Guitarhacker
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My website & music: www.herbhartley.com MC4/5/6/X1e.c, on a Custom DAW Focusrite Firewire Saffire Interface BMI/NSAI "Just as the blade chooses the warrior, so too, the song chooses the writer "
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SongCraft
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Re: music spys
2015/04/08 16:16:29
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This news is getting old, 'everyone' wants to make a livable income. Times are tough and the big guns are getting nastier.... This is a business model. 'Plagiarism' for even the most faint of unintended use is becoming more commonplace. And taking ideas from other artist right down to sounding like someone else - even to faintly infringe on worldwide established (renown) 'signature sound' i.e. Marvin Gaye's case. Also just recently in Australia, thousands of click-happy downloaders (Aussies) will be getting letters/notices in regards to copyright violations - ISP must forward all details. There is now talk about introducing a '3-Strikes' rule (warning) before prosecution. Data retention for all online activities has been approved (Australia)! PROs are now shaking in their boots due to impending reforms, (1) Publishers threaten to withdraw works from the PROs, and (2) Merger - Form one centralized data base for 'ALL' content creators/performers and for licensing (both a creators and users database), and make all business processes transparent. 'Transparency' is the key word! Nowadays its safer to obtain licenses to do cover songs, rather than release originals that were initially thought to be ones own original works (unintentional use is not an excuse). IMHO I think they need to introduce another tier of copyright (Attributes), bypassing the current expensive and painstaking long process (court) -- Therefore, negotiations are settled out of court based on minimal to maximum percentage of royalties i.e. 25 to 50%, and also amending, introducing new an additional notice for a song i.e. 'Attributes' (Copyrights, to include all contributors and partners)! Anyway, I've always seen how the music business and the Internet is the 'canary', an alert, awakening to how and why the world is totally messed up. --- That line should leave a lot of people jumping to their own conclusions... (Sorry, can't explain any further without digging into politics)!
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bapu
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Re: music spys
2015/04/08 17:05:27
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Can I still record a re-imagined cover tune and post in the Cakewalk Forums with a link to soundclooud?
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drewfx1
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Re: music spys
2015/04/08 17:30:27
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☄ Helpfulby dubdisciple 2015/04/08 23:42:18
bapu Can I still record a re-imagined cover tune and post in the Cakewalk Forums with a link to soundclooud?
When it goes to court, make sure the entire FSF is entered into evidence.
 In order, then, to discover the limit of deepest tones, it is necessary not only to produce very violent agitations in the air but to give these the form of simple pendular vibrations. - Hermann von Helmholtz, predicting the role of the electric bassist in 1877.
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SongCraft
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Re: music spys
2015/04/08 17:45:20
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bapu Can I still record a re-imagined cover tune and post in the Cakewalk Forums with a link to soundclooud?
General public will accept it as 'fun/hobby', 'non-profit' = Cool - But the big guns? {uh oh}! Without obtaining a users/license (permission), especially if the song goes viral would be a concern; for starters, the track will be removed and user account might also be banned (SC), especially if more than one incident occurred.
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Brando
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Re: music spys
2015/04/08 18:24:23
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drewfx1
bapu Can I still record a re-imagined cover tune and post in the Cakewalk Forums with a link to soundclooud?
When it goes to court, make sure the entire FSF is entered into evidence.
Good defense! That'll tie up the courts for years!
Brando Cakewalk, Studio One Pro, Reaper Presonus Audiobox 1818VSL ASUS Prime Z370-A LGA1151, 32GB DDR4, Intel 8700K i7, 500 GB SSD, 3 x 1TB HDD, Windows 10 Pro 64
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dubdisciple
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Re: music spys
2015/04/08 23:38:58
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There is a certain irony in the music industry eating itself. Many of the strongest supporters of very draconian policies regarding copyright and licensing find themselves being the true losers in these situations. It's not enough to simnply play only originals, but to be able to prove beyond even the slightest doubt that not a single phrase is in any way similar to anything someone's sponge of a descendent can make the slightest claim on. The situation is in some ways similar to how NFL veterans lobbied so hard to reduce rookie salaries without realizing the deal they lobbied for actually screws rookies, but screws veterans even more. The big winners were owners and franchise QBs. I know it is not an exact analogy but in the music industry it has truly become the Beyonce's and the have nots, with the B's being the 100 million franchise QB's and everyone else offered contracts that look good until you realize they are not guaranteed and odds point to player being cut before contract is finished. The megastars will make their money but at the expense of the up and coming. What I fear is that the Idol/Voice shows that can afford to protect themselves from endless litigation and the Disney-esque popboy-band factories that gave us the likes of Nsync, Britney Spears, etc will be the primary means of new music. The industry realizes it has mostly lot the distribution wars and it seems like they are trying to control it by clamping down on the one source that has always been far more lucrative to artists than record sells; live music.
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lawajava
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Re: music spys
2015/04/09 00:51:19
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☄ Helpfulby bapu 2015/04/09 02:03:47
It's interesting what you all say.
I've been thinking for years that a lot of pop and other music sounds the same. Even more so now that almost all the major pop hits have a sidechain pulse that makes them sound very similar.
I wonder if the first artist that came up with a sidechain beat could cash in and claim rights from all the derivative hits since then.
Two internal 2TB SSDs laptop stuffed with Larry's deals and awesome tools. Studio One is the cat's meow as a DAW now that I've migrated off of Sonar. Using BandLab Cakewalk just to grab old files when migrating songs.
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SongCraft
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Re: music spys
2015/04/09 02:51:18
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lawajava It's interesting what you all say.
I've been thinking for years that a lot of pop and other music sounds the same. Even more so now that almost all the major pop hits have a sidechain pulse that makes them sound very similar.
I wonder if the first artist that came up with a sidechain beat could cash in and claim rights from all the derivative hits since then.
Unfortunately that trend has been ongoing on for decades, I know first-hand as a professional writer who sat in meetings (early 1990s). The 'hypocrisy' in regards to some of the major players -- Pathetic, now them and their affiliates circle like vultures and their prey are usually independent releases by upcoming writers/performers. The vultures are not only circling the live scene, also online sites ((legitimate music sites)). I mean seriously, a representative from a well known entity (corp/company, or individuals of renown) serving notice is enough to scare anyone --- to remove content. This is why imho there needs to be another tier of copyright, specifically 'Additional Attribution' with a min/max amount settled out of court, a simplified process that is based on various levels of unauthorized use for example, from 4 notes/melody, to a whole chorus or verse. Thereby the amount (royalty 'shares') settled is based on that process and 'additional attribute' mark notice is attached.<< this, rather than 'removal notice' and suing/court process and media circus. Seriously, threats of huge fines and suing fellow writers is getting ridiculous. I'm concerned this is turning into a more profitable, larger business model. The nightmare is, its getting difficult to avoid infringing copyrights, we've long reached the threshold of 'already done' (not nearly or entirely original), most cases are unintentional use but unfortunately that is no excuse. And then there is the licensing issues along with snaky loopholes used by corporations <<< They get the big hefty cuts (huge savings in licensing fees), whilst the small business operators (e.g. small venues, taverns, restaurants, and the kids lemonade stand) are getting hammered --- These unfair practices are killing the live scene, killing that most important foundation; that supports (livable income for bands/entertainers), and to also give upcoming talent (bands/entertainers) essentially the necessary experience to hone their live performance skills. And of course, to build up a following, promote their online sites, promote events on social sites, sell more music and other merchandise. With all above said, what major labels are terrified of.... reforms to favor independent writers, bands and small businesses ... bands would not need a middleman (major label), the band be better off managing their own independent label, though nowadays its critically important for bands to know the business side of the equation including marketing strategies (online and offline) along with really good PR management / liaison.
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Moshkito
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Re: music spys
2015/04/19 12:03:08
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bapu Can I still record a re-imagined cover tune and post in the Cakewalk Forums with a link to soundclooud?
I think you can, when there is no money involved and it is a "hobby". As long as you do not have it on sale, I don't think the law can take it away from you. The ISP information that is turning in those folks, is a valid reason, with one big mistake ... what they are downloading is the stuff that is the most famous and used the most money to get made, and as such, all of those entities are on the lookout for that extra dollar that they are not making. In the end, these "spies" pulling their Marvin Gay, or this or that out of the hat to take somebody off the streets will eventually mean that those services are burning money in the wrong folks, that will eventually also scrooge them just like they scrooged others! IF, a bar, as the lady said, was harassed by BMI, she needs to get a hold of an entertainment lawyer and quickly and badly ... but my guess is that she can barely afford it, in which case, I would put it on paper, get it notarized, and file it with the City Hall, and find a lawyer to also have a copy of it. By the time ten of these "events" happen, the City and a bunch of folks WILL HAVE something to say, not to mention that this "BMI" is trying to hurt their business ... which I guarantee you that no city wants to lose ... it's their livelihood in many neighborhoods! I also think that a lot of "famous" artists are also at fault, because of their contracts and amounts of money, and they are not doing anything to help the locals ... and seeing Tom Petty and before that, the Marvin Gay thing, is pathetically sick. Mannnnn , if Beethoven was alive, or Mozart, they would be the richest fudgers in the world! But that intimidation needs to be put down!
Music is not about notes and chords! My poem is not about the computer or monitor or letters! It's about how I was able to translate it from my insides!
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jbow
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Re: music spys
2015/04/19 12:53:00
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Really? How many different ways can you play Rock n Roll or Blues? I was at the Atlanta Steelplchase yesterday and a few tents down they had a DJ playing Country music. There was some newer song about "Singing sweet hoe Alabama all day long" or something like that. I could not hear the words from where I was but I could hear the beat and chords... I thought it was Werewolves of London, the music was REALLY close. I walked down to hear it and well... I didn't stay long. Whatever else the song is, it is way to "gimmicky". From a distance I could easily add Ahh Oooooh Werewolves of London... Ahh Oooooh. Rock n Roll is pretty simple music and Blues is even more basic, I just don't see how one can copyright any of it very much, I guess a complete copy of words and music but the music is going to be copied, there is just no way around it and just because these earlier artists showed up when they were able to steal their stuff from Black American musicians who couldn't or wouldn't do anything about it, well... everyone should just back off and let people write and play and not worry about it. I like the way Ian Anderson handled The Eagles Hotel California which is a blatant copy of a song Tull was playing when they were touring together a few years earlier. There is enough to go around. spic
Sonar Platinum Studiocat Pro 16G RAM (some bells and whistles) HP Pavilion dm4 1165-dx (i5)-8G RAM Octa-Capture KRK Rokit-8s MIDI keyboards... Control Pad mics. I HATE THIS CMPUTER KEYBARD!
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MandolinPicker
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Re: music spys
2015/04/19 14:13:45
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Had we stayed with the original length of copyright as written in the US Constitution, this would not be a problem: "The original length of copyright in the United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain, so it could be used and built upon by others." ( http://en.wikipedia.org/wiki/Copyright) Think about the recent case involving "Blurred Lines" and "Got to Give it Up". Got to Give It Up was released in 1977. Blurred lines was released in 2014. Time difference = 37 years. Return to original copyright and there is no issue. I'm guessing that if we look deeper at the case that was part of the OP, these guys were playing 'classic' jazz songs, from the 30's and 40's. Time difference from 1945 to 2015 is 70 years. Return to original copyright and there is no issue. Why such a short time for the original copyright in the constitution? Look at what was said at the time: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." As noted in the wikipedia article: "That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole." The article also mentions something new that has been driving the changes in copyright over the years: "A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs." Much of the problems we face today were caused the ongoing desire, especially of controlling corporations, to continue to profit individually, instead of to "promote the Progress of Science and useful Arts." As noted in the Wikipedia article, "...the work entered the public domain, so it could be used and built upon by others." When copyright extends for over a hundred years, much is lost and little can be built upon. Short term greed and long term decline. The music industry is reaping what it has sowed. As the old saying goes, "This is why we can't have nice things."
The Mandolin Picker "Bless your hearts... and all your vital organs" - John Duffy "Got time to breath, got time for music!"- Briscoe Darling, Jr. Windows 8.1, Sonar Platinum (64-bit), AMD FX 6120 Six-Core, 10GB RAM
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jamesg1213
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Re: music spys
2015/04/20 12:25:32
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jbow I like the way Ian Anderson handled The Eagles Hotel California which is a blatant copy of a song Tull was playing when they were touring together a few years earlier.
The chords to 'Hotel California' are very similar to 'We Used To Know' by Tull, but HC was written by Don Felder, who wasn't in The Eagles at the time they toured with Tull.
Jyemz Thrombold's Patented Brisk Weather Pantaloonettes with Inclementometer
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slartabartfast
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Re: music spys
2015/04/20 14:01:09
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Mandolinplayer has it right. The outrageous extension of copyright has much less to do with the public good, and much more to do with the profits of the immortal "persons" discovered by the courts to live among us as imaginary yet corporate entities. And while just limiting copyright duration might have a general salutary result, it might cause some unintended consequences. If the problem to solve is that there is no new music because everything sounds enough like something that is under copyright, then putting all the old music into the public domain would make it impossible to enforce copyright on anything new. That would remove a lot of incentive for the creation and distribution of new music. But the issue in litigation is almost never that a hit song of 2015 infringes copyright of a hit song of 1925. The copyright act of 1790 (14 years and one renewal) would adequately protect the practical market value of the vast majority of popular songs. There are a great many novels still making money for publishers after the copyright has expired, but popular music imposes its own all too transient lifespan on the issue. It is not so much that the songs involved in current litigation are not "new" as that they are not "unique" enough for a jury to distinguish them as separately protected. That is an issue that currently is being determined by jurists or laymen who in general have neither the training nor the technical understanding of what musical invention involves to do a consistent job. These lawsuits are largely a crap shoot for those involved, and because they are so expensive to pursue, are likely to be brought only by the well heeled against each other, or against an artist who they perceive will not have the resources to defend his work. As a practical point, artists have little to fear from infringement lawsuits unless they have produced something of great value, but worries about legal liability can be telling. The chilling effect that the willingness of big music to threaten suit over anything resembling their songs, discourages current artists from creating new songs and defeats the purpose the copyright was designed to serve. The problem is made worse when software robots can be programmed to search the internet of music for phrases that bear a resemblance to something in their catalog and, for very little cost, generate take down notices or demands to monetize the artists creation and pay the copyright holder of the similar work. If the high monetary cost of harassing artists can be reduced sufficiently, then the copyright system will indeed work the reverse of its intention.
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Moshkito
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Re: music spys
2015/04/22 13:25:19
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slartabartfast ... Mandolinplayer has it right. The outrageous extension of copyright has much less to do with the public good, and much more to do with the profits of the immortal "persons" discovered by the courts to live among us as imaginary yet corporate entities... We should not be surprised by this ... in the first page of Sociology 101, it says a couple of things ... like 3% of the population controls 97% of all the money, and then the one I like the most, is that about 90% of all the laws in America are created and passed by less than 10% of the population! We, and I say this with a lot of rubber bands, have nothing to complaint about, because we have allowed Hollywood and many other humungous corporations to control our behaviour and thus ... all the laws are in their favor, not yours! Does anyone here actually think that Frank Zappa was just being a serious psychopath because of the wording and his attacks on our ability to be "free"? We always got stuck on something or other! It is the reason why Reagan, Ford and Bush and then Bush went out of their way to ensure that schools did not teach the arts (any form), to make sure folks did not develop an independent feeling ... that you usually get when you become an artist of any kind! slartabartfast ... And while just limiting copyright duration might have a general salutary result, it might cause some unintended consequences. If the problem to solve is that there is no new music because everything sounds enough like something that is under copyright, then putting all the old music into the public domain would make it impossible to enforce copyright on anything new. That would remove a lot of incentive for the creation and distribution of new music. ... Which I think is the point of the law as it is defined right now ... make sure no one else can do anything to keep the moneys here. And in time, this will hurt serious and innovative artists. Imagine if Bach, Mozart, Beethoven, Tchaikovsky or Stravinsky had done that? Music would likely be dead today! Today, however, there is the media and everyone has the ability to check everything and say something or other about it. It will always sound like this and that and cause issues. And this is where the law has to step in, and change things ... let's say the artist can have it for 20 years and the family/artist can only renew it for one more term. PERIOD. That alone would take the rights away from a lot of Hollywood companies that have stolen material from many folks for 100 years! The much bigger issue on our plate, is that we do not have the motion and the desire and the intent to change things in the courts of the land ... if we did, we would have already created a local issue with all the musicians involved and removing all the Council folks that do not agree, and then proceed to remove the State Representative, and eventually move along to bigger and better fish, and get the issue involved in the awareness side of it. Right now, musicians can not win. The media belongs to the same representatives that owns the studios (more or less) and they talk LOUDLY about how much money this band made and that band made and how many tickets this and that sold ... and all of it is nothing but an "advertising" that the artist is ripping off the record companies, and in the end, a lot of the "big names" and the biggest problems in this whole process and they need to be taken down a peg. Honestly ... to me this is about us ... not them! Even though it is a process that will take 20 years, it will teach you/us all more about things in America, and that you can change them ... but you watch the rich artists get upset at us! The only question left is, where is our will and determination ... since we know that the folks that want the money have already taken their steps 75 years ago, when they KNEW no one else knew anything! Today, with the media out there ... you can do a lot more ... but no one uses it for comprehensive and positive action! I'm too busy writing. You all are too busy playing. But somewhere, in someway, we have to give a little back into it and help it get where it needs to be ... including all of us, not just a handful!
Music is not about notes and chords! My poem is not about the computer or monitor or letters! It's about how I was able to translate it from my insides!
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