a wee bit of background for those who don't know me - I spent 4 years in art school and have been making my living as an artist in some way or another since 1991. that does ~NOT~ make me an expert or a "authority" or any kind of bullshit title.
I am currently known for music and dance. a majority of the music that I play has been around for at least a 100 years. I try to extremely hard to be aware of copyright infringement. I have done some recording and I made sure to look up the copyright on all the modern/contemporary songs I play. there is also the topic of individual interpretations. I'm not gonna play Uskudara (one of the most overplayed turkish songs out there -but a good one ;-) exactly the way Turku arranged it. that would be silly. because when I play it like Turku, the audience wouldn't be hearing my skill/talent/whatever, they would be hearing Turku's.
now that leads to another thought. why am I performing? well, if I was performing so people would look at me and tell me how wonderful I am, then I suppose ripping off other people's stuff wouldn't be a problem. but that's not why I do what I do. sure, It's nice to get feedback on my ideas. but I perform so I can share my thoughts, to give people something to think about, touch them in some way.
really what I want to know is...where does one person's intellectual property end and another's begins? at what point am I ripping of another persons ideas? how much is too much. in copyright law, it is X number of seconds (I can't remember the specific number offhand) or x% of the total song.
here is more info on copyright from the governments mouth. www.copyright.gov/
the other part of this question is: what do you do when you feel someone ~has~ taken one of your ideas? to me, copying ideas means one of two things, someone paying a compliment to me, and/or someone lacking ideas of their own. after the motivation is determined, then a course of action can be better planned.
share your thoughts on this - and I promise, I will publish them all in a book titled "I thought of all this by myself with no help from anyone"
I really appreciate you reading to the end of this post and I apologize for the length ;-)
mab
I am currently known for music and dance. a majority of the music that I play has been around for at least a 100 years. I try to extremely hard to be aware of copyright infringement. I have done some recording and I made sure to look up the copyright on all the modern/contemporary songs I play. there is also the topic of individual interpretations. I'm not gonna play Uskudara (one of the most overplayed turkish songs out there -but a good one ;-) exactly the way Turku arranged it. that would be silly. because when I play it like Turku, the audience wouldn't be hearing my skill/talent/whatever, they would be hearing Turku's.
now that leads to another thought. why am I performing? well, if I was performing so people would look at me and tell me how wonderful I am, then I suppose ripping off other people's stuff wouldn't be a problem. but that's not why I do what I do. sure, It's nice to get feedback on my ideas. but I perform so I can share my thoughts, to give people something to think about, touch them in some way.
really what I want to know is...where does one person's intellectual property end and another's begins? at what point am I ripping of another persons ideas? how much is too much. in copyright law, it is X number of seconds (I can't remember the specific number offhand) or x% of the total song.
here is more info on copyright from the governments mouth. www.copyright.gov/
the other part of this question is: what do you do when you feel someone ~has~ taken one of your ideas? to me, copying ideas means one of two things, someone paying a compliment to me, and/or someone lacking ideas of their own. after the motivation is determined, then a course of action can be better planned.
share your thoughts on this - and I promise, I will publish them all in a book titled "I thought of all this by myself with no help from anyone"
I really appreciate you reading to the end of this post and I apologize for the length ;-)
mab
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Re: a question on intellectual property? (long post, but I really need feedback)
Fri, April 15, 2005 - 10:26 AMHeya 'gal - brief answer:
Your *ideas* aren't protectible under copyright - recorded, printed, tangible stuff is.
And, more bad news - even if somebody did steal your intellectual property, it's hard to get that taken care of. It's hard to prove infringement in court, and even harder to get a lot of money for it. Your legal fees will exceed what you get - unless you're in the same league as The Beatles. (Not saying that you have less talent than they have - but as far as I know, you're not quite as famous yet ;-)))
To make matters worse - if e.g. somebody copies your CD and sells it on Ebay from out of China, where copyright is handles differently, you're out of luck as well.
Sorry for the downer on enforcement.
Don't know much about what and how exactly copyright w/ music works. I know that choreographies have to be written down (in a way that others have a chance to understand), I think one can also videotape, and then one can claim copyright for choreography, because it is "made tangible".
Does that help any?
Cheers -- S. -
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Re: a question on intellectual property? (long post, but I really need feedback)
Fri, April 15, 2005 - 11:09 AMI should mention that I am not interested in any kind of court thing. I was just currious.
so if I understand correctly your response -
if I came up w/ a really cool dance concept, and didn't write down the choreography (becuase there was none - it was primarily improv) and someone/another dancer sees the idea and does a knock off with the same key features and costume I did, it's ok?
inversely - If I see a band/group do something really cool and innovative, I can copy their concept? hypothetical example - ever see "This Is Spinal Tap"? spinaltapfan.com/atozed/TAP00399.HTM
I could do a concert w/ giant alien pods that open and the band emerges? and it's ok?
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Re: a question on intellectual property? (long post, but I really need feedback)
Fri, April 15, 2005 - 2:21 PMNot sure about all of them - my experience is more in Trade Secrets, but here's what I know:
You can not copyright moves or styles. So, once you perform your cool new style, it's out. Others can copy you as they like. For instance, if you were (hypothetically speaking) the first dancer to dance with a sword - once you do it on stage, everybody can do the same thing.
As far as I recall, costume designs per se aren't protectible - again, once you're performing or selling, it's out. There's for instance a lady who makes beautiful veils - she can't keep others from making the same kind of designs, should people ever figure out how to do them so beautifully. (www.akaisilks.com)
You can protect a name - Mab's Monkey Dance, for instance, as a trademark/tradedress. So, nobody can use that name, but they can still copy your style.
No idea about popping out of an alien pod, and what may be legal implications if that were to follow a strict written script etc. - my guess is that the specific design of the pod can be protected, and that there may be some restrictions on the identical dramaturgy (comparable to a choreography), but if I were to pop out of an egg in my performance, doing similar dramturgy, but not the same, I'd be in the clear.
For instance, I could show up at Pennsic with a virtual carbon copy of Wolgemut, calling it Freudenvoll, and playing the same songs, I'd be cool.
Now, that all applies once you perform/display in public - if you were to secretly develop a super-cool show with big $$$ in it, and tell me in confidence about your plans, trying to convince me to become your star dancer ;-), I would be obliged to keep the information secret. But after the premiere - I am free to disclose or use everyhing that can be gathered from watching.
So, I guess bottom line - as a performing artist, your best protection is being unique and good :-/
I just mentioned the court thing, btw, to illustrate how limited even existing methods are.
-- S. -
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Re: a question on intellectual property? (long post, but I really need feedback)
Sun, April 17, 2005 - 6:15 PMthank you so very much for your repsonse. it has surely give me things to think about. there are several projects I am working on and it's good to know what's fair game.
another example of costume items/copying ideas would be the Melodia Pants (melodiapants.tribe.net/). the only think keeping me from getting my super talented tailor boyfriend from making me an exact copy is that fact that I want to support Melodia and her innovated designs. same thing w/ the Skorcet - www.meddevi.com/dance/bout...orsets.html
I was talking to a fairly well known dancer about them and I mentioned that I had a similer idea to make the laced together belt. She agreed and but said that she wanted to give her money to Meddevi though as a way of supporting the community. that's awesome! horray supporting the community! -
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Re: a question on intellectual property? (long post, but I really need feedback)
Mon, April 18, 2005 - 3:35 PMGlad that my experience is helpful! (At least one real-world application of this pesky research on legal argumentation ...)
As for Melodia pants - if you're not doing it for profit, and your dearheart does it as a labor of love ;-), there's nothing wrong with copying (and maybe even improving?) her idea, others make similar pants (Nourhan Sharif - sharifwear.com or so, and www.lrosedesigns.com). Corset belts - she sells patterns, which could be an ethical solution that leaves space for your own creativity. Heck, it's so much more fun to make one's own stuff! I think consensus is that if you copy for private use, that's OK.
Copying vs. supporting artists is a hard problem. I ain't rich, and believe in buying from the artists - after all, the only way to get the music/instruction we want is to help them to at least break even, and maybe even make a small profit. I don't care much whether the Michael Jacksons of this world make money, but I'm happy to buy CD by Turku or Wolgemut or the Accidental Circus. -
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Re: a question on intellectual property? (long post, but I really need feedback)
Mon, April 18, 2005 - 4:22 PMAhhh, this long and never_to_be_resolved issue...
I have several thoughts about it myself:
What's "OK" and what's "Legal" and what "The Courts Will Find" are three different topics. The answers for each will vary and sway with time, and with the peope you ask. I have things to say about each one.
1. What's OK? I think it's okay to copy certain elements of a performance, if they are incorporated into something else that is significantly different or new. When people ask you about these elements, own up to whom you got them from. I realize that I am much more conservative in this aspect than many people.
What's Legal? Statutes and enforcement vary tremendously, and are preferrential to large organizations that handle copywrites for hundreds of performers/recording artists/film makers at a time. They especially are preferential for art that is easily electronically duplicated, as in making thousands of exact DVD copies of the movie Star Wars. For performances with no written text, score, or choreography, I've never heard of any kind of legal protection. For example, magicians' acts aren't legally protected because they won't reveal how to do their "tricks" in any documents. Once other magicians figure out how to do those same tricks, the honorable ones remain silent, some others start to perform them, and some other idiots make TV shows showing how to do them.
What do the courts rule? At first there were a couple cases in which some courts made decisions that were rediculously liberal, and decided that you could use certain amounts of measures or seconds of sampled music that had previously been produced and released by other artists. Well, with only four measures of certain distinctive songs, a new artist could reap the recognition and "funk" value of an entire song that had been created by previous artists. Now, most music produced by major music production houses is strictly guarded, and the courts have been swayed so that usually their decisions are something like this: "I can easily recognize this part of your song as the actual recording done by so-and-so. You've infringed on their intellectual property. Pay them." -
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Re: a question on intellectual property? (long post, but I really need feedback)
Mon, April 25, 2005 - 4:28 PMHere's a pretty cool talk on IP, and the development of the laws - it's a HUGE file, but it's interesting and quite easy to follow. Maybe interesting.
legacy.randomfoo.net/oscon/2...ree.html
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Re: a question on intellectual property? (long post, but I really need feedback)
Mon, April 25, 2005 - 8:14 PMYou go girl...
Copyright is a legal distinction. Whereas, taking someone's idea, claiming that which was the fruit of someone else's creative invention, is evil, wrong, rude, unacceptable, cannot be tolerated, must be stamped out, ripped out by it's very roots and flung to the deepest crack in the darkest dung heap, scourged from the bowels of existance, etc, etc, etc.
So you might think that I have an opinion of this subject. You'd be right. Not necessarily because it has happened to me, but I have known people that it has happened to and.........it has happened to me.
"Die you gravy-sucking pig." Oh, did I say that? Well, I thought I got over that one. I guess that I didn't. Macht nicht!
Oh, hi Mab...good topic. Important for all of us to pay close attention to. We are part of a community. Besides the legal crap that we have to go through to protect ourselves so that we can continue to work in a profession that we so dearly love, there is a ethical or moral issue here, as well.
Ethically, it just not right to take someone's idea and commit fraud. Not only in the legal sense, but in the sense that it is an act against the community, as a whole. It shows total disrespect for us as artists. If someone can steal our ideas, what will they try to take from us next?
Morally, not because God will Smite us down, but because it shows contempt for the arts community and the creative process. It also shows to all of us that whoever would do such a thing can not be trusted and will no longer be welcome. One the surface it may not seem like much, but in the greater scheme of things, karma has a wonderful way of biting those worthy souls right where it counts.
Please don't misunderstand me, I do not wish anyone harm, but I do wish them to leave, disappear, cease to exist, be as if they have never been born, etc, etc, etc.
Have a nice day.
Sorry so long winded, as well. See Mab, you got me all talkative. Your fault, your fault..."Danger will Robinson, danger!!!!"
Daveed
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Re: a question on intellectual property? (long post, but I really need feedback)
Tue, April 26, 2005 - 8:17 AMHi everyone!
Mab this is an awesome thought provoking issue. This one has lots of cortex to chew on.
Daveed makes some really good points, alot I'd agree upon...but let me play devil's advocate for just a moment.
What happens when the "idea" is maybe a dance movement. Let's use something really new and inovative. I'm going to use the example of Rachel Brice's well known backbend (standing deep backbend with the twist to the side) She's the creator of it and it's her intellectual propertity, I'd argue. She teaches folks how to do it in workshops. So if you've been taught to do it by her, I'd think that all would agree that you can do it.
Now we start to get into what I'd call all the shades of gray. What about the dancers who do the backbend, but figured it out on their own from seeing it? What about the dancers who figured it out and teaches another to do it. Now what if they charge $ for others to learn it?
Now what about the dancers who dress stylistically like Rachel and then do all her moves? What if they do this and then make a video and sell it?
I'd argue that some of these are "ugger" than others. At least some seem worse to me than others. Shades of gray until it becomes truely black, I'd say. It's surprising though, that when you talk to the people that are doing the really uggee things, they really feel that they are honoring the orginators.
We(khafif) once had another troupe perform our chorgraphy to a recording of one of our songs. It would have been cool, if we had autually taught the dance to them. They told us that they learned it off of a video tape of us. They were so excited and happy when they came off stage, and couldn't wait to hear what the members of Khafif who were at the event thought. They truely weren't evil people and had good intentions, but they just didn't think about the ramifications of their actions. I wonder to this day if there aren't people out there who think that khafif has copied their troupe.
All of this, I know isn't much help, but I don't think that there are any hard and fast ansewers. It's always going to be a judgement call, and one of the hardest things to get people to learn is good judgement. The people who really need to question themselves are the least likely to read this post. I'm preaching to the choir of considerate and ethical folks. For me I would say that if it feels "uggee" then your doing something wrong. But the problem is that some people's "uggee" buttons are broken.
Neefa -
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Re: a question on intellectual property? (long post, but I really need feedback)
Tue, April 26, 2005 - 8:30 AMGreat point Neefa makes about ideas that are being taught by the originator. The student adapts it and makes it their own. That is a different matter than if I write a piece of music and someone else takes it and claims it as their work. It is a sticky, gray area.
Remember when George harrison was taken to court and sued for "My Sweet Lord". He lost the case, even though I still can listen to both songs, the alleged original and his song, and not see the similarities at all. At times the line is very clear and at others it is as vague as the dance moves you were describing.
When I teach and pass out a workshop workbook, I usually tell my students to take this material and make it their own. I copyright everything I write, but i still give permission to my students to adapt the material to themselves. the difference comes in when they attempt to publish for $$$ my ideas and claim that it is their's. They make money off of my labors and I don't even get a thank you.
Great topic.
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Re: a question on intellectual property? (long post, but I really need feedback)
Tue, April 26, 2005 - 7:34 PM"Mab this is an awesome thought provoking issue. This one has lots of cortex to chew on. "
Ye gods, Neefa, you eat brains? That's got to be one of the most extreme forms of intellectual property theft I've ever heard of... does it work???
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Re: a question on intellectual property? (long post, but I really need feedback)
Wed, April 27, 2005 - 7:51 AMI'm afraid if I said "yes" we'd have to supress the hoards of brain eating Zombie dancers and musicians out there ;).
Neefa -
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Re: a question on intellectual property? (long post, but I really need feedback)
Sun, May 1, 2005 - 12:34 PMAnother 2 cents -
certain entertainment styles are nearly founded in the phenomenon of learning "whatever works for the other guy" and doing nearly or exactly the samething. Once a lot of entertainers copy the same things, you get new trends or standards within that entertainment form. That is what I was hinting at about when I mentioned magical acts. Other types of entertainment like this, in my opinion, are old style vaudeville acts, juggling acts, fire acts, and minstrel shows.
One last comment: One of the ways that certain songs used to become popular before the 20th century, and in the early 20th century, was through the purchase of sheet music and then the public performance of that music. Before the existence of sound recordings, music composers _wanted_ other people to perform their compositions at public shows so that the tunes would become popular enough for other musicians to go out a buy the scores. Technology changes things so much...
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Re: Culinary Cortex Cannibals
Fri, May 20, 2005 - 4:56 PMPass me by. You would only go hungry!
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