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Russell Letson
`Olu`olu
USA
504 Posts |
 Posted - 08/02/2007 : 06:54:08 AM
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About fair use: between the lack of precise guidelines in genral copyright law and the FUD factor generated by the aggressive (and greedy) rule-set promulgated by the Digital Millennium Copyright Act, it's a minefield. Here's the clearest set of guidelines from the gummint itself (see http://www.copyright.gov/fls/fl102.html for this and more):
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
The DMCA in particular has encouraged those who own or license content to assert control in ways that negate traditional notions of fair use--for example, by encrypting content and criminalizing attempts to get around it. So far this has been an issue primarily with music and videos, but it's just over the horizon with e-books and other digitized formats for text/graphical info.
The legal issues with the Queen's material probably have more to do with its status at various times, particularly *when* an item enters the system, which can govern its terms of coverage. A friend's book just entered the public domain because it was published in 1956, which required a renewal last year, which his agent failed to get around to. Now audio versions are available on eBay and my 89-year-old friend gets no compensation for them. (A different kind of loophole allowed legal but unauthorized paperback editions of Lord of the Rings to be published in the US in the 1960s; Tolkien created a revised edition and got US copyright of that.)
Earlier or later works are subject to different original terms of protection and may or may not require renewal. If "Ka Ipo Nohea" was an unpublished work up until 1991, then the Trust probably does have complete legal control of it. Any work *published* before 1923, though, ought to be in the public domain (see http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/8-a.html), and even the moral authority of a trust would not seem to negate that legal status. (Though other value systems may come into play, of course.)
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cpatch
Ahonui
USA
2187 Posts |
Posted - 08/02/2007 : 08:36:03 AM
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quote:
Originally posted by Russell Letson
If "Ka Ipo Nohea" was an unpublished work up until 1991, then the Trust probably does have complete legal control of it. Any work *published* before 1923, though, ought to be in the public domain
That pretty much sums it up. |
Craig
My goal is to be able to play as well as people think I can. |
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hwnmusiclives
`Olu`olu
USA
580 Posts |
Posted - 08/02/2007 : 08:46:12 AM
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quote:
Originally posted by cpatch
quote:
Originally posted by Russell Letson
If "Ka Ipo Nohea" was an unpublished work up until 1991, then the Trust probably does have complete legal control of it. Any work *published* before 1923, though, ought to be in the public domain
That pretty much sums it up.
And for me, too! From this day forth, the new "Ho`olohe Hou" theme is chant. 24/7 Hawaiian chanting. All day, all night, all chant.
;-) |
Join me for the history of Hawaiian music and its musicians at Ho`olohe Hou at www.hoolohehou.org. |
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Mika ele
Ha`aha`a
USA
1493 Posts |
Posted - 08/02/2007 : 1:12:53 PM
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| don't forget the ipu heke |
E nana, e ho'olohe. E pa'a ka waha, e hana ka lima. |
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Auntie Maria
Ha`aha`a
USA
1918 Posts |
Posted - 08/08/2007 : 10:47:21 AM
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Please allow me to chime in, since -- as a retailer -- this is something close to my wallet. 
All of the sound clips on MELE.COM had to be authorized -- in writing -- by the record labels or musicians or their representatives. And the only reason authorization was granted, is because MELE.COM is a retail operation.
Even at that, I received a letter from the lawyer for the group Kalapana, requiring that I remove all sound clips from their CDs. Interestingly, sales of Kalapana CDs at MELE.COM have subsequently slowed to a trickle. I suspect that purchases are now being made only by folks who already know the group and their sound.
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Auntie Maria
===================
My "Aloha Kaua`i" radio show streams FREE online every Thu & Fri 7-9am (HST)
www.kkcr.org - Kaua`i Community Radio
"Like" Aloha Kauai on Facebook, for playlists and news/info about island music and musicians!
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Mika ele
Ha`aha`a
USA
1493 Posts |
Posted - 08/08/2007 : 1:37:15 PM
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Auntie Maria,
I do not profess to be an expert in all things "Hawaiian Music". I know what I like when I hear it. I can tell you as a frequent customer of your web site that I have purchased CDs (from you) of musicians that I had not paid much attention to because I had not heard them before. I often use the music snippets from your web site to evaluate if I would like to purchase the CD. Sometimes it was because I was searching for a specific song, then began to appreciate the talents of the artist and their other work on the CD.
I have been disappointed several times when purchasing a CD of an artist without listening to samples only to get it home or in the car and not like a single tune on the CD.
Thank you for going the extra mile to make these music clips available. |
E nana, e ho'olohe. E pa'a ka waha, e hana ka lima. |
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Retro
Ahonui
USA
2368 Posts |
Posted - 08/08/2007 : 2:19:42 PM
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quote:
Originally posted by Auntie Maria
All of the sound clips on MELE.COM had to be authorized -- in writing -- by the record labels or musicians or their representatives. And the only reason authorization was granted, is because MELE.COM is a retail operation.
Wow. I stand corrected, and I'm sorry that you are forced to go through all of that licensing hassle; that's a lot of paperwork to track. How long a period of time is each licensing agreement active? |
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wcerto
Ahonui
USA
5052 Posts |
Posted - 08/08/2007 : 4:56:02 PM
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| I agree with Capt. Mike's assessment of the usefullness of the music samples on Auntie Maria's web site. It is an excellent marketing tool. And Just as Mike said, I have purchased music from folks I know nothing about because I was able to hear how good it sounded through the samples that are on mele.com. I also use it as a research tool. Each month when I select a new CD to study or when I find a particular song I want to research, I search for that song on her web site and listen to everyone who has a clip on there. I have found some very interesting music and very interesting renditions of the same song. For instance, it was remarkable to hear all the variations of Hi`ilawe. It is also wonderful that she has the notes as well. The web site is more than just a way for us to be able to purchase music that is hard to come by in any other venue. It is really a great honor to all the fine musicians who share their music with us as well as a way to perpetuate the beautiful musical heritage of Hawai`i. There is no other greater resource for us. It surely takes a lot of work and a lot of love. I am grateful. Thank you Auntie. |
Me ke aloha
Malama pono,
Wanda |
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noeau
Ha`aha`a
USA
1105 Posts |
Posted - 08/08/2007 : 7:28:46 PM
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| Marketing is strange stuff. Barnes and Noble has access to entire songs of every CD in their house. I wouldn't buy a CD unless I can hear some of it before hand.. Even tried and true pros lay eggs some times and i don't buy every CD just because of the name on it. |
No'eau, eia au he mea pa'ani wale nō. |
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thumbstruck
Ahonui
USA
2165 Posts |
Posted - 08/09/2007 : 04:19:26 AM
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| I remember a Waylon Jennings song that mentioned that music would eventually be made by lawyers and machines. |
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slipry1
Ha`aha`a
USA
1511 Posts |
Posted - 08/09/2007 : 09:30:05 AM
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quote:
Originally posted by thumbstruck
I remember a Waylon Jennings song that mentioned that music would eventually be made by lawyers and machines.
A few years ago, I had the good fortune to meet Mark Jones, Grandpa Jones' son. In the course of our conversation, I asked him how things were in Nashville. He replied "Well, th' tassle loafer boys done tuk it over". That's why country music is waning right now. (What a name for a band - The Tassle Loafer Boys ) |
keaka |
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sandman
Lokahi
USA
181 Posts |
Posted - 08/09/2007 : 10:03:51 AM
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A few years ago, I had the good fortune to meet Mark Jones, Grandpa Jones' son. In the course of our conversation, I asked him how things were in Nashville. He replied "Well, th' tassle loafer boys done tuk it over". That's why country music is waning right now. (What a name for a band - The Tassle Loafer Boys)
[/quote]
Kinda the antithesis of nahenahe but there is a place for dim lights, thick smoke and loud, loud music. (Accompanied by the sound of breaking longnecks . . . .) Too bad about Nashville since the fifties.
Sandy |
Leap into the boundless and make it your home.
Zhuang-zi |
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wcerto
Ahonui
USA
5052 Posts |
Posted - 08/09/2007 : 12:41:53 PM
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Well, Paul sure is keeping Grandpa Jones' style of music alive. Clawhammer banjo is what he likes and he plays it well, with all his heart. Agree whole-heartedly that country music nowadays is not the country music I grew up with. I like the pure, simple stuff. Even sometimes the fancy Earl Scruggs stuff is a bit too much, but tempered when Lester Flatt starts singing.
I'm not sure about, say, Bela Fleck for instance. |
Me ke aloha
Malama pono,
Wanda |
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Puna
Lokahi
USA
227 Posts |
Posted - 08/09/2007 : 1:34:45 PM
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quote:
Originally posted by wcerto
I'm not sure about, say, Bela Fleck for instance.
Naw, Bela Fleck is cool. I wouldn't call him country...I think he's one (of many) that takes so many labels to try to classify him (Bela calls it "a mixture of acoustic and electronic music with a lot of roots in folk and bluegrass as well as funk and jazz") that you're better off just giving it a listen and deciding 'yea or nay' for your own personal preference.
When someone asks "what kind of music is it?"...just let them listen and decide for themselves, too. |
Puna |
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Momi
Lokahi
402 Posts |
Posted - 08/09/2007 : 1:37:49 PM
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| I'm with you, Puna, I really enjoy Bela Fleck. There's a reason Jake Shimabukuro has played with him - they're both iconoclasts and make music that they like that defies easy categorization. |
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