Comments on

Free Samples

Original entry posted: Thu Feb 16 23:51:48 2006

Corvus @ Thu Feb 16 18:23:36 2006 EST

I saw that and almost pointed out to Mr. Ellis that every time someone uses terms like "hysterical" to describe an opposing viewpoint, their argument is weakened.

Corvus @ Thu Feb 16 18:29:03 2006 EST

Oh, and copyright law isn't keeping lazy artists from doing anything. Lazy artists will always use too many samples and kludge together clumsy mash-ups. Copyright law just prohibits them from getting actual records produced (mostly), which laziness would have probably prohibited in the first place.

Thomas @ Thu Feb 16 18:51:48 2006 EST

One would hope.

I think the real weakness in his argument isn't "hysterical," it's "lazy." I don't think sampling producers consider themselves lazy.

Thomas @ Thu Feb 16 18:55:32 2006 EST

Actually, let me add to that and beat my pseudonymous friend to the punch: the injustice in intellectual property, as applied to musical sampling, is less about the actual rights and more about the fact that artists backed by large companies have more resources to defend their sampling than independents do.

To which I can only say that actual musicians have faced that same basic pressure for years. Perhaps the point of attack should not be to defend those who appropriate the IP of others, and instead level the ground on which the transaction takes place.

pseudonymous @ Tue Feb 21 14:46:27 2006 EST

On the one hand, I don't like to be so predictable that one can anticipate my arguments. On the other hand, it's rather flattering that people are trying to anticipate the pseudonymity.

I agree with Thomas: there is a certain unfairness at work here, and the plan of attack should be to level the playing field.

What I see missing from the conversation is this: who said pop music was art?

Thomas argues:
Let's be honest: it's novelty music created from the labor of others. Is that really the best example that intellectual freedom has to offer? Is that really an art form that we should spend a lot of time defending?

I could have said the same thing about pop music. We're not necessarily protecting art when we protect copyright. We're protecting commodities. And I might be ready to defend mash-ups and remixes as art if the point of them is point this out.

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