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Seemingly a sequel to his previous work, Sound Unbound is compiled with the help of numerous contributors and reads much more like a scholarly account than its predecessor.  It delves further into the intricate aspects of Dj-ing and remixing: sampling, appropriation, plagiarism, and various forms of musical technology from tape loops to video opera.  The list of contributors ranges from science fiction writers to media activists, from rappers to composers, and this wide range of expertise offers an even better insight into the intricacies of the music industry in the digital age that the first book provides.

Most important to the focus of this paper, however, remains to be the testimony and work of Paul Miller.  Once again, his experience as a professional DJ offers an exclusive look into the life of someone who makes a living off of sampling and remixing, however the supporting chapters from his colleagues offer a much stronger foundation for his more up-to-date commentary on the industry.  In addition, the work of novelist Jonathan Lethem on appropriation and plagiarism is a good complement to Miller’s chapters on sampling and civilization. 

Contrary to the last book by Miller, Sound Unbound explores more deeply the legal implications of “stealing” another’s song or work, and the distance that one must go in order to gain such negative attention from the authorities or at least the original creators.  Furthermore, the book includes a mix-CD compiled by Miller himself, made up of a variety of artists commonly classified as “avant-garde,” which only serves to enhance the written works that he includes in the book.  It gives the reader something real and interactive – a way to experience what all of the scholars are talking about first-hand.  It is the well-roundedness of this complete work and the many facets of the modern music industry that it covers from the inside-out that is the reason this is so helpful in the construction of my final paper.


 

Katz also examines the realm of digital sampling, but he does so with a keen detective’s eye, looking at the practice from the outside-in.  He uses three case studies to show the main uses and techniques employed with digital sampling.  First of which is a “song” created by Paul Lansky with recordings of human voices speaking random words entitled “Notjustmoreidlechatter.”  The complicated issue of speech and music is addressed through this first instance of sampling and Katz identifies the specifications and implications of either one.  Secondly, he compares two pop songs, Camille Yarbrough’s “Take Yo’ Praise” and Fatboy Slim’s “Praise You,” which uses bits of the former in its creation of the latter.  Finally, he breaks down the numerous sampled bits in Public Enemy’s “Fight the Power.”  Public Enemy’s strong political message coupled with the nature of his samplings creates one of the most powerful sample-ridden songs of contemporary music. 

Katz only does so after first clarifying with the reader what exactly sampling is.  This definition has been found in the majority of the sources, but none went on to detail the legal issues as well as Katz.  He also goes on to explore the question of originality and immorality in terms of remixing and sampling.  Nevertheless, his case studies have proven most useful in determining the full extensions of digital sampling in music and his insight into its effect on music today.  He also lightly touches on the various effects parodies have upon the original work, if any, and acknowledges the complexities within the industry when it comes to approval for such works.  This book could possibly be the best source found thus far, seeing as it is not overly specific in its subject matter, yet it explores enough topics in a reasonable level of detail to be reliable. 

 

Lee Marshall, co-editor of the very first source, "Music and Copyright – Second Edition," authors this work of similar form but on a slightly different subject.  The strictness of copyright law in terms of music is once again revisited but is no longer commented on as either fostering or inhibiting creativity in the industry.  Lee more explicitly lays out the fundamentals of copyright law, especially when it applies to bootlegging and piracy, and he broadens the discussion outside of the United States to international copyright law. 

            Prior to his outline of the bootlegging/piracy portion of the industry, Marshall itemizes the four main copyright issues in music.  The first two he identifies as the copyright of the original work itself: song and lyrics.  Beyond that, he clarifies the issue of copyright of the recording and who often owns the rights to a song produced in a studio.  Lastly, he outlines the details of copyright it terms of the performance and the differing stipulations both in the United States and abroad.  Marshall then asserts that the main concerns over performers’ rights stem from issues regarding bootlegging, and he goes on to explain the complicated laws concerning it. 

            Bootlegging and piracy are two of the main portions of copyright law that are most closely related to, if not directly cited in, cases involving digital sampling.  By referencing Marshall’s comprehensive look at copyright law as it pertains to bootlegging, I can not only ascertain for myself whether or not a particular usage is acceptable or not, but I can also refer to the various case studies employed by Marshall if unsure.  In writing this final essay, Marshall’s detailed work on bootlegging and piracy in terms of copyright law has certainly been a valuable source to cite.

 

An academic journal from Columbia University, this source is the first on the list to fully support the other side of the argument between song samplers and those being sampled.  McGiverin begins the journal by arguing for the musician’s rights to be compensated for any and all portions of his work that are reproduced in another work.  He then goes on to divide his work into three main portions: the first of which describes sampling and its implications in the music industry, the second applies the 1976 Copyright Act to sampling from phonorecords, and finally the third investigates state common law and rights of publicity in terms of musicians’ control over their original work. 

            A source of this nature is essential for any paper analyzing the issue of sampling in the music industry, seeing as it provides the exact counter-argument of a few of the sources found.  McGiverin continues to refer to an artist’s sampled work as his or her “auditory identity,” giving great importance to the underlying bass lines and riffs that make up the background of a performance.  In doing so, he asserts the value of these otherwise-overlooked aspects of a work.  Seeing that they are often the portion involved in the sampling, they should be given greater significance and, as McGiverin believes, the original artist should be compensated for their use. 

            As mentioned above, this source is arguably the most important, simply because of the point of view that it represents.  Although this paper has been unbiased in theory, the majority of the sources were all either neutral or in support of one side of the argument.  By providing an intelligent and fresh insight into this half of the issue, this source is one of a few to complete the perspective in order to find a well-informed answer to the question concerning the limits and merits of digital sampling in the music industry. 

            This is a long essay about corporate power in the music industry. The argument is that cross-ownership in the media tends to reduce competition and increases profits, in turn, forcing music production to become increasingly uniform and profit driven, and harming artistic expression. It has descriptions of corporate sponsorship, and the loss of diversity. The next section is about Clear Channel Communications, and how the consolidation takes away jobs, excludes a large variety of music, and provides listeners with a biased source of information. Next, is the analysis of a recent hit, which examines the predetermined song structure which results in homogenized music and play lists, this is called the sound of corporate music. The conclusion suggests that a number of musicians would prefer to circumvent the bureaucratic systems of the industry, and that in order to preserve the artists ability to express sometimes controversial and diverse views, that musicians and the population at large would prefer legislation that moves away from monopolies.

 

            This article is relevant to my research in finding out why copyright holders are willing to waive some of their copyright in such cases as MP3 blogs, which often involve unauthorized downloading of copyrighted work. In the conclusion of the article, it suggests that a majority of musicians are not so upset about free downloads and many who are independently minded, support distribution systems that are not connected with the industry devotion to profit. Some artists who want to make more controversial material release it for free on the internet. It also suggests that this is a reaction to media consolidation, and provides some argument that more copyright control leads to the growth of monopolies, and the limiting of new technology and expression.

A nine minute student documentary of the Free Culture New York Summit held at Columbia University, January 2006. The film explores a new form of student activism, based primarily on and about the Internet. Beginning with the Free Culture demonstration at the Times Square Virgin Megastore, the documentary covers Free Culture members out to educate consumers on alternative forms of music distribution online (archive.org, ccmixter.org, blogs, etc). It continues the discussion with interviews featuring conference participants (Cory Doctorow, Creative Commons, Free Culture students activists). Finally, using cc licenses for distribution and production, the film acts as an example for other young student filmmakers who are interested in alternative copyright licensing.
Mass media and free trade : NAFTA and the cultural industries / Emile G. McAnany and Kenton T. Wilkinson, editors. [0292751982 (alk. paper)] Austin : University of Texas Press, 1996.
Call#: Van Pelt Library P94.65.N7 M38 1996

PART 1

This book is a detailed look at NAFTA and the cultural industries. The book opens with an explanation of trade agreements like NAFTA and GATT as well as FTA and Cultural Industries. The book questions if culture should be subject to free trade. In the second chapter, John Sinclair examines cultural industries and the theory of cultural dominance and imperialism. Sinclair writes about the difference of cultural products from commodities because their appeal is their novelty and they are not used up when they are consumed. Sinclair questions if national culture should be protected by trade laws and to what extent. In the third chapter, Colin Haskins, Adam Finn and Stuart McFadyen write about TV and film in relation to Canada’s response to US dominance in international trade. This chapter is an examination of different country’s responses to US dominance with an economic focus. They question trade issues asking if they are merely goods, if the US is dumping and why the US dominates in the trade of cultural industries. The last section of the chapter is about Canadian policy and an assessment of their laws in relation to cultural industries. The next chapter in this part of the book, by Henry Newcomb, questions what happens to a culture when it adopts another culture’s methods of producing, understanding and representing their culture. Newcomb says that only cultural industries and not the culture itself can be protected by trade agreements. He looks at the issues and problems in defining cultural industries and how to protect them. The next chapter also concentrates on TV and more specifically the soap opera within the context of global media. Robert C. Allen begins with a brief history of the soap opera. Allen chooses to focus on the Mexican telenovela and compare it to US soap operas. In his comparison of the telenovela and the soap opera, Allen argues that the telenovela is a stronger product in the international market than the US soap opera.

 

 PART 2
The next section of the book focuses on Mexico and cultural trade and identity.  The first chapter, by Carlos Monsivias, is about Mexican nationalism and how the US cultural industries and presence in Mexico affects the sense of nationalism in the country.  He claims that the cultural identity needs to stem from adaptability of US culture into the Mexican system because the power of the US cannot be denied.  Following this chapter, Nestor Garcia Canclini also writes about the Mexican identity.  Canclini says that there will be multicultural and trans-cultural changes and influence within Mexico and its social and cultural policies.  Jose Carlos Lozano, in his chapter, focuses on the reception of US cultural industries on the Mexican border and their effects on Mexican culture.  This chapter focuses on the people’s response to the opening of Mexico under NAFTA and the effects of US culture on people close to the border.  He shows that there is nationalism and that people often prefer the products of their country.  The last chapter in this section of the book is by Eduardo Barrera and again deals with issues surrounding NAFTA, cultural industries and the US-Mexico border.  He calls the border a laboratory for post modernity.  Barrera does a case study on TV in a barrio to look at the effect of the transmission of cultural industries across the border with results that support Lozano’s arguments.  The next section of the book focuses on Quebec and issues of trade and national identity. The first chapter shows how cultural industries are important to the survival of cultural identity.  Claude Martin writes about how Quebec’s cultural industries are fundamental to the nation, despite their lack of strength when compared to Hollywood.  The next chapter, by Roger De La Garde, is a look at TV in Montreal and the effects of free trade on the industry and community.  This chapter is similar to those on Mexican border studies, in that it demonstrates a demand and a loyalty to local programming as opposed to English or dubbed-US shows.  The following chapter examines best selling books as a representation of Quebec’s support of their authors.  Jacques Lemieux and Denis Saint-Jacques claim that in the ten years of the study, Quebecois authors sold more books than US authors.  The final chapter on Quebec focuses on the music industry.  Line Grenier again demonstrates that the people of Quebec prefer their own music to the US imports.  The final part of the book focuses on copyright and contracts.  The first chapter focuses on issues surrounding the popular music industry in relation to NAFTA.  It explains how music is always changing copyright law and speculates how NAFTA will change to cover new laws and technologies.  The final chapter, by Keith Acheson and Christopher J. Maule, is a broader look at copyright, NAFTA and cultural industries.  They argue that cultural products are becoming more and more prevalent in daily life and they have an effect on the quality of life.  They demonstrate what copyright does and how it interacts with contracts to function in the cultural industries.  This book was very interesting and provided a lot of points of view on NAFTA and how it works in terms of trading cultural commodities.  The authors’ articles were all different but each section came together to demonstrate common themes and sentiments. 

 

"PEER-TO-PEER: THE PROBLEM IS THE SOLUTION." Fast company [1085-9241] .101 (2005). 58-.
Adam Penenberg’s article on the issues of peer-to-peer (P2P) file sharing look at how this technology affects the film industry and the similarities and differences to music downloads. Penenberg opens with a summary of how feature length films become available on the pirate market. He cites not only leaks within the industry, but also the use of work prints. Despite the great availability of feature films on the Internet, Penenberg is quick to note the differences between downloading a film and downloading a song that protects the film industry, in a sense. Citing a twenty-five percent loss in revenue for the film industry, Penenberg says that the file size of a film makes it harder to download. He says that depending on connection speed, the download of a film can take up to a day. However, some website get around this issue by cutting the movie up into small sections that will not take as long to download. Also, when a film is more widely shared, the faster it downloads, so the more popular films download at a quicker pace. Penenberg, next, moves the article into the issues of combating P2P file sharing. Penenberg says that the film industry could shut down servers and take downloaders to court like the music industry, but he notes that this is not very successful and new servers will be created when old ones are shut down. Penenberg advocates a move to control Internet distribution, calling it the future of the film industry. He advocates a control and good management of the Internet distribution of both film and TV. There is a call for movie downloads on iTunes similar to the music downloads. He says that the industry needs a closed P2P system and they also a strong plan in preventing piracy. Here, Penenberg looks at Kontiki software and the possibilities it creates both in an iTunes-like or subscription service as well as the advertising and promotional aspects. The use of this software is growing greatly, and Penenberg speculates about how other popular P2P websites for film downloading will follow this lead.
The article is short, but gives a very interesting comparison of the music and film industries and a common problem that technology brought. Penenberg shows different approaches to how to solve illegal downloads and piracy, noting the difficulty of the task but giving examples of viable solutions. It is a very informative article and it provides an idea of how the film industry might develop.


belongs to When Two Industires Collide project
tagged Copyright Film_Industry Music_Industry P2P by slstein ...on 17-MAR-06
"MGM v. Grokster and Pending Legislation: What's at Stake for Peer-to- Peer Networks and Copyright Law." The Licensing journal [1040-4023] 25.6 (2005). 1-.

    This article deals with peer-to-peer (P2P) sharing and the film industry.  The ninth circuit court ruled in the case of MGM v. Grokster.  The court ruled that some file sharing Internet services are not liable for copyright infringement committed by their users.  This is a big blow to both the music and film industries.  David Bell and Jeffery Sullivan acknowledge this decision as “legally correct,” but they are also aware of its implications for the entertainment industries.  The sellers of copying equipment are not liable for the use of the equipment in copyright infringement, as decided by the Supreme Court in Sony v. Universal.  Since Grokster and Streamcast were found to have substantially legitimate uses, they fell under the precedent set by the Sony case..  Next, MGM tried to prove vicarious copyright infringement through direct infringement by a primary party, direct financial benefit by the defendants and the ability of the defendants to supervise the users.  This was not proven because the relationship between software provider and user is decentralized and the software provider has no obligation to monitor the actions of its users.  This ruling was appealed. The appeal questions if the defendants are responsible for secondary copyright liability because of the large amount of infringement.  Here, Bell and Sullivan explain the standards for secondary liability.   They argue that the court was to narrow in its definitions for knowledge of infringement and contributions to primary infringement.  Next the article deals with pervious rulings on the case and the necessity of proving legitimate uses if one is to use the Sony verdict in its favor.  The article deals with if and how the Supreme Court should address and respond to this case. The next part of the article explains existing legislation.  It states that copyright holders cannot recover loses from secondary copyright infringement.  It also looks at cases of the record industry against Internet Service Providers, noting the protection of software companies and ISPs.   The article looks at the Induce act, which was brought up fro review recently and would make software companies liable for encouraging copyright infringement.  The article shows the pros and cons of this piece of legislation.  Other pieces of legislation brought up in the article are the Piracy Deterrence and Education Act, the Protecting Intellectual Rights Against Theft and Expropriation Act and the Family Entertainment and Copyright Act.  The article concludes with an explanation of the possible effects of the Supreme Court’s decision on the case.
    The article provides a detailed explanation and example of the copyright issues brought up by P2P technology.  There is a good analysis of the case as well as explanations and references to copyright law and how these issues are being dealt with outside of this specific instance.  The language is a little legal at times, but the article is very comprehensive and informative. 


belongs to When Two Industires Collide project
tagged Copyright Film_Industry Music_Industry P2P by slstein ...on 17-MAR-06
"Copyright and the Music Business" Popular music [0261-1430] 7.1 (1988). 57-.
 
    Simon Frith opens his article with the claim that companies no longer rely on making things, but they are dependent creating rights.  He then goes into an examination of copyright law and the use of this law within the music industry.  He looks at the music in relation to the law as well as technology and politics.  Frith writes first about industrial protection and details a meeting of the International Federation of Phonogram and Videogram Producers (IFPI) and the desire to implement a technology that prevents home recording and copying of tapes.  Frith notes the importance of the IFPI and their role in music copyright as well as the issues that come up with technology and copyright law.  He provides a brief history of musical copyright and the advent of societies such as the Performing Rights Society in the early twentieth century.  He explains the development of performing rights, and the ability to collect royalties for public performance as a result of copyright law, and IFPI’s role in that.   Next, Frith focuses on the tape and the issues of home recording and its effects on revenue.  Frith follows this discussion with the question about the relationship between artist’s copyright and the record company’s copyright. He then turns his focus back to technology saying that the music industry, in terms of copyright and piracy issues, has to deal with the different consumer trends and attempt to profit by working with and against the new technological developments that every era brings.  Copyright is important because one cannot predict new technology or how it will be used.  Frith questions and explains what a musical work is and how it is protected within copyright law.  Frith further defines what it means to “fix” a piece of music.  He also brings up the idea of originality and the issues surrounding that concept.  The sound engineer (both recording and mixing) who works on the song, pre-recorded sound and the uses of loops and samples again complicate all the issues surrounding ownership of a song, says Frith.  He then goes on to bring up licensing with an explanation of how the process works and how it is used to create more revenue.  This section focuses on how copyright makes money in the music industry.  Frith first brings up the necessity of joining a society in order to collect royalties due. The next section talks about more issues surrounding rights to a song and possible compensation for unauthorized recordings.  Frith ends his discussion with the issues of control surrounding a musical work.  He again brings up home taping, unauthorized copying, technology and rights.
    This article is very interesting because it is so dated.  It provides a good look into how copyright law was pushed and used as new technologies developed in the past.  With hindsight, we can now use this article to examine how copyright law has worked within entertainment industries over time and apply that to the copyright issues of today. 

 
belongs to When Two Industires Collide project
tagged Copyright Music_Industry by slstein ...on 17-MAR-06
Vaidhyanathan, Siva.. Copyrights and copywrongs : the rise of intellectual property and how it threatens creativity / Siva Vaidhyanathan. [0814788068 (alk. paper)] New York : New York University Press, c2001.
Call#: Van Pelt Library Rosengarten Reserve Z642 .V35 2001
 
    Siva Vaidhyanathan’s Copyright and Copywrongs is a history of Copyright law with a focus on its evolution within the film and music industries. Vaidhyanathan opens his book with an explanation of what copyright is and how it came to be.  Hi focus begins with print laws and what copyright was originally intended to do.  Next, Vaidhyanathan spends time explaining what fair use and private uses are within copyright law.  He shows how limited freedoms are granted in order to further the use and creation of intellectual property. He says copyright in the United States protects the specific expressions of ideas, not the ideas themselves.  After his explanation of the basics of copyright law, Vaidhyanathan focuses on literary copyright and Mark Twain.  He writes about Twains appearances before congress to argue for protection. This chapter focuses on the development of copyright in England and its transition to the United States.  Vaidhyanathan then shifts his focus to copyright and the film industry.  In this section he details the development of film copyright, especially highlighting the importance of Thomas Edison and D.W. Griffith in using and challenging the law and status quo.  This chapter also looks at the ideas of derivative works and the protections afforded under copyright laws. Vaidhyanathan demonstrates how the use of patents and copyrights developed both the industry and the law.  He talks about the “web” of expression and the importance of the verdicts of Judge Learned Hand in the development of film copyright laws.  The last section of Vaidhyanathan’s book looks at how the music industry deals with copyright. Vaidhyanathan explains issues like “total concept and feel.”  He also gives many examples of how musicians fight for recognition and payment when their compositions are used without consent or credit. Vaidhyanathan chooses to focus a lot on Hip Hop because that is the genre of music that has caused the most turmoil in relation to copyright. He shows how Hip Hop pushed and violates copyright law and the music industries response to Hip Hop.  
    Vaidhyanathan closes the book with a look at digital copyright issues and international law.  This section deals with computer software as well as Napster and P2P file sharing.  It also deals with international protections and standardization issues. 
    The book provides a good explanation of the history of copyright and literary copyright law and development.  However, its focus on the film industry shows how the law developed and was used and tested, the chapters pertaining to this aspect of copyright did not go into the law and ideas of copyright in the same detail of literary copyright.  The section on the music industry was also extremely limited and tangential at times.  Its focus was mainly on Hip-Hop and the tension between the genre and the law and how they functioned together.  This section did not go very deep into the basics of musical copyright and seemed to get too far away from copyright in some of its arguments about Hip Hop.  Although they are valid arguments in a broader scope, they do not seem fitting to the book as a whole.

 
A nine minute student documentary of the Free Culture New York Summit held at Columbia University, January 2006. The film explores a new form of student activism, based primarily on and about the Internet. Beginning with the Free Culture demonstration at the Times Square Virgin Megastore, the documentary covers Free Culture members out to educate consumers on alternative forms of music distribution online (archive.org, ccmixter.org, blogs, etc). It continues the discussion with interviews featuring conference participants (Cory Doctorow, Creative Commons, Free Culture students activists). Finally, using cc licenses for distribution and production, the film acts as an example for other young student filmmakers who are interested in alternative copyright licensing.