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It doesn’t matter. You can’t copyright white noise. Unless you’re John Cage, or possibly Donald Trump.
by shaki-dora 9y ago
It doesn’t matter. You can’t copyright white noise. Unless you’re John Cage, or possibly Donald Trump.
- andai 9y agoWe have the best noise.
- pbhjpbhj 9y agoI can't see any reason that a work comprising primarily of white noise couldn't be copyrighted. What you can't do is stop others copying your idea (as long as they don't copy your implementation), nor stop others implementing the same thing who don't copy you. Now, a work needs in most jurisdictions to be distinctive, but IMO the length of the work would inter alia be enough to make it distinctive, or perhaps use of a specially designed noise generator. But when you release "10 hours of noise" and I copy your idea and make "9 hours of noise" there will be no tort there.
- icebraining 9y agoIn the US, the threshold of originality seems to be a bit higher than that. E.g. this logo was denied copyright registration: https://en.wikipedia.org/wiki/Threshold_of_originality#/media/File:Best_Western_logo.svg https://en.wikipedia.org/wiki/Threshold_of_originality#/medi... Refusal letter: https://web.archive.org/web/20160412165054/http://ipmall.info/hosted_resources/CopyrightAppeals/2006/Best%20Western%20Logo.pdf https://web.archive.org/web/20160412165054/http://ipmall.inf...
- pbhjpbhj 9y agoIt's not that simple though, Cage's piece -- Silence 4'44" -- I don't think was tested, but taken as a whole I'd grant it copyright. It was art that caused reflection on the nature of a "work", it was designed to be "played" by a musician with any instrument, it was 273s long presumably to reflect on whether silence could ever be absolute. I suspect it was also intended to encourage the listener to observe ambient sounds as if they had meaning. That makes it distinct as a performance piece. That logo is, within the field of logos, indistinct, boring if you will, if you sat down 100 logo designers I bet you'd get a few that look very like it. I'm not sure I entirely agree with it but having copyright but for a logo RTM is probably a stronger right anyway. In short I don't think just being white noise is sufficient, but I don't think it excluded a piece of itself.
- EtDybNuvCu 9y agoImportantly, if I sit down at a piano for a few minutes, stare at the keys, and don't play, I have not performed Cage's work. There is a subtle nuance here.
- TheCoelacanth 9y agoExactly, you have only performed Cage's work if you set out with the intent to play Cage's work. This obviously makes it impossible to determine if a particular performance of silence is a performance of Cage's work without reading someone's mind, but that same issue of determining intent comes up a lot in legal matters.