In a previous class I took in
spring, I was also instructed to watch this documentary. Both times that I have
watched this, I have found that the issue of ownership continues to be a
prevalent issue since the film’s production. Within the past year since
discussing these issues, I have noticed that material is now remixed in higher
quality and distributed quicker than before. This issue of copyright and
ownership presents a paradox in the music industry that doesn’t appear to
affect the print industry the same way. Additionally, it calls into question
who owns the work and how much is someone allowed to remix. All of these
concerns seem to be addressed on a case-by-case basis, failing to display any
type of unanimous agreement about copyrighting.
In order to deconstruct this
paradox, it may important to look at 6:43, where it mentions that, “the law
isn’t concerned with insignificant offenses” and “if you sample, you license.” Again,
I think that sampling has been loosely defined and not completely understood by
artists, such as Girl Talk. What would be considered an insignificant offense?
Yes, the documentary gives some ideas about “insignificant offense” but it
contradicts them with the latter. If you sample smaller portions of an original
part to remix, would you have to obtain a license if it appears as a
“insignificant offense?”
I also liked the part at 30:39
suggesting that, “copyrighting isn’t about stopping them for using your work
but getting them to use your work legally.” This complicates the idea mentioned
above about what defines sampling. This quotes summarizes the purpose of
producing this documentary and reaffirms how borrowing material has faced many
legal complications. What exactly is the boundary between legal and illegal
remixing? Are there exceptions to this boundaries or specific genres that are
unaffected by these boundaries?
Lastly, I wanted to reference
55:16, where users are encouraged to use the material to help them understand
and say something about the future. What are we saying about the future and
past if laws for copyrighting are continuing to be challenged? We may be
encouraged to use this material, but at the same rate there still appears to be
limited restrictions that can play a role in our ability to recreate and
remediate.
Overall, I would like to think that
the idea of copyrighting continues to become a prominent issue, because of the
advancement of technology. This type of technology will lead others to gain
access to materials and mass distribute the remediation that older generations
weren’t able to.
-Erin Schwartz
I also found the part about how sampling was somewhat misunderstood by artists interesting! I always had this conception that copyright infringement between artists had to be on the level of Vanilla Ice using the baseline from 'Under Pressure' by Queen without permission. I had no idea that using two seconds of a guitar riff was illegal. I think that what Girl Talk says towards the end of the film, about how he wishes that he could afford the time and money it takes to license songs for sampling, is very telling. I think sampling shouldn't be penalized as much as it is, as long as proper credit is given.
ReplyDeleteErin,
ReplyDeleteWhen I initially watched this documentary my mind did not stumble on “the law isn’t concerned with insignificant offenses” however, after reading your post I agree with you, how would you define an insignificant offense. Regardless in sampling you are taking someone else’s work, no matter which way you look at it, whether its 2 seconds of it or a whole minute it is still copyright so who gets to say what is and is not significant. I liked that you said that this film contradicts itself because I felt the same way too. I really had a hard time while watching this establishing what was legal and what was not. How was Dr. Dre in trouble for using a 2 second guitar Riff when The Grey album literally mashed two ENTIRE albums? Clearly there needs to be some changes, which is what I talked about in my original post. I referenced the point in the film where they talk about using outdated copyright laws with new technology being an outdated and ultimately loosing battle. I think that technology is ever growing and the creativity is ever flowing so there does need to be a balance so that people can be creative and express themselves but at the same time the property of others is protected. But if you were to ask me how to go about this I would say that I had absolutely no clue….
- Cailyn Callaway