copyright in music a lesson in heavy metal
TRANSCRIPT
Don’t beDon’t be♭♭, Stay, Stay ♯ ♯with Copyrightwith Copyright
Stephen Marvin / Guillermo Gomez
West Chester University
Center for Intellectual Property (CIP) 2012 Biennial Symposium
“Adventure in Copyright, Navigating your way through intellectual property."
June 6-8, 2012 Baltimore Convention Center
Baltimore, Maryland
At first I was afraid, nearly petrified, kept thinking how librarians could live without copyright. But then I post to so many blogs, trying to exercise my rights, I grew strong and I learned to apply Fair Use.
And now you’re back, from Georgia State, I just walked in to find you all here with a sad look upon your face. Licensing, digital access, performance fees and the like, if I known for 30 seconds Safe Harbor would be after me!
Oh go on now go, walk out the door. Just turn around now 'cause you're not welcome anymore. Were you the one who tried to break me with goodbyes? you think I'd crumble? you think I'd lay down and die?
Oh no not I. I will survive. As long as I know Fair Use I know I'll stay alive. I got all my life to live and I got all my love to give. and I'll survive. I will survive. hey hey
SOPA, PIPA, DMCA, public domain, and ACTA Research Works, TEACH Act, Golan vs Holden Digital Rights Management, Technology Prevention, Hathi Trust, Trans Pacific Partnership and the Berne Convention
Stop Online Piracy Act (SOPA) Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act
(PIPA) Digital Millennium Copyright Act (DMCA) Anti-Counterfeiting Trade Agreement (ACTA) Technology, Education and Copyright Harmonization Act (TEACH)
In memory of Robert and Richard Sherman for Oscar winning “Mary Poppins”
Fixed Tangible Medium
Capitol vs Naxos protected public domain but.. Foreign copyright applies (Golan vs Holder) on international scale. Berne Convention, U.S. only joined recently, governs international copyright – includes works of orchestra conductors, musicians and publishers. What was public domain, are no longer. Thus, Peter and the Wolf is still protected by copyright. In 2011 extended to 75 years in Europe instead of just 50.
Music = Music = Any organized sound. Any organized sound. Music via performance, radio, computer, mobile device Music via performance, radio, computer, mobile device with an audio via a media player such as with an audio via a media player such as Windows Media PlayerWindows Media Player, a , a MP3MP3, WMV, or other audio , WMV, or other audio file or via a player such as an file or via a player such as an iPodiPod, or listening to , or listening to streaming music over the Internet, Internet radio streaming music over the Internet, Internet radio stations or web pages.stations or web pages. Music has expanded with Music has expanded with technologies to include music videos, mastertones, technologies to include music videos, mastertones, ringback tones and audio tracks on mobile devices. ringback tones and audio tracks on mobile devices.
Heavy Metal Evolved from Rock & RollHeavy Metal Evolved from Rock & Roll
Blend Country Music and Blues Rebellion, Energy, Catchy tunes Changes in styles and variety Anthony Frank "Tony" Iommi - In an
industrial accident at the age of 17 on his last day of work in a sheet metal factory, he lost the tips of the middle and ring finger and used metal extensions creating a unique sound.
Description – Heavy MetalDescription – Heavy Metal
Extreme Volume, Theatrics and MachismoControversial – evil lyricsVery popular – Led Zeppelin first!Black Sabbath – doom fantasyThemes of death, drugs and occult
See http://www.allmusic.com
Heavy Metal VarietiesHeavy Metal Varieties
Power Metal Goth Metal Punk Metal / Grind Core Metal Speed Metal Funk Metal Christian Metal Gospel Industrial Metal Symphonic ( Black, Death, Power) Neo-Classical Progressive Metal Sludge Metal Scandinavian Metal
Stoner Metal Doom Metal (slower than Stoner) Psychedelic Metal Death Metal (extreme Thrash) Black Metal (voice) Thrash Metal Pop Metal Hair Metal Rap Metal Alternative Metal (Nu Metal) Grunge Metal
Heavy Metal FormsHeavy Metal Forms
Pop MetalHair Metal
– Def Leppard, Van Halen, Motley Crew– Typified by Big Hair and rapid scales
– Early version of Alternative Metal– Intent for Commercial exploit, mainstream– Not hard core appreciation of Metal
Heavy Metal FormsHeavy Metal Forms
Stoner Metal (Kyuss)Psychedelic Metal Doom Metal (Candlemass, Black Sabbath
– (slower than Stoner Metal)
– (Electric Wizard – note how loud!– Combines Doom and Psychedelic Metal
http://www.allmusic.com & my daughter Amy Rose Marvin
TechnologyTechnology
Thrash MetalBlack Metal ( with voice) (Emperor)Death Metal (extreme of Thrash Metal)
– DEATH = name of group
– Very Black. Uses voice accompaniment
All Initial Heavy Metal Artists were All Initial Heavy Metal Artists were White Race, British and AmericanWhite Race, British and American
African American Heavy Metal MusicRap Metal (Nu–Metal) (Rage Against the
Machine, Korn, System of a Down)– Aggression and Political Awareness
Alternative Metal (Living Colour, Soundgarden)
Grunge Metal (Nirvana) – with Alternative
Turn Around View of Heavy MetalTurn Around View of Heavy Metal
Commercial Television Advertisements– Use Heavy Metal for Children Products– Want to appeal to 18 – 30 year old groups
Radio Officials– Playlist includes segments on Heavy Metal
Government Officials– Make announcements with Heavy Metal
[1] Rename all tracks with a number and a Ò_Ó between the words to remove the Ò%20Ó (space) indicator from hyperlink. [2] Find correct music files to match description and purchase songs from iTunes not in the original list. [3] Convert iTunes .mp4 format to mp3: [4] Complete hyperlink with correct mp3. [5] Uncompressed .rar files in original hyperlinks and add tracks in numerical order to the Root folder. [6] Assign correct uncompressed .mp3 files to original hyperlinks. [7] Embed audio icons within each slide to trigger the .mp3 files from PowerPoint directly from within the root folder, avoiding the need to rely on iTunes or Windows Media Player.
Prepare Heavy Metal with Music Links
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Digital ChallengesDigital Challenges 3D audio A AAC
AC-1AC-2AC-3AC'97AmbientAnalog signalsATRACAudioAudio output device
Audio softwareAVR
B BandBitrate
C Decibel D DAC
DAEDolby AC-1Dolby AC-2Dolby AC-3
E EQEqualizer
F FLACFrequency
H HeadphonesHeadsetHertz
I InsulatoriPodiTunes
J Jitter buster K Kilohertz L Line in
Line outLive!WareLossless compressionLossy compressionLow frequencyLPLPS
M MicrophoneMIDIMPCMP3MPU-401MusicMusical Instrument Digital Interface
Mute N Neper
NormalizeNotator
P PitchRadio FrequencyRegisterRFRIAAS SoundSound bufferSound cardSound inSound outSoundBlasterSpeakerSpeech synthesisStutterSubwooferSynthesizerT THX VBRVoice-overVoice recognitionVoice coilVolumeW WaveWave audioWaveform editorWavelengthWavetable synthesisWMAZ Zune
Audio file extensions
.aif
.midi
.snd
.wav
.mp3
http://www.computerhope.com/jargon/a/aac.htm
New challenges from Technology New challenges from Technology Protection Measures (TPM)Protection Measures (TPM)
Circumvention of TPMBanning devices or services to bypass rightsCryptographyFair Dealing versus Fair UseTrack Protected Materials and Use
– SecurityTrack User AccessTrack Users
– Consumers should be able to protect privacy
Resource Description FrameworkResource Description Framework Lawrence Lessig, Future of Ideas: the Fate of the
Commons in a Connected World Preserve openness vs Commercial exploitation Common vs. Layers of Rights Creativity in Real Space vs. Dark Ages Growth of digital products (mp3) - pre-1972 sound
recordings are not covered by state, nor federal copyright law
03/18/15 18
03/18/15 19
03/18/15 20
Online Hot Music Sites:
Spotify, iTunes, Pandora, Rhapsody, MOG, Rdio, Slacker, PlayBillRadio, Kazaa, Torrent, bitTorrent, MediaFire, PirateBay, iMesh, LimeWire, Blubster, BearShare Grooveshark, Livewire, And - of course, Napster and relatives – OpenNap, SnoCap, TekNap, imeem
Internet Archive http://www.archive.org
Nearly one million audio files, 100,000 concerts (some downloads), streaming files and some restricted use. Many are live performances captured by a member of the audience. MOST are freely available for use.
IFPI (International Federation IFPI (International Federation of the Phonographic Industry) of the Phonographic Industry)
RIAA (Recording Industry RIAA (Recording Industry Association of America)Association of America)
Stanford (http://itunes.stanford.edu), UC Berkeley (http://itunes.berkeley.edu),
edutechnosharification!
© Statista Inc.
Number of digital music album downloads in the U.S. from 2004 to 2010 (in millions)
Number of album downloads in millions
Downloads of digital music albums in the US since 2004USA
Source: RIAA, 2010 Year-End Shipment Statistics
Note: further information regarding this statistic, such as comments and footnotes, can be found at the end of this Dossier on page 12 ID 186707
© Statista Inc.
CD album shipments in the U.S. from 1999 to 2010 (in millions)
U.S. album sales in millions
Album shipments in the US music industry since 1999USA
Source: RIAA, 2010 Year-End Shipment Statistics
Note: further information regarding this statistic, such as comments and footnotes, can be found at the end of this Dossier on page 12 ID 186772
© Statista Inc.
CD album shipments in the U.S. from 1999 to 2010 (in millions)
U.S. album sales in millions
Album shipments in the US music industry since 1999USA
Source: RIAA, 2010 Year-End Shipment Statistics
Note: further information regarding this statistic, such as comments and footnotes, can be found at the end of this Dossier on page 12 ID 186772
© Statista Inc.
Number of digital music album downloads in the U.S. from 2004 to 2010 (in millions)
Number of album downloads in millions
Downloads of digital music albums in the US since 2004USA
Source: RIAA, 2010 Year-End Shipment Statistics
Note: further information regarding this statistic, such as comments and footnotes, can be found at the end of this Dossier on page 12 ID 186707
27
Capitol v. Thomas (aka Virgin v. Thomas) First file-sharing copyright infringement lawsuit in the United States. Jammie Thomas-Rasset, found liable in 2007 for infringing 24 songs and ordered to pay $222,000 in statutory damages. In a second trial in 2009, jury found against Thomas-Rasset, this time awarding $1,920,000 in statutory damages. July 2011, the court reduced the jury award to $54,000, or $2,250 per song. Still under appeal by RIAA for greater damage amount. Scheduled for June 12, 2012!!
Aerosmith, Cryin'Bryan Adams, SomebodyDef Leppard, Pour Some Sugar on MeDestiny’s Child, Bills, Bills, BillsGloria Estefan, Rhythm Is Gonna Get YouGloria Estefan, Here We AreGloria Estefan, Coming Out of the DarkGoo Goo Dolls, IrisGreen Day, Basket Case"Guns N' Roses, Welcome to the JungleGuns N' Roses, November RainJanet Jackson, Let's Wait Awhile Journey, Don't Stop Believin'Journey, FaithfullyLinkin Park, One Step CloserNo Doubt, Different PeopleNo Doubt, BathwaterNo Doubt, Hella GoodReba McEntire, One Honest HeartRichard Marx, Now and ForeverSarah McLachlan, PossessionSarah McLachlan, Building a MysterySheryl Crow, Run Baby RunVanessa Williams, Save the Best for Last
Capitol vs Naxos protected public domain but.. Foreign copyright applies (Golan vs Holder) on an international scale. Berne Convention, U.S. only joined recently, governs international copyright – includes works of orchestra conductors, musicians and publishers.
What was public domain, is no longer. Thus, Peter and the Wolf is still protected by copyright. In 2011 extended to 75 years in Europe instead of just 50.
Unfortunately, that is not what is happening. The reaction has been overreaching legal crackdowns. IFPI's 2010 report showed that only 5% of music consumed on the Internet is done so legally. P2P file-sharing (illegal) has led to many harsh laws across
the globe that infringe on civil rights. The DMCA in our Copyright Law contains an anti-circumvention provision that infringes on fair use principles (also contained in our Copyright Law), creating
a legal conundrum within one statute. France's "three strikes" law, UK's Digital Economy Act, Canada's proposed "digital locker" system, and our Congress's proposal of the draconian PROTECT IP Act (and the liberal use of Homeland Security to shut down ALLEGEDLY infringing sites with no legal recourse for the site owner) not to mention the recent signing by many countries of the stringent and much-maligned ACTA, put into sharp focus that the entertainment industry is not taking this lying down. For them, there is no moderation. For them, there is no compromise. As Comcast and its ilk subsume content companies (see: NBCU merger) and megaliths like Google and Facebook do as well, the crackdowns, site shutdowns, broadband slowdowns (whether or not guilty) will come faster and more furious. This is precisely why we urgently need copyright law reform with a true limited monopoly and net neutrality regulations that will keep our civil rights intact.
Sample Request to Take Down Content from an Internet Site
-Identification of the infringement to be removed; -Description of location (URL address); -Your address, telephone number, and email address; -Statement of good-faith belief the disputed use is not authorized; -Statement, under penalty of perjury, information in your notice is accurate and you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; -Your electronic or physical signature.
Safe Harbor Provisions- Allows you to counter claim the use does not infringe Copyright
Overview of the Fair Use Guidelines forEducational Multimedia
QuizQuizMaterials in this presentation: A. are included under the fair use exemption
of the U.S. Copyright Law B. are included in accordance with the Fair
Use Guidelines for Educational Multimedia C. are restricted from further use D. all of the above E. none of the above
Why Comply with Copyright?Why Comply with Copyright?It is the Law!
– But the law changes due to challenges!– AND many challenges are purely market driven.– Impact is global
• Europe extended music from 50 – 70 years (8/2011)– Reason ? = Beatles (1962)
• Shotakovich example of music in 1930’s
Impact on future creative developmentPersonal ethicsSocial modeling for students and clientsPotential embarrassment or legal actions
Educational use within copyrightEducational use within copyright
Face-to-face teachingOff-air taping guidelines Other rights specifically accorded to
libraries, i.e., duplicationFair use
Definition of Fair UseDefinition of Fair Use
A legal principle that defines the limitations on exclusive rights of copyright holders.
Determining Fair UseDetermining Fair Use
There is no simple test to determine what is fair use. BUT DON’T BE AFRAID TO ASSERT fair use.
Section 107 of the Copyright Act sets forth four factors to determine whether a use is a "fair use":
Fair Use Factors #1Fair Use Factors #1
The purpose and character of use -
including whether such use is of a commercial nature or is for nonprofit educational purposes.
P
Fair Use Factors #2Fair Use Factors #2
The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
A
Fair Use Factors #3Fair Use Factors #3
The nature of the copyrighted work.
Is music fiction or non-fiction?
N
Fair Use Factors #4Fair Use Factors #4
The effect of the use upon the potential market for or value of the copyrighted work.
E
The The Fair Use Guidelines for Fair Use Guidelines for Educational MultimediaEducational Multimedia::
PANE
a consensus of how to extend the scope of Fair Use to allow the creation of educational multimedia projects.
It is important to understand:It is important to understand:
Guidelines are not law, but represent a consensus of fair use.
Uses exceeding guidelines may or may not be fair use.
Fair Use may actually exceed guidelines. Courts can determine whether any
particular use falls within fair use.
The Guidelines apply to use:The Guidelines apply to use:
...without permission,
...of portions,
...of lawfully acquired copyrighted works,
...in educational multimedia projects,
...created by educators or students,
...as part of a systematic learning activity,
...by nonprofit educational institutions.
StudentsStudents
May incorporate portions of lawfully acquired copyrighted works when producing their own educational multimedia projects.
StudentsStudents
May perform and display their own projects. May retain these projects indefinitely in their own
portfolios as examples of their academic work for later personal uses such as job and school interviews.
With permission, institution can preserve a copy.
Educators - LibrariansEducators - Librarians
May incorporate lawfully acquired copyrighted works when producing educational multimedia projects to support their teaching needs.
Portion Limitations:Portion Limitations:
Fair Use states a reasonable amount of a copyrighted work can be used in a project regardless of the original medium from which the copyrighted works are taken.
Educational Educational GuidelinesGuidelines limit limit Music, Lyrics, and Music VideoMusic, Lyrics, and Music Video
Copying and Distribution LimitationsCopying and Distribution Limitations
Including the original, only a limited number of copies may be made of a project.
� Two use copies, one of which may be placed on reserve.
Copying and Distribution LimitationsCopying and Distribution Limitations
� An additional copy for preservation to be used or copied only to replace a use copy that has been lost, stolen, or damaged.
The Guidelines recommend caution:The Guidelines recommend caution:
Downloading (many use streaming now) Attribution and acknowledgement Notice of use restrictions Future use beyond Fair Use Alterations to copyrighted works
Downloading from the InternetDownloading from the Internet
Caution is advised in using digital material downloaded from the Internet:
� Internet access does not automatically mean works can be reproduced and reused without permission or license.
� Some copyrighted works may have been posted to the Internet without authorization of the copyright holder.
Attribution & AcknowledgementAttribution & Acknowledgement
Attribution and acknowledgement requires:Crediting copyright ownershipIdentifying the sourceSpecial provisions for remote use
Institutional & Individual ProtectionInstitutional & Individual Protection
Create an Institutional Policy– http://www.wcupa.edu/_admin/provost/forms/Copyright_Guidelines.pdf#zoom=100
Have a place where questions are answered– [email protected] Campus Copyright Coordinator
Develop a Local Clearinghouse– http://ramble.wcupa.edu/copyright
Provide for information flow and developmentUse Institutional Legal Counsel and
Information Technologists
Your Best Copyright Safety NetYour Best Copyright Safety Net
Stay informedYou should not be afraid to use material
protected by copyright - – Use all Four Fair Use Factors (PANE)
Trust your knowledge of Fair Use
