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

[Ernest Miller <ernest.miller(at)aya.yale.edu>]

What chilling effect?  Should we abandon copyright entirely?

microlenz@earthlink.net wrote:
> 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?
>>>>>