Many mash-up artists seem unaware that their work implicates any rights at all, and copyright owners may be reluctant to alienate fans with copyright restrictions. Artists such as Girl Talk remain outspoken against copyright restrictions on mash-up culture. Individual copyright owners, such as the owners of Star Wars, have adopted terms of use for mash-ups.
Is fan and other mash-up activity important to enrich our culture? Are existing allowances for fair use adequate? Should mash-up artists and fan fiction publishers have any right (legal or moral) to complain when others copy and redistribute their work? What is a copyright owner or licensee to do when it has contractual obligations to third parties in connection with their contributions? How should these issues be resolved?
My friend Adam, a non-musician but devoted music fan, asked me why sampling is good. He’s used to hearing me defend it from the idea that it’s bad, but he’d never heard a positive argument for it. In case you’ve ever asked the same question, here’s my answer.
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On the left is the record where the break first appeared, and on the right is DJ Kool Herc.
You could also call the Apache break the national anthem of drum n bass and all the other electronic microgenres based on sped up and scrambled hip-hop beats.
Sample-based music isn’t stealing. It’s valuable and important. It shows the way toward a future for recorded music that’s more in continuity with music’s past. Recordings are cool and everything, but they encourage passivity. If I buy a recording, I can listen to it or dance to it, both fine activities, but what if I want to go further? What if I want to engage with it, converse with it, customize it or adapt it to my own needs? According to the law, I can’t. This flies in the face of the uncountable centuries of music practice that predate the invention of recordings. Before recordings, if you wanted to hear music, someone needed to play or sing it. To learn how to play or sing, you have to learn and interpret a ton of music by other people. The normal method for passing music along for nearly all of human history was by oral tradition, and a lot of adaptation and reinterpretation was an inevitable part of this transmission process.
In the modern world, most of the music you encounter is in recorded form. Adapting or customizing music is going to continue as it has for uncountable centuries. To adapt or customize a recording usually requires sampling. As it stands, the law is in the way. We need open-source music like we need open-source software.
The current fetish for originality in music is partially an outgrowth of copyright law. If you write your own songs, you can make more money from the publishing rights in addition to your album sales. The influence of Bob Dylan and the Beatles further created the expectation that popular musicians would mostly be writing their own material. Before the mid-sixties, it was a different story. Pop and jazz artists were mostly interpreting existing, familiar material, and only rarely writing new stuff. Even the most prolific and brilliant jazz composers like Miles Davis and Thelonious Monk devoted album after album to arrangements of standards. Nobody arranged standards more radically and personally than John Coltrane.
Coltrane’s arrangement of this tune bears the same relationship to the one in The Sound Of Music as “Hard Knock Life” by Jay-Z bears to Annie. Jazz arranging uses different technology than sampling and remixing, but it makes the same musical statement. It’s a stamp of personal ownership on a familiar piece of public musical property.
One of the biggest copyright failures of copyright law ever is the The Verve song “Bitter Sweet Symphony.”
The distinctive string sample comes from an orchestral arrangement of “The Last Time” by The Rolling Stones.
Doesn’t sound much like the Verve, does it? The two bands do share a taste in the I – flat VII – IV chord progression. But here’s the Andrew Oldham Orchestra’s version, the sample will jump right out at you twenty-five seconds in.
My favorite Michael Jackson song is “Wanna Be Startin’ Something.” This post is part of what’s turning into a series on it. The previous post is about the song as fan art, and some of the fan art that it’s inspired, from bootleg Youtube videos to licensed remixes. This one is about who owns the song, specifically the famous chant at the end. Here’s a list of everybody who I think could reasonably make a claim.
“Peter Piper” is the leadoff track on Raising Hell, the third album by Run-DMC. It was their big commercial and critical breakthrough. My stepbrother Dan had it on cassette and it pretty much defined the sound of my sixth and seventh grade experience.
