integer on 28 Jul 2000 06:56:43 -0000 |
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>Yeah ... the severity of that clause is fairly typical now. Contracts have >been moving in this direction for a long while, really quickly for about >the last 10 years. That sort of thing was not considered legally binding >from about the 70s until the late 80s after many people who got suckered >through the sixties with similar contracts sued successfully. > >That's what annoys me about all this "free" shit. The fact is that >distributors, producers, broadcasters, etc are now far more easily able to >extort work from artists, far more cheaply than ever, and for *forever* - >that's the ultimate in alienation: "the products of your imaginings are now >mine forever, just sign here". > >A far worse aspect is how it's done. A lot of work in music is done on >speculation (at least in Australia, I understand that US industry is >actually more insistent on this aspect, although it's hard to imagine how). >That is, a producer (or whoever) will say: "I have this >movie/documentary/advertisement, why don't you try your hand at scoring >it". Ten years ago, there was a 50-50 chance at getting fees for such an >exercise. The odds are much lower now. > >By the time an artist or artists finishes a track, which, contrary to >popular belief, takes a hell of a long time (roughly 5 days per 30 seconds >for decent quality music), they are already heavily invested in many ways. >Then comes the contract saying "no further claim until the end of time ... >sign here". There's not much choice at that point. > >I remain fairly unimpressed with all the whingeing by people about Napster >being closed down, but perhaps the net does hold out some hope for artists >(though I doubt that that will prove to be the case in the long run). The >question should probably be, not whether intellectual property rights >should exist or not, but who should be able to claim them. For me it comes >back to the insane right at law that corporations have to be treated as >persons, like you or I, whilst managing to evade any personal >responsibility whatsoever. Whereas I might die and my copyright become >public domain after 50 years or whatever it is now, corporations do not, it >seems, die all that easily or quickly. It is all too clear that face no >responsibility for past actions (cf IG Farben, Deutsche Bank, etc etc etc). >But that's corporatism for you, I suppose. I will never forget the look on >an EMI exec's face after he had just bought the rights to "happy birthday" >from an old scottish lady. > >There is not a single space - social, electronic, abstract, or geographical >- that we have ever had which has not been enclosed and (eventually) filled >with the organs of capital. I do not see the internet being any different >in the long term. dom!naz!on = propagatd b! dze dom!natd Netochka Nezvanova OPET - OPEn Employee Trade smtp55o@m9ndfukc.com 17.hzV.tRL.478 e | | +---------- | | < \\----------------+ | n2t | > e >regards, >Phil > >At 05:43 PM 27/07/00 -0700, Lev Manovich wrote: >>Do you think that after the Net, memes, open source and other similar >>phenomenons/concepts/movements, the issues of copyright and intelectual >>property belong to the twentieth century? >> >>Not quite yet. >> >>The following comes from the contract recently offered to me by a Holywod >>company: but dear. [pol!tel!] du = 01 zerf deja - hensz = 0+0 zurpr!za. cezt comme ca : http://eusocial.com/nato.0+55+3d/242.055.propaganda.html comme ca http://www.membank.org/0002/0002.html et. auss!. comme ca http://www.m9ndfukc.org/konkurs/00.html in dze werdz ov proust = real without being actual ideal without being abstract pre.konssept!Øn meeTz ver!f1kat!Øn. fr!endl!. kard!o!d b!l!ard - Irena Sabine Czubera f3.MASCHIN3NKUNST look@memvirus.com 17.hzV.tRL.478 e | | +---------- | | < \\----------------+ | n2t | > e - hor!zont.al.cccelv.regulaz!e. >>"OWNERSHIP. >> >>Writer hereby agrees that the Works are considered a "work made for hire." >>As between Writer and Producer, the Works (including any ideas, written >>materials, and copyrights thereto) and all rights therein shall be the >>sole property of Producer, and Producer may publish, broadcast, exhibit, >>transmit, use and/or exploit the Works in whole or in part, in perpetuity, >>for any purpose, in any manner and through any media, whether now known or >>hereafter devised, throughout the world, in all languages, as Producer in >>its sole discretion shall determine. Writer hereby acknowledges that none >>of the Works constitute a work of fine art, and hereby waives all moral >>rights, if any, associated with the Work. Writer hereby irrevocably >>assigns and transfers to Producer all right, title and interest of every >>kind and character throughout the world and in perpetuity, in any and all >>languages, which Writer now has or may be deemed to have in the Works, >>including but not limited to any ideas, material, original works of >>authorship, and copyrights thereto, whether oral or in writing. Writer >>hereby agrees to take, at all times hereafter, all action and sign and >>deliver all documents as Producer may reasonably request in order to vest >>or perfect in Producer all of such right, title and interest in the Works >>and to permit Producer to protect such intellectual property. Writer >>hereby irrevocably designates and appoints Producer as Writer's agent and >>attorney-in-fact to take such action and sign such documents on behalf of >>Writer in order to vest and perfect such right, title and interest in the >>Works and to permit Producer to protect such intellectual property. The >>assignment in this Section 6 shall not apply to any invention or right >>which Writer is entitled to pursuant to the terms of California Labor Code >>Section 2870 or any successor provision." >> >> >> >> >>-------------------------------------------------------------- >>Dr. Lev Manovich >>Associate Professor >>http://visarts.ucsd.edu/~manovich >>email: manovich@ucsd.edu >>phone: +1-858-822-1012 / fax: +1-858-534-7976 >> >>address: >>University of California -- San Diego >>Visual Arts Department, 0084, >>9500 Gilman Drive, La Jolla, CA 92093-0084, U.S.A. >> _______________________________________________ Nettime-bold mailing list Nettime-bold@nettime.org http://www.nettime.org/cgi-bin/mailman/listinfo/nettime-bold