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February 20, 2004
Everything Turns Grey

February 24th is the date for coordinated civil disobedience of RIAA's inflexibility in copyright and reuse.

DJ Danger Mouse created a remix of Jay-Z's the Black Album and the Beatles White Album, and called it the Grey Album. Jay-Z's record label, Roc-A-Fella, released an a capella version of his Black Ablum specifically to encourage remixes like this one. But despite praise from music fans and major media outlets like Rolling Stone ("an ingenious hip-hop record that sounds oddly ahead of its time") and the Boston Globe (which called it the "most creatively captivating" album of the year), EMI has sent cease and desist letters demanding that stores destroy their copies of the album and websites remove them from their site. EMI claims copyright control of the Beatles 1968 White Ablum.

Danger Mouse’s album is one of the most "respectful" and undeniably positive examples of sampling; it honors both the Beatles and Jay-Z. Yet the lawyers and bureaucrats at EMI have shown zero flexibility and not a glimmer of interest in the artistic significance of this work. And without a clearly defined right to sample (e.g. compulsory licensing), the five major record labels will continue to use copyright in a reactionary and narrowly self-interested manner that limits and erodes creativity. Their actions are also self-defeating: good new music is being created that people want to buy, but the major labels are so obsessed with hoarding their copyrights that they are literally turning customers away.

This isn't about piracy, it's about creativity and artistic re-invention. We would all be much poorer if classical music's centuries old tradition of "variations on a theme" were shackled in the same manner.

Posted by Jonathan at 3:56 PM | Email this entry | Category:
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