RE: (313) is there such a thing as plagiarism?

2005-05-25 Thread Melody Ng
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. 



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Re: (313) is there such a thing as plagiarism?

2005-05-25 Thread James_Bucknell




apparently this is a problem in hip hop. i recently read/listened (?) to an
article about the same problem, can't remember where. maybe it was on the
bbc site or fader mag or wax poetics.
excuse my rudimentary knowledge. anyway,  there are beat hunters - people
who go through old david alexrod records or whatever and find breaks/loops.
they then try to sell the beats or pitch themselves by showing their cd-r
of beats to big name artists and producers only to be ripped off.
james
www.jbucknell.com





   
 fab.
 [EMAIL PROTECTED] 
   To 
   313@hyperreal.org 
 24/05/05 07:57 PM  cc 
   
   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.



ForwardSourceID:NT0001E84A



Re: (313) is there such a thing as plagiarism?

2005-05-25 Thread /0
and use certified mail, if available.  that way there is no we never got 
that letter bs.


if all else fails fab, I'll talk to them :ppp
- Original Message - 
From: Melody Ng [EMAIL PROTECTED]

To: fab. [EMAIL PROTECTED]; 313@hyperreal.org
Sent: Tuesday, May 24, 2005 7:15 PM
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.
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RE: (313) is there such a thing as plagiarism?

2005-05-25 Thread Odeluga, Ken
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.
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(313) is there such a thing as plagiarism?

2005-05-24 Thread fab.

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. 





RE: (313) is there such a thing as plagiarism?

2005-05-24 Thread Odeluga, Ken
Yeah, it's a common story Fab.

I also have a friend who produces electronic music, who, a few years ago
sent some material to a *very* well-known and highly-respected British
electronic music act.

You guessed it, no response to his little packet but perhaps a year
later, they released something which did sound suspiciously similar to
the track he'd sent them.

My view is that of course its plagiarism, but of course, if one isn't
careful, it can be extremely difficult to prove.

More importantly the morals of the story are: 1. don't send unsolicited
material to people whom you don't know and trust, and 2. follow the
simple copyright (UK law) measure of sending a reference of your work to
some external body - yes the old trick of sending your cd in the post to
yourself is good enough, so long as the post gets stamped and you don't
open it, except in the event of a dispute.

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: fab. [mailto:[EMAIL PROTECTED] 
Sent: 24 May 2005 10:57
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. 





Re: (313) is there such a thing as plagiarism?

2005-05-24 Thread Jari Tolkkinen

On Tue, 24 May 2005, fab. wrote:


hi list,



Hi.

I'd try to settle (what ever that is in this case) with the label in 
question first and if there is no progress what-so-ever, I'd let everybody 
in the music industry (including this list) to know about this incident 
:-)


No, I'm not joking.

--
Jari Tolkkinen | dj ken-guru | http://www.ken-guru.net
--



RE: (313) is there such a thing as plagiarism?

2005-05-24 Thread Robert Taylor
I'd go round their gaff with a hammer.
;-)

-Original Message-
From: Jari Tolkkinen [mailto:[EMAIL PROTECTED]
Sent: 24 May 2005 10:55
To: fab.
Cc: 313@hyperreal.org
Subject: Re: (313) is there such a thing as plagiarism?


On Tue, 24 May 2005, fab. wrote:

 hi list,


Hi.

I'd try to settle (what ever that is in this case) with the label in 
question first and if there is no progress what-so-ever, I'd let everybody 
in the music industry (including this list) to know about this incident 
:-)

No, I'm not joking.

--
Jari Tolkkinen | dj ken-guru | http://www.ken-guru.net
--

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Re: (313) is there such a thing as plagiarism?

2005-05-24 Thread robin
I also have a friend who produces electronic music, who, a few years 
ago

sent some material to a *very* well-known and highly-respected British
electronic music act.

You guessed it, no response to his little packet but perhaps a year
later, they released something which did sound suspiciously similar to
the track he'd sent them.


what use is a thread about plagiarism if we don't name names? :)

dish it!

robin...



RE: (313) is there such a thing as plagiarism?

2005-05-24 Thread Odeluga, Ken
Heh heh, I'd love to Robin! But I don't think it's not for me to do that
...

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: robin [mailto:[EMAIL PROTECTED] 
Sent: 24 May 2005 12:15
To: Odeluga, Ken
Cc: fab.; 313@hyperreal.org
Subject: Re: (313) is there such a thing as plagiarism?

 I also have a friend who produces electronic music, who, a few years 
 ago
 sent some material to a *very* well-known and highly-respected British
 electronic music act.

 You guessed it, no response to his little packet but perhaps a year
 later, they released something which did sound suspiciously similar to
 the track he'd sent them.

what use is a thread about plagiarism if we don't name names? :)

dish it!

robin...




Re: (313) is there such a thing as plagiarism?

2005-05-24 Thread fab.
like Jari said, first take it with themand if nothing happens, trust me 
i will be dishing names!


fab.

- Original Message - 
From: robin [EMAIL PROTECTED]

To: Odeluga, Ken [EMAIL PROTECTED]
Cc: fab. [EMAIL PROTECTED]; 313@hyperreal.org
Sent: Tuesday, May 24, 2005 1:15 PM
Subject: Re: (313) is there such a thing as plagiarism?



I also have a friend who produces electronic music, who, a few years ago
sent some material to a *very* well-known and highly-respected British
electronic music act.

You guessed it, no response to his little packet but perhaps a year
later, they released something which did sound suspiciously similar to
the track he'd sent them.


what use is a thread about plagiarism if we don't name names? :)

dish it!

robin...








RE: (313) is there such a thing as plagiarism?

2005-05-24 Thread alex . bond

I seriously can't believe this stuff still goes on. But, well, thats life I
suppose. It's really hard to prove somone did it deliberately, peoples
influences can be so similar, and in 'our' type of music, stuff can end it
sounding similar without it being deliberately done. Bah, it's rubbish
anyway.

I mean, when I sent Kevin Saunderson a copy of a track I made called Big
Fun Bags, imagine my surprise when it became a chart hit not 10 months
later.*

but I'm not bitter.

Alex

*there might be a slight porkie pie in this somewhere.




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RE: (313) is there such a thing as plagiarism?

2005-05-24 Thread Jari Tolkkinen

On Tue, 24 May 2005 [EMAIL PROTECTED] wrote:


I mean, when I sent Kevin Saunderson a copy of a track I made called Big
Fun Bags, imagine my surprise when it became a chart hit not 10 months
later.*


You owe me one keyboard thank you very much.

--
Jari Tolkkinen | dj ken-guru | http://www.ken-guru.net
--



RE: (313) is there such a thing as plagiarism?

2005-05-24 Thread David Beattie
Hi Alex, Im guessing that the porkie is one of these 2
lines, am I right:

--- [EMAIL PROTECTED] wrote:
 
 I seriously can't believe this stuff still goes on.
 
 but I'm not bitter.


Cheers
BT