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Subject: Re: FLASH: OT : Copyrighted music
From: Matt Wobensmith
Date: Fri, 28 Jan 2000 18:32:45 GMT

Hey Marc,

Disagreement is just fine. Thanks for being respectful.

>I really don't like the idea of
>>this list being used to encourage unethical or illegal practices.

My post was not meant to tell people to do one thing or the other. It's more
of a pragmatic way of saying that you *do* have legal ways of sampling
music, and problematic ways. It's not up to me or anyone to tell people what
they should do.

If it helps, my background (aside from the obvious):

-I own and operate two record labels.
-My father is a copyright attorney.

It's not like I haven't considered all the factors. :>)

My *personal* opinion - go for it. Sample. Reinterpret. Give credit where
credit is due. Every choice has a consequence. Artistic appropriation, if
done well and ethically, fuels creativity and expression.

No harm in that, as far as I can tell.


Matt Wobensmith
Macromedia Tech Support
Flash Team Lead

>From: "Marc Hoffman, Poison Dart Frog Media" <mailatdartfrogmedia [dot] com>
>To: flasheratchinwag [dot] com
>Subject: Re: FLASH: OT : Copyrighted music
>Date: Fri, Jan 28, 2000, 11:01 AM

>Got to disagree emphatically with this, but I really don't like the idea of
>this list being used to encourage unethical or illegal practices. It's like
>saying you can go into any store, shoplift whatever you like, and it's fine
>as long as you don't get caught. And if you do get caught, just be sure
>it's a small enough item that it doesn't constitute a felony crime, and
>you'll probably get off just fine, maybe with no charges being filed at all.
>The moment you create a piece of original work, you have copyright to it.
>That means you alone can use that work (only exception is if you make it
>for your boss under a "work for hire" basis, in which case it belongs to
>your boss). The moment someone else uses that work without license from
>you, they are violating copyright law and you are entitled to have them
>cease using that work plus you will be entitled to monetary damages,
>especially if they in any way profited from using your work.
>At 07:44 AM 1/28/00 , you wrote:
>>RE: copyrighted music.
>>As it goes, simply using copyrighted music in a piece tends not to be the
>>problem. If this is a high-profile site, where money is being made and
>>branding is happening using material that belongs to someone else, this
>>could be a problem.
>>Realistically, anyone can really do whatever they want. If you sample a
>>snippet of a piece of music, there is something called "fair use" and
>>artistic interpretation. If the sample is recognizable, it falls into the
>>category of the first paragraph here - beware. If you take something and
>>manipulate it into something new, there's little to no chance anyone will
>>notice or care.
>>For someone to object, and try to bring suit, they would have to prove
>>either that you stole their idea, diluted their brand (or concept) identity,
>>or tried to mislead the public.
>Marc Hoffman
>Poison Dart Frog Media: Specializing in Flash Animation and Digital Audio
>Our latest Flash job is on display at <http://www.dartfrogmedia.com/rickfrnd>
>See our Flash portfolio at <http://www.dartfrogmedia.com/sampler>
>(featured in Flash 3 Web Animation, by Ken Milburn)


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