This academic journal is published by Cambridge University Press and is a commentary on the first source listed above. Laing highlights the most important points of Frith’s work, offering his professional opinion in a disagreement, agreement, or clarification in the very least. A notable quality of this journal is the fact that is it printed in Great Britain; therefore it offers the insight of a foreigner analyzing American copyright law in contrast to that of the United Kingdom. This perspective draws attention to aspects of the law that may not been previously considered.
The essay is short and concise, wasting no words in a full examination of Frith’s work. He calls into question Frith’s assertion that the copyright system is an “aspect of the competition between different music producers…and…different music users,” and claims that there is much more to it than that. He acknowledges the complexities in the system in that they do not clearly favor or target neither the creator, nor the performer, nor the consumer. Slightly outdated, this essay was written before any sampling lawsuits were completed in the courts (at least in Great Britain) however, this serves as a strength instead of a weakness, however, seeing as his calculated predictions can be measured against the results to gauge how scholars viewed the subject.
This journal is not only an intellectual work in itself, but it is also an intelligent deciphering of some of Frith’s most significant assertions. This serves the reader well as some of his reading can be confusing and seem contradictory at parts. In reading Frith’s work, I will be sure to keep Laing’s journal on hand for color and clarification in order to most accurately comprehend the discussion and facts presented.
tagged appropriation bootlegging copyright_infringement digital_music digital_sampling great_britain international_copyright_lawcopyright music piracy sampling by minglet ...on 25-NOV-08
This book is a guide – as its title might suggest – to all things digital when it comes to music. It serves as not so much an analysis on copyright in the music industry as a whole, but rather as a set of legal and technical guidelines so that one may participate in the consumption and production of such music without infringing on copyrights. In other words, it describes for the reader all of the ins-and-outs of the digital music industry so that one may know where in the law his practices may reside.
Hill’s book has entire chapters devoted to the assessment of what is legal, what is not, and how to go about participating in said sanctioned musical practices. He identifies a list of acceptable file-sharing websites, and offers his own commentary on why others are forbidden, as well as why these are acceptable. The book begins with a basic introduction into the technologies and methods used in the digital realm and then goes deeper to list available services and to comment on the merits of various practices. His advice is clear and he condones no illegal activity, yet he makes clear why certain people might be motivated to circumvent copyright laws in terms of digital music. He further lists specific file types and programs that are used in these practices and he identifies useful software. He finishes the book with another broad chapter about the “Conscience of Digital Music” as a whole as well as his prediction of the future of the industry.
Hill’s technological knowledge is a key aspect of this book that has allowed me to delve deeply into the details of digital music production and sharing. He explains these issues in simple terms, while still conveying the complexity of their implications. In writing this final paper, the technological terms and details from this book will provide much-needed expertise in a field that I am not necessarily well-versed in. In my analysis of the acceptability of digital sampling, I must first know how the practice works and what techniques are involved; this book offers me this knowledge, which is key to reaching a conclusion in my final paper on what sampling is acceptable within copyright law.
tagged appropriation bootleg bootlegging burning copyright copyright_infringement digital_music digital_sampling downloading file-sharing grokster kazaa mix-cd mp3 music peer-to-peer piracy remixing ripping sampling sharing software song by minglet ...on 25-NOV-08
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.
tagged camille_yarbrough copyright copyright_act creative_commons digital_sampling fatboy_slim international_copyright_law morality music music_industry notjustmoreidlechatter paul_linsky phonorecords piracy public_enemy remixing sampling speech by minglet ...on 25-NOV-08
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.
tagged author's_rights botlegging copyright copyright_act digital_sampling international_copyright_law lyrics music music_industry performer's_rights piracy prducer's_rights sampling song by minglet ...on 25-NOV-08



