Author Topic: what constitues fair use?  (Read 1712 times)

miss pretentious

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what constitues fair use?
« on: August 07, 2008, 09:47:00 am »
the new york times ponders that through girl talk.
 
 http://www.nytimes.com/2008/08/07/arts/music/07girl.html?pagewanted=1&_r=1&ref=arts
 
 Steal This Hook? D.J. Skirts Copyright Law
 
 The D.J. Girl Talk has won positive reviews for his new album and news media attention for its Radiohead-style pay-what-you-want pricing, and on Friday night he is scheduled to play a high-profile gig at the All Points West festival in Jersey City. Not bad for an artist whose music may be illegal.
 
 Girl Talk, whose real name is Gregg Gillis, makes danceable musical collages out of short clips from other people??s songs; there are more than 300 samples on ??Feed the Animals,? the album he released online at illegalart.net in June. He doesn??t get the permission of the composers to use these samples, as United States copyright law mostly requires, because he maintains that the brief snippets he works with are covered by copyright law??s ??fair use? principle (and perhaps because doing so would be prohibitively expensive).
 
 Girl Talk??s rising profile has put him at the forefront of a group of musicians who are challenging the traditional restrictions of copyright law along with the usual role of samples in pop music. Although artists like the Belgian duo 2 Many DJs have been making ??mash-ups? out of existing songs for years, Girl Talk is taking this genre to a mainstream audience with raucous performances that often end with his shirt off and much of the audience onstage.
nothx

beetsnotbeats

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Re: what constitues fair use?
« Reply #1 on: August 07, 2008, 11:02:00 am »
If you're really interested, check out these essays:
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kosmo vinyl

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Re: what constitues fair use?
« Reply #2 on: August 07, 2008, 12:38:00 pm »
Illegal Arts and Girl Talk fully expected to be sued into oblivion over the last record.  Why do you think I own two copies of it  ;)   But were obviously surprised that no one came after them.
 
 The KLF/JAMS did something like a decade or so ago and were forced to burn the master tapes of the record so it couldn't be manufactured anymore.  Their samples were just as blatant as the Girl Talk ones.  The lesson learned from that record is not to mess with ABBA.
T.Rex

sonickteam2

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Re: what constitues fair use?
« Reply #3 on: August 07, 2008, 02:40:00 pm »
I applaud anything and everything that aims at ending this mash-up craze.
 
  its worse than tribute bands.
 
 (also, didnt Danger Mouse do this with the Grey Album...basically release an album just to get it banned ....thus gaining tons of street cred and buzz around the globe...earning him slots and popular summer festivals and eventually getting him a spot in the biggest joke band of the 21st century?)

vansmack

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Re: what constitues fair use?
« Reply #4 on: August 07, 2008, 02:47:00 pm »
Quote
Originally posted by very sonick:
  also, didnt Danger Mouse do this with the Grey Album...
It's no jay-zeezer, but yes.
27>34

Bombay Chutney

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Re: what constitues fair use?
« Reply #5 on: August 07, 2008, 03:14:00 pm »
Quote
Originally posted by beetsnotbeats:
 
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Oswald did a great job of assembling the  Dead's Grayfolded cd, back in the early 90s.   He took over 100 different versions of "Dark Star", chopped them up and layered them to come up with one massive version.  It's pretty amazing stuff.

Sage 703

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Re: what constitues fair use?
« Reply #6 on: August 07, 2008, 04:13:00 pm »
Quote
Originally posted by vansmack:
   
Quote
Originally posted by very sonick:
  also, didnt Danger Mouse do this with the Grey Album...
It's no jay-zeezer, but yes. [/b]
This was awful.

killsaly

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Re: what constitues fair use?
« Reply #7 on: August 07, 2008, 04:50:00 pm »
Those samples Girl Talk uses are long enough and noticeable enough to have to pay for them.  I dont see any legal way he can not.  Playing the tunes out, and making free cds for giveaway on the internet is one thing, but as soon as you start to ask for money for a cd full of unauthorized samples, lawsuits are reality.  If he would make his money  strictly off of touring, then he would be fine.