[cc-community] Copyleft And Commerce

rob at robmyers.org rob at robmyers.org
Fri May 26 06:16:53 EDT 2006

Quoting Kevin Driscoll <driscollkevin at gmail.com>:

> I see the seed project comparison though I have to push back when we
> bring the analogy to music because of the nature of derivative audio
> recordings of music.  In my experience, sampling is rarely used for
> the sake of convenience (e.g. "I need a horn line and can't play
> trumpet.")

Much music, particularly rap and dance, uses drum or synth lines or 
even vocals,
from sample collections. This would not be regarded as sampling, but it is use
of a sample.

> More often, sampling is used within a new work to
> reference the cultural context of the sampled recording.
> The free/open library would be valuable in a variety of other contexts
> (soundtracks, music education) but could not find the broad adoption
> we see in the GNU projects.  Few, if any, of the recordings would have
> the necessary cultural weight to impact popular music.

Yes I agree with that and this is why licensing alone is not enough for free
culture. We need to protect and expand fair use / fair dealing as well. The
referential nature of art, and the fact that art does not have functional
equivalents (a GNU/Mona Lisa would not be the Mona Lisa) are both differences
from software that mean that the exact same approach will not work, 
although it
can be instructive.

That said, if a few free music tracks become classics, they can be referred to
as works with cultural weight. This would change the equation.

- Rob.

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