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estebanana

Posts: 9351
Joined: Oct. 16 2009
 

RE: Tabbing rules?? (in reply to gj Michelob

quote:

Do yo miss the California sun? We had some spectacular weather for a few weeks now. I am moving across the Golden Gate Bridge to catch even more of it; I was pushing for a house in Sonoma [the older i get the more i find the country - not just the music- attractive] but am willing to settle for a less life changing relocation and are looking to settle in Mill Valley.


I like Sonoma, it's more authentically farm country than Mill Valley. Although Mill Valley is far away form SF yet close and you can walk on that splendid path down in Tennesee Valley.

When I worked for a contractor doing finish carpentry we built a few houses in Mill Valley, I always honestly felt like a second class citizen. There is a palpable social separation between intellectual labor and hands on labor in Mill Valley. Funny story: I was standing in front of the house we were building, it was a farm house with a slick reductive modern addition (look up the Japanese architect Ando and think Old Funky Barn + Ando) I was in charge of three months of trimming out of the place in custom dimensioned vertical grain Doug Fir. I wrapped beams and window frames with on site dimensioned VGDF and it took three months. The house was not that big. We joked we were building a giant piano instead of a house.

The plumbing was complex, systems of under floor heating, special bath tubs, etc. The guy doing the plumbing was an American who lived in Hungary. He flew over to work for six weeks to do the plumbing. He lived with his Hungarian wife in a small town in Hungary and came to the Bay Area to do plumbing in the US every two months. He would stay for four to six weeks and earn enough to live comfortably in Hungary keeping his wife a kids in a house that was like a small castle. Everyone loin that town loved that guy because he employed most of the carpenters in his town remodeling his house.

Anyway, this Mill Valley lady comes rushing down the road and sees me in the street unloading some expensive timber. She screeches her car to a stop, rolls the power window down and asks me if the plumber can come to her house and look at the washing machine sink which is over flowing. I said you can ask him, but I seriously doubt it because he is under lot of pressure to meet an inspection deadline on the plumbing. Then she said "Well how difficult can plumbing be? Can't he just break away and look at my sink?" I say "You can just call a plumber that travels out and make an appointment, I'm sure someone can look at your sink. "

Then she got snotty with me, "Well, how much does your plumber charge? I'll pay him more to come look now." "Well" I said, "if he were able to disengage from what he's doing he charges 80.00 per hour which is reasonable for how good he is. But he's not available." Then she said "Oh I see, why do plumbers make so much? After all it's not like they are lawyers, why should they get 80.00 dollars an hour?" Then I said the best comeback of my life without missing a millisecond. "Lady", I said, "plumbers and lawyers are exactly the same, they both get paid to bail people out when they are up to their bottom lip in sh*t. "
She rolled up her window and sped off.

My salty anecdote of the day.

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 25 2013 3:07:43
 
gj Michelob

Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco

RE: Tabbing rules?? (in reply to estebanana

Interesting anecdote. The parallel with lawyers' hourly rates stimulates an interesting conversation on how commerce tends to convert service into product.

On the one hand, the advent of hourly rates allowed large law enterprises to sell product and in quantity, the hours produced by the more or less slaved associates and partners. On the other hand [a point I made when we discussed Spotfy], music became an industry when records allowed musicians and their impresarios to sell product and in quantity - records.

But both are slowly reverting to their original and authentic nature, a service, an intellectual service, where there is no tradable product.

So are sheet music and scores now the vestigial heritage of the music industrial era? Are they the "product" musicians will sell and want to defend? it is still too soon to answer, but since we all love to guess.... i believe they are the future because they represent the finest element of music, creativity. That may very well be worth something, as records sales plummet precipitously.

Both the cultural and emotional points analyzed above, provide some relief that Flamenco and its musicians are not inclined to enforce copyright against unauthorized transcriptions of their work. But these views do not resolve the problem. Also the suggestion that fragments ["excerpts" being the proper description], of a book or score are immune from suit is a more of a popular belief than anything else.

As pointed out in my first reply here [and as Stephen commented other blogs have carefully disclaimed] the "purpose" is one of the key aspects [eductional, critical or analytical presentation] along with the extent of the audience it is presented to.
Naturally, presenting transcriptions of an excerpt is less likely to be challenged, but not necessarily unless the educational purpose be served.

On that note, I wanted to organize a session -written interview based on members questions or even live webinar- with one of YouTube legal counsels who specializes on the subject area of the law. This and other recurrent questions on music copyright may warrant the effort to organize the event.

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gj Michelob
  REPORT THIS POST AS INAPPROPRIATE |  Date May 25 2013 15:44:25
 
estebanana

Posts: 9351
Joined: Oct. 16 2009
 

RE: Tabbing rules?? (in reply to estebanana

Last night I was thinking, how do you copyright a blues lick that is a basic elemental foundation of playing blues?

I think that is the question Ricardo brings up. There are structures in flamenco that make flamenco toque what it is. A remate', a falseta, the use of Andalusian cadence: how do you copyright those elements?

I guess what I'm getting at is, if fragments are published, small sections of toque, how can it be proven legally that they are not part of a greater flamenco toque that defines the genre and can fit into a recognized flamenco structure without being changed in any way?

That is my question. How would it be proven that a falseta has definite authorship?

All falsetas either are derived from older falsetas, or are newer ideas, but still based in flamenco mechanics. How can it be proven that falseta is not automatically part of a what makes flamenco work?

I guess idea is more theoretical; If you prosecute people for playing music does it eventually mean that only a few people end up legally being able to play music?

Like I said, I ain't no Rumpole.

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 26 2013 1:05:29
 
gj Michelob

Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco

RE: Tabbing rules?? (in reply to estebanana

I hate contradicting you but am pressed to reply, Stephen:

1. If you want to play lawyer [and i assure you that playing lawyer is way more fun than actually being one], you must be creative and think of the proverbial "worse case scenario" -to only evaluate a plan against frivolous claims isn't very helpful. Think of Vicente Amigo's latest Album; how recurrent are the traditional falsetas in his new songs?

2. Basically you are mixing apple and oranges by referring to the defense [to a claim of copyright infringement] known as "lack of originality". This is a defense to a claim of plagiarism not of unlicensed transcription of a song, which is what we are addressing here. For plagiarism the instructions to the trier of fact [jury] are different than they are for unlicensed transcription: Did the defendant copy v. Was the defendant authorized to copy? And for the defenses: is the plaintiff's work original v. did defendant use the transcription for educational purpuses?

"Lack of originality" is a formidable defense not only for flamenco and blues -as you suggest- but also for many claims brought in Pop Music. I was privileged enough to co-chair the successful defense of a few really famous pop artists' challenged compositions, based on this theory. We found that almost every song will have a degree of similarity borrowing more or less unwittingly from previously published music -going back to Mozart, Bach or even some Elizabethan ballads. The circle can be quite tight for all music. However the courts have developed tests -to determine originality and infringement that elude the simplicity of "they all sound the same".
A discussion of these tests exceeds the scope of a post and the patience of the reader.

One final comment, if I had a dollar [as they say] for every time a client took a chance dismissing a lawyer's words of caution with a lighthearted "who will want to waste time suing me for this?" Or "I can prove that my work is not a copy" or "their work is not original". [in a way I do have that dollar for each time they said it and ended up in court].
And here lays the problem, resisting a claim or defending a complaint in court is always an extremely expensive proposition [particulalry here in the US] while preventing it may be a little time consuming but much more affordable.

Whoever started this thread brought an obvious question, but the answer can't be "we are lucky here, do not worry". Easy to say when you are not the party who stands to lose anything.

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gj Michelob
  REPORT THIS POST AS INAPPROPRIATE |  Date May 26 2013 16:02:08
 
Paul Magnussen

Posts: 1805
Joined: Nov. 8 2010
From: London (living in the Bay Area)

RE: Tabbing rules?? (in reply to gj Michelob

quote:

If you want to play lawyer, you must be creative and think of the proverbial "worse case scenario"


Granted that all you say is true, would we not get a Cease and Desist order before anyone went to an actual lawsuit?

Lawsuits, as you point out, are expensive, and seem like using a sledgehammer to crack a walnut.

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 26 2013 16:38:22
 
gj Michelob

Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco

RE: Tabbing rules?? (in reply to Paul Magnussen

Thank you, Paul. A cease and desist letter is useful but often comes with a demand for 1. unreasonably broad restrcictions to impose on our acitvity and 2. monetary damages. I would simply want to be in a position -should that letter ever come- to resist it by providing an impeccable explanation that what and how we do it is permissible.

However, I have seen plaintiff's counsel rushing to Court without giving any notice [which is not a prerequisite to start an action in court]. It is a more expensive but also more effective strategy than a letter, as a defendant faced with the enormous investment of resisting the lawsuit would generally fold rather quickly.

Now, it is true that I offer my basic services freely to the Foro, but even a reply to a cease and desist letter could cost as much as a Stephen Faulk's guitar does. The joke being "how many lawyers does it take to change a light bulb? -Answer- We need to do some research !" -and that is where the bill hits the sky.

Above all, whenever accused of any wrongdoing that requires involving lawyers who would want to take responsibility? It is that old chilling effect we all dismiss too quickly until the letter hits us, personally; then fear is the most typical and human reaction.

Allow me an example. If on a different Foro someone published an unauthorized transcription of Ricardo's work and he [whom I adore] were upset and asked me to protect his rights, I probably would start a lawsuit and throw salt over the unlawful material !!!

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gj Michelob
  REPORT THIS POST AS INAPPROPRIATE |  Date May 26 2013 16:53:59
 
estebanana

Posts: 9351
Joined: Oct. 16 2009
 

RE: Tabbing rules?? (in reply to gj Michelob

quote:

I hate contradicting you but am pressed to reply, Stephen:

1. If you want to play lawyer [and i assure you that playing lawyer is way more fun than actually being one],


I was really asking the question not as a rhetorical smarty pants guy playing lawyer, but I actually wanted to know.

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 27 2013 5:55:36
 
gj Michelob

Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco

RE: Tabbing rules?? (in reply to estebanana

Stephen, I feared you might misunderstand my reply -as much as I disclaimed any hostility [in fact I even edited my post to add the words "it is more fun to play lawyer than being one -notice how when Paul quoted me these words weren't there yet]. I simply wanted to clarify a few common misunderstandings and chiefly that -regrettably- there is an insurmountable ocean between how we think we could defend an accusation of wrongdoing and how we can actually defend it. That impossible hurdle is the cost and pain of litigating.

On your advice, I read the disclaimers DelCamp used on his site and they are quite sophisticated. The time frame he relies on -70 years- maybe a more slippery variable at times, but generally it is a sound fortification against any claim for infringement. He relies on the aging and lapsing of copyright, as most of the music collected there abundantly exceeds the critical threshold and otherwise has painstakingly obtained license for the "younger" material.

More practically, I noticed that RavennaFlamenco has used a formula that resembles what I mentioned here -the educational purpose.
Your take on sharing only excerpts is certainly helpful to complete the equation.

Now we could work and make this Foro become the ultimate resource for Flamenco [as DelCamp is for classical guitar], but I doubt that it is the popular desire. So we may need to settle for a less sweeping change in the Foro s policy and guard ourselves with a an alert sentinel instead of a tank division.

Once again, I wasn't trying to antagonize you, Stephen, but simply flirting with your joke of being or not a barrister!
Cheers.

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gj Michelob
  REPORT THIS POST AS INAPPROPRIATE |  Date May 27 2013 15:22:59
 
estebanana

Posts: 9351
Joined: Oct. 16 2009
 

RE: Tabbing rules?? (in reply to estebanana

GJ,
I have limited time online these days so I have to scan fast, I must have missed your meaning. Never any offense taken.

In fact thanking you daily as I have shipped the cello you gifted me. It has been here a week and I have been playing it. The shipping Co. extracted a small ransom to bring it here, but it was in the end worth it.

One thing, you requested I make a recording of something Bach. I will eventually, but bear in mind Casals played the suites for 30 years before he recorded them. Give me a few more months to tackle one movement well enough to record it. I'm thinking of recording the saraband from suite one.

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 28 2013 0:56:23
 
gj Michelob

Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco

RE: Tabbing rules?? (in reply to estebanana

I am pleased to hear the Cello has returned to where it was originally made .. Asia!! However, as you know, many parts had been replaced by a fine New York based -Russian- luthier whose friendship and tutorials on Strads and Montagnanas varnish I hold dear. Do not feel pressured to post a recording of the suites, Stephen, I know that Cello is your own divertimento, diverting that is, from the daily marriage to six nylon strings.

It is incredible how easily we can change our lives by moving from one to another continent. There are only a few firm points of reference in one's life, those that made us feel we are "faraway from something" or that we have "returned home". As diametrically different we all are here, we all share at least one such point of reference, our guitar.

Hasta luego....

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gj Michelob
  REPORT THIS POST AS INAPPROPRIATE |  Date May 28 2013 1:11:40
 
Ricardo

Posts: 14801
Joined: Dec. 14 2004
From: Washington DC

RE: Tabbing rules?? (in reply to gj Michelob

quote:

Allow me an example. If on a different Foro someone published an unauthorized transcription of Ricardo's work and he [whom I adore] were upset and asked me to protect his rights, I probably would start a lawsuit and throw salt over the unlawful material !!!


Allow? It has infact occured. Dr. Whitehead was "caught" red handed playing my tanguillo "mi copita de jerez". He performed his own transcription, never purchased my version for sale through my site, never the less, a clear violation as I never gave him expressed permission or signed any mechanical liscense agreements. To make it worse, he apparently entered his recorded version (and perhaps his own score) of my work to a competition over seen by Manolo Sanlucar, in the end winning a healthy beca (grant) and opportunities galore to study abroad. Certain source upset or felt the entire thing ridiculous informed that there a good chance that Manolo might have been lead to believe that Dr. Whitehead was in fact the composer, and that the competition was to show case compositional talent, not necessarily playing ability. The Dr. assured me (and oddly as I had not sent any accusation) that he made it quite clear that the work was composed by myself. On the train from Jerez to sevilla I saw an add for cordoba course and saw dr whitehead performing on stage with Manolo and other students, a dream come true for some, and would be a frustrating extra thorn in my side if this were all to turn in to a legal issue of infringment.

But here is REALITY. The guy did this on his own, yet he is my student. Even if I didn't not show him how to play THIS piece, it is an honor to me as a FLAMENCO artist that people would want to play ANY of my falsetas. Even he does not have to SAY so loudly from the stage that it is MINE, it's ok. That is way flamenco has always been transmitted. His own students certainly know that the music is not his, and it only matters in the end if they actually care about that. For flamenco music to have continued through so many periods it would need to go through many different interpretors and new creative directions. And lastly, and most important that Dr. Whitehead is a GREAT friend, he's my bro. He can do what EVER THE HELL he wants with my music. After thanking me for inadvertantly helping with his successes he asked he could do for ME. I told him send me some strings, and he did. I hope that the cold universe of the internet does not try to remove from Flamenco guitar, just because of convienience and legality crosspollinations, its essence of traditions being passed on from teacher to student, friends and colleagues to others, with no extra need for protections and compensations.

Ricardo

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 28 2013 17:23:30
 
Paul Magnussen

Posts: 1805
Joined: Nov. 8 2010
From: London (living in the Bay Area)

RE: Tabbing rules?? (in reply to Ricardo

Interesting story; but the morality of it (as opposed to the legality) seems to me hinge upon whether Dr Whitehead did, in fact identify it as your composition. If he did, then presumably Manolo was not deceived, and the beca was awarded properly.

Common courtesy, if nothing else, should have dictated that he do this.

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 28 2013 18:21:36
 
gj Michelob

Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco

RE: Tabbing rules?? (in reply to Ricardo

quote:

I hope that the cold universe of the internet does not try to remove from Flamenco guitar, just because of convienience and legality crosspollinations, its essence of traditions being passed on from teacher to student, friends and colleagues to others, with no extra need for protections and compensations.


I concur with your auspicious creed, Ricardo.

I abhor deliberate plagiarism of any intellectual property, be it music, literature or design... but interpretation of another's music should always be viewed as a tribute and the composer be honored.

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gj Michelob
  REPORT THIS POST AS INAPPROPRIATE |  Date May 28 2013 18:37:32
 
Arash

Posts: 4495
Joined: Aug. 9 2006
From: Iran (living in Germany)

RE: Tabbing rules?? (in reply to estebanana

haha, i remember "discovering" a video from him on youtube some years ago playing a piece from Ricardo and not mentioning anything about him at all (i think he did it later ;) and everyone was commenting how great "his" piece is , etc.. I was kinda upset and mentioned it in the foro i think, but Ricardo said something like ..who cares, he is my bro and can do whatever he wants.... or something like that ... well its his music, if he is ok with it and he is his friend and can do whatever he wants,,,, well then nobody else should care much,,,,

But if some dumbass should upload the tabs, the CD, etc. on rapidshare and Ricardo would say "who cares..thats the way flamenco has been transmitted" that would suck, since others paid for that stuff , but i guess that would be a different story and he wouldn't accept that anyway, and then ... GJ can kick the guys ass

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 28 2013 19:31:56
 
estebanana

Posts: 9351
Joined: Oct. 16 2009
 

RE: Tabbing rules?? (in reply to estebanana

Ricardo your story reminds me of a part of a story David Serva told me. He and Marote used be great friends. They hung out in the same bars in Madrid, they knew one another for forty some years. He said they used to tease each other about how they would retire. One day it ended something like this:

DS- Well you'll be out there playing at the train station when you retire!

Mar- Well that may be so, but I'll be playing your material!

____________________________________________________________



Or the other way round..I really can't remember who was who, but no matter...

Also I wondered why some gypsy does not name Dr. W, something like Doctor Cabezablanca, unless they don't want to give white guys actual flamenco names.

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  REPORT THIS POST AS INAPPROPRIATE |  Date May 29 2013 3:07:43
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