A Conversation for Ask h2g2

Copyright and Creativity

Post 1

ChynaIZ

'How do copyright laws impact upon artist creativity in the digital age'
I urgently need some answers to my questionnaire (only 7 questions)

1-The problem with copyright law in relation to modern creativity is that it refuses to make any kind of legal distinction between counterfeiting whole works for unauthorised resale and the partial or fragmentary reuse of existing work in creation of a new work.

This statement was made by Don Joyce, a recording artist who was sued by a large music company for copyright infringement. Do you agree with his statement?

2-Do you feel that sampling is an acceptable method of creating music? Briefly explain your answer

There is a body of opinion who believe that the copyright system as it exists restricts access to culture for the average person can't afford to pay for it. What are your thoughts on this view.

Can an artist who uses another artists music in creating their own profess to owning a new piece of music? Please offer a brief explanation for your answer

Some digitised samples can be so far removed from the original that they are basically impossible to identify. Does this create a new piece of music?

Can the existing copyright laws still be applicable in a digital age?

Do you believe that current copyright laws adequately take into account technological developments?


Copyright and Creativity

Post 2

MaW

1 - not really

2 - yes, it is - but if you're going to spread it widely, and especially if you plan to make a profit from it you should definitely be getting permission from the creators of the material sampled. It's only polite after all

3 - that's nothing to do with copyright, that's simply overcharging

4 - yes, their final work is an original piece, but they should also acknowledge the input of the people who made their source material

5 - if you're talking about using an encoding/compression algorithm of some kind, then it *might*, but it probably doesn't. Depends on the algorithm

6 - more or less, the major problem is what people do with the copyright laws rather than the copyright laws themselves. Copyright was never intended to restrict people's use of a medium, but rather to allow the creator to benefit from it for a period of time, rather like a patent (but less restrictive, I believe)

7 - the basic concept does, but the DMCA is laughably (and worryingly) ignorant, kind of like King Canut trying to stop the tide


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Copyright and Creativity

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