Take heed folks, Melody charges clients a lot of wonga for advice like that!
:-) K Ken Odeluga Copy Editor, Markets - Market Talk Dow Jones Newswires 10 Fleet Place Limeburner Lane LONDON EC4M 7QN 020 7842 9297 [EMAIL PROTECTED] -----Original Message----- From: Melody Ng [mailto:[EMAIL PROTECTED] Sent: 25 May 2005 00:16 To: fab.; 313@hyperreal.org Subject: RE: (313) is there such a thing as plagiarism? Hi Fab This answer is assuming that the label is in a country that offers copyright protection... The example you give isn't just plagiarism, it's (potentially) a breach of copyright. What may constitute a breach of copyright includes reproduction, performing/ playing, communicating it, or adapting a "substantial part" of the work. What constitutes a "substantial part" depends on a case by case basis but the important factor is that it is recogisable and distinctive - I'd imagine a loop would be quite distinctive. If I were your friend I would write a letter to that label again, outlining those facts and ask for some remuneration for the use of that loop. In terms of 'code of conduct' etc relating to making of music using samples/ previously recorded material, anyone who is making this music who wants to release it commercially should really go out and try and get those licences first hand. The Beastie Boys were talking about that in an issue of Wired earlier this year. I can't remember what specific cases there are out there, but I seem to recall that even though you can argue that the adaption is a whole new original work, courts around the world are usually on the side of the original copyright owner. It's not very practical, but the only way to resolve these things is through the courts, and no one wants to have to go through that. On a practical note, and I know this sounds really anal retentive, I'd make sure that any letters I send out to labels in future clearly stated that permission needed to be sought before use; or alternatively state very clearly that it's for listening and review only and for no other reason. For non-commercial releases, I suggest a Creative Commons licence. Cheers Melody -----Original Message----- From: fab. [mailto:[EMAIL PROTECTED] Sent: Tuesday, 24 May 2005 19:57 To: 313@hyperreal.org Subject: (313) is there such a thing as plagiarism? hi list, a friend of mine recently send a demo cd-r to a well-known, and dare i say, respected label looking to hopefully work with them. A few months later he listens to a new release by them and finds that the main loop that one of the tracks is built around has been taken from his cd-r. i've heard it and it objectively is the case.... my friend's only problem with all this is that they didnt wirte to him telling him that they liked the track and wanted to use a sample of it. it's not a quesiton of being ripped-off but rather having some sort of acknowledgement and appreciation being manifested. i think this is an example fo what is or isnt to be considered plagiarism in electronic music. given that it is music made by using samples and also previously recorded material, is there a line that is not meant or even a sort of code of conduct to follow so that someone doesnt feel ripped-off? cheers, fab. ---- CITYMORB MUSIC www.citymorb.net | [EMAIL PROTECTED] ---- next release: CTM001 Receptor - Moving Head ep. ###################################################################### Notice: The information contained in this electronic mail is intended solely for the addressee(s) and may be confidential and/or privileged. If you have received this electronic mail in error, please delete it from your system and kindly notify the sender. If you are not the intended recipient you must not reproduce any part of this electronic mail or disclose its contents to any other party. ######################################################################
