Originality in Digital Music

This post is longer and more formal than usual because it was my term paper for a class in the NYU Music Technology Program.

Questions of authorship, ownership and originality surround all forms of music (and, indeed, all creative undertakings.) Nowhere are these questions more acute or more challenging than in digital music, where it is effortless and commonplace to exactly reproduce sonic elements generated by others. Sometimes this copying is relatively uncontroversial, as when a producer uses royalty-free factory sounds from Reason or Ableton Live. Sometimes the copying is legally permissible but artistically dubious, as when one downloads a public-domain Bach or Scott Joplin MIDI file and copies and pastes sections from them into a new composition. Sometimes one may have creative approval but no legal sanction; within the hip-hop community, creative repurposing of copyrighted commercial recordings is a cornerstone of the art form, and the best crate-diggers are revered figures.

Even in purely noncommercial settings untouched by copyright law, issues of authorship and originality continue to vex us. Some electronic musicians feel the need to generate all of their sounds from scratch, out of a sense that using samples is cheating or lazy. Others freely use samples, presets and factory sounds for reasons of expediency, but feel guilt and a weakened sense of authorship. Some electronic musicians view it as a necessity to create their tools from scratch, be they hardware or software. Others feel comfortable using off-the-shelf products but try to avoid common riffs, rhythmic patterns, chord progressions and timbres. Still others gleefully and willfully appropriate and put their “theft” of familiar recordings front and center.

Is a mashup of two pre-existing recordings original? Is a new song based on a sample of an old one original? What about a new song using factory sounds from Reason or Ableton Live? Is a DJ set consisting entirely of other people’s recordings original? Can a bright-line standard for originality or authenticity even exist in the digital realm?

I intend to parse out our varied and conflicting notions of originality, ownership and authorship as they pertain to electronic music. I will examine perspectives from musicians and fans, jurists and journalists, copyright holders and copyright violators. In so doing, I will advance the thesis that complete originality is neither possible nor desirable, in digital music or elsewhere, and that the spread of digital copying and manipulation has done us a service by bringing the issue into stark relief.

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Capturing sound

I was doing a frivolous Google search for the Simpsons episode where Bart, Nelson, Milhouse and Ralph form a boy band. They’re in the studio singing, and they sound terrible, until the producer pushes a huge button labeled “studio magic.” Then suddenly they sound like the Backstreet Boys. While I was digging through the Google results, I came across a book called Capturing Sound: How Technology Has Changed Music by Mark Katz. He references the Simpsons gag as an example of how recording technology has undermined our notions of authenticity in music. There are a couple of chapters of the book online, and it’s great stuff.

It’s hard for us now to imagine a time when recorded sound was a wondrous technological novelty.

Those gathered around the phonograph were experiencing music in ways unimaginable not so many years before. They were hearing performers they could not see and music they could not normally bring into their homes. They could listen to the same pieces over and again without change. And they ultimately decided what they were to hear, and when, where, and with whom.

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