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[News] Intellectual Monopolists Betray Band (Ok Go)

  • Subject: [News] Intellectual Monopolists Betray Band (Ok Go)
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Tue, 23 Feb 2010 18:57:13 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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WhoseTube?

,----[ Quote ]
| MY band is famous for music videos. We 
| direct them ourselves or with the help of 
| friends, we shoot them on shoestring 
| budgets and, like our songs, albums and 
| concerts, we see them as creative works and 
| not as our record companyâs marketing tool.
| 
| In 2006 we made a video of us dancing on 
| treadmills for our song âHere It Goes 
| Again.â We shot it at my sisterâs house 
| without telling EMI, our record company, 
| and posted it on the fledgling YouTube 
| without EMIâs permission. Technically, this 
| put us afoul of our contract, since we need 
| our record companyâs approval to distribute 
| copies of the songs that they finance. It 
| also exposed YouTube to all sorts of 
| liability for streaming an EMI recording 
| across the globe. But back then record 
| companies saw videos as advertisements, so 
| if my band wanted to produce them, and if 
| YouTube wanted to help people watch them, 
| EMI wasnât going to get in the way.
| 
| [...]
| 
| Embedded videos â those hosted by YouTube 
| but streamed on blogs and other Web sites â 
| donât generate any revenue for record 
| companies, so EMI disabled the embedding 
| feature. Now we canât post the YouTube 
| versions of our videos on our own site, nor 
| can our fans post them on theirs. If you 
| want to watch them, you have to do so on 
| YouTube.
`----

http://www.nytimes.com/2010/02/20/opinion/20kulash.html

EMI Gets State Farm To Sponsor Embedding Ok Go Video -- But Should You Need A Sponsor To Embed?

,----[ Quote ]
| Now comes the news of a "resolution" to the 
| issue, as EMI will allow an Ok Go video to 
| be embedded thanks to an as-yet-unexplained 
| "sponsorship" by State Farm. While this 
| shows, in some way, how different business 
| models can step in and help pay for 
| content, it worries me that EMI now seems 
| to think a video needs to be directly 
| sponsored to allow for embedding.
`----

http://techdirt.com/articles/20100222/1216268255.shtml

The Irreducible Complexity of Copyright

,----[ Quote ]
| Current intellectual property law frowns on 
| "copying" as opposed to mere "influence." 
| If I write and record a song that is 
| manifestly influenced by the sound of the 
| Beatles, that's just how culture works; if 
| I remix or reperform a medley of their 
| songs, that's infringing. One way to think 
| about the distinction is to ask how much 
| mutation of the original work has occurred 
| in my head before I send it out into the 
| world. We can imagine my sitting with a 
| guitar playing "Taxman," beginning by 
| improvising new lyrics, and gradually 
| altering the melody until I've produced a 
| song that is sufficiently transformed to 
| count as an original work, though perhaps 
| still a recognizably Beatlesesque one. I'm 
| free and clear under copyright law just so 
| long as I only record and distribute the 
| final product, which consists of enough of 
| my own contribution that it no longer 
| counts as a "copy."
| 
| Implicit in this model is the premise that 
| creativity is fundamentally an individual 
| enterprise--an act of intelligent design. 
| Yet so much of our culture, historically, 
| has not been produced in this way, but by a 
| collective process of mutation and 
| evolution, by the selection of many small 
| tweaks that (whether by chance or owing to 
| some stroke of insight) improve the work, 
| at least in the eyes of the next person to 
| take it up. Perhaps ironically, this is the 
| kind of evolutionary process by which myths 
| evolve--myths of life breathed into mud, or 
| of Athena springing full-grown from the 
| head of Zeus. Our legal system now takes 
| these evolved myths as its paradigm of 
| creation. 
`----

http://www.juliansanchez.com/2010/02/16/the-irreducible-complexity-of-copyright/


Recent:

Music as Commerce: Understanding a Mindset

,----[ Quote ]
| By and large, thinking of music as
| commerce, as strictly a means through which
| money is made, is what got the record
| industry into this mess in the first place.
| Long before the Internet and file-sharing
| became common scapegoats, the record
| industryâs growth was already based on the
| notion of a forever expanding market for
| music that never existed.  Because music is
| such a definitive part of the human
| experience and passionately embraced the
| world over, it was supposed that quarter to
| quarter not only could record labels
| achieve exponential growth, but that from
| album to album an artist ought to be able
| to achieve the same results.  But, as we
| now know, this mindset can only persist for
| so long, because music as commerce expands
| rather differently from music as culture.
`----

http://www.hypebot.com/hypebot/2009/12/music-as-commerce-understanding-a-mindset.html
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