At the same time, all that was inherently Elvis radically influenced our perception of Jim's piece. Fair use and fair dealing are respectively the American and the Canadian terms for instances in which appropriation without permission might be considered legal. Quoting extracts of music for pedagogical, illustrative and critical purposes have been upheld as legal fair use.
So has borrowing for the purpose of parody. Fair dealing assumes use which does not interfere with the economic viability of the initial work. In addition to economic rights, moral rights exist in copyright, and in Canada these are receiving a greater emphasis in the current recommendations for revision. An artist can claim certain moral rights to a work.
Elvis' estate can claim the same rights, including the right to privacy, and the right to protection of "the special significance of sounds peculiar to a particular artist, the uniqueness of which might be harmed by inferior unauthorized recordings which might tend to confuse the public about an artist's abilities. At present, in Canada, a work can serve as a matrix for independent derivations. Section 17 2 b of the Copyright Act of Canada provides "that an artist who does not retain the copyright in a work may use certain materials used to produce that work to produce a subsequent work, without infringing copyright in the earlier work, if the subsequent work taken as a whole does not repeat the main design of the previous work.
Aural wilderness The reuse of existing recorded materials is not restricted to the street and the esoteric. The single guitar chord occuring infrequently on H. Hancock's hit arrangement "Rocket" was not struck by an in-studio union guitarist but was sampled directly from an old Led Zepplin record. Now that keyboardists are getting instruments with the button for this appropriation built in, they're going to push it, easier than reconstructing the ideal sound from oscillation one.
These players are used to fingertip replication, as in the case of the organ that had the titles of the songs from which the timbres were derived printed on the stops. Melodic invention is nothing to lose sleep over look what sleep did for Tartini. There's a certain amount of legal leeway for imitation. Now can we, like Charles Ives, borrow merrily and blatantly from all the music in the air? Ives composed in an era in which much of music existed in a public domain.
Public domain is now legally defined, although it maintains a distance from the present which varies from country to country. In order to follow Ives' model we would be restricted to using the same oldies which in his time were current. Or as This Business of Music puts it, "The public domain is like a vast national park without a guard to stop wanton looting, without a guide for the lost traveller, and in fact, without clearly defined roads or even borders to stop the helpless visitor from being sued for trespass by private abutting owners.
On the other hand, many artistic endeavours would benefit creatively from a state of music without fences, but where, as in scholarship, acknowledgement is insisted upon. The buzzing of a titanic bumblebee 16 The property metaphor used to illustrate an artist's rights is difficult to pursue through publication and mass dissemination.
The hit parade promenades the aural floats of pop on public display, and as curious tourists should we not be able to take our own snapshots through the crowd "tiny reproductions of the Taj Mahal" rather than be restricted to the official souvenir postcards and programmes?
All popular music and all folk music, by definition , essentially, if not legally, exists in a public domain. Listening to pop music isn't a matter of choice.
Asked for or not, we're bombarded by it. In its most insidious state, filtered to an incessant bass-line, it seeps through apartment walls and out of the heads of walk people. Needless to say, Jackson and his parent company Sony were not asked to destroy all remaining copies of the infringing record. The stark difference between how the pop star's case was dealt with, and the threats brought against Oswald, is indicative of an industry wide attitude that Toronto-based lawyer Reuven Ashtar points out is the reason why copyright laws are still trapped in the s.
In a widely-cited paper from , explaining why both the Grand Upright and Bridgeport decisions are restrictive to sampling practice, Ashtar argues there's a pervading trend of copyright owners pushing to settle cases out of court to avoid "the introduction of transformative findings. Whereas settlements have no effect on the outcome of future cases or court decisions. Major label artists who have benefitted from sampling in their own music have zero incentive to protect sampling practice and actually profit from its uneven enforcement, using it like an "anti-competitive ploy.
Outside the courtroom, major labels have less control. In an email exchange, Ashtar drew attention to a Oklahoma State University study that used Girl Talk's album All Day as a data set to analyze the economic impact his recording had on the material he sampled.
By looking at the economic performance of the records the Pittsburgh DJ sampled before and after he sampled them, author W. Michael Schuster II was able to reason that the practice brought more attention to its source material. This undermined the age-old argument that sampling was economically detrimental, the pervading logic that informed the decision to have the records Oswald was distributing freely, destroyed.
One doesn't have to look far to see the study's conclusion in practice. The website WhoSampled indexes not only samples, but remixes and interpolations, while the community of volunteers behind Wikimedia also work to source samples in any given recording, as well as list any personnel who played on, produced or contributed to a work. Akufen used more than plundered sound samples to build his My Way album.
Vicki Bennett of People Like Us has extended the plunderphonic ideal to video , creating films to accompany her music by plundering the resources of the Prelinger Archives , the online part of the collection of film archivist Rick Prelinger.
With permission, McGuire reversed The Andromeda Strain shot by shot so that everything unfolded in reverse order, although with each scene running in normal time with comprehensible dialogue. Another approach is to take two very different records and play them simultaneously.
This gave rise to the so-called "bastard pop" or " mash-up " phenomenon where an a cappella version of one song is mixed on top of a purely instrumental version of another song. Soulwax and Richard X have both produced records along these lines. There are also several Web -based plunderphonics projects.
The Droplift Project created a compilation CD of plunderphonic works which was then "droplifted" into record stores this involved slipping copies of the record onto the shelves without knowledge of the store owner — a sort of reverse stealing.
Dictionaraoke took audio clips from online dictionaries and stitched them together so that they recited the words of various popular songs while instrumental versions of the music often in MIDI renderings played along.
Vaporwave , which largely consists of sampled and slowed down s pop music, has been cited as a subgenre of plunderphonics. Note 3. This is the latest of sixteen studies published by the Canadian government in anticipation of a revised Canada Copyright Act.
There is more at stake in the exploitation of a work than economic reward. Creative works are very much the expression of the personality of their authors. There is an identification between authors and their works. The Subcommittee agrees with the many witnesses who stated that creators cannot be fully protected unless their moral rights are recognized and enhanced.
House of Commons Another consequence of the language used in the present Act is that moral rights appear to be protected only during the life of the author, rather than the usual term of life of the author plus fifty years. The Subcommittee agrees that this recommendation should be adopted together with its limitations relating to physical relocation, alteration of the structure containing the work, and legitimate restoration and preservation activities.
The Subcommittee wishes to make clear, however, that respect for works of the mind and their creators should not take the form of paternalism. Creation is after all one of the most self-assertive pursuits that can be imagined, precisely because it is a process fraught with considerable risk. Artists and other creators will always have to go through a struggle in which many fail and where there cannot be any guarantee of success.
It is irrelevant that a musical work is fixed by recording as opposed to written notation. The present law assimilates sound recordings to musical, literary, or dramatic works. This categorization is outdated.
It is time to protect sound recordings as a separate category of subject matter. In addition, the law should specify that the protection of a sound recording is totally independent of what is recorded. It is irrelevant whether what is recorded is a work that is protected by copyright or is in the public domain.
For example, bird sounds do not constitute subject matter protected by copyright because such sounds are not works. But a sound recording of the same bird sounds would be protected as falling within the new category of copyright subject matter suggested in this recommendation Ibid. References to the U. Note 5. The courts decided that home-taping off-air television was breaking the law.
Curiously, the record industry never filed a similar suit against audio recorder manufacturers. Home taping has exploded. The shrapnel of that explosion drains the lifeblood of the musical community… it renders weak the recording companies whose works have become a worldwide means of communication. Note 6. The setting is half a century from now.
Population has increased dramatically, with many people living past There are many composers. The Harrison case is cited as an important precedent. Robinson points out that the currently prevalent system of composition has a limited number of specifiable notes which can be combined in a large but finite number of ways: Artists have been deluding themselves for centuries with the notion that they create.
In fact they do nothing of the sort. They discover. Inherent in the nature of reality are a number of combinations of musical tones that will be perceived as pleasing by a human central nervous system.
To create implies infinite possibility. As a species, I think we will react poorly to having our noses rubbed in the fact that we are discoverers and not creators.
Is a musical property properly private, and if so, when and how does one trespass upon it? Or imagine how invigorating a few retrograde Pygmy no slur on primitivism intended chants would sound in the quasi-funk section of your emulator concerto.
Or perhaps you would simply like to transfer an octave of hiccups from the stock sound library disk of a Mirage to the spring-loaded tape catapults of your Melotron. At the other end, digital delay units are in effect short-term samplers.
Warner Bros. This is the latest of sixteen studies published by the Canadian government in anticipation of a revised Canada Copyright Act. Starting from scratch Just as sound producing and sound reproducing technology becomes more interactive, listeners are once again, if not invited, nonetheless encroaching upon creative territory. And sonic impersonation is quite legal. He recalls getting several phone prior calls from CRIA president Brian Robertson, who had a lot of questions for him, but was cagey about why he was so curious. Now that keyboardists are getting instruments with the button for this appropriation built in, they're going to push it, easier than reconstructing the ideal sound from oscillation one.
Bach pointed out that with any instrument "all one has to do is hit the right notes at the right time and the thing plays itself. Is the piano the musical creation of Bartolommeo Cristofori or merely the vehicle engineered by him for Ludwig Van and others to manoeuver through their musical territory? It was published in Musicworks 34, as a booklet by Recommended Quarterly and subsequently revised for the Whole Earth Review 57 as 'Bettered by the borrower'. In a widely-cited paper from , explaining why both the Grand Upright and Bridgeport decisions are restrictive to sampling practice, Ashtar argues there's a pervading trend of copyright owners pushing to settle cases out of court to avoid "the introduction of transformative findings. Notes with their rhythm and pitch values are trivial components in the corporate harmonization of cacophony. Although we still don't have fair and equitable sampling laws for songwriters or rights-holders, both of the former verdicts were hailed as steps in the right direction, recognizing nuances of the art and practice that have historically been ignored.
The Buzzing of a Titanic Bumblebee 11 [ The single guitar chord occuring infrequently on H. Are the preset sounds in today's sequencers and synthesizers free samples, or the musical property of the manufacturer? A sampler, in essence a recording, transforming instrument, is simultaneously a documenting device and a creative device, in effect reducing a distinction manifested by copyright. So has borrowing for the purpose of parody.
There are many composers. He often treats the records in unusual ways, for example, he has physically cut up a group of records and stuck them together, making both a visual and aural collage. Some classical composers have performed a kind of plunderphonia on written , rather than recorded, music. Note 2. It contained four tracks:  "Pretender" featured a single of Dolly Parton singing "The Great Pretender" progressively slowed down on a Lenco Bogen turntable so that she eventually sounds like a man; "Don't" was Elvis Presley 's recording of the titular song overlaid with samples from the recording and overdubs by various musicians, including Bob Wiseman , Bill Frisell and Michael Snow ; "Spring" was an edited version of Igor Stravinsky 's The Rite of Spring , shuffled around and with different parts played on top of one another; "Pocket" was based on Count Basie 's "Corner Pocket," edited so that various parts loop a few times.