Transcript Slajd 1

Introduction to Illegal Art
Illegal art techniques
Unauthorized
•Sampling
•Remixing
•Collaging
Likely theoretical approaches
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Reproduction
Simulation
Appropriation
Intertextuality
Deconstruction
Recontextualization
Revitalization
Revaluation
etc.
Copyrights / Intellectual Property
Usually thought of in:
• pop – cultural contexts
– ‘mechanical rights’
– ‘publishing rights’
– Fair use
– Public Domain
• Remember however
about corporate contexts
– trademarks
– patents
– trade secrets
DADA knows everything. DADA spits
everything out.
• Anti-art
• Anti-aesthetics
• ‘How does one achieve eternal bliss?
By saying dada. How does one become
famous? By saying dada. With a noble
gesture and delicate propriety. Till one
goes crazy. Till one loses consciousness.
How can one get rid of everything that
smacks of journalism, worms, everything
nice and right, blinkered, moralistic,
europeanised, enervated? By saying
dada.’ (Hugo Ball)
• ‘‘The Dada philosophy is the sickest,
most paralyzing and most destructive
thing that has ever originated from the
brain of man.’’ (American Art News, 1918)
Marcel Duchamp (1887 – 1968)
• ‘Nude Descending a Staircase’ (1912)
Marcel Duchamp (1887 – 1968)
• ‘Nude Descending a Staircase’ (1912)
• ‘Fountain’ (1917)
Marcel Duchamp (1887 – 1968)
• ‘Nude Descending a Staircase’ (1912)
• ‘Fountain’ (1917)
• ‘L.H.O.O.Q.’ (1919)
Marcel Duchamp (1887 – 1968)
• ‘Nude Descending a Staircase’ (1912)
• ‘Fountain’ (1917)
• ‘L.H.O.O.Q.’ (1919)
–Elle a chaud au cul.
And then he shaved her...
Diego Velazquez (1599 – 1660)
• Las Meninas (1656)
Jan Van Eyck (1385 – 1441)
• Arnolfini Portrait (1434)
Pablo Picasso (1881 – 1973)
• 1957 – Picasso paints 58 versions of Las Meninas
Richard Hamilton (b. 1922)
• Picasso’s Meninas (1973)
DADA inspirations
• Surrealism
• Pop-Art
Jasper Johns (b. 1930)
…almost all of Jasper Johns‘
images incorporate art history, artmaking, found images, and
references to his earlier works and
experiences...
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Wide use of ‘found materials’
‘Neo-Dadaist’?
Jasper Johns (b. 1930)
• Flag (1954)
Jasper Johns (b. 1930)
• Flag (1954)
• The Perilous Night (1982)
John Cage (1912 - 1992)
• music: "a purposeless play"
which is "an affirmation of life –
not an attempt to bring order out
of chaos nor to suggest
improvements in creation, but
simply a way of waking up to the
very life we're living".
• Considered using of a
phonograph as a musical
instrument
John Cage - aleatory music
• used I Ching in his music in order to provide a
framework for his uses of chance
• Imaginary Landscape No. 4 (1951) written for twelve
radio receivers
• 4’33 (1952)
4’33
• 4’33 (1952)
• Erwin Schulhoff Fünf
Pittoresken (1919)
Classical Music Rip-Offs
• The concept of ‘originality’ - Romanticism
Notable rip-offs among hundreds of others:
• Igor Stravinsky
• Luciano Berio
• Dmitri Shostakovich
4’33 ripped-off
• 2002 - Mike Batt faces
charges of plagiarism filed
against him by the estate of
John Cage.
–"A Minute's Silence"
credited to ‘Batt / Cage’
• ‘’My piece is much a better
silent piece. I have been able
to say in one minute what
Cage could only say in four
minutes and 33 seconds’’. . .
"My silence is original
silence, not a quotation from
his silence.”
• Settled without a trial
Popular music rip-offs
• The list goes on forever…
• Dazed and Confused (1969)
– Led Zeppelin
• Dazed and Confused (1967)
– Jake Holmes
Musique concrète
• Not to be confused with aleatory music or ‘electronic
music’ (although sometimes a common name for the
two is used: ‘electroacoustic music’)
• Tape manipulations of ‘found sounds’
• Pierre Schaeffer
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Some works by:
Karlheinz Stockhausen
Edgard Varèse
Luciano Berio
Luigi Nono
Pierre Boulez
Iannis Xenakis
etc
Revolution # 9 (1968)
• On The Beatles’
White Album
• contains sound
samples from
recordings of
–Ludvig van
Beethoven’s
–Jean Sibelius
–Numerous
samples from EMI
catalog
–Reversed sounds
(e.g. ‘Turn me on,
dead man’)
Illegal Art – practical approach
The Beatles – White Album
(1968)
TAKE
Jay-Z – The Black Album
(2003)
Danger Mouse Grey Album
• EMI threatens legal action against Danger Mouse
• Virtual sit-ins – Grey Album hosted on hundreds of
websites
• Copyright activism
• Copyright debate
END RESULT: Millions of copies
downloaded
Bittersweet Symphony
The Verve – Bittersweet Symphony (1997)
WHO GETS PAID ?
The Rolling Stones – The Last Time (1965)
Andrew Loog Oldham Orchestra – The Last Time
Bittersweet Symphony:
who gets paid?
• Credited to Jagger / Richards
• Allen Klein (holder of The Rolling Stones
copyrights) – sued and the band settled for 100% of
royalties (though they thought it was 50%...)
• ‘’This is the best song Jagger and Richards have
written in 20 years.” (Richard Ashcroft)
Bittersweet Symphony:
who controls it?
Used in a Nike commercial
Used in a Vauxhall commercial
Used in a movie sountrack
Copyright – a moral right? The band gets the right to
control the publishing of the song back
Illegal Art – ideology / schmuckology
• Plunderphonics
–John Oswald (1985) ‘Plunderphonics, or Audio
Piracy as a Compositional Prerogative’
–Lots of records / tapes
Illegal Art, contd.
You may want to
check the
controversies around
Negativland’s EP U2
(1991)
Illegal Art, contd.
Or, you may want to check the controversies around the
band KLF (aka The Justified Ancients of Mu Mu, aka The
JAMS, aka The Timelords) (while KLF stands for Kopyright
Liberation Front…)
–3.a.m. Eternal (1991) - top five hit, internationally
–Doctorin’ the Tardis (1991) (as The Timelords) –
Britain’s number one hit
–1992 BRIT Awards (machine-gunning the
audience…)
–http://uk.youtube.com/watch?v=7CDButf0go8
Illegal Art, contd.
• Mash – up
–Girl Talk
–Night Ripper
‘Once Again’
(2006)
Copyrights
A Beginner’s Guide
Origins of Copyright
• Charter of incorporation by
Queen Mary in 1556 and the
creation of the Company of
Stationers of London (publishers)
• The original Pirates?
• Licensing Act of 1662
• 1710 - Statute of Anne
1710 - Statute of Anne
–'An Act for the Encouragement of
Learning, by Vesting the Copies of Printed
Books in the Authors or Purchasers of such
Copies, during the Times therein
mentioned,'
–Exclusive rights to authors (not publishers)
–Rights of consumers
–Protection for 28 years – after that work passes
into public domain
Copyright as Preventive Censorhip
• Alexander Pope v. Edmund Currl
–Letters from A. Pope to J. Swift - protected
–Letters from J. Swift to A. Pope – not protected
• Prince Albert v. Strange and Others
links between copyright and "the right to privacy"
Copyright 'crisis' in Colonial America
• Mercantilist market protection – wide system of
patents / charters and licences
• Yet, although Statute of Anne is legally binding – no
real copyright protection
• Hence – flourishing publishing yet no creativity
Logic of the American Copyright System
U.S. Constitution
"The Congress shall have Power ... To promote the
Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries."
Early promoters of new copyright
system
• Samuel Clemens
• Thomas Alva Edison
–New York movie wars
–Creation of Hollywood
• John Philip Sousa
–Creation of ASCAP
International Copyrights Regime
• 1886 - Berne Convention
• 1995 - Trade Related Aspects of Intellectual Property
Rights (TRIPS)
• 2002 - World Intellectual Property Organization
(WIPO) Treaty
American Copyrights Regime
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Mechanical Rights
Publishing Rights
Public Domain
Fair Use
First-Sale Doctrine
(parallel importation)
Fair Use
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Private use (listening, loaning, back-up copies)
How about 'schoolyard piracy'?
How about Peer2Peer?
How about copyprotected CDs?
Copy protected CD's
• Vastly simplifying - most often they contain a 'CDDA
section' (Music sectors) and a 'CD-Rom section' (Data
sectors)
• CD-Rom and DVD-Rom drives try to access Data
sectors first – then the code runs that makes sure no
copy can be made
• All these use some form of cryptography
So…
Am I a CD
or what?
DATA
MUSIC
What makes a CD?
• RED BOOK CD
–Guess what… - a patent
–Philips holds it that everything that does not
comply to RB CD is not a CD
Problems with 'corrupted CDs'
• Will not play on some equipment (all cd-rom / dvdrom based players, car stereo, computers)
• You may listen to WMA or MP3 encoded music
instead of CDDA, not knowing it
• Unsolicited software may be installed on the
computer
• Conflicts with popular wireless devices (ipod)
First – sale doctrine
• Profit is made once – royalties paid once, licences paid
once, etc.
• Yet copyrights are still valid once the medium is resold
• Why not be paid every time?
Anti-Circumvention Regulations – U.S.A.
• Digital Millenium Copyright Act (DMCA)
–criminalizes production and dissemination of
technology, devices, or services intended to
circumvent measures (commonly known as Digital
Rights Management or DRM) that control access to
copyrighted works and it also criminalizes the act of
circumventing an access control, whether or not
there is actual infringement of copyright itself.
US Digital Millenium Copyright Act
• implements WIPO - with additions
• Music and film industry lobbied for laws to make it
illegal to break copy protection schemes.
• Even if you tried to do so for an otherwise legitimate
purpose.
• Can’t even discuss these schemes
Skylarov case
• Russian programmer, Dimitri Skylarov arrested
because his company had put out a program that
decrypted Adobe’s encryption scheme for its e-books.
• Was released – but under condition that he testified
against his firm.
• His company was eventually found not guilty.
Felten case
• RIAA hired Princeton professor Edward Felten to
break a DRM based MP3 alternative called the Secure
Digital Music Initiative.
• As he succeeded – he found himself threatened with
legal action when he tried to present an academic paper
on his findings.
Trusted content
• Protected by DRM and Anti-Circumvention
Protections (hence by cryptography)
Scenarios for the future:
• One could play music/movies – but with restrictions
–e.g.: Movies might “expire” (become unplayable
after 24 hours)
–Music might be unplayable unless you kept up your
subscription payments
• Strong restrictions on copying/sharing with others
This changes the 'first sale doctrine' logic
This changes the 'fair use doctrine'
Trusted Computing
(in case you wondered why MS Vista is so idiot-proof…)
• MS Palladium / NGSCB
- seems that the project was dropped…
• Uses public key cryptography to make large parts of the
operating system off-limits to computer users/owners –
REMEMBER, you do not BUY the operating system, you licence it
• This makes DRM easier
• In extreme cases, might even allow remote deletion of illegal
content on your computer
• Two years ago the German government suggested EXACTLY
THAT…
Scenarios for the future, cntd
• What happens to the market sector unwilling to
implement DRM?
• What is the status of public domain content protected
with DRM?
DRM today
• It seemed that DRM would be key for the future of
the digital music / culture market
• It appeared that online music resalers would force all
content providers to support and implement DRM
(why?) – some did not even ask for permission
• Many content providers opposed this
• Many recording artists opposed this
DRM today
• Sony rootkit scandal
• Sony estimated that yearly implementation of their DRM and
copyprotection technologies will cost . . . 65% of their annual
income
• EMI first to copy protect their whole catalog
• EMI first to drop copy protection (Blue Note, Classical Catalog)
• Apple (iTunes) first to drop DRM
• Seems DRM is dead (as disco)
YET
Anti-Circumvention Regulations – EU
• EU Copyright Directive (InfoSoc Directive)
• Unlike Section 1201 of the Digital Millennium Copyright Act,
which only prohibits circumvention of access control measures,
InfoSoc Directive also prohibits circumvention of copy protection
measures, making it potentially more restrictive. In both DMCA
and InfoSoc Directive, production, distribution etc. of equipment
used to circumvent both access and copy-protection is prohibited.
Under DMCA, a potential user who wants to avail herself of an
alleged fair use privilege to crack copy protection (which is not
prohibited) would have to do it herself since no equipment would
lawfully be marketed for that purpose. Under InfoSoc Directive,
this possibility would not be available since circumvention of copy
protection is illegal.
• SOPA
• PIPA
• ACTA
And I did not even start speaking about
'piracy'…
Fair Use
• Personal use
–Loaning
–Recreating
• Be careful though (girlscouts USA)
• Artistic use
–Parody
–Satire
• Weird Al Yankovic
• 2 Live Crew (Supreme Court Ruling)
Compulsory licensing of publishing rights
• Cover versions
• Radio broadcasts
–Once copyrighted material is published
republishing cannot be banned
–It requires a fee regulated by copyright statutes
Commercial licensing of mechanical rights
• Prices of many samples go into hundreds of thousands
of dollars
• Prince (previously known as the Artist Previously
Known as Prince ;-))
–Charges 100% of copyright royalties
• Cheaper to ‘replay’ and record a sample than to
acquire it
The End