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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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