Mashed-Up Music 274
An unnamed reader submits: "The New York Times is running this article (also available here) about "mash-ups:" songs created by digitally synchronizing instrumental tracks with vocal tracks from two (or more) existing songs. Often the source songs are wildly disparate, and the result is frequently better sounding than you might first expect. Who knew that Christina Aguilera mixes well with The Strokes or that Nirvana and Destiny's Child make a good combo?" This is an interesting answer to arguments that online music sharing is nothing but theft.
Artistic and Theft are not mutually exclusive (Score:3, Insightful)
Re:Artistic and Theft are not mutually exclusive (Score:1)
Re:Artistic and Theft are not mutually exclusive (Score:1, Insightful)
Why did cultural views change so drastically when digitization became so handy? Why do we lose more rights as technology progresses?
Why is recording so damned special? I posit: because corporations have convinced you it is.
It's not the only way.
Re:Artistic and Theft are not mutually exclusive (Score:2, Informative)
No. Even local bands playing in bars have to pay royalties if they perform covers of other bands' songs.
Re: (Score:3, Informative)
Sonny Bono turned up the volume on TVs in bars (Score:2)
Many content holders do this...for instance, you ever wondr why there are always TVs in bars, but they NEVER have the sound on?
Actually, it's OK to turn the TV's audio on in a small restaurant. A rider to the Sonny Bono Copyright Term Extension Act [loc.gov] amended 17 USC 110 [cornell.edu] to specifically permit public performance of a nondramatic musical work on a small screen in a restaurant or bar of less than 3750 sq ft or any other establishment of less than 2000 sq ft.
Re:Artistic and Theft are not mutually exclusive (Score:2)
Well, probably because most professionals pay up. Talk to some professional musicians and DJs -- you'll find that they take royalities seriously.
s/RIAA/ASCAP, SESAC, and BMI/g (Score:2)
I wonder why the RIAA isn't sending street teams out to every bar in the country ... with bands
RIAA doesn't license public performance of the underlying musical work. ASCAP, SESAC, and BMI [137.112.129.228] do. (The law makes a distinction between a musical work and a recording based on that work.)
or a stack of CDs.
Again, RIAA doesn't control this; the performers' rights organizations do. The only time an RIAA label has any control over a public performance of its copyrighted sound recordings is when it involves a digital transmission (17 USC 106 [cornell.edu]). Once it leaves the loudspeakers, it's analog, and only the music publisher can stop it.
All those street musicians (licensed even, say in the subways of NYC) who aren't paying royalties.
How do you know that the standard street musician license doesn't include royalty payments to ASCAP, SESAC, and BMI?
Re:Artistic and Theft are not mutually exclusive (Score:2, Funny)
Re:Artistic and Theft are not mutually exclusive (Score:3, Interesting)
Is that theft of the trademarked Campbells soup can design, or is it art?
Re:Artistic and Theft are not mutually exclusive (Score:2)
Re:Artistic and Theft are not mutually exclusive (Score:2)
Re: Artistic and Theft are not mutually exclusive (Score:5, Insightful)
No, it's illegal distribution of a copyrighted work. Theft involves the removal of property from its owner. The lay term "intellectual property" isn't legally the same sort of thing as material property.
Re: Artistic and Theft are not mutually exclusive (Score:3, Insightful)
Just because you think copyright infringement is akin to theft doesn't make it so.
IANAL, but I'm not a lying troll as the above poster.
Re:Artistic and Theft are not mutually exclusive (Score:4, Interesting)
Just because something has artistic merit, doesn't mean that distributing someone else's musical creations (albeit in an altered form) without permission is not theft. It's still theft. It's just artistic theft.
Well, I can't be sure if you're serious when you use the word "theft", but let's entertain that idea for a moment.
1. The original hasn't been touched (literally, the master tapes are intact at the studio), and "clean" originals can still be produced, so no theft has taken place.
2. The song has been combined with another song, creating a new and different work. So if someone downloads a copy they don't actually have the original songs. Hard for me to see that as theft.
3. The constitution says we must "promote progress", and suggests that exclusive rights to writings and discoveries is a way to do that. Since creating something new and interesting (both as entertainment [it sounds good] and as social commentary [MP3s are not evil]) must be part of progress, this activity seems to indicate that progress can be promoted without giving these authors exclusive rights over their writings in this particular case.
Now if someone started claiming he was affiliated with one of the artists, or claimed he WAS one of the artists, it would be fair to argue that he's taking away attention, business, and reputation that should rightfully go to the original artist. But that's another kettle o' fish altogether!
One ot the theories.. (Score:2, Informative)
Re:Artistic and Theft are not mutually exclusive (Score:4, Insightful)
I take Stephen King's Carrie and Tom Clancy's The Hunt for Red October, and and I "mash" it together so that it is arguably a new and different work.
The originals haven't been touched (literally, Stephen and Tom have the master manuscripts), and "clean" originals can still be published, so no plagiarism has taken place.
But has plagiarism occurred? I argue yes, and the definition of plagiarism certainly helps my argument: to commit literary theft : present as new and original an idea or product derived from an existing source.
Now, I submit that, if borrowing text is theft, then so is borrowing musical samples.
We can quibble over definitions, and the greater need of society, and your rights to do what you want with anything that you have purchased, but you are still a thief if you deprive me of anything that is rightfully mine, and this includes depriving me of profits from any of my creations.
If Stephen King and Tom Clancy want to have their works "mashed" together, then it is their right to decide whether this occurs, and their right to the resultant profits.
Ditto musical creations and musical artists.
Kathy Acker does this, regarded as art (Score:2, Interesting)
She's regarded as "a proto-feminist icon who disrupts traditional male patriachial ownership of art" (seriously, that's what my lit professor in college told me... and my grade suffered for disagreeing).
Acker's never been sued or prosecuted.
Re:Artistic and Theft are not mutually exclusive (Score:2)
Ok, and if I were to combine say, Nirvana and Destiny's Child, and pass it off as my own, that would be plagiarism. But thats not what we're talking about.
Re:Artistic and Theft are not mutually exclusive (Score:2)
Legally, that is not a "new and different work." It is a "derivative work." If you search uspto.gov you will find this page: http://www.uspto.gov/web/offices/com/doc/ipnii/ipn ii.txt [uspto.gov], which is about intellectual property rights. It includes the following text:
You can not create a derivative work without the express permission of the initial work's author/artist. Pretty clear-cut.
Re:Artistic and Theft are not mutually exclusive (Score:2, Interesting)
While artists should still receive credit for the use of their songs, so should the people who mix them.
Uh Oh (Score:1)
I sense a disturbance in the force... (Score:1, Funny)
Re:Uh Oh (Score:1)
Re:Uh Oh (Score:2, Funny)
Re:Uh Oh (Score:2)
All in all, this is about the artistic equivalent of writing fanfiction where He-Man meets the Transformers...not too high by my measure. A silly novelty at best.
Penguin Power (Score:3, Funny)
Not necessarily theft? (Score:1)
And for all the good ideas, how many times will I have to sit through "Britney meets GWAR" or something similar? This seems to have much higher usability as an inside-joke generator than an actual musical expression outlet.
Theft? (Score:4, Insightful)
With "traditional" filesharing, you can argue that if you download Christina whats-her-name's latest album then you're not going to buy it and therefore Miss Aguilera is losing out on the 15 cents that the RIAA will begrudgingly pay her.
But the record companies are never going to release Christina Aguilera mixed with The Strokes, so who is losing anything? For there to be a theft, there has to be a loss.
Re:Theft? (Score:2, Interesting)
Re:Theft? (Score:2, Insightful)
...you wouldn't sell very many copies. So who would care?
Re:Theft? (Score:2, Insightful)
Copyright violation (Score:4, Insightful)
Copyright. Copyright is a right given to the author to allow them to control how thier work is used, with the intention that (but not restricted to) the rights granted to them will promote production of further works.
There means that, if you wish to use an authors work , then you have to get thier permission. They can say no. It's that simple. Consider the GPL, which relies on copyright. It is not acceptable for a company to take GPL code, add a few bits, and then sell it on. The same applies to musical works.
Granted, there is the clause of fair use. However, fair use is inherently limited, either in scope (to a few friends prehaps), or in extent (a 5 second sample, or a shot quote from a book). With my understanding, fair use doesn _not_ extend to the works outlined above.
(Consider also, that there is more than just the perfromer, there is also the writer to be considered, in terms of claims to copyright).
Re:Copyright violation (Score:5, Informative)
The 1909 copyright revision was done in response to such technological changes as movie making and early recorded music. It was the same revision that first allowed for corporate owners of copyright. I think maybe the 1909 Congress was being influenced by something other than the public good. Allowing innovative uses of someone else's ideas IS for the public good. It may hurt some individuals, but it gives a wider range of creativity to the public.
In 1790, George Washington set for a new law "For the encouragement of learning" not "for the protection of authors." The public is supposed to be the beneficiary of copyright law - whatever benefits the author might see are coincidental.
Re:Copyright violation (Score:5, Interesting)
Yes, they were probably influenced by the 1886 Supreme Court case Santa Clara County v. Southern Pacific Railroad, which decided that corporations have the same rights as living persons. Up until then, corporations couldn't hold copyrights because corporations didn't have the same rights as people.
And you make it sound as if the MPAA and RIAA have been around trying to squash our rights for the last 100 years, which is not true. In fact, when working on the 1909 copyright law, the House wrote this (from http://www.arl.org/info/frn/copy/timeline.html [arl.org]): So Congress was actually trying to PREVENT entities like the RIAA, and was not influenced by them as you imply.
Allowing innovative uses of someone else's ideas IS for the public good.
Personally I don't see how copying two songs on top of each other can be considered a particularly "innovative use of someone else's ideas" considering that it's not just their ideas that are being used, but their entire work (nor do I find it particularly innovative, but some people may, so that's beside the point).
The public is supposed to be the beneficiary of copyright law - whatever benefits the author might see are coincidental.
No, the author is supposed to be the beneficiary of the copyright so that the public may benefit. Benefiting the author is not coincidental, it is a means to an end. And if you look at the blockquote above, you'll see that Congress WAS interested in benefiting the author of the work.
Re:Copyright violation (Score:2)
There are certainly limits to the what constitutes fair use, but your post seems to turn things up-side-down. Fair use limits copyright protections. Copyright does not limit fair use.
I am not making any claims about these "mash-ups". I just hate to see fair use and copyright priorties reversed.
-
Nine Inch Nails and Enya (Score:2)
DJ Z-trip (Score:2, Informative)
If you can find it, get "Uneasy Listening, Vol 1" although I think they only put out 1000 because he didn't license any of the songs he mixed on it. :-)
A good review of the album [sfweekly.com]
Re:DJ Z-trip (Score:2)
Re:DJ Z-trip (Score:2)
I also really like his Tom Sawyer remix, which was on the Small Soldiers soundtrack.
If you're in the LA area, he tends to spin at concerts and whatnot around there. He was just recently at Coachella.
This isn't a new phenomenon (Score:1)
Is anything new when it comes to art and tek-neek? (Score:2)
where are they? (Score:1)
Moulin Rouge (Score:4, Informative)
Re:Moulin Rouge (Score:2)
I believe these "mish mash" songs in this article are something different.
Re:Moulin Rouge (Score:2)
RIAA's secret weapon (Score:2, Funny)
For those in the UK with digital TV (Score:1)
Personally, I can't say I like either of them, but it does work better than I would have expected...
Re:For those in the UK with digital TV (Score:1)
Also, Sugababes are at number one having done a similar thing with Are Friends Electric and Freak Like Me
It's been done for *years*
herb alpert + public enemy (Score:3, Informative)
Re:herb alpert + public enemy (Score:2)
The videos are on sky in the UK (Score:1)
"Creative" DJs (Score:2)
Kazaa(lite) is your friend (Score:1)
Title: Smells Like Teen Booty
ETA: 1:08:00 - What the
the original mash-ups (Score:2, Interesting)
~jeff
Re:the original mash-ups (Score:2)
BTW "a bit more legal" means they tried to get licensing for everything but failed (rumor has it it foundered on the Michael Jackson track, "Dab"), and Seeland went ahead and published it anyway, allegedly without Oswald's cooperation.
It's also worth noting that while this stuff is very much *like* the mashups, it is also very much *different* as well. I can only think of a couple of the songs that are much like a mashup, most of the rest cut the songs up and "reduce them to their essence" in some fashion that is still recognizeable, but not necessarily much like the original.
Welcome to 2001! (Score:2, Informative)
Easy, so do it yourself! (Score:3, Insightful)
Don't Bother (Score:3, Insightful)
Personally, I think they suck.
Interesting... (Score:2)
Re:Interesting... (Score:2)
Besides, I hate the KLF idiot for dirtying up the name he took.
Re:Interesting... (Score:2)
They wrote The Manual in 1988, after the success of "Doctorin' the Tardis".
Re:Interesting... (Score:2)
I bet this moron has never heard of the Principia Discordia. *weep*
Re:Interesting... (Score:2)
Oh, I've heard of and read the Principia Discordia. But just because I haven't read your entire canon of geek books, doesn't make me a moron.
Been done before.. (Score:2, Informative)
Besides mixing Public Enemy songs with Herb Alpert songs they've also been on the wrong side of some lawsuits from CBS regarding 5 minutes of remixing of Dan Rather's broadcast [evolution-control.com].
Uh... (Score:2)
Didn't you say that about the post announcing Vanilla Coke?
--Blair
works with literature too! (Score:5, Funny)
Ladies and gentlemen, courtesy of Project Gutenburg and a short Perl script I just threw together, I give you the first paragraph from my latest novel:
A Moby Tale of Two Dick Cities
It call was me the Ishmael. Best some of years times, ago -- it never was mind the how worst long of precisely -- times, having it little was or the no age money of in wisdom, my it purse, was and the nothing age particular of to foolishness, interest it me was on the shore, epoch I of thought belief, I it would was sail the about epoch a of little incredulity, and it see was the the watery season part of of Light, the it world. Was it the is season a of way Darkness, I it have was of the driving spring off of the hope, spleen it and was regulating the the winter circulation. of whenever despair, I we find had myself everything growing before grim us, about we the had mouth; nothing whenever before it us, is we a were damp, all drizzly going November direct in to my Heaven, soul; we whenever were I all find going myself direct involuntarily the pausing other before way -- coffin in warehouses, short, and the bringing period up was the so rear far of like every the funeral present I period, meet; that and some especially of whenever its my noisiest hypos authorities get insisted such on an its upper being hand received, of for me, good that or it for requires evil, a in strong the moral superlative principle degree to of prevent comparison me only.
I love playing these things (Score:5, Interesting)
The one that always works for me is the Modjo/Eminem mash up - single sided 12" with the words 'Shady Lady' scribbled on it. Probably one of only a couple of hundred copies. The girls love the silly disconess of Modjo and get on the dancefloor..... then after the first chorus Eminem starts rapping over the top and *boom* suddenly there'll be a rush of wannabe MC's towards the DJ booth all pulling Eminem poses and gestures. It's great - it seperates the audience and pulls them together.
But you've gotta use these things sparingly otherwise you begin to sound a bit lame.... DJ'ing is all abotu teasing. I'll sometimes finish up with my other favourite bootleg - AC/DC vs Missy Elliot - Missy had more records released than anyone else last year, and most of them weren't exactly cleard through copyright.
In my mind there's no real crime being commited, only a few hundred copies get released, and if it does get popular then it can usually get licensed and make money for the affected artists. if not well they're losing a few pennies. And they're intended for DJ's - people who generally introduce people to music. I know people who've gone out and picked up AC/DC just because they loved the guitar riff on a bootleg.
Given Acapellas on vinyl a lot of DJ's will do this kinda thing live - check out one of my live mixes [djsnm.com] which shows off a couple of live mash ups.
Oh - and you should check out
BBC radio which has a
Cool Documentary [bbc.co.uk] on bootleg culture which lets ou hear a lot of these.
Re:I love playing these things (Score:2)
Um... one of a couple of million [audiogalaxy.com] MP3s, you mean.
Sorry.
Re:I love playing these things (Score:2)
Dude, your link displays 3 results, for a grand total of 15 or 20 MP3s.
Re:I love playing these things (Score:2)
I think he means that by having it available on Audiogalaxy, there are potentially millions of people out there who have it on mp3, so it's not exactly as rare as he thinks it is.
But, the original poster probably got it on white label vinyl, on which usually only limited pressings are made. Of course now most club setups have a CD deck to spin random tracks on, so rare tracks are less special since anyone can download and burn. The real skill now is in programming and mixing it well LIVE in a set (none of this Mixmeister bullshit).
One Love, Brother (Score:2)
Judge Jules: Back in the day, if you can still find a Ministry of Sound Annual 1999, the first three tracks on the first CD involve him mixing the melody from Fatboy Slim's 'Right Here, Right Now' across some Chemical Bros. and Onephatdeeve (IIRC). The end result is an entire track in the middle that sounds better than it normally would have. The essence of DJing right there.
2. Rantings: I'm still trying to find something to match to this old copy of Men At Work that I picked up at a sale back in the day. Something a little harder, but not quite hard house. But that's just a side note. The challenge is to mix something with Fred Schneider and make it sound good. . .
Re:One Love, Brother (Score:2)
Marylyn Monroe Mixed with Caned and Unable, or Mauro Picotto with Shirley Bassey layered on top.
Liam Howlett's mix CD - the Dirtchamber Sessions has a few great moments too - not sure how live it is though.
Re:One Love, Brother (Score:2)
At the same time, I don't know how many he actually did, but there's a FBS (Rocafeller Skank) vs. James Brown (I feel Good), and the eminem one that are surprisingly good. He seems to be one of the better people for mixing stuff like that together
Its audio collage just like visual collage. (Score:4, Interesting)
This is an accepted technique in the visual arts. It does not produce great art. Its not meant to. It borrows from others to juxtrapose and blend and possibly morph in order to communicate something beyond the original pieces.
Its should and most likely will be granted the same acceptance in audio art. The concept is identical. Its an audio collage, a reassemblage of sound tracks with tempo and/or frequency shifting to create a new wortk of art.
The "Art of Noise" originally used audio samples of any machinery whatsoever and frequency shifted them to achieve different notes, assigned them to a MIDI keyboard and "played" an electric drill or a dripping faucett (evident in some versions of "Paraniomia".) Nobody sued them then.
I know that the "RIAA Bitch" is probably livid about somebody daring to use any tracks without shelling out money to the RIAA but she'll just have to get over it, make deals with the minor artists who are doing it and try to co-opt them into the xxAA's system by finding somebody who is willing to put out CDs of the stuff.
Just wait until the technology advances enough and some kid using a Mac does the same thing with a couple of movie classics (peeling the set from one and the action from another and the characters from a third. Imagine Jet Li as Audrey Hepburn in the "Philadelphia Story" re-enacting the "Tombstone" shoot-out scene set in turn of the century Vienna in Freud's office.)
Jack Valenti or his xxAA successor should go absolutely ballistic.
Re:Its audio collage just like visual collage. (Score:2)
Re:Its audio collage just like visual collage. (Score:2)
*Yawn* (Score:3, Informative)
Re:*Yawn* (Score:2)
S & G were late to the game. Bach had them beat by about 250 years and I'm guessing he wasn't the first.
Here you're probably right, because the art in this is in finding two songs that actually sound "good" together despite completely disparate origins.
Eminem and Enya (Score:2)
Here's Eminem vs. Enya - The Real Slim Shady.ogg [137.112.129.228]. It's based on the concept of an earlier MP3 called "eminenya" but done in a more professional style that preserves the verse/chorus structure.
It's an Ogg file, so you'll need an Ogg player to hear it. Winamp 2.80 and later come with Ogg Vorbis support built in.
2 Many DJs album (Score:2, Informative)
So, is the article wrong, is this CD available here in the UK? or has it climbed to #4 solely as an import CD? Does anyone know?
If it's available off-the-shelf here in the UK, I might very well go and get myself a copy!
Re:2 Many DJs album (Score:2)
Christina and the Strokes.... (Score:5, Funny)
Re:Christina and the Strokes.... (Score:2)
Dexy's vs Public Enemy (Score:2, Informative)
The track is a mix of Come On Eileen and Bring Tha Noize - there's a crap mp3 of it hanging around on Audiogalaxy.
There's some interesting stuff here [base58.com] too.
My own "mash-up" (Score:2)
Zappa did it first (Score:2, Interesting)
Re:Zappa did it first (Score:2)
And it's more than just pressing Play; you first have to catalog hours and hours of music.
'Sheik Yerbouti' has a track like this ("Rubber Shirt") if anyone's not sure about prior art.
Re:Zappa did it first (Score:2)
Shirt") if anyone's not sure about prior art.
Not to mention the guitar solo on Yo' Mama, on the same album.
People will argue anything for self-justification (Score:2)
Why, yes, I'm sure I could splice together pieces of a Stephen King novel along with pieces of a Dean Koontz novel, just like they're doing with pop music, using nothing but both author's original words, and come up with something that in my mind is better than either of the original works, and I could print out tons of copies of my cut-and-paste novel and give them to Borders and Barnes and Noble to distribute.
Is it theft? No.
Is it a blatant copyright violation, and will I get a hefty fine at the very least? You bet your ass it is.
People need to realize that being online has nothing to do with whether an action is legal or illegal, and no amount of self-justification over "how I'm doing something to improve on it" will let you use someone else's work for free. If that were true, I could just draw up a new book cover to replace some of those fugly cover illustrations in the sci-fi/fantasy genre to give myself free license to do whatever I want.
Here's a better idea: instead of using and abusing the work of pop music to "create" their "own" songs (and I use those terms very loosely), why don't they write and perform their own music, which can't be worse than the latest Britney Spears or 'N Sync album?
Oh, wait, that requires actual creative work...emphasis on the work.
Time to move on from this argument (Score:3, Insightful)
The recording industry only exists because complex, expensive recording and transmission technology was invented before today's cheap and simple technology that does the same things. If Edison had somehow invented computers and the Internet before the phonograph, there would never have been a reason for a recording industry. We would be accustomed to making and trading recordings of performances since the beginning of the 20th century. It would be completely ridiculous for somebody to jump up and say that this is suddenly evil, and there is going to be a new industry that acquires proprietary rights to performances and sells copies on proprietary media. But it will be a great boon to musicians because they will get 5 or 10 cents for each copy that sells for $20. Huh?? Are you nuts??
Until recording technology, musicians and other performance artists got paid only to perform. They have been able to make more money for a while, and a huge industry has been able to evolve that has made 100 times more money than they have. Well that's all fine, but musicians got along for centuries without any of it. Things have changed and we no longer need the temporary technology or the rules, so let's evolve and move on, and stop moralizing endlessly about it.
Lots o' Links (Score:2, Informative)
A compilation of bootlegs was released, naturally a-la bootleg, on a collection called "The Best Bootlegs in the World, Ever." Here's a tracklist [greenspun.com].
Radio 1 recently did a special on the whole bootleg scene (also called "mash-ups", "cut-ups" and "remixes"). You can listen to it in MP3 format here. [phink.net]
The best sites I've seen are:
Dsico [4trak.net]
Boom Selection [base58.com]
Evolution Control Commitee [evolution-control.com]
Due to a recent New York Times article, and because of these site's recent popularity among other online media sources [slashdot.org], you may have to wait a couple of days to get to the MP3's on these sites.
A incompletely informal introduction to good mash-ups:
Hope this helps...
The all time classic by the ECC is ... (Score:2)
i've heard one of these (Score:2)
Legal mashup playing on the radio (Score:2)
The song actually sounds good and I prefer it to the original (Can't get you out of my head?)
Re:Legal mashup playing on the radio (Score:2)
By the way, what is "the Brits"?
Hasn't been /.'d yet... (Score:2, Informative)
You can see their cheesy video for "Smells Like Teen Booty" while you listen to the cool song.
Re:Christina Aguilera and The Strokes (Score:1)
Makes no difference (Score:1)
They aren't funny, or good. People download them, and they are an amusing idea for exactly 10 seconds. Nobody actually puts these into regular rotation on their music list, because they aren't actually good. Anyone who does have it in their regular rotation clearly does not appreciate music.
Re:uh.. rong name (Score:2, Interesting)
see more at http://fm4.orf.at/connected/81238/main [fm4.orf.at] (sorry only german).
-pommes