Transcript Slajd 1

Advantages of new book formats
•
•
•
•
portability
accessibility (?)
flexibility of use, search capabilities
publication costs
Limitations of new book formats
• they are just not 'books' – flexibiity,
tangibility
• how about fair use issues? ? ?
• how about the price? ? ?
Book – what kind of a deal we get
for the price?
• tangible, physical object in an optimized format
• takes up valuable space
• price established basing on the format, market
position (segment),
• fair use rights
–
–
–
–
private use not limited
lending
borrowing
reselling / second hand market buying options
• copyright limitations
– a form of license
Electronic book – what kind of a
deal we get for the price?
• device required – and with it – a new type
of competence
• electronic book - a 'data object' – a file
• fair use rights – heavily limited
– no lending
– no borrowing
– no communal experience
– no reselling / no second-hand market
• copyright limitations – heavily intensified
Introduction to Illegal Art
Illegal art techniques
Unauthorized
• Sampling
• Remixing
• Collaging
Likely theoretical approaches
•
•
•
•
•
•
•
•
•
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
How to use other artists’ work
on the music market?
• Fair use
• Compulsory licensing of publishing rights
• Commercial licensing of mechanical rights
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)
• Licensing Act of 1662
• 1710 - Statute of Anne
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
•
•
•
•
•
•
Mechanical Rights
Publishing Rights
Public Domain
Fair Use
First-Sale Doctrine
(parallel importation)
Fair Use
• 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 cdrom / dvd-rom 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
• Several months 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 estmimated 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.
And I did not even start speaking
about 'piracy', illegal art, etc…
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
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,
art-making, found
images, and references
to his earlier works and
experiences...
- 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:
• Gustav Mahler
• Igor Stravinsky
• Luciano Berio
• Dmitri Shostakovich
• Plenty of others
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
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
TAKE:
• The Beatles – White Album (1968)
• Jay Z – The Black Album (2003)
Illegal Art – practical approach
• The Beatles – White Album (1968)
Product:
DANGER MOUSE
GREY ALBUM (2004)
• 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)
The End