Do you really buy that expensive recording software?

[TerraMortim]

just click the link it's easier to read:

http://www.benedict.com/Audio/Crew/Crew.aspx


audio
2 Live Crew
Copyright Casebook





2Live Crew and the Case of the Pretty Woman

Finally, Fair Use


Campbell v. Acuff-Rose Music, Inc. is probably the seminal case for the modern application of the fair use doctrine. After years of neglect languishing in the back waters of intellectual property, the fair use doctrine received the spotlight from the Supreme Court in 1994. The lightning rod was 2 Live Crew (no stranger to Constitutional controversy) and their allegedly parodic use of the "Pretty Woman" song.

One of the critical factors that the court looked at was whether or not the 2 Live Crew version was likely to dilute the market for the original Orbison version. The court seemed to think that the buying audiences for each version were substantively different. - FACTOR 4 OF THE FAIR USE DOCTRINE


Do you think the following songs are targeted at different audiences?


2 Live Crew and
the Case of the Pretty Woman

In 1964, Roy Orbison and William Dees wrote a rock ballad called "Oh, Pretty Woman", about the same time that the Chiffons were swinging with "He's So Fine". In July of 1989, the rap group 2 Live Crew released the album "As Clean As They Wanna Be", containing a collection of their songs that don't contain the amount of profanity and obscenity normally associated with a 2 Live Crew album. One of these clean songs is "Pretty Woman". With this song, 2 Live Crew basically took the distinctive bass riff from the original Orbison song and changed the lyrics in true Crew style. Orbison and Dees are credited on the Crew album. Although the music is certainly identifiable as the original Orbison song, it is not unchanged. Also in true Crew style, the music contains interposed scraper noises, overlays of solos in different keys, and an altered drum beat.

Coincidentally, shortly after the 2 Live Crew version came out, the motion picture "Pretty Woman" was released. Interestingly, the soundtrack featured the Roy Orbison version of the song, but the movie took the 2 Live Crew version of the title. Consequently, the movie producers were required to license the Orbison version of the song, but since titles cannot be copyrighted, the producers would not be liable to either Orbison or 2 Live Crew for the use of the title "Pretty Woman" for the title of the movie.

Also of interest is the fact that the movie poster for the film itself became a source of sampling controversy. As may or may not be obvious from the picture in the header above, the face belongs to the star Julia Roberts, but the body belongs to a nameless body double. With the widespread use of Photoshop and other digital manipulators, photographs can longer be considered integrated unique works. In the above case, getting a release from Richard Gere and Julia Roberts may not be sufficient protection for commercial republication without the additional release from the body double.


The Case of Campbell
v. Acuff-Rose Music

In looking at 2 Live Crew's use of the "Pretty Woman" song, the Supreme Court successfully looked past the previous fair use decisions which basically stated that any commercial use was presumptively infringement.

"in truth, in literature, in science and in art, there are, and can be, few, if any, things, which in an abstract sense, are strictly new and original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before."
Emerson v. Davies,8 F.Cas. 615, 619 (No. 4,436) (CCD Mass. 1845)

As notable for its appearance in fair use cases as for its use of commas, the opinion set forth in Emerson was used as an anchor by the court to the return to the original precepts of the framers of the Constitution.

"look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work."
Folsom v. Marsh, 9 F.Cas. 342, 348 (No. 4,901) (CCD Mass. 1841)

Most importantly, the court went back and gave full weight to each of the individual factors of the fair use test as promulgated in the Copyright Act of 1976. Instead of dismissing the Crew's claim on the basis that they had used the appropriated material for commercial gain, the court looked at the other factors of permissible fair use and determined that parody was indeed protected fair use, even though the perpetrators gained financially .


Lyrics:

Oh, Pretty Woman" -
by Roy Orbison and William Dees

Pretty Woman, walking down the street, Pretty Woman, the kind I like to meet,
Pretty Woman, I don't believe you, you're not the truth,
No one could look as good as you
Mercy

Pretty Woman, won't you pardon me, Pretty Woman, I couldn't help but see,
Pretty Woman, that you look as lovely as can be , Are you lonely just like me?

Pretty Woman, stop a while, Pretty Woman, talk a while,
Pretty Woman, give your smile to me, Pretty Woman, yeah, yeah, yeah
Pretty Woman, look my way, Pretty Woman, say you'll stay with me
'Cause I need you, I'll treat you right, Come to me baby, Be mine tonight

Pretty Woman, don't walk on by, Pretty Woman, don't make me cry,
Pretty Woman, don't walk away, Hey, O.K.
If that's the way it must be, O.K., I guess I'll go home now it's late
There'll be tomorrow night, but wait!

What do I see
Is she walking back to me?
Yeah, she's walking back to me!
Oh, Pretty Woman.



lyrics:

"Pretty Woman" -
as Recorded by 2 Live Crew

Pretty Woman, walking down the street, Pretty Woman, girl you look so sweet,
Pretty Woman, you bring me down to that knee, Pretty Woman, you make me wanna beg please,
Oh, Pretty Woman

Big hairy woman, you need to shave that stuff, Big hairy woman, you know I bet it's tough
Big hairy woman, all that hair ain't legit, 'Cause you look like Cousin It
Big hairy woman

Bald headed woman, girl your hair won't grow, Bald headed woman, you got a teeny weeny afro
Bald headed woman, you know your hair could look nice, Bald headed woman, first you got to roll it with rice
Bald headed woman here, let me get this hunk of biz for ya, Ya know what I'm saying, you look better than Rice a Roni
Oh, Bald headed woman

Big hairy woman, come on in, And don't forget your bald headed friend
Hey Pretty Woman, let the boys
Jump in

Two timin' woman, girl you know it ain't right, Two timin' woman, you's out with my boy last night
Two timin' woman, that takes a load off my mind, Two timin' woman, now I know the baby ain't mine
Oh, Two timin' woman
Oh, Pretty Woman.

I sang that song to my grandmother ltoday. She loved it!

 

[danny.guitar]

what this effectively means, is that for a half second sample, you MUST pay THOUSANDS OF DOLLARS, or everything you make off that record will be given to the label who owns the copyright to the sound recording you sampled a half-second from.

I have an idea. Don't sample. Write your own songs. Be original.

Well, you already are original, just not in a good way.

 

[legionserial]

no wonder you're so bitter, your life is basically one step away from a living hell.

Well when I have to deal with wankers like you is it any surprise?

Someone makes a point and your best answer is to try and insult them.

As you said, 'class dismissed children'. Grow the fuck up. The whole 'I want this, give it to me now, or I'll kill you all' is so 2nd grade.

 

[legionserial]

Also, most sampled songs sound warmer and the highs are smoother, and strings sound richer and fulller, because they are using samples of instruments first recorded on analog tape then transferred to vinyl...which always trumps the sound of pop records, some guy trying to record a band in pro-tools or some kid with his trinity synth...no matter what the sampled sounds always have more character, depth, and most importantly warmth and fuzziness...and if you ask me personally, I always prefer "warm fuzzies" to "cold pricklies (01010)" when you sample off of vinyl or tape you retain some of that analog warmth even in the digital domain, where as if you go straight to digital during your initial recording it will never have the same warm fuzziness as a vinyl sample.

What the fuck are you blathering about now?

 

[boingoman]

I also add musical elements using just a Nord Elektro in much of my music, but I would never give up sampling and use just instruments and synths recorded into digital, that is no way to create the classics which I create.

Ken Weber?
Father Time?

 

[pacman9000]

sum ov u folks are extremely dense, u might want to get tested for mercury in your system or perhaps test your tap water for poisonous pollutants which are eating away at your brain.

 

[legionserial]

sum ov u folks are extremely dense, u might want to get tested for mercury in your system or perhaps test your tap water for poisonous pollutants which are eating away at your brain.

Ah...throwing cheap badly spelled insults - The last losing argument of an ignoramus....

After all you're the one writing stupid shit like that. Although I wouldn't imagine for one second it's your water. I think it's more likely that you are naturally a dunderheaded fucktard.

 

[TerraMortim]

you know pacman isn't as much of an idiot as you guys think. From what I gather he's actually aware of much more of the truth in the world than the average joe. If he be a bit combative...so what..get the fuck over it. I love to piss people off...it's great fun. I haven't seen him mention anything that's not true yet, unless it's before I started coming here.

 

[boingoman]

you know pacman isn't as much of an idiot as you guys think.

He's not stupid, just self-centered, juvenile, and lazy.

I haven't seen him mention anything that's not true yet, unless it's before I started coming here.

He gets a lot of facts wrong, but that's ignorant, not stupid.

 

[legionserial]

It's quite possible to be intelligent, but stupid in the way you use that intelligence.

 

[RawEnt]

If you are seriuos about recording or anything in life!

Stealing is bad no matter what it is. Just imagine you creating a program and someone comes along and steals it. I don't think you will like that at all. So, saying that just to say, what goes around will come back around. Buy the things you need in this business and consumers will buy your stuff but, steal and......................

 

[pacman9000]

also, for example you couldn't even take a single sample loop and pitch it down a keyboard without having to pay, even though it would be completely unrecognizable.


My intellect far surpasses all on this board full of petty malice, and I luv spelling words wrong, because it makes you people feel better about yourself, I do pity you.

 

[punkin]

You're also without the ability to create something new. You lack creativity, originality and really have no business being here. Your life serves little to no purpose what so ever and you should very seriously consider seeking medical help for that over-sized ego. It's getting in the way of your ability to deal with reality and see the world as it really is.

 

[boingoman]

My intellect far surpasses all on this board full of petty malice,

Hey, did you ever figure out how to record anything?

 

[TerraMortim]

He's not stupid, just self-centered, juvenile, and lazy.



He gets a lot of facts wrong, but that's ignorant, not stupid.

I haven't seen wrong facts. From what I gather, he has a pretty good idea of REALITY. I'm only going off of recent discussion, but to be honest it makes you want to tell someone to go slit their throat (or to fist themselves in the asshole which I told someone here to do once) when they refuse to listen to what your saying for no apparent reason.

 

[TerraMortim]

pacman you aren't from Vancouver BC, Canada are you? You sound like someone I know lol

 

[danny.guitar]

also, for example you couldn't even take a single sample loop and pitch it down a keyboard without having to pay, even though it would be completely unrecognizable.

Huh? Pitch it down a keyboard?

I came to the conclusion (long ago) that you're just some loser trying to stir shit up on an internet forum so your posts mean pretty much nothing.

If you're not, and you really are as stupid as you make yourself out to be, please, for your own sake, turn off the computer and go get help. Or school. Either one.

 

[TerraMortim]

I have an idea. Don't sample. Write your own songs. Be original.

Well, you already are original, just not in a good way.

I write songs completely from the ground up, however I often sample vocal passages from certain news broadcasts, documenteries (mostly from the 50s), industrial films, and b movies, to help to prove my point, and it actually adds emotional weight to the ideas which I'm trying to get accross (let them hear it right from the mouth of the enemey instead of whining endlessly about it myself).

Sampling doesnt take anything away from the artistic merit of a project in itself, as long as it is done is a way that is artistically important. You could go as far as saying that if you press a CD it's crap because it's just a sampling of the audio, and the only real way is to litterally cut an LP with a lathe, because that's making the sound in a physical manner (That IS fun tho). Sure, at times I could do the part myself, however sometimes, for example. that amen break, or sample from jerry falwel is perfect for what you envision for the art piece, and would drive the point further home in a way that explaining it lyrically until your lips fall off, wouldn't accomplish.

Regardless of playing ability or the process involved, great art is great art. I don't really know anyone who samples music who just takes it and rips it off without making it their own, or using some form of artistic flair and emotionality, aside from some really lame 80s mainstream shit like vanilla ice. Some of the most moving music I've heard is by people who aren't basically musical instrument playing machines, but people who really understand music, and how to express themselves with it, regardless off the methods and tools that they use to achieve their goal. Music is a language, and not everyone is fluent in it. Even many of the classical composers that we treasure, aside from the ususal bach, mozart, and bethoveen (that I know of), where criticized for their strange methods and sensibilities, yet the people who criticized them remained the king of their little shit pile for a few years, and other than their rediculous quotes, their names and work have been lost in the course of time, while the artists who truely understood music that they shat on live on in imortality.

On a more modern note, listen to people like DJ Shadow and tell me with one of his projects called UNKLE he doesn't have artistic merit, the songs are very emotional, and done in a very heartfelt way, and are every bit as much relevant artistically as that swell beatles or pink floyd tune (sorry) that everyone ejaculates uncontrolably from the sound of. He uses A LOT of samples, however, given his classical musical training, and his understanding of the emotionality of the art of music, he intelligently uses them in a way that creates a new artistic statement, very different to the sampled material.

To say sampling isn't real music, is the same as saying that the bauhaus art movement was not art. Some of their found object pieces, and general rebelion was quite profound, and have such an emotional statement to say, which is what real art is anway, reglardless if it's traditional, or not. Besides, without sampling, we wouldn't have ANY electronic music, that's where it started in the 30s and 40s.

Besides, most "real" musicians, rip off the same stupid riffs and chord progressions as everyone else and write one more piece of borish drivel that nobody will give a shit about, and generally has no purpose for existing, with nothing at all to say, no real emotion behind, and no point to it other than to enable the self centered creators to tell the world that "I want to drink a lot of beer and have groupies with AIDS and herpes polish my knob for me." That's hardly more origional than vanilla ice, even, who at least had a really "bitchin" hair do, and he DID get stabbed in the butt, which makes for at least something of a chuckle to think about, in a purely entertainment value way.

And btw..I AM a real musician, I play about 5 instruments, most of them in projects professionally over the course of my musical adventure, and have since an early age. Don't discount other people's artistic expressions if it was meant in that light, it just makes you sound like an old jaded fogey, bitter because everyone doesn't want thngs to be done the exact way they grew up doing it, and due to your depesperate attemts to hang on to what you have, cause yourself to miss the real point of things. ART, not technique.

I fucking hate hearing people put down artists if they happen to sample anything in their music. Just stop, kay?

 

[TerraMortim]

You're also without the ability to create something new. You lack creativity, originality and really have no business being here. Your life serves little to no purpose what so ever and you should very seriously consider seeking medical help for that over-sized ego. It's getting in the way of your ability to deal with reality and see the world as it really is.

that one was directed at you too, oh musical genius. Let's hear your mind blowing songs. I bet it joins the endless catalogue of pointless music made by endless faceless hordes of white middle class "blues (HA!) rockers" in the fashion of that really neato 70s band that only studio buffs, and vinyl collectors (myself being part of both categoiries) care about. I ususally hear this kind of ignorant bullshit come from people who make the most artistically devoid music. Just because you play music, even if you play it well, doesn't mean you UNDERSTAND it, or can make anything that ammounts to a hill of beans.

You are not the center of the universe, as much as your type thinks, and you are not the authority of everyone elses art. I fyou want to be a critic, don't be a musician. Just shut the fuck up and realize that there are a million ways to express yourself, and maybe if you would keep an open mind, you would be able to benefit, and learn, from a few of them.

 

[danny.guitar]

I don't remember saying sampling isn't art or isn't music. I was just saying it wasn't original. Nice of you to try and put words into my mouth though, thanks.

Also, I was referring to the all-too-common backing tracks made from obvious samples of other songs, and not just bits/pieces. Although, even bits/pieces isn't very original. Is it art? Yes. But it's not original in my opinion. To ask whether or not something is art, is stupid. Anything about expressing emotions/ideas can be called art. Even pacman's shit that he hasn't figured out how to record yet.

I love when people nitpick through your posts and then follow up by putting words into your mouth.

Fucking cocksucker.