[free-sklyarov] AAP Position Paper on Scanning

[Edmund A. Hintz]

On 9/27/01 1:05 PM, kmself at ix.netcom.com thus spake:

>Citation need not occur so long as it's clear that the work is not
>claimed as original.
>
>I remember a BBC radio piece some years back (1998 or so) in which
>musical quotations in popular music were traced.  This would be another
>interesting study for use and value of the public domain.

Indeed. The Jones quote "originality is the art of concealing ones 
source" applies here. In fact, I've enjoyed tracing obscure references 
through musical history many a time, often these concealed references are 
fascinating to unearth. I must admit this art seems to be suffering a bit 
of late. One of the most striking examples of this downturn is "Music of 
the Night" from Lloyd Webber's Phantom, where the dramatic climax of the 
music is taken virtually note for note from Puccini's "La Fanciulla del 
West" (the last note of the MOTN version goes down, rather than up to a C 
IIRC, but it's otherwise identical. Phantom fans think MOTN sounds odd in 
Italian when I play the passage for them). Perhaps this is due to the 
relative obscurity of Fanciulla, but more obfuscation would be nice...

Nonetheless, the recording industry has delt with sampling non-public 
domain within the rap/hip hop genre, so there is even a precedent for 
using copyright protected snippets in "original" works. And another 
example of how a somewhat more open policy results in profits for both 
the original artist and the sampler.


Peace,

Edmund A. Hintz              **|**     "You may say I'm a dreamer,
Mac Techie, Unix Geek,      *  |  *      But I'm not the only one...
Mac/Unix Consultant        *  /|\  *     I hope someday you'll join us,
<ed at hintz.org>              */ | \*      And the world will live as one.
'78 Westy                    *****      Imagine."
                     http://www.hintz.org