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[microsound] orphan work law.
What do you all think about this?
watch this youtube link first then read the rest below.
http://youtube.com/watch?v=CqBZd0cP5Yc
http://newsgrist.typepad.com/underbelly/2008/05/support-the-orp.html
http://www.publicknowledge.org/node/1478
http://www.asmp.org/news/spec2008/orphan_update.php
Definition of an Orphan Work: http://en.wikipedia.org/wiki/Orphan_works
Here is some counter information on the bill and what it represents:
http://www.publicknowledge.org/node/1553
For Immediate Release: May 7, 2008
Background: The House Intellectual Property Subcommittee today
approved H.R. 5889, the Orphan Works Act of 2008. Orphan works are
works, such as photographs, music or film, or other works for which
the copyright holder can't be found by someone who wants to use the
work in a way that normally would require permission. Works can
become "orphaned" for a number of reasons: the owner did not register
the work, the owner sold rights in the work and did not register the
transfer, the owner died and his heirs cannot be found.
The following statement is attributed to Gigi B. Sohn, president and
co-founder of Public Knowledge:
"We are pleased that the Subcommittee has approved this legislation
with the promise to continue to discuss issues of concern with
stakeholders before a full Judiciary Committee markup. Overall, we
believe the bill would restore much needed balance to copyright law
by freeing up for use by follow on creators so-called orphan works.
"We recognize there are some issues going forward on which we would
like to work with the subcommittee before the bill is considered by
the full Judiciary Committee. The 'notice of use' archive provision,
would impose onerous filing requirements on users without providing
any real benefits to owners by requiring users to submit summaries of
their searches along with a notice of intended use. Rep. Zoe Lofgren
(D-CA) on behalf of herself and Rep. Rick Boucher (D-VA), noted
during the markup that there are already provisions in the bill that
obviate the need for such an archive.
"We thank Subcommittee Chairman Berman, Ranking Member Coble and
their staff for taking the time to work with us. We look forward to
working with them on these issues of concern."
more info here:
http://www.plagiarismtoday.com/2008/05/07/asmp-supports-orphan-works-
bill/
http://www.publicknowledge.org/node/1553
I will continue downloading music because there is an incredible
amount o=f> stuff out there that I need to listen to but can't
afford, and because I> like the idea of art being available to
anyone. That said, I would love =to> see some sort of grassroots
return to physical media. Wouldn't it be fun=to> have to exercise
tantric listening? To have to wait to hear something br=and> new?
Someday, when I have more money, I'll go back to buying physical>
albums. someday...
why anyone would download these releases from the official
radiohead/nin shop over, say, soulseek or torrents is hard for me
to understand. nobody should have a moral obligation to
financially support nine inch nails--take one look at reznor's
studio, then listen to the music he's passing off as such these
days. the entire paradigm has been subverted, and this is just the
inevitable mainstream artists that happen to be somewhat hip/
progressive to current consumption trends acting on it. either
way, it's still commodity, virtual or physical, free or expensive.
in any case, technology (home recording technology, free soft
synths, myspace, the internet in general, filesharing, etc) is
obviously making widespread distribution available to pretty much
anyone, the only thing that matters is whether you can generate a
buzz or not. as consumers, we ask ourselves a few moral questions
about payment, artists' rights, etc, but as music fans, we base our
decisions qualitatively on the products being offered. the wider
availability of sounds in a postmodern world has definitely
degraded the selection process, and consumers have more trash art
to sort through than ever before, and it's disguised in a variety
of new trends. it's a degrading experience both as a consumer and
a producer. nine inch nails makes a great example of this, because
his music was actually pertinent back when he was young, had a few
beat up old drum machines, a lot of angst, fighting a record
company, and no money. now, all those elements are gone, and the
music is a boring laptop and expensive modular processed version of
its former self. an astute artist knows the power of boundaries
and limits being introduced to the creative process, distribution
process, marketing process, etc, whether by chance or not. these
days, the attitute is one of taking all advantages available, but
the result is far too comfortable to have force. in a postmodern
era, the path of least resistance is not going to produce good
art. the current trend is one towards paying for things not with
money, but with your soul and subjecting your art to a base
paradigm--either that, or furthering marketing schemes or
advertising--what's the difference? my point with all this is that
music still needs to be quality and challenge, both in the content
and the distribution, artists' image, lifestyle--everything.
consumer is the one who decides, but bear in mind that the music we
listen to encompasses these things, it's a large and important
value judgment with consequences, ultimately, on the sort of
quality music one can expect to be available. i don't think the
technological distribution revolution over the past decade has
helped the fundamental quality of music much at all, it just makes
more garbage more readily available--not enough individuals are
willing to do anything but subject their art to processing, both in
production and distribution, and nine inch nails are obvious
victims of this phenomenon (among other things). in any case,
it'll always be a challege to keep art relevant. some things
change, other things don't.
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Best regards,
Richard Garet
www.richardgaret.com
Skype User: richard_garet