Judging from his completely over-the-top response to the Droplift, Mr.
RobReal was either completely joking or is completely clueless. So while
I'm glad that Mr. Brain forwarded his reaction to the plunderphonia list
(it's nice to be made aware of these opinions), it's quite a waste of time
to get all defensive and argue with him for very long, or at all. He's
either on your side (because he's joking) or he's a lost cause.
However, Mr. Boyd's repeated mention of "FAIR USE" seems to imply a
misunderstanding going on here, which others might share, and hence, it
might be a good kernel for an interesting discussion. here's a quote of
Mr. Boyd's message, in a defense against Mr. RobReal's accusation that
sampling is illegal:
"It IS illegal to run a red light. FAIR USE, on the other hand, allows
sampling. Period. "
Unfortunately, it's not this simple. Fair Use is NOT a blanket permission
to sample anything for any reason with no permission. It's not the holy
grail, Even if Negativland named a book after it. The Fair Use doctrine
is an exception to copyright law for certain cases involving education,
review, commentary, parody, critique... i don't have the exact wording in
front of me but i think that sums it up. But what that means is that if
you use someone else's copyrighted work and they sue you, you still have
to PROVE that it's fair use in a court of law, which means you have to
show that it's one of those things: education, review, commentary, parody,
critique...
A lot of sample-based music I hear these days doesn't sound like any of
those. Though with a good lawyer, who knows what you could prove?
Anyway, I'll be interested to hear what people have to say about this.
But don't flame me, and don't get your panties in a bunch. I'm one of the
good guys. See, I'm wearing this white hat.
smh
Steev Hise, Head Chump
steevATdetritus.net http://detritus.net/steev
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"Better not to think at all than to think half way."
-Haruki Murakami
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