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- as presented by John Oswald to the Wired Society Electro-Acoustic Conference in Toronto in 1985. Musical instruments produce sounds. Composers produce music. Musical instruments reproduce music. Tape recorders, radios, disc players, etc., reproduce sound. A device such as a wind-up music box produces sound and reproduces music. writing a good article Appleby College. A phonograph in the hands of a hip hop/scratch artist who plays a record like an electronic washboard with a phonographic needle as a plectrum, produces sounds which are unique and not reproduced - the record player becomes a musical instrument. A sampler, in critical thinking guidelines robert gordon university (navitas) essence a recording, transforming instrument, is writing a good article Appleby College simultaneously a documenting device and a creative device, in writing a good article Appleby College effect reducing a distinction manifested by copyright. These new-fangled, much-talked-about digital sound sampling devices, are, we are told, music mimics par excellence, able to writing a good article Appleby College, render the whole orchestral panoply, plus all that grunts, or squeaks. The noun "sample" is, in our comodified culture, often pre-fixed by the adjective free, and article writing jobs from home university of hertfordshire (navitas), if one is to consider predicating this subject, perhaps some thinking aloud on what is writing a good article Appleby College not allowable auditory appropriation is to be heard. Some of you, current and vocabulary for essay writing xi’an jiaotong-liverpool university, potential samplerists, are perhaps curious about the extent to which you can legally borrow from the writing a good article Appleby College, ingredients of other people's sonic manifestations. Is a musical property properly private, and if so, when and how does one trespass upon it? Like myself, you may covet something similar to a particular chord played and recorded singularly well by the strings of the estimable Eastman Rochester Orchestra on a long-deleted Mercury Living Presence LP of Charles Ives' Symphony #3 1 , itself rampant in unauthorized procurements. Or imagine how invigorating a few retrograde Pygmy (no slur on writing a good article Appleby College primitivism intended) chants would sound in the quasi-funk section of your emulator concerto. Or perhaps you would simply like to transfer an octave of hiccups from the stock sound library disk of a Mirage to the bussiness articles istituto marangoni paris, spring-loaded tape catapults of your Melotron 2 . Can the sounding materials that inspire composition be sometimes considered compositions themselves? Is the piano the musical creation of Bartolommeo Cristofori (1655-1731) or merely the vehicle engineered by him for Ludwig Van and others to manoeuver through their musical territory? Some memorable compositions were created specifically for the digital recorder of that era, the music box. Are the preset sounds in today's sequencers and synthesizers free samples, or the musical property of the manufacturer? 3 Is a timbre any less definably possessable than a melody? A composer who claims divine inspiration is how to write a personal essay for college admission lancing college perhaps exempt from responsibility to this inventory of the layers of authorship. But what about the unblessed rest of us? Let's see what the critical thinking guidelines robert gordon university (navitas), powers that be have to say. 'Author' is copyrightspeak for any creative progenitor, no matter if they program software or compose hardcore. To wit: "An author is entitled to claim authorship and to preserve the writing a good article Appleby College, integrity of the work by writing a good article Appleby College restraining any distortion, mutilation or other modification that is prejudicial to the author's honor or reputation." That's called the 'right of writing a good article Appleby College integrity' and it's from the Canada Copyright Act 4 . A recently published report on the proposed revision of the Act uses the metaphor of land owners' rights, where unauthorized use is synonymous with trespassing. The territory is limited. Article writing jobs from home University of Hertfordshire (Navitas). Only recently have sound recordings been considered a part of this real estate. Blank tape is vocabulary for essay writing xi’an jiaotong-liverpool university derivative, nothing of itself. Way back in 1976, ninety nine years after Edison went into the record business, the U.S. Copyright Act was revised to protect sound recordings in that country for the first time. Before this, only written music was considered eligible for protection. Forms of writing a good article Appleby College music that were not intelligible to the human eye were deemed ineligible. writing a good article Appleby College. The traditional attitude was that recordings were not artistic creations, "but mere uses or applications of creative works in writing a good article Appleby College the form of bussiness articles istituto marangoni paris physical objects." 5. Some music oriented organizations still retain this 'view'. The current Canadian Act came into being in 1924, an electric eon later than the writing a good article Appleby College, original U.S. Act of l909, and writing an introduction for an essay rossall school, up here "copyright does subsist in records, perforated rolls and other contrivances by means of which sounds may be mechanically reproduced." Of course the capabilities of mechanical contrivances are now more diverse than anyone back at the writing a good article Appleby College, turn of vocabulary for essay writing xi’an jiaotong-liverpool university the century forecasted, but now the real headache for the writers of copyright is the new electronic contrivances, including digital samplers of sound and their accountant cousins, computers. Among "the intimate cultural secretions of electronic, biological, and written communicative media" 6 the electronic brain business is writing a good article Appleby College cultivating, by grace of its relative youth, pioneering creativity and a corresponding conniving ingenuity. The popular intrigue of computer theft has inspired cinematic and paperback thrillers while the robbery of music is restricted to elementary poaching and blundering innocence. The plots are trivial: Disney accuses Sony of conspiring with consumers to make unauthorized mice 7 . Former Beatle George Harrison is found guilty of an indiscretion in choosing a vaguely familiar sequence of pitches. 8. The dubbing-in-the-privacy-of-your-own-home controversy is actually the tip of a hot iceberg of rudimentary creativity. After decades of writing a good article Appleby College being the passive recipients of music in packages, listeners now have the means to assemble their own choices, to separate pleasures from the filler. They are dubbing a variety of sounds from around the world, or at writing a good article Appleby College least from the breadth of their record collections, making compilations of a diversity unavailable from the music industry, with its circumscribed stables of artists, and an writing a good article Appleby College ever more pervasive policy of only supplying the common denominator. The Chiffons/Harrison case, and the general accountability of melodic originality, indicates a continuing concern for what amounts to the equivalent of a squabble over the patents to the Edison cylinder. The precarious commodity in music today is no longer the tune. Article writing jobs from home University of Hertfordshire (Navitas). A fan can recognize a hit from a ten millisecond burst, 9 faster than a Fairlight can whistle Dixie. Notes with their rhythm and pitch values are trivial components in how to write a personal essay for college admission lancing college the corporate harmonization of cacophony. Few pop musicians can read music with any facility. The Art of bussiness articles istituto marangoni paris Noise, a studio based, mass market targeted recording firm, strings atonal arrays of timbres on the line of an ubiquitous beat. Writing an introduction for an essay Rossall School. The Emulator fills the writing a good article Appleby College, bill. Singers with original material aren't studying Bruce Springsteen's melodic contours, they're trying to sound just like him. Article writing jobs from home University of Hertfordshire (Navitas). And sonic impersonation is quite legal. Ways to write an essay University of Wollongong in Dubai. While performing rights organizations continue to farm for proceeds for tunesters and poetricians, those who are shaping the way the buck says the music should be, rhythmatists, timbralists and mixologists under various monikers, have rarely been given compositional credit. 10. At what some would like to consider the opposite end of the field, among academics and the writing a good article Appleby College, salaried technicians of the orchestral swarms, an orderly display of fermatas and hemidemisemiquavers on a page is still often thought indispensible to a definition of music, even though some earnest composers rarely if ever peck these things out anymore. Of course, if appearances are necessary, a computer program and printer can do it for writing a good article Appleby College them. Musical language has an extensive repertoire of writing a good article Appleby College punctuation devices but nothing equivalent to literature's " " quotation marks. Jazz musicians do not wiggle two fingers of each hand in the air, as lecturers often do, when cross referencing during their extemporizations, because on most instruments this would present some technical difficulties - plummeting trumpets and such. Without a quotation system, well-intended correspondences cannot be distinguished from plagiarism and fraud. Writing an introduction for an essay Rossall School. But anyway, the quoting of notes is but a small and insignificant portion of writing a good article Appleby College common appropriation. Am I underestimating the value of melody writing? Well, I expect that before long we'll have marketable expert tune writing software which will be able to vocabulary for essay writing xi’an jiaotong-liverpool university, generate the banalities of catchy permutations of the diatonic scale in endless arrays of tuneable tunes, from which a not necessarily affluent songwriter can choose; with perhaps a built-in checking lexicon of used-up tunes which would advise Beatle George 11 not to make the same blunder again. Some composers have long considered the critical thinking guidelines robert gordon university (navitas), tape recorder a musical instrument capable of writing a good article Appleby College more than the faithful hi-fi transcriber role to which manufacturers have traditionally limted its function. Now there are hybrids of writing a good article Appleby College the electronic offspring of ways to write an essay university of wollongong in dubai acoustic instruments and audio mimicry by the digital clones of tape recorders. Audio mimicry by digital means is ways to write an essay university of wollongong in dubai nothing new; mechanical manticores from the 19th century with names like the bussiness articles istituto marangoni paris, Violano-virtuoso and the Orchestrion are quaintly similar to the vocabulary for essay writing xi’an jiaotong-liverpool university, Synclavier Digital Music System and the Fairlight CMI (computer music instrument). In the case of the Synclavier, what is touted as a combination multi-track recording studio and simulated symphony orchestra looks like a piano with a built-in accordian chordboard and writing a good article Appleby College, LED clock radio. The composer who plucks a blade of grass and with cupped hands to pursed lips creates a vibrating soniferous membrane and resonator, although susceptible to comments on the order of "it's been done before", is in writing a good article Appleby College the potential position of bypassing previous technological achievement and communing directly with nature. Of music from tools, even the article writing jobs from home university of hertfordshire (navitas), iconoclastic implements of writing a good article Appleby College a Harry Partch or a Hugh LeCaine are susceptible to the convention of distinction between instrument and composition. Sounding utensils, from the how to write a personal essay for college admission lancing college, erh-hu to the Emulator, have traditionally provided such a potential for varied expression that they have not in themselves been considered musical manifestations. Article writing jobs from home University of Hertfordshire (Navitas). This is contrary to the great popularity of generic instrumental music ("The Many Moods of 101 Strings", "Piano for Lovers", "The Truckers DX-7" etc.), not to mention instruments which play themselves, the most pervasive example in recent years being pre-programmed rhythm boxes. Such devices, as are found in lounge acts and organ consoles, are direct kin to the juke box: push a button and out writing a good article Appleby College, comes music. J.S.Bach pointed out that with any instrument "all one has to do is hit the writing an introduction for an essay rossall school, right notes at the right time and the thing plays itself." The distinction between sound producers and sound reproducers is easily blurred, and has been a conceivable area of musical pursuit at least since John Cage's use of radios in the Forties. Just as sound producing and sound reproducing technology becomes more interactive, listeners are once again, if not invited, nonetheless encroaching upon writing a good article Appleby College creative territory. This prerogative has been largely forgotten in recent decades. The now primitive record-playing generation was a passive lot (indigenous active form scratch belongs to the post-disc, blaster/walkman era). Gone were the writing a good article Appleby College, days of lively renditions on the parlor piano. Computers can take the expertise out of writing a good article Appleby College amateur music making. A current music-minus-one program retards tempos and searches for the most ubiquitous chords to support the wanderings of a novice player. Some audio equipment geared for the consumer inadvertently offers interactive possibilities. But manufacturers have discouraged compatability between their amateur and pro equipment. Passivity is still the dominant demographic. writing a good article Appleby College. Thus the atrophied microphone inputs which have now all but disappeared from premium stereo cassette decks. 12. As a listener my own preference is the option to experiment. My listening system has a mixer instead of a receiver, an infinitely variable speed turntable, filters, reverse capability, and a pair of ears. An active listener might speed up a piece of article writing jobs from home university of hertfordshire (navitas) music in order to bussiness articles istituto marangoni paris, perceive more clearly its macrostructure, or slow it down to hear articulation and ways to write an essay university of wollongong in dubai, detail more precisely. Portions of pieces are juxtaposed for writing a good article Appleby College comparison or played simultaneously, tracing "the motifs of the Indian raga Darbar over Senegalese drumming recording in vocabulary for essay writing xi’an jiaotong-liverpool university Paris and writing a good article Appleby College, a background mosaic of frozen moments from an exotic Hollywood orchestration of the 1950's (a sonic texture like a "Mona Lisa" which in close-up, reveals itself to be made up of tiny reproductions of the Taj Mahal." 13. During World War II concurrent with Cage's re-establishing the writing a good article Appleby College, percussive status of the piano, Trinidadians were discovering that discarded oil barrels could be cheap, available alternatives to writing a good article Appleby College, their traditional percussion instruments which were, because of the socially invigorating potential, banned. The steel drum eventually became a national asset. Ways to write an essay University of Wollongong in Dubai. Meanwhile, back in the States, for perhaps similar reasons, scratch and dub have, in the Eighties, percolated through the black American ghettos. Within an environmentally imposed, limited repertoire of possessions a portable disco may have a folk music potential exceeding that of the guitar. Pawned and ripped-off electronics are usually not accompanied by user's guides with consumer warnings such as "this blaster is a passive reproducer". Any performance potential found in writing a good article Appleby College an appliance is often exploited. A record can be played like an electronic washboard. Radio and disco jockeys layer the sounds of several recordings simultaneously. 14 The sound of music conveyed with a new authority over the airwaves is bussiness articles istituto marangoni paris dubbed, embellished and manipulated in kind. Piracy or plagiarism of a work occur, according to Milton, "if it is not bettered by the borrower". Stravinsky added the right of possession to Milton's distinction when he said,. "A good composer does not imitate; he steals." An example of this better borrowing is Jim Tenney's "Collage 1" (l961) in which Elvis Presley's hit record "Blue Suede Shoes" (itself borrowed from Carl Perkins) is transformed by writing a good article Appleby College means of multi-speed tape recorders and razorblade. Article writing jobs from home University of Hertfordshire (Navitas). In the writing a good article Appleby College, same way that Pierre Schaeffer found musical potential in bussiness articles istituto marangoni paris his object sonore, which could be, for writing a good article Appleby College instance, a footstep, heavy with associations, Tenney took an everyday music and allowed us to hear it differently. writing a good article Appleby College. At the same time, all that was inherently Elvis radically influenced our perception of Jim's piece. Fair use and fair dealing are respectively the writing a good article Appleby College, American and the Canadian terms for instances in which appropriation without permission might be considered legal. writing a good article Appleby College. Quoting extracts of music for writing a good article Appleby College pedagogical, illustrative and critical purposes have been upheld as legal fair use. So has borrowing for the purpose of parody. Fair dealing assumes use which does not interfere with the economic viability of the initial work. In addition to economic rights, moral rights exist in copyright, and in writing a good article Appleby College Canada these are receiving a greater emphasis in the current recommendations for revision. An artist can claim certain moral rights to a work. Vocabulary for essay writing Xi’an Jiaotong-Liverpool University. Elvis' estate can claim the same rights, including the ways to write an essay university of wollongong in dubai, right to privacy, and the right to protection of "the special significance of sounds peculiar to a particular artist, the uniqueness of which might be harmed by inferior unauthorized recordings which might tend to critical thinking guidelines robert gordon university (navitas), confuse the public about an artist's abilities. At present, in Canada, a work can serve as a matrix for independent derivations. Section 17(2)(b) of the Copyright Act of writing a good article Appleby College Canada provides "that an artist who does not retain the writing a good article Appleby College, copyright in a work may use certain materials used to writing a good article Appleby College, produce that work to article writing jobs from home university of hertfordshire (navitas), produce a subsequent work, without infringing copyright in the earlier work, if the subsequent work taken as a whole does not repeat the main design of the previous work." My observation is that Tenney's "Blue Suede" fulfills Milton's stipulation; is how to write a personal essay for college admission lancing college supported by Stravinsky's aphorism; and does not contravene Elvis' morality or Section 17(2)(b) of the Copyright Act. The reuse of existing recorded materials is not restricted to the street and the esoteric. The single guitar chord occuring infrequently on H. Hancock's hit arrangement "Rocket" was not struck by an in-studio union guitarist but was sampled directly from an old Led Zepplin record. Similarly, Michael Jackson unwittingly turns up on Hancock's follow-up clone "Hard Rock". Now that keyboardists are getting instruments with the button for this appropriation built in, they're going to push it, easier than reconstructing the ideal sound from oscillation one. These players are used to fingertip replication, as in the case of the organ that had the titles of vocabulary for essay writing xi’an jiaotong-liverpool university the songs from which the timbres were derived printed on the stops. 15. So the equipment is available, and everybody's doing it, blatantly or otherwise. Melodic invention is nothing to critical thinking guidelines robert gordon university (navitas), lose sleep over (look what sleep did for Tartini). There's a certain amount of legal leeway for imitation. Now can we, like Charles Ives, borrow merrily and blatantly from all the music in the air? Ives composed in an era in which much of music existed in a public domain. Public domain is ways to write an essay university of wollongong in dubai now legally defined, although it maintains a distance from the present which varies from country to writing a good article Appleby College, country. In order to follow Ives' model we would be restricted to using the same oldies which in how to write a personal essay for college admission lancing college his time were current. Nonetheless, music in ways to write an essay university of wollongong in dubai the public domain can become very popular, perhaps in part because the composer is no longer entitled to exclusivity, or royalty payments‹ a hit available for a song . Or as This Business of Music puts it, "The public domain is like a vast national park without a guard to writing a good article Appleby College, stop wanton looting, without a guide for the article writing jobs from home university of hertfordshire (navitas), lost traveller, and in fact, without clearly defined roads or even borders to stop the helpless visitor from being sued for trespass by private abutting owners." Professional developers of the musical landscape know and lobby for the writing a good article Appleby College, loopholes in copyright. On the critical thinking guidelines robert gordon university (navitas), other hand, many artistic endeavours would benefit creatively from a state of music without fences, but where, as in scholarship, acknowledgement is insisted upon. The property metaphor used to illustrate an artist's rights is difficult to pursue through publication and mass dissemination. The hit parade promenades the writing a good article Appleby College, aural floats of pop on public display, and as curious tourists should we not be able to take our own snapshots through the crowd ("tiny reproductions of the Taj Mahal") rather than be restricted to the official souvenir postcards and programmes? All popular music (and all folk music, by how to write a personal essay for college admission lancing college definition), essentially, if not legally, exists in writing a good article Appleby College a public domain. Listening to writing a good article Appleby College, pop music isn't a matter of choice. Asked for or not, we're bombarded by it. Article writing jobs from home University of Hertfordshire (Navitas). In its most insidious state, filtered to an incessant bass-line, it seeps through apartment walls and out of the heads of walk people. Although people in general are making more noise than ever before, fewer people are making more of the total noise; specifically, in music, those with megawatt PA's, triple platinum sales, and heavy rotation. Difficult to ignore, pointlessly redundant to writing an introduction for an essay rossall school, imitate, how does one not become a passive recipient? Proposing their game plan to apprehend the Titanic once it had been located at the bottom of the Atlantic, oceanographer Bob Ballard of the Deep Emergence Laboratory suggested "you pound the hell out of it with every imaging system you have." This paper was initially presented by Oswald at the Wired Society Electro-Acoustic Conference in Toronto in 1985. It was published in Musicworks #34, as a booklet by how to write a personal essay for college admission lancing college Recommended Quarterly and subsequently revised for the Whole Earth Review #57 as 'Bettered by the borrower'.