Showing posts with label ethics. Show all posts
Showing posts with label ethics. Show all posts

Friday, May 03, 2024

Something strange

This person is making a lot of videos composing accompaniment for drum solo videos by some well known players, “adding music”, as he says. The first few minutes explain this was done, then there's an extended drum solo by Simon Phillips, with his added accompaniment:


That's highly strange and ethically suspect on a number of levels: 

1. The solo was music in the first place, calling it a drum solo “with music” puts me in a bad mood about it from the get go. 

2. Did he get permission to do it? From the people who own the videos, or the drummers involved? Did they consent to having their playing used this way? There's no indication of that. Why not call them up and ask permission, and then put a big thank you in the video description? 

3. Are they getting paid for it? Well... very likely they are. At least the entity that was getting paid for the original video probably is. YouTube is good about detecting copyright violations and paying the infringed party. So if you make a cat video with Coltrane's Interstellar Space on the soundtrack, or if I sample somebody's recording to make a practice loop, the rights holder there will probably get paid, you and I would not get paid.   

4. Copyright is weirdly inverted. He's mimicking something uncopyrighted (the musical content of the drum solo) to make something copyrighted. Basically the melodic content was created by the drummer, and he seized ownership of it by assigning pitches to it.

5. He's involuntarily reassigning these players' performances to be accompaniment for his music, but those drummers would not necessarily make the same choices interpreting that piece if it had been written first— as in normal playing situations. Making choices in how we play an arrangement is a major aspect of a drummer's voice, and of how you judge someone's performance. While it is clear that the drum solo came first, by creating this context around it he's putting words in the drummer's mouth: here is how you will handle this situation

7. Usually you don't steal somebody's performance in its entirety. Even making a fair use legal argument, that's not fair use. 

8. Mickey Mousing is a term from film scoring, where the music exactly mimics the action on screen, and it is considered to be very bad writing. Here the added orchestration is flashy but primitive, Mickey Mousing the drum solo exactly in unison with it— drummer hits a high note / orchestra plays a high note with him, drummer plays a low note, orchestra plays a low note. There's no interaction. It does open up a bit on the groove portions of the solo, but it's 95% simple mimicry. 

Here, here's a quick lesson in doing things other than that in creating an accompaniment, and in altering a melodic line generally. 

9. If he wants to create a derivative work that is largely a note-for-note copy of someone else's improvised performance, he can do that, but his piece should be able to stand on its own. There's nothing here anyone would want to listen to without the original drumming performance. 


My complaints in rapid fire. Maybe none of it really matters. For people trying to make it in social media, whatever gets me attention = good. I expect that's the position of the person who made the videos, and maybe even for some of the drummers involved, if they were informed of it. Music has been so devalued in the last 25 years that, for many people, its major (or only) purpose may be as a device for grabbing social media attention. 

There are artistic/critical theories supporting this kind of thing— e.g. “appropriation”, sampling in hip hop— but which do not make it legal or ethical, when done non-consensually. Other artists' performances are not your found objects. You have to clear it, there has to be consent.  

Whether or not you personally agree with any part of this, there are legal issues you have to be aware of, and answer for when engaging in this kind of work, if you're doing music professionally, or want to be doing it professionally. It's going to matter to some people, possibly to the point of making your work unpresentable publicly. 

Monday, May 23, 2011

Out-of-print LP rips: some finds

Here are some exciting drummer-led things I found while paying a visit to the thriving community of record-collecting bloggers dedicated to ripping out-of-print LPs and making them available for download. Apparently no one wants to sell you this music any more, and this is the only way you can get it, short of dedicating your life to scouring the used bins and getting really lucky. This does raise some ethical questions, which I've addressed after the break.

Download links for the albums are usually located in the comments section; Mediafire links are quick and easy, Rapidshare links are a pain.

Bob Moses - Bittersuite in the Ozone
A famous record, and extremely rare- I've never seen it in close to 30 years of trolling the used bins. Features Billy Hart, Randy Brecker, Dave Liebman, Howard Johnson, Eddie Gomez, and more.

Roy Haynes Hip Ensemble
Haynes' "jazz-rock" band from the 70's. I've only seen one other record by this group, and I own the only copy of it I've ever seen in the wild. Recorded in Rome in 1975 for the Horo label. With Don Pate, Bill Saxton, John Mosley, and Mark Fiorillo.

Jack DeJohnette - Have You Heard?
I have not, in fact, ever heard of this great, very free Milestone release. Features Bennie Maupin, Gary Peacock, Hideo Ichikawa.

Elvin Jones - The Town Hall
Smoking John Coltrane memorial concert from 1971. One of the first Elvin LPs I bought, used, in '86 or so. With Frank Foster, Chick Corea, Joe Farrell.

Buddy Rich - A Different Drummer
Burning 70's big band.