integer on 28 Jul 2000 06:56:43 -0000

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[Nettime-bold] (no subject)

>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
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>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

but dear. [pol!tel!] du = 01 zerf deja - hensz = 0+0 zurpr!za.

cezt comme ca :

comme ca

et. auss!. comme ca

in dze werdz ov proust =
real without being actual
       ideal without being abstract

                                                meeTz ver!f1kat!ěn.     

fr!endl!. kard!o!d b!l!ard


Irena Sabine Czubera
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           - hor!!e.

>>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
>>phone: +1-858-822-1012  / fax: +1-858-534-7976
>>University of California -- San Diego
>>Visual Arts Department, 0084,
>>9500 Gilman Drive, La Jolla, CA 92093-0084, U.S.A.

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