if molly had made her video 4 minutes and 32 seconds, or 4 minutes and 34 seconds, she would be fine. but no...
Infringing on Simon & Garfunkel?
A performance by William Marx of John Cage's 4'33.Filmed at McCallum Theatre, Palm Desert, CA.Composer John Adams wrote the following in The New York Times r...
@Viss @molly0xfff there are two types of musical copyright. Recordings, and compositions. Even if the composition is silent, e.g. "4:33" by John Cage, there *is* a composition and it counts.
You would lose the argument that a 3 minute video is "4:33" though.
(but if someone releases a video that's exactly 4:33 long and is just silence, anyone with any sort of musical education would know that's a direct reference to Cage's work, and so would constitute a composition copyright violation)
@TheRealPomax @Viss @molly0xfff But 4′33″ isn’t just silence! For one thing, it’s divided into three movements, which performers must communicate somehow. At a deeper level, 4′33″ is about the *impossibility* of silence.
(Also, the usual score specified that 4′33″ may “last any length of time.” Any attempt to raise a copyright issue would run into the compulsory license for music recordings, for one thing.)
@LiberalArtist @Viss @molly0xfff Copyright doesn't care about the underlying intent, only whether the work will reasonably be assumed to "be" another work. It's why derivative works can still be copyright violation.
And yes, that's idiotic. It'd be lovely if we could abolish all the nonsense around modern copyright law.
@TheRealPomax @Viss @molly0xfff But a “silent” performance in one movement, or four movements, would clearly not be 4′33″, not would a digital audio file consisting of a flat line be a recording of it.
With my musicologist hat on, I do agree that copyright law is often ontologically incoherent. Even so, 4′33″ is specific piece of music—one I deeply love—not a catch-all for silence. It was neither the first nor the last piece of “silent” music: see e.g. https://en.m.wikipedia.org/wiki/List_of_silent_musical_compositions
@TheRealPomax @LiberalArtist @Viss @molly0xfff
What if it was a parody?
@TheRealPomax @Viss @molly0xfff
Not necessarily. As Eric Morecambe pointed out, he was playing all the right notes though not necessarily in the right order...
@molly0xfff Inspired by this, I went to look up the "John Cage estate sues" story about 4'33" and found that it was a gag:
John Cage's 4'33"?Attached: 1 image @[email protected] Reminds me of the time we ordered Gin with an upgrade to "neat".
@molly0xfff wow, that... was... the sound of silence
/me runs
Shhh(C)!!!
@molly0xfff Based on the title alone they must think you have poached this somehow. 😆 I assume you just had three minutes of actual silence. Well done.
@happyborg @molly0xfff nah, nah, nah, that's also baddie in copyright's world.
https://gizmodo.com/man-s-youtube-video-of-white-noise-hit-with-five-copyri-1821804093
That's @littlescale@twitter
@molly0xfff Clearly we need an "AI is going JUST GREAT!".
Thank you for all you do. Love your work!
@molly0xfff YouTube's copyright ID was* abused with white noise and sounds of typing a couple of years ago, this isn't at all surprising.
*(maybe still is, I haven't followed the story)
This is exactly why the amount of seriousness someone treats something with is inversely proportional to the amount of seriousness they say they treat it with.
@molly0xfff Unauthorised use of Silence©️ will get you banned. 🙃
That's right up there with high school recital videos getting copyright strikes on Youtube by Sony for playing classical music.