A couple of observations, and an introduction.
My name's Darren Wershler-Henry; I've been lurking on this list for a couple
of months (Kenny Goldsmith/UbuEditor told me about it). I'm a writer with
about 6 books to my name (2 books of poetry, 4 books about the Internet and
online culture), and I'm currently working on a book called _FREE as in
speech and beer_, which is about the impact of Linux, P2P technology etc. --
the kinds of things that are often referred to as 'gift economies' -- on
our notions of intellectual property.
So I've been doing a little reading around copyright law. there are some
differences in Canadian law, of course (forgot to mention that I'm a
Canuck), but here are some things to consider:
While 'real life events' and impromptu conversations on radio etc. are not
protected per se by copyright, it's because they haven't been 'fixed' onto a
recording medium (including but not limited to paper transcription) Anything
that is 'fixed' as a sound recording, though, even if it's in the public
domain, like birdsongs, is protected under copyright, *even if the recorded
material itself isn't protected as a recorded work, or as a performance of a
recorded work*. The person who recorded it, i.e. the producer, may own
copyright if the people involved don't. Weird but true.
Hope this helps.
----- Original Message -----
From: "Edward Milhuisen" <edjunkitaATwanadoo.nl>
To: <rumoriATdetritus.net>
Sent: Monday, April 09, 2001 6:04 AM
Subject: Re: [rumori] Sampling the Wilson family
>
> I really doubt that this would be copyrighted
> unless someone actually took the trouble to
> do so.(that would be weeeiiird) Normally it goes per
> song (with it's individual elements) excluding all
> the embarrassing noises that land on the recording
> tape in between.
> Maybe it would fall under some form of privacy
> infringement?
> We should consult Hal Stakke on this one.
>
>
> David Dixon wrote:
>
> > I've recently had a track put "on hold" (ie. "pocket vetoed") by mp3.com
for unlicensed sampling. What I sampled was the famous
Murry-Wilson-invades-the-studio-and-makes-the-Beach-Boys'-lives-hell studio
session from hell outtake tape. Two questions:
> >
> > 1. How can a conversation be copyrighted?
> >
> > 2. How the hell am I supposed to get permission to use it?
> >
>
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