[PD-ot] Art: To GPL or not to GPL?

[RTaylor]

The label "Hans-Christoph Steiner" hathe been affixed to this message,
>On Thursday, Dec 18, 2003, at 20:29 America/New_York, RTaylor wrote:
>
>> The label "Claudius Maximus" hathe been affixed to this message,
>>
>>> I would view sampling of parts of the work (for example, up to a 
>>> of bars) as fair use and thus not requiring attribution, this to me is
>>> the common sense approach.
>>
>>  That's the way the courts would see it as well.

>Actually quite the opposite, at least in the US, unfortunately.  The 
>courts have come down quite firmly on the side that sampling is not 
>fair use and must be licensed:
>
>Here are a couple references:

http://www.copyright.gov/circs/circ14.html
http://www.batnet.com/oikoumene/nobomediarights.html#preexist
http://www.copyright.gov/circs/circ1.html#wnp
http://www4.law.cornell.edu/uscode/17/110.html
http://www4.law.cornell.edu/uscode/17/114.html
http://www4.law.cornell.edu/uscode/17/115.html
{actually, you can just do this:}
http://www4.law.cornell.edu/uscode/17/index.html
http://www.copyright.gov/
details here:
http://www.copyright.gov/register/sound.html
http://www.ipwatchdog.com/fairuse.html
http://www.ipwatchdog.com/about_copy_infringe.html
http://www.techlawjournal.com/
http://www.dfc.org/dfc1/Active_Issues/graphic/DMCA_index.html
{Oh, hell with it:}
http://directory.google.com/Top/Society/Issues/Intellectual_Property/Copyrights/

I've seen several articles on "derogatory" media that make certain
allowances... there are all sorts of ways around the thing. As far as I know...
folk use samples all the time. I don't think it's ever been legit... Look at it
this way... how many folk do you think are going to go through all of the hassle
of researching this, tracking all of the recordings made in the US every year
listening for "that one special phrase" and in the grand scheme of things, ummm
who really gives a rats ass? :} As long as it doesn't mis-represent or damage
anyone... who cares?

 Have you ever put a halfway hardcore delay on a bit of .wav? ...ever run one
through a synth? It bears no resemblance at all to the original... It hardly
communicates the same ideas. If you're talking "straight" samples... that's just
boring.

 It does look as though things have changed a bit since the last time I looked
though. ...The "tone" of most of the pages that address this issue for one.

This is just sort of interesting:
http://news.com.com/2100-1023-955805.html

>http://www.globalmusicresource.com/legal/legal6.html
>"It is illegal to copy any part (in total or "sample") copyrighted 
>music without the prior written consent of the copyright owner. You may 
>not sell or even distribute this music for free. One must first obtain 
>the written permission of the sound recording copyright holder and the 
>actual composition copyright holder."

>http://www.emplive.com/visit/education/popConfBio.asp?xPopConfBioID=41
>"During the 1980s, many hip-hop artists sampled music with impunity in 
>spite of growing resentment from songwriters and copyright owners who 
>felt their work to be unlawfully exploited. But three pivotal court 
>decisions in the 1990s punished severely those who sampled without 
>permission. Since then, most artists and record companies refrain from 
>sampling unless they can obtain clearance."
 -- 
Could you be the one they talk about?
Hiding inside, behind another door?
Is it only happiness you want?
Does wanting a feeling matter any more? {Mould}