Re: [dvd-discuss] Rhapsody in Blue and the death of Jazz

[microlenz(at)earthlink.net]

It's not the accountancy...it's the chilling effect that is the problem.

On 1 Jun 2002 at 22:07, Ernest Miller wrote:

Date sent:      	Sat, 01 Jun 2002 22:07:43 -0400
From:           	Ernest Miller <ernest.miller@aya.yale.edu>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] Rhapsody in Blue and the death of Jazz
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> The cost of a mechanical reproduction license, so that I can sell my 
> cover of Britney Spears' latest is $0.08.  Not too bad.
> 
> microlenz@earthlink.net wrote:
> > D.C. has a valid point. Creativity is not something one turns on and off like
> > a lightswitch or a candle that one snuffs out at will. And it is not beholden
> > to a fee extraction machine based upon planning and prepared thought. Do we
> > really want to tell a Jazz musician at the end of his set "oh you had two bars
> > of britney that's $100,000, three stanzas of Steppenwolf...depreciated lately
> > that's $1000 fork over the check.." ,"but I didn't realize I did that", "too
> > bad the sanctity of intellectual property must be preserved and you have
> > transgressed...can't pay...well don't play"...what ASSCAP has created is
> > nothing more than a accountancy system that attempts to enslave creativity. At
> > the risk of offending any accountant reading this but CREATIVITY AND
> > ACCOUNTANY ARE ANTIPODAL. THe only time creative accountancy takes place fraud
> > is involved - witness Enron.
> > 
> > On 1 Jun 2002 at 21:06, Ernest Miller wrote:
> > 
> > Date sent:      	Sat, 01 Jun 2002 21:06:00 -0400
> > From:           	Ernest Miller <ernest.miller@aya.yale.edu>
> > To:             	dvd-discuss@eon.law.harvard.edu
> > Subject:        	Re: [dvd-discuss] Rhapsody in Blue and the death of Jazz Send
> > reply to:  	dvd-discuss@eon.law.harvard.edu
> > 
> > 
> >>Not true.  There are plenty of versions.  There is a mechanical license 
> >>for songs.  Anyone can record one ... you just have to pay the heirs a 
> >>legally set fee.  If I want to do a cover of the latest from Britney 
> >>Spears, I could ... so long as I paid the fee.  Britney couldn't stop me.
> >>
> >>D. C. Sessions wrote:
> >>
> >>>It's been observed that (at least according to the traditional
> >>>forms) Jazz -- _the_ American musical form -- is dead.  It died,
> >>>they tell us, of starvation. Jazz is at heart an improvisational
> >>>derivative of popular music and for the last few generations
> >>>there hasn't been any popular music available for improvisation.
> >>>
> >>>What killed Jazz?  Why, for instance, aren't there any variations
> >>>on the theme of /Rhapsody/ /in/ /Blue/, the great Gershwin tune?
> >>>Why hasn't someone worked variations on /Appalacian/ /Spring/?
> >>>
> >>>Well, in short because the heirs and assigns of Gershwin and
> >>>Copland won't allow it.
> >>>
> >>>Amazing, isn't it, that composers today still can't build on
> >>>classic works composed before their grandparents were born?
> >>>
> >>>Would someone *please* explain how this promotes science and
> >>>the useful arts?
> >>>
> >>
> >>
> >>
> > 
> > 
> 
> 
>