tag:blogger.com,1999:blog-4296942054147310421.post6903128258222888171..comments2021-08-24T23:11:23.558-05:00Comments on LIS 661: Information Ethics and Policy: week/module iv: freedom of expressionSarah. R.http://www.blogger.com/profile/13495338005089494192noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-4296942054147310421.post-20048933845037931112010-09-29T20:32:54.536-05:002010-09-29T20:32:54.536-05:00As a musician myself, a drummer to specific, the A...As a musician myself, a drummer to specific, the Amen Break film left me with some difficult things to ponder. For example, the actual beat itself - while tricky - is not impossible to re-create. You could even take it a step further and imitate the drum tunings, room sound, eq, etc., until you have a workable approximation of break on the Winstons record, which you could then "legally" use as your own. It's not quite sampling, but it's also part of a musical tradition that's almost as old as music itself. Compare this with what happened to George Harrison some years back when he, by his own account, unconsciously borrowed some chord changes from The Chiffons and wound up in court for it. Apparently, you can "steal" as much as is needed, drum-wise, but if you play a melodic instrument, you have to be extra careful.<br /><br />Also, while I'm on about the Amen Break, consider the work of <a href="http://www.youtube.com/watch?v=gpAx9J4lM4Q&feature=related" rel="nofollow">this guy</a>. Is what he's doing sampling?Frederick Jhttps://www.blogger.com/profile/17291284255670026861noreply@blogger.comtag:blogger.com,1999:blog-4296942054147310421.post-11053313742892457032010-09-28T23:38:56.136-05:002010-09-28T23:38:56.136-05:00David, if you are a Girl Talk fan, be sure to chec...David, if you are a Girl Talk fan, be sure to check out the optional movie I directed everyone to this week in this post: http://lis661.blogspot.com/2010/09/rip-remix-manifesto-for-digital.html . It features Girl Talk throughout the movie; he is its main subject.Sarah. R.https://www.blogger.com/profile/13495338005089494192noreply@blogger.comtag:blogger.com,1999:blog-4296942054147310421.post-71424953574010846262010-09-28T23:38:13.270-05:002010-09-28T23:38:13.270-05:00Zach and everyone: you are right to point out that...Zach and everyone: you are right to point out that it simply not practical for most people to make themselves test cases/martyrs for a cause such as a relaxing or reimagining of copyright law. But what does that mean for all of you as possible/future/current librarians and information professionals? Could a policy advocacy role be a part of your professional duties? What would that look like? What about taking on employment in the area of policy work itself? Having lived/worked in D.C. for a period of time in this area, I can tell you that the lawyers who tend to gravitate toward that field tend to welcome and respect people with the kinds of preparations you are receiving in LIS programs - and they need your voices, too. Who among us envisions making work in these areas part of your job description? <br /><br />I'd like to point everyone to Larry Lessig's introduction to McLeod's book, which is one of the reasons I chose it for you to read, in which he reminds us all that laws are not handed down from on high but are human constructs and subject to mutability and change. That's important to remember as we carry on. Great comments, everyone.Sarah. R.https://www.blogger.com/profile/13495338005089494192noreply@blogger.comtag:blogger.com,1999:blog-4296942054147310421.post-50839426163349440192010-09-28T21:58:44.481-05:002010-09-28T21:58:44.481-05:00Alcibiades, I share your reservations regrading th...Alcibiades, I share your reservations regrading the efficacy of legislative solutions to the abuse of copyrights, trademarks and patenting. Regarding copyright, there are a number of artists that are operating as copyright provacatuers and in some instances actually winning battles. In my blog post I mention the DJ act Girl Talk whose album is made entirely of uncleared samples. To my knowledge he has not yet been sued for copyright infringement. many other artists are also recognizing the creative value in sharing. It is no longer uncommon to see artists offer the stems of their music for fans to remix. Major record labels have given up on the draconian measure of suing individuals for file sharing. So on the cultural front there are some battles being won.<br />However, I don't see the same thing happening in regards to bio-tech or other patents. There just aren't a legion of amateurs out there with basement labs that are able to flout a bio-tech firm's patents in an attempt to cure cancer or some other intractable disease. The only way that we are going to combat corporate power in this arena is from the grass roots. So we agree, in this regard. But the solution will ultimately have be a legislative one, even if the original catalyst is born of a grassroots movement.Davidhttps://www.blogger.com/profile/05652824085802653117noreply@blogger.comtag:blogger.com,1999:blog-4296942054147310421.post-486875422978956962010-09-28T19:52:08.858-05:002010-09-28T19:52:08.858-05:00I agree with your sentiment that “the material was...I agree with your sentiment that “the material was educational and…disheartening.”I would add frustrating as well. It makes me wish, on some level, for a different life. McLeod’s assertion that the answer to the problem is for more people to stand up to corporations and not be scared by the threat of litigation is understandable and inspiring, but it is less than practical for most people – which is proven by the fact that more people don’t stand up for their rights. It makes me wish, on some level, for a different life. With a family to support, I don’t have the time or the resources to devote to battling evil corporations in court – the right thing to do in the big picture unfortunately doesn’t mean much when you can’t buy groceries. Even McLeod recognizes the battles are to be picked carefully when he decides to abandon handing out First Amendment fliers at the mall once the police are called. I admire those that are willing to risk it all to fight the good fight, but it can’t be expected of everyone. I don’t think trying to convince the government that a legislative solution is needed is necessarily going to be the end solution either. It is just as valiant as fighting legal action (or the threat of it), but in the end the laws aren’t the problem it is how they are interpreted and manipulated. Any legislation that is strong enough to actually undue some of the harm is likely never to pass; like Congressman Boucher’s Digital Media Consumers’ Rights Act, mentioned by McLeod on page 330. It was shut down by lobbyists before it even got started. I think that more likely sources of solution are movements like Creative Commons. It works with creators to tweak existing laws, creating more freedom without having to completely overhaul the system. Maybe in time, I take the liberty to be optimistic here, the little cc of Creative Commons will overtake “big C” in as the standard mark on copyrighted material.<br />Whatever the solution, the hope is in educating people about the issues. I was (and still am to a large extent) woefully ignorant of much of what we have discussed in this class before the term started. The more I know, the more I want to do, even if it is only done in small ways. I think that if more people knew the issues and their rights (or the lack there of) then more people that were in a position to would fight the legal battles or help push through legislation the favored the freedom of information or would take advantage of things like Creative Commons. The ray of sunshine is that, although the internet has created new issues in this field, things like file sharing and the distribution of information in general have already made more people aware of these restrictions then ever before. People just have to be shown that they don’t need to be afraid of it all.Zach Berkleyhttps://www.blogger.com/profile/14816981725618294017noreply@blogger.comtag:blogger.com,1999:blog-4296942054147310421.post-17630284563812151272010-09-27T17:02:37.010-05:002010-09-27T17:02:37.010-05:00Diana, I will seize upon your last paragraph for m...Diana, I will seize upon your last paragraph for my comment. I am worried about a government solution, since it seems as if legislation always ends up favoring the corporations. McLeod made a great point (I thought) that we don't need more legislation, since the laws already side with the people's interests. What is needed is for more people to stand up to the corporations in court (p. 147). Though there have been setbacks for defendants (Biz Markie), I was impressed with the number of times the courts have backed the artists being sued by big companies. Defending oneself is, of course, extremely costly and that is the whole problem. A possible solution: just as the ACLU has taken up the cost of defending some of those targeted for sampling, we should encourage and contribute to any organization that stands up for artists against corporations in these situations. Once the economic playing field is made more even, the corporations will no longer have any real advantage, and the justice of each case can be settled on its merits. No doubt corporations would be much discouraged against filing suit once they perceive that they will actually have to go through a trial and can no longer count on bullying the little guys into submission.<br /> When is sampling fair use and when is it a copyright violation? How much sampling is ok before copyright becomes an issue? These questions, it seems, have not been conclusively answered in court, due at least partly to the unwillingness of small actors to take on the large media powers. Until more cases are actually heard and ruled upon by a judge, the murkiness of the issue creates fear and uncertainty, effectively stifling artistic creativity.Alcibiadeshttps://www.blogger.com/profile/16637372557433190165noreply@blogger.comtag:blogger.com,1999:blog-4296942054147310421.post-27034486115412939822010-09-27T15:50:09.367-05:002010-09-27T15:50:09.367-05:00Diana, thanks for this impassioned synthesis! It ...Diana, thanks for this impassioned synthesis! It seems that this week's reading really touched on your own interests and experiences. Great job.Sarah. R.https://www.blogger.com/profile/13495338005089494192noreply@blogger.com