "It's all heating up," says Mark Vidler of Watford, England, the man > > behind Go Home Productions. The field is becoming so popular, he > > says, a growing number of record companies have come calling with > > authorized mash-up proj- ects. > > > > Downhill Battle's Reville estimates that more than 100,000 copies of > > "The Grey Album" were downloaded on Feb. 24 alone. That's a > > remarkable number if it's accurate, but there's no way to know > > because of limited record-keeping by the Grey Tuesday participants. > > Eric Garland, chief executive of Big Champagne, a firm that monitors > > file-sharing networks, says that on Feb. 24 "The Grey Album" "was on > > a short list of the most popular records, period." > > > > Five years ago, widespread acts of civil disobedience against EMI and > > the Recording Industry Assn. of America because of the way they > > enforced copyrights would have been inconceivable, says Lessig of > > Creative Commons. "This is how far the RIAA has pushed the world by > > its own extreme behavior." > > > > Downhill Battle is still considering its next move, Reville says. A > > spokeswoman for EMI, meanwhile, would say only that the company > > intends "to protect our artistic content related to this matter to > > the fullest extent of the law." And EMI is no longer alone in the > > fight. Sony/ATV Music Publishing, which controls the Beatles' > > songwriting copyrights, has asked at least one Internet service > > provider to disconnect a website offering "The Grey Album." The site > > -- illegal-art.org -- switched Internet providers, got a lawyer and > > went back online. > > > > Weiss of Morrison & Foerster said EMI doesn't have much choice. "The > > alternative to not pursuing your legal remedies is no one's going to > > be afraid to infringe," he says. If EMI sues and wins, he adds, "the > > message that you'll see is, A, you don't do this, and B, if a > > cease-and-desist is sent, you better [stop] right away." > > > > In the meantime, the pro-sampling forces continue to press their case > > at the grass-roots. > > > > A group aligned with Downhill Battle has compiled "The Jay-Z > > Construction Set," offering musicians a primer on how to make > > mash-ups on their home computers. The set, which includes "The Grey > > Album" and other remixes of Jay-Z's work, is circulating through > > file-sharing networks. > > > > "What these technologies are making possible is a new form of > > expression that is not going to be able to be contained by something > > as simple as the law and enforcement of the law," says Palfrey of > > Harvard. > > > > He favors allowing works to be sampled while ensuring that the > > original creator gets paid. The law won't change, though, unless > > people believe they have a stake in what might otherwise seem to be > > an arcane legal fight. > > > > "The only way this is going to work is if people get a sense for why > > it matters," Palfrey says. "Real art is being created here." > > > > If so, it's art being created in uncharted territory. > > > > "A one-off, isolated thing like 'The Grey Album,' yeah, it's > > interesting," Carter says. "But I think we're going to be getting a > > lot of it. You're going to get 'The Dark Side of the Moon' album put > > together with this, 'Sandinista' with Bob Marley. It's gonna be > > crazy. I think it's gonna get out of control." > > > > Bowie has observed parallel conflicts played out and resolved, to > > some degree, in the world of visual art, where appropriation of one > > artist's pictorial image by another has led to litigation involving > > such major names as Robert Rauschenberg and Helmut Newton. He's more > > philosophical. > > > > "It will all slowly sort itself out into some kind of workable mess," > > he says, "but will continue to be a gray area for years to come. But > > that is life, isn't it?" > > > > Contact the writers at calendar.letters@latimes.com. > > > > Descriptors: AUDIO RECORDINGS; COPYRIGHT; DIGITAL TECHNOLOGY; > > RECORDING INDUSTRY; MUSIC INDUSTRY > > > > PHOTO: (no caption) > > ID NUMBER:20040321huqhh8n1 > > PHOTOGRAPHER: Stephen Sedam Los Angeles Times > > PHOTO: (no caption) > > ID NUMBER:20040321hup6oun1 > > PHOTOGRAPHER: Stephen Sedam Los Angeles Times > > > > ? Copyright 2004 Los Angeles Times > > > > _______________________________________________ > > Rumori mailing list > > Rumori@detritus.net > > http://detritus.net/mailman/listinfo/rumori > > older archives: http://detritus.net/contact/rumori/ > > >_______________________________________________ >Rumori mailing list >Rumori@detritus.net >http://detritus.net/mailman/listinfo/rumori >older archives: http://detritus.net/contact/rumori/ From pl1x at earthlink.net Thu Mar 25 13:45:59 2004 From: pl1x at earthlink.net (PeterALopez) Date: Thu Mar 25 13:46:04 2004 Subject: [Rumori] Lessig's "Free Culture" Message-ID: <21961578.1080251159802.JavaMail.root@bert.psp.pas.earthlink.net> /. Book review. http://books.slashdot.org/books/04/03/25/1832240.shtml?tid=103&tid=123&tid=188&tid=192&tid=99 Free Culture as in speech not beer as the quote goes. and yet here it is as in free beer. http://cyberlaw-temp.stanford.edu/freeculture.pdf From valyi at mokk.bme.hu Fri Mar 26 00:38:36 2004 From: valyi at mokk.bme.hu (=?iso-8859-1?B?VuFseWkgR+Fib3I=?=) Date: Thu Mar 25 15:38:53 2004 Subject: [Rumori] Lessig's "Free Culture" References: <21961578.1080251159802.JavaMail.root@bert.psp.pas.earthlink.net> Message-ID: <002001c412c2$4bfaf5b0$a12c4298@R2D2> And there is more for those who spend sleepless nights reading stuff on our favourite topics. There's some links to articles on sampling and/or copyright that i've collected for the course I teach on the cultural history of recorded music: http://mokk.bme.hu/~valyi/rogzitett/12.htm keep on, G ----- Original Message ----- From: "PeterALopez" To: Sent: Thursday, March 25, 2004 10:45 PM Subject: [Rumori] Lessig's "Free Culture" > /. Book review. > http://books.slashdot.org/books/04/03/25/1832240.shtml?tid=103&tid=123&tid=1 88&tid=192&tid=99 > > Free Culture as in speech not beer as the quote goes. > and yet here it is as in free beer. > http://cyberlaw-temp.stanford.edu/freeculture.pdf > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ From valyi at mokk.bme.hu Fri Mar 26 01:08:55 2004 From: valyi at mokk.bme.hu (=?iso-8859-1?B?VuFseWkgR+Fib3I=?=) Date: Thu Mar 25 16:09:15 2004 Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' References: <5.2.0.9.0.20040325122154.027b7070@post.epic.co.uk> Message-ID: <002801c412c6$889d95f0$a12c4298@R2D2> not paying the masher-upper / sharing the money between the owners of the hi-jacked originals explains a lot. however, I still think having shows like this give a lot of people - who are usually not exposed to ideas / compositional aesthetics that float around on marginal forums such as this list - the right idea about what they can do with their computers and CD/mp3 collections. (vinylheads like me tend to know :) however if all these people start recycling crap media content and make big media corporates and "copyright owners" even richer while they don't earn any money than we'll face some frightening days. luckily I'm not so paranoid yet that I would believe in such an evil hidden agenda :) "imagine all the people living for" mashing up mickey mouse with 50 cent... :) g ----- Original Message ----- From: "Anthony Hall" To: "Detritus discussion list." Sent: Thursday, March 25, 2004 1:40 PM Subject: Re: [Rumori] L.A. Times - When copyright law meets the 'mash-up' One thing that should be noted about this is that it is only the mis-profiting from mash-ups that is actually illigal, i.e. the "masher-upper" (sorry) as opposed to all copyrighted parties getting their fair share. If, for example, I played a mash up track on the radio or MTV - the playlist could / would state the two individual artists used, rather than any composite artist. Everyone that holds the copyright will get their rightful payment. Like a remixer, the masher-upper (sorry again), legally is entitled to no royalty, which explains why MTV can latch on to this scene so easily as they already have the broadcast quality videos, the blanket permissions to broadcast, the editing facilities and contacts to musicians and video artists. Also note that MTV were making video-mashes (30min mixes) well before MTV Mash came along - they just put 2 and 2 together and came up with 5. afaik, therefore no-one has a problem with it because everyone's being paid. (bar the masher, unless MTV are giving them a token payment - hence the interviews, as it gives them something tangible they can be paid for - ahh, accounting procedures, doncha just love 'em). -- ant you wrote: >Dear Rumori folks, > >i'm relatively new to this list and was reading for a while before saying >something dumb. > I haven't seen anyone on the list commenting on MTV Mash yet, not even this >LA Times journo. >Maybe I've missed it, maybe it's because it's on European MTV mutations >only. > >Anyway: the show is a short programme weekly, offering mash ups of hit >videos (pink vs the cure). I wonder if they ask for permission/clear >copyrights. > >The thing I find interesting about it is that a part of music industry is >jumping on the Mash Up bandwagon. Of course capitalist cultural production >was always keen on incorporating (or for you leftists exploit) hip / cool / >underground subcultures. Now they do it again (the show usually features >short interviews with mash up djs + reports from mash up parties), but it is >when pop eats its masters: even MTV promotes the idea of the Mash Up as a >popular art form implicitly encouraging people to infringe copyright. They >also organize MTV Mash parties europwide with motorola as their main >sponsor. > >Is it the end of the beginning or the beginning of the end? > >:) > >(for more info: http://mtvmash.mtv.co.uk/mtvmash/) > >BTW I'm a PhD student in Budapest, Hungary studying musical sampling from a >Cultural Studies perspective. Nice to be with you people! > >Gabor > > > >----- Original Message ----- >From: "illegal art" >To: >Sent: Wednesday, March 24, 2004 7:25 PM >Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' > > > > Los Angeles Times Sunday March 21, 2004 > > POP MUSIC > > When copyright law meets the 'mash-up' > > * Sampling has spawned new art forms -- and a complex battle over how > > to treat them. > > Home Edition, Sunday Calendar, Page E-1 > > Calendar Desk > > 82 inches; 2762 words > > By Jon Healey and Richard Cromelin, Times Staff Writers > > > > Record producer Brian Burton knew he'd done something technically > > illegal when he electronically blended tracks from the Beatles' > > "White Album" and vocals from Jay-Z's "The Black Album" into a CD > > called "The Grey Album." > > > > But he was so excited by the mix of Fab Four riffs and Jay-Z raps > > that he badly wanted people to hear it. "When I was finished, it was > > the biggest sense of accomplishment I've had over anything," he said. > > So in January, the Los Angeles-based Burton, who records as DJ Danger > > Mouse, made a couple of thousand copies of the disc and started > > mailing them out. > > > > His wish to be heard has come true many times over, although not in > > the way he expected. On Feb. 10 the Beatles' record company, EMI > > Music, stopped Burton from distributing "The Grey Album." That action > > triggered an online revolt that led tens of thousands of people to > > download digital copies of the CD, generating enough buzz to draw > > reviews from such mainstream outlets as CNN. > > > > EMI's move against Danger Mouse was a spectacular backfire in the war > > over what's fair when the muse runs afoul of copyright law in the > > Digital Age. Technology is making it easier than ever to sample and > > rework recordings, and to the chagrin of entertainment companies and > > some artists who hold copyrights, the public is showing little > > sympathy for their efforts to control original works. > > > > Fred E. Goldring, a Beverly Hills-based music-industry lawyer, > > likened EMI's response to "The Grey Album" to the major labels' > > earlier mishandling of the Napster file-sharing service. "By creating > > a controversy and trying to shut it down, they actually attracted > > more interest in it," Goldring says. "They created their own hell." > > He adds, "It became probably the most widely downloaded, underground > > indie record, without radio or TV coverage, ever. I think it's a > > watershed event." > > > > That's the dilemma faced by entertainment companies and other > > copyright holders in a sampling, file-sharing world. The law may be > > black and white, but among artists and audiences, the creative > > landscape has been remixed in shades of gray. > > > > A landmark skirmish > > > > The main force behind the online release of Burton's album was a > > loosely organized confederation of websites and online activists who > > believe copyright holders in general, and the major record labels in > > particular, have gone too far in trying to enforce their rights. > > > > To them, "The Grey Album" epitomized how new digital tools allow > > artists to build on earlier works in unexpected ways, enriching > > society by turning old creations into new ones -- this time by using > > the originals as raw material, not just inspiration. > > > > It's not in the public interest to hold back that kind of creativity, > > argued the free-"The Grey Album" forces. So despite threats from > > EMI's lawyers, they recruited more than 150 websites to offer > > downloadable versions of the work on Feb. 24 as part of a protest > > called Grey Tuesday. > > > > It was a landmark skirmish in a battle that dates to the mid-'80s, > > when digital recorders, or "samplers," found their way into studios. > > Soon hip-hop artists were routinely borrowing snippets of sounds from > > LPs without seeking permission from the artists who recorded them or > > from their labels. > > > > Those freewheeling days didn't last long. Objections from R&B giant > > James Brown, among others, forced some samplers to pay for the > > material they used. Then, in 1991, a federal judge in New York > > staggered the sampling world by granting British songwriter Raymond > > "Gilbert" O'Sullivan's request for an injunction against rapper Biz > > Markie, who had built a song around samples from O'Sullivan's biggest > > U.S. hit, "Alone Again (Naturally)." > > > > Not only did U.S. District Judge Kevin Thomas Duffy order the > > rapper's label to reclaim and destroy every unsold copy of the > > offending record, but he also referred the case to the U.S. > > attorney's office for possible prosecution. Biz Markie wasn't hauled > > back into court, but Duffy had sent a clear -- and chilling -- > > message to everyone in the field. > > > > Today, most copyright experts say that the rule on sampling is pretty > > clear. With limited exceptions, artists can't use a recognizable > > sample from someone else's recording unless the copyright holder > > grants permission. The copyright holder is in the driver's seat, able > > to set the price for a sample (ranging from a few hundred dollars to > > a share of the revenue from the song) or to withhold permission > > entirely. > > > > The Beatles, for one, have never given their approval to any sampling > > requests. Jay-Z, on the other hand, doesn't seem to mind. He released > > a vocals-only version of "The Black Album," which was widely viewed > > as an open invitation to people like Burton to use his work. (The > > Beatles did not respond to requests for comment on "The Grey Album." > > Jay-Z was not available but said through a representative, "I applaud > > creativity in any form.") > > > > As Grey Tuesday organizers see it, the law gives copyright owners too > > much control, in part because getting permission to sample an > > existing work is rarely as simple as one artist calling another and > > asking. They tend to peg the artists' record labels as the bad guys > > and unsung musicians as the victims. > > > > "Sampling is something that's been sort of made illegal by the major > > labels over the last decade and a half," says Nicholas Reville, > > co-founder of Downhill Battle, an independent-music advocacy group > > based in Worcester, Mass., that spearheaded efforts to distribute > > Burton's work. > > > > "It sounds hyperbolic, but they really have banned an art form from > > the mainstream. This wasn't about getting whatever album for free > > just to defy the major labels, it was about making sure that they > > weren't able to censor this work of art and about [demonstrating] why > > there needs to be a reasonable and practical sampling right." > > > > "Reasonable" and "practical," though, are somewhat in the eye of the > > beholder. Ask Dexter Holland, the lead singer of the Offspring, how > > he'd feel if someone mixed his band's hit album "Smash" with, say, > > Dylan's "Blonde on Blonde," and he says: "Honestly, I'd be flattered. > > I would think that would be a good thing. That's a tough line, like > > exactly how can you control your music in all ways and all respects?" > > > > Of course, if someone sold that remix, "that would be a different > > story," the Huntington Beach-based musician says. "But in terms of > > just having it, putting it up for people to listen to, I think that's > > totally fine." > > > > Then there's L.A.-based Chris Carter, whose band Dramarama has heard > > its song "Anything, Anything" mashed up with Pink's "Get the Party > > Started." > > > > "I think it's extremely clever," he says of "The Grey Album." His > > concern is over potential commercial release of such works. "It's the > > Beatles' musicianship, songwriting and performing that you're > > benefiting from. It's the actual recording. That's what they own. > > They own the masters. You can't take something someone else owns." > > > > Carter, who also hosts the "Breakfast With the Beatles" radio show > > Sunday mornings on KLSX-FM (97.1), doesn't buy the argument that > > intellectual property falls into a different, less protected category > > from "real" property such as a car or a house. > > > > "It's real property. A master tape, I could hit you over the head > > with it. It would hurt." > > > > But inhibiting creators like Burton would hurt the public more, > > argues Creative Commons, which is supplying some of the intellectual > > firepower behind the pro-sampling forces. The group of copyright and > > technology experts says its mission is "to build a layer of > > reasonable, flexible copyright" in what it sees as an increasingly > > restrictive environment. > > > > Board member Lawrence Lessig, a Stanford law professor, says the > > group is trying to develop a "sampling license" that recording > > artists could use to tell other musicians that their works could be > > sampled. The inspiration, he says, came from noted Brazilian singer > > and songwriter Gilberto Gil, who wanted other artists to be able to > > sample his songs for free. > > > > Sampling licenses, though, would require the labels to play along. > > And so far, Lessig says, they've resisted allowing their artists to > > give permission for sampling. The labels often say they're trying to > > protect their artists when they sue file-sharing networks and their > > users for infringement, so, Lessig says, "If their artists say, 'OK, > > fine, I'm happy to have other people remixing my work,' they ought to > > respect that too." > > > > Bowie chimes in > > > > One reason artists may want to keep White Albums from being mashed > > into Grey ones is concern about the integrity of their works. > > > > "Taking it to extremes," says the Offspring's Holland, "what if > > someone took one of your records and put Adolf Hitler over it -- > > something you don't believe in and despise? If you really think about > > it, if you're OK with it one way, you've got to be OKK with it > > always. I think that's part of what free speech is in America. It'd > > be a bummer, though." > > > > David Bowie, whose records are popular material among Internet > > music-mashers and mixers, says he reserves the right of refusal > > because of just such a possibility. > > > > "I would always give the artist the chance to present to me what he > > wishes to do," says the veteran rock star by e-mail. "I would not > > give permission if I felt the work to be morally or politically > > repugnant. I would expect to be compensated for the work used. > > Outside of that, I'm fairly easygoing, as long as there's some kind > > of communication between the artist and myself. I think that is the > > important part." > > > > To some copyright experts, "The Grey Album's" online release was a > > direct attack on artists and their moral rights as creators. The > > "moral rights" concept, which is strongest in Europe, holds that > > artists should have the power to stop their work from being altered > > or reused in ways that affect their reputations. Under this view, > > even if the Beatles sell their copyrights to EMI, they still have a > > moral right to protect the integrity of their recordings. > > > > Russell G. Weiss, a copyright-law expert at Morrison & Foerster in > > Los Angeles, says the concept of moral rights is rarely applied in > > the U.S. to music. Still, he says, the idea of uncontrolled sampling > > doesn't gibe with the original purpose of American copyright law, > > which was "to encourage people to take the time and energy to make > > creative works" by enabling them to benefit from their work's > > commercial success. Forcing copyright holders to allow others to > > sample and transform their work reduces the incentive to create, he > > argues. > > > > Samplers are "kind of trading on someone else's property," Weiss > > says. "You shouldn't be forced to allow someone to transform your > > work.... You might not want to give other people that leg up, because > > you worked so long and hard." > > > > The pro-sampling forces retort that artists have been building on > > their predecessors' efforts for centuries. In a sense, "creativity is > > about standing on the shoulders of giants in ways that we haven't > > before," said John Palfrey, executive director of the Harvard Law > > School Berkman Center for Internet & Society. > > > > "I don't see why that's so different than the Beatles listening to a > > Chuck Berry song or trying to cop a certain vibe of someone else's > > sound and put it through their filter to create their new sound," > > says record producer Rick Rubin, whose original, sample-based backing > > track on Jay-Z's "99 Problems" was replaced by a "Helter Skelter" > > sample on "The Grey Album." (Rubin says he loves the result.) > > > > Given how technology is changing the way the public interacts with > > art and enabling more people to be creators, Palfrey said, > > sampling-fueled works "shouldn't be stopped by a set of legal > > doctrines that no longer make sense." > > > > Should Bowie and Holland be able to stop a sampler from using their > > recordings in a way they find repugnant? Sure, Palfrey says -- but > > not by using copyright law. Instead, he said, they can rely on other > > legal doctrines to protect their reputations and ttheir brands. > > > > Goldring disagrees, but he's pragmatic about sampling. > > > > "Artists should have the absolute right to control their work," he > > says. "The problem is, how do you control that in the new world? The > > argument is, all of the fundamentals of copyright law are sound, and > > all of the fundamentals of copyright law should be enforced to > > protect artists' rights. Absolutely. [But] what does that mean in a > > world where everything can be digitized and transmitted around the > > world at the push of a button?" > > > > 'Mash-ups' in the mainstream > > > > Fueled by the digital power of the Internet, "mash-ups" like Burton's > > are making their way into the mainstream, and so are protests against > > the record companies trying to prevent them. > > > > An unauthorized mash-up of Nelly's "Work It" and AC/DC's "Back in > > Black" that circulated online is in the regular rotation at KIIS-FM, > > the most listened-to station in Los Angeles. And two other Southern > > California outlets, KDLD-FM in Santa Monica and KDLE-FM in Newport > > Beach, have aired mash-ups by Go Home Productions that blend the Sex > > Pistols with Madonna. > > > > "It's all heating up," says Mark Vidler of Watford, England, the man > > behind Go Home Productions. The field is becoming so popular, he > > says, a growing number of record companies have come calling with > > authorized mash-up proj- ects. > > > > Downhill Battle's Reville estimates that more than 100,000 copies of > > "The Grey Album" were downloaded on Feb. 24 alone. That's a > > remarkable number if it's accurate, but there's no way to know > > because of limited record-keeping by the Grey Tuesday participants. > > Eric Garland, chief executive of Big Champagne, a firm that monitors > > file-sharing networks, says that on Feb. 24 "The Grey Album" "was on > > a short list of the most popular records, period." > > > > Five years ago, widespread acts of civil disobedience against EMI and > > the Recording Industry Assn. of America because of the way they > > enforced copyrights would have been inconceivable, says Lessig of > > Creative Commons. "This is how far the RIAA has pushed the world by > > its own extreme behavior." > > > > Downhill Battle is still considering its next move, Reville says. A > > spokeswoman for EMI, meanwhile, would say only that the company > > intends "to protect our artistic content related to this matter to > > the fullest extent of the law." And EMI is no longer alone in the > > fight. Sony/ATV Music Publishing, which controls the Beatles' > > songwriting copyrights, has asked at least one Internet service > > provider to disconnect a website offering "The Grey Album." The site > > -- illegal-art.org -- switched Internet providers, got a lawyer and > > went back online. > > > > Weiss of Morrison & Foerster said EMI doesn't have much choice. "The > > alternative to not pursuing your legal remedies is no one's going to > > be afraid to infringe," he says. If EMI sues and wins, he adds, "the > > message that you'll see is, A, you don't do this, and B, if a > > cease-and-desist is sent, you better [stop] right away." > > > > In the meantime, the pro-sampling forces continue to press their case > > at the grass-roots. > > > > A group aligned with Downhill Battle has compiled "The Jay-Z > > Construction Set," offering musicians a primer on how to make > > mash-ups on their home computers. The set, which includes "The Grey > > Album" and other remixes of Jay-Z's work, is circulating through > > file-sharing networks. > > > > "What these technologies are making possible is a new form of > > expression that is not going to be able to be contained by something > > as simple as the law and enforcement of the law," says Palfrey of > > Harvard. > > > > He favors allowing works to be sampled while ensuring that the > > original creator gets paid. The law won't change, though, unless > > people believe they have a stake in what might otherwise seem to be > > an arcane legal fight. > > > > "The only way this is going to work is if people get a sense for why > > it matters," Palfrey says. "Real art is being created here." > > > > If so, it's art being created in uncharted territory. > > > > "A one-off, isolated thing like 'The Grey Album,' yeah, it's > > interesting," Carter says. "But I think we're going to be getting a > > lot of it. You're going to get 'The Dark Side of the Moon' album put > > together with this, 'Sandinista' with Bob Marley. It's gonna be > > crazy. I think it's gonna get out of control." > > > > Bowie has observed parallel conflicts played out and resolved, to > > some degree, in the world of visual art, where appropriation of one > > artist's pictorial image by another has led to litigation involving > > such major names as Robert Rauschenberg and Helmut Newton. He's more > > philosophical. > > > > "It will all slowly sort itself out into some kind of workable mess," > > he says, "but will continue to be a gray area for years to come. But > > that is life, isn't it?" > > > > Contact the writers at calendar.letters@latimes.com. > > > > Descriptors: AUDIO RECORDINGS; COPYRIGHT; DIGITAL TECHNOLOGY; > > RECORDING INDUSTRY; MUSIC INDUSTRY > > > > PHOTO: (no caption) > > ID NUMBER:20040321huqhh8n1 > > PHOTOGRAPHER: Stephen Sedam Los Angeles Times > > PHOTO: (no caption) > > ID NUMBER:20040321hup6oun1 > > PHOTOGRAPHER: Stephen Sedam Los Angeles Times > > > > ? Copyright 2004 Los Angeles Times > > > > _______________________________________________ > > Rumori mailing list > > Rumori@detritus.net > > http://detritus.net/mailman/listinfo/rumori > > older archives: http://detritus.net/contact/rumori/ > > >_______________________________________________ >Rumori mailing list >Rumori@detritus.net >http://detritus.net/mailman/listinfo/rumori >older archives: http://detritus.net/contact/rumori/ _______________________________________________ Rumori mailing list Rumori@detritus.net http://detritus.net/mailman/listinfo/rumori older archives: http://detritus.net/contact/rumori/ From anthonyh at epic.co.uk Fri Mar 26 09:44:32 2004 From: anthonyh at epic.co.uk (Anthony Hall) Date: Fri Mar 26 01:45:21 2004 Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' In-Reply-To: <002801c412c6$889d95f0$a12c4298@R2D2> References: <5.2.0.9.0.20040325122154.027b7070@post.epic.co.uk> Message-ID: <5.2.0.9.0.20040326092753.00b013c0@post.epic.co.uk> > >however, I still think having shows like this give a lot of people - who are >usually not exposed to ideas / compositional aesthetics that float around on >marginal forums such as this list - the right idea about what they can do >with their computers and CD/mp3 collections. (vinylheads like me tend to >know :) That's very true, but that is no different from any other "artistic" creation. There will always be a slice of the audience who are wondering how it was done and how they could do it themselves. The difference, though, is the simplicity In a way you could compare mash-ups as the musical equivalent of some of warhol's work - it's so brutal in it's simplicity that people think "I could have done that - there's no talent there" (as opposed to more refined, complex "Pop Art" / "Sampling") - yet it doesn't detract one iota from it's effectiveness. >however if all these people start recycling crap media content and make big >media corporates and "copyright owners" even richer while they don't earn >any money than we'll face some frightening days. luckily I'm not so paranoid >yet that I would believe in such an evil hidden agenda :) Ah, sheer bloody minded optimism. So refreshing! It surprises me that there hasn't been more "corporate" mash-ups yet. Although there have been rumours, no record label has officially opened up their archives to a selected individual to be legally mashed - not in the same way as say US3 were allowed to do with the Blue Note catalogue - and I'm also not including "photocopies" (covers) of mash-ups - like Richard X's work, or the appalling (in concept and execution) cover of "Genie In A Bottle" by Speedway (based on Freelance Hellraiser's mash-up of the original Aguilera vocal with a track by The Strokes)...but it truly is a matter of time before the first mash-up advert hits...advertising is the only industry that can afford the legal work needed to clear it - they could also comfortably afford to pay 200% royalties (if both parties demanded 100%) without taking much of a hit. (imho, as usual). Everything will get appropriated eventually, whether by us or by them (or both - et tu ouroubous ;) -- Ant *nothing to plug here* From boster at pobox.com Fri Mar 26 17:37:26 2004 From: boster at pobox.com (Bob Boster) Date: Fri Mar 26 17:39:16 2004 Subject: [Rumori] detritus.net nights in SF, CA Message-ID: <5.1.0.14.2.20040326172507.03665c98@209.115.3.202> Hello all, This is a general call for people/groups/robots/programs interested in playing/performing live music/collage/performance/sound&video art at the Luggage Store Gallery in San Francisco. I'm booking the last Thursdays in the month at this series which was initially sparked by Steev Hise a few years back (in the context of the oldest 'creative music' series in the Bay Area).. My night is the last Thursday of every month and I am looking for more people to work into the schedule (although I'm not without some options now). As one would assume, my focus is on audio appropriation, but I also extend the meme to include other forms of cultural hijack including re-use/mis-use of everyday objects, and even some work that focuses on abstract sounds as long as they are made with 'homemade' instruments. As well as looking for possible performers, I'm also looking for one (or more) persons to help out with promotions and/or hosting the events. We need to up the ante on our web presence and such. I've got NO html skills, and am frankly pretty busy as well. So if you are a detritus partisan and have some interest in getting involved, let me know. There is of course no money in this, but the basking in the glory of the praise of your community is pretty damn good...plus we have cookies and coffee during the shows. All my contact info is below. If you are interested in performing I need some way to hear your work before I can book you, so mailing a CD is OK or pointing me to MP3s works too. Back to your regularly scheduled quasi-legal discussion... Bob ------------------------------------------------------------- ----------------------------------------------------------------- Bob Boster Sound Artist ~ Conspirator ~ Bon Vivant boster@pobox.com 510-528-7856 (w) 510-528-2413 (h) 510-295-3062 (m) 984 Kains Avenue # B Albany, CA 94706 From valyi at mokk.bme.hu Sat Mar 27 20:02:25 2004 From: valyi at mokk.bme.hu (=?iso-8859-1?B?VuFseWkgR+Fib3I=?=) Date: Sat Mar 27 11:02:45 2004 Subject: [Rumori] L.A. Times - When copyright law meets the 'mash-up' References: <5.2.0.9.0.20040325122154.027b7070@post.epic.co.uk> <5.2.0.9.0.20040326092753.00b013c0@post.epic.co.uk> Message-ID: <001701c4142e$0b4e52b0$a12c4298@R2D2> speaking of commercialising mash up. i was already happening in 2001: Dylan, Stones, Sinatra On 'Sopranos' Soundtrack 04.20.2001 .... The Sopranos: Peppers & Eggs, slated for a May 8 release, collects two CDs worth of the music that plays such a crucial rule in the acclaimed mob series. A seamless (and otherwise unreleased) mix of the Police's "Every Breath You Take" with Henry Mancini's "Theme From Peter Gunn," for example, underlined the tension in the current season's premiere episode, in which authorities were trying to bug mob boss Tony Soprano's basement. ... http://www.mtv.com/news/articles/1443026/20010420/story.jhtml does anyone have the official soundtrack to check if the guy to mix the twio songs got any credit? :) ----- Original Message ----- From: "Anthony Hall" To: "Detritus discussion list." Sent: Friday, March 26, 2004 10:44 AM Subject: Re: [Rumori] L.A. Times - When copyright law meets the 'mash-up' > > > > >however, I still think having shows like this give a lot of people - who are > >usually not exposed to ideas / compositional aesthetics that float around on > >marginal forums such as this list - the right idea about what they can do > >with their computers and CD/mp3 collections. (vinylheads like me tend to > >know :) > > That's very true, but that is no different from any other "artistic" > creation. There will always be a slice of the audience who are wondering > how it was done and how they could do it themselves. The difference, > though, is the simplicity > > In a way you could compare mash-ups as the musical equivalent of some of > warhol's work - it's so brutal in it's simplicity that people think "I > could have done that - there's no talent there" (as opposed to more > refined, complex "Pop Art" / "Sampling") - yet it doesn't detract one iota > from it's effectiveness. > > > >however if all these people start recycling crap media content and make big > >media corporates and "copyright owners" even richer while they don't earn > >any money than we'll face some frightening days. luckily I'm not so paranoid > >yet that I would believe in such an evil hidden agenda :) > > Ah, sheer bloody minded optimism. So refreshing! > > It surprises me that there hasn't been more "corporate" mash-ups yet. > Although there have been rumours, no record label has officially opened up > their archives to a selected individual to be legally mashed - not in the > same way as say US3 were allowed to do with the Blue Note catalogue - and > I'm also not including "photocopies" (covers) of mash-ups - like Richard > X's work, or the appalling (in concept and execution) cover of "Genie In A > Bottle" by Speedway (based on Freelance Hellraiser's mash-up of the > original Aguilera vocal with a track by The Strokes)...but it truly is a > matter of time before the first mash-up advert hits...advertising is the > only industry that can afford the legal work needed to clear it - they > could also comfortably afford to pay 200% royalties (if both parties > demanded 100%) without taking much of a hit. (imho, as usual). > > Everything will get appropriated eventually, whether by us or by them (or > both - et tu ouroubous ;) > > -- > > Ant > > > > *nothing to plug here* > > > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ From pl1x at earthlink.net Sat Mar 27 14:21:53 2004 From: pl1x at earthlink.net (PeterALopez) Date: Sat Mar 27 11:21:59 2004 Subject: [Rumori] Bankruptcy by Corporation Presents "Copy Wired Lessig Butt" Message-ID: <1181017.1080415314748.JavaMail.root@rowlf.psp.pas.earthlink.net> <:::<:::::::::::::><:::::::::::::><:::::::::::::><:::::::::::::>:::> <:::::::::::::::>Bankruptcy by Corporation<::::::::::::::> <::::::::::::::::::>Unfortunately Presents<::::::::::::::::::> <:::<:::::::::::::><:::::::::::::><:::::::::::::><:::::::::::::>:::> <::::::::::::::::::>Copy Wired Lessig Butt<::::::::::::::::> <:::::::::::::::>Question Wired Lessig Butt<::::::::::::::> <:::<:::::::::::::><:::::::::::::><:::::::::::::><:::::::::::::>:::> -----------------<:::::::::::::><:::::::::::::>------------------ -----------------<:::::::::::::><:::::::::::::>------------------ <:::::::::::::>------------------------------------------------ http://noneinc.com/Live/BankruptcyByCorporation-01-CopyWiredLessigButt.mp3 Stats----25min.35sec.---10.2MB---22kHz---56kbps <:::::::::::::>------------------------------------------------ http://noneinc.com/Live/BankruptcyByCorporation-02-QuestionWiredLessigButt.mp3 Stats----27min.04sec.---10.8MB---22kHz---56kbps <:::::::::::::>------------------------------------------------ Thanx to--------------------------------------<:::::::::::::> http://www.lessig.org/----------------------<:::::::::::::> http://www.wired.com/---------------------<:::::::::::::> http://www.92y.org/------------------------<:::::::::::::> -----------------<:::::::::::::><:::::::::::::>------------------ -----------------<:::::::::::::><:::::::::::::>------------------ For More Phun------------------------------<:::::::::::::> Read Me-------------------------http://free-culture.org/ Use Me-------------------http://creativecommons.org/ -----------------<:::::::::::::><:::::::::::::>------------------ -----------------<:::::::::::::><:::::::::::::>------------------ Compare and Contrast to-------------------<:::::::::::::> ----http://www.npr.org/features/feature.php?wfId=1785931 ----http://randomfoo.net/oscon/2002/lessig/free.html -----------------<:::::::::::::><:::::::::::::>------------------ -----------------<:::::::::::::><:::::::::::::>------------------ <::::::::::::::::::::::::::>General Info<::::::::::::::::::::::::::> Bankruptcy by Corporation has meticulous recreated the Lawrence Lessig lecture sponsored by Wired Magazine held at the 92nd Street Y's Buttenwieser Hall the evening of March 23, 2004 from memory. The topic was "Creativity & Its Enemies". BbC has recreated this event in a manner reminescent of a form of reproduction known as bootlegging. Using BbC's best Lawrence Lessig and Wired Moderator Blaise Zerega vocal reproduction team, BbC has attempted to share with ya'll knowledge gained. Of course BbC seems to have taken it too far with their recreation of tape hiss and annoying Wired Staff member laughs, but you need to give BbC their creative freedom. Please.... -----------------<:::::::::::::><:::::::::::::>------------------ -----------------<:::::::::::::><:::::::::::::>------------------ Items Mentioned----------------------------<:::::::::::::> http://www.apple.com/itunes/pepsi/ads/superbowl480.html http://nmc.siu.edu/~pepsi/-----------------<:::::::::::::> http://www.bushin30seconds.org/-------<:::::::::::::> -----------------<:::::::::::::><:::::::::::::>------------------ -----------------<:::::::::::::><:::::::::::::>------------------ Additional Special Thanks to---------------<:::::::::::::> http://m-w.com/------------------------ http://www.cnn.com/-------------------- http://www.foxnews.com/-------------- http://www.npr.org/--------------------- http://www.apple.com/---------------- http://negativland.com/---------------------- *Casey Kasem------------------------------ -----------------<:::::::::::::><:::::::::::::>------------------ -----------------<:::::::::>%20<::::::::::>------------------ <:::<:::::::::::::><:::::::::::::><:::::::::::::><:::::::::::::>:::> <:::::::::::no partying till copyright's revised::::::::::::> <:::<:::::::::::::><:::::::::::::><:::::::::::::><:::::::::::::>:::> From pl1x at earthlink.net Sun Mar 28 14:02:47 2004 From: pl1x at earthlink.net (PeterALopez) Date: Sun Mar 28 14:02:52 2004 Subject: [Rumori] Lessig's "Free Culture" (Reading is so last year) Message-ID: <25346555.1080511367681.JavaMail.root@louie.psp.pas.earthlink.net> http://akma.disseminary.org/archives/001253.html "The license pretty clearly indicates that, so long as we???re not making a commercial venture of it, we can make a recording of (???perform???) the text." About half the book is ready to be listened too. From praemedia at yahoo.com Mon Mar 29 15:19:09 2004 From: praemedia at yahoo.com (Praemedia) Date: Mon Mar 29 15:19:13 2004 Subject: [Rumori] Fwd: p2p is not killing the music business Message-ID: <20040329231909.80773.qmail@web21505.mail.yahoo.com> > interesting study in pdf form found here > http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf > > snipped from www.boingboing.net: > > > Empirical data on file-sharing's effect on album > sales > > Koleman Strumpf, a conservative, Cato-affiliated > economist at the University > > of North Carolina at Chapel Hill, has just > co-authored a paper on the effects > > of file-sharing on album sales, based on the > first-ever empirical data > > analysis in the field. Koleman watched the file > requests on OpenNap servers > > (to get numbers on which albums' tracks are being > downloaded) and compared > > them to the sales-figures for each album, > correlating file-sharing popularity > > against sales data. His conclusion: file-sharing > isn't killing record sales. > > -- excerpted from the study: > > We analyze a large file sharing dataset which > includes 0.01% of the world¹s > > downloads from the last third of 2002. We focus on > users located in the U.S. > > Their audio downloads are matched to the album > they were released on, for > > which we have concurrent U.S. weekly sales data. > This allows us to consider > > the relationship between downloads and sales. To > establish causality, we > > instrument for downloads using technical features > related to file sharing > > (such as network congestion or song length) and > international school holidays, > > both of which are plausibly exogenous to sales. We > are able to obtain > > relatively precise estimates because the data > contain over ten thousand > > album-weeks... > > > > Even in the most pessimistic specification, five > thousand downloads are needed > > to displace a single album sale...high selling > albums actually benefit from > > file sharing. __________________________________ Do you Yahoo!? Yahoo! Finance Tax Center - File online. File on time. http://taxes.yahoo.com/filing.html From praemedia at yahoo.com Mon Mar 29 16:25:31 2004 From: praemedia at yahoo.com (Praemedia) Date: Mon Mar 29 16:25:35 2004 Subject: [Rumori] Fwd: Fwd: Fwd. RE.: p2p killing music business Message-ID: <20040330002531.17780.qmail@web21501.mail.yahoo.com> http://www.wired.com/news/digiwood/0,1412,62830,00.html __________________________________ Do you Yahoo!? Yahoo! Finance Tax Center - File online. File on time. http://taxes.yahoo.com/filing.html From mattdavignon at hotmail.com Mon Mar 29 16:33:41 2004 From: mattdavignon at hotmail.com (matt davignon) Date: Mon Mar 29 16:34:16 2004 Subject: [Rumori] Fwd: Fwd: Fwd. RE.: p2p killing music business Message-ID: I had no idea that 12 year old kids downloading Aaron Carter songs were actually working for the pornography industry. Where's that bandwagon? I must jump on it! >From: Praemedia >Reply-To: "Detritus discussion list." >To: rumori@detritus.net >Subject: [Rumori] Fwd: Fwd: Fwd. RE.: p2p killing music business >Date: Mon, 29 Mar 2004 16:25:31 -0800 (PST) > >http://www.wired.com/news/digiwood/0,1412,62830,00.html > > >__________________________________ >Do you Yahoo!? >Yahoo! Finance Tax Center - File online. File on time. >http://taxes.yahoo.com/filing.html > >_______________________________________________ >Rumori mailing list >Rumori@detritus.net >http://detritus.net/mailman/listinfo/rumori >older archives: http://detritus.net/contact/rumori/ _________________________________________________________________ Get reliable access on MSN 9 Dial-up. 3 months for the price of 1! (Limited-time offer) http://join.msn.com/?page=dept/dialup&pgmarket=en-us&ST=1/go/onm00200361ave/direct/01/ From steev at detritus.net Tue Mar 30 11:14:08 2004 From: steev at detritus.net (Steev Hise) Date: Tue Mar 30 11:14:12 2004 Subject: [Rumori] file sharing not killing music business Message-ID: i think this is reporting on the same study mentioned a few posts ago, but appears to be a better and more detailed article: http://www.newscientist.com/news/news.jsp?id=ns99994831 smh From pl1x at earthlink.net Tue Mar 30 12:00:40 2004 From: pl1x at earthlink.net (PeterALopez) Date: Tue Mar 30 12:00:47 2004 Subject: [Rumori] file sharing not killing music business Message-ID: <19310315.1080676841388.JavaMail.root@rowlf.psp.pas.earthlink.net> Australia music industry also doesn't seem to be suffering from "freeloader" culture: http://www.smh.com.au/articles/2004/03/28/1080412234274.html "Figures show that we're buying albums in record numbers, despite the internet 'freeloaders', writes Steve Cannane. The Australian record industry has just had its best year ever. But it doesn't want you to know about it. This month ARIA announced its sales figures for last year. In its press release, it talked about Delta, it talked about falling CD singles sales, it talked about the rise in DVD sales, but at no stage did it tell us it was the industry's best year ever. Why bury the good news?" -----Original Message----- From: Steev Hise Subject: [Rumori] file sharing not killing music business i think this is reporting on the same study mentioned a few posts ago, but appears to be a better and more detailed article: http://www.newscientist.com/news/news.jsp?id=ns99994831 smh From pan at sensoryresearch.com Tue Mar 30 17:32:38 2004 From: pan at sensoryresearch.com (Pan) Date: Tue Mar 30 14:33:15 2004 Subject: [Rumori] Online Music Business Analysis Message-ID: <26531DF8-829A-11D8-A0D9-000A95EB7F7A@sensoryresearch.com> At a quick glance, these folks did a thorough job: http://cyber.law.harvard.edu/media/itunes In general, the Berkman Center seems to do a lot of good work for internet and law. (Dave Winer of Userland is working for them now. That's cool.) Pan From morakanabad at yahoo.ca Wed Mar 31 23:12:51 2004 From: morakanabad at yahoo.ca (Taylor McLaren) Date: Thu Apr 1 00:11:55 2004 Subject: [Rumori] re: Sydney Morning Herald piracy article Message-ID: <7EFD2509-831D-11D8-8900-000393D99C94@yahoo.ca> From the Sydney Morning Herald piece (URL provided yesterday, and I forget who did the deed, but thank you) on the Australian recording coven's record year, piracy woes, blah-blah-blah: "Even the FBI has become involved. It says music piracy has become its third priority behind terrorism and counter-intelligence. A number of US Congress members who rely on the entertainment industry for campaign funds lobbied the FBI to spend more money hunting file-sharers and CD burners. So now CDs in the US carry FBI stickers warning of fines of $250,000 or five years in prison." Does anybody have any scans of these warning stickers? It's been years since I last set foot in the States, but I'm really curious to see what they say and how they're worded. -me