4 ms·
Is there a test of originality for copyright? I wouldn’t call myself vehemently anti copyright but when the idea of “let’s just not play and the ambient sound o
by SOLAR_FIELDS 3y ago
Is there a test of originality for copyright? I wouldn’t call myself vehemently anti copyright but when the idea of “let’s just not play and the ambient sound of the orchestra sitting there is music instead” is the basis for the copyright it does make me question the validity of it. When someone who has done XYZ drug of choice and can come up with that idea in their drug addled state of mind as a pretty good first pass (if I were to to smoke marijuana and you asked me of a clever avant garde music idea, the concept of 4’33’’ is probably be one of the top three I would just list right off the bat not knowing of Cage) I really do question whether you should be able to copyright that idea. It’s even a bit of a hippie meme “what if the music is everything around us? Har har”
By the way I love 4’33” and don’t denigrate it - the way Cage executed the idea is flawless - which is one of the reasons it’s so timeless. I just don’t think it’s something you can copyright. And indeed, the stories you linked indicate that, though rather than point out the ridiculousness of the situation they simply used it as a money and publicity making opportunity.
- dls2016 3y agoI think "transformative use" is the term you're looking for. https://en.wikipedia.org/wiki/Transformative_use https://en.wikipedia.org/wiki/Transformative_use
- SOLAR_FIELDS 3y agoThis is a good one, but I think my point is that the original doesn’t stand up to copyright in the first place - so transformative use wouldn’t apply if that was the case
- wgjordan 3y agoI think 'idea-expression dichotomy' is the legal concept you're looking for.
- toss1 3y agoSeems the solution is the ambient near-silence. Your performance in your location will have a different ambient near-silence, than mine, or any other performance and circumstance. Since the near-silence is the point of the piece, we have different expressions....?