Amen: the world's most famous sample and the rise of the musical copyright
youtube.com
youtube.com
The above list is far from complete, obviously. If I had to put my money on it, id say the most sampled drum break is "Impeach The President" http://www.youtube.com/watch?v=wqbEsS5kFb8
On a related note, I'm always amused by Youtube video descriptions breathlessly claiming "NO COPY RIGHT INFRINGEMENT INTENEDED".
Reggaeton also has a similar situation, where everyone uses the exact same beat for the rhythm. It's called the "Dem Bow" beat.
A lot of hip hop originally used the funky drummer beat as well, but it has ceased to define the genre a very long time ago.
Most genres, period, in fact.
Loxy & Resound: http://www.youtube.com/watch?v=w0mcxqhJ2j8
Consequence ft. ASC: http://www.youtube.com/watch?v=ErwdSS--cgo
[1] http://techno.org/electronic-music-guide/ (warning: autoplaying sound)
A lot of snide attitude done in character.
Pendulum - http://www.youtube.com/user/pendulumlive#p/u/9/X6BKBIOtRXw
Sub Focus - http://www.youtube.com/user/subfocustv#p/a/u/1/MYO_0Xfh58k
The Qemists - http://www.theqemists.com/youtube/video/OTGJW0-QPuw/
Looking at some of my vinyl from over 10 years ago, you can compare Jonny L http://www.youtube.com/watch?v=3qo1aoR96oI with Goldie http://www.youtube.com/watch?v=x8u7MNG-ug8 or PFM feat Conrad (from '94) http://www.youtube.com/watch?v=gxcMPPoZI7s, or Roni Size / Reprazent http://www.youtube.com/watch?v=cwI0gbGEyuI.
It is a shame that the true pioneers of the break were only briefly mentioned. They would be Equinox, Bizzy B, Breakage, Fracture and Neptune, Chris Inperspective et al.
Around 2006 there was a boom in what has become the "choppage" subgenre of drum and bass, revolving around the Scientific Wax, Inperspective, Bassbin and Mu record labels and the Technicality and Bassbin nights run at Herbal in London. It is a shame the R1 programme did not focus on any of this at all as alot of what came out of that pushed the break to it's listenable limits (Breakcore just baffles and confuses me).
If you want a regular dose of Amen, catch Equinox and the Scientific Wax show playing on jungletrain.com every other Sunday. He will draw some of the ruffest badman tunes you'll ever hear. He is one of the worlds most highly regarded connoisseurs of the Amen. http://www.youtube.com/watch?v=IRTeToyyYwQ&feature=relat...
it would be better if the drum lines from different songs were showed as notes, or i can't believe that they are derived.
i think it's a stretch to make a beautiful statement, that somebody invented some loop in 60-s. i even thought the author wants to tell that if i wrote a little break bit myself, i used that amen sample (just rearranged and manipulated in any number ways). but i didn't i swear. never heard of this before today.
But what's "creative enough"? Ah, there's the rub.
The real story here is how copyright owners are able to abuse a quirk of the law in order to strong-arm musicians into paying licensing fees, even when everybody knows full well there's probably no legal obligation to pay them. "Sample trolls" exist precisely because fair use is only a defense to litigation, which means it can only be invoked in the course of a lawsuit. So there's no sure way to know whether you need to license your use of a sample until you get sued, you claim fair use, and a judge tells you whether you should have (past tense) bought a license or not. It's much cheaper, of course, just to pay for a license up front and be done with it.
Unfortunately, its hard to imagine a way to resolve this conundrum if copyright holders are still to be granted monopolies over derivative works [2]. Consider the canonical law-school example of a derivative work, Marcel Duchamp's goteed Mona Lisa (LHOOQ) [3]. If Leonardo had been around to defend his copyright, would Marcel have been able successfully to invoke the fair-use defense? It all depends on how creative the judge thinks it is to give old Lisa a mustache. Reasonable judges may disagree.
And then consider Andy Warhol's colorful posterized Mona Lisa silkscreens, or Kazimir Malevich's collage-cum-painting Composition with Mona Lisa, which incorporates a small copy of Leonardo's painting. Even if you thought Marcel's work was a blatant rip-off, you might think Andy's or Kazimir's is fair use. (Then there's Salvador Dali's Self Portrait as Mona Lisa.) Point is, it's impossible to draw a bright line on fair use, even for a particular work.
But that's not to say there's no bright line anywhere. When it comes to recorded music, one such line is whether a work actually incorporates a copy of the recording. If it's not a sample, but a new recording that happens to sound the same, there's no issue. (A ruling that duplicating any portion of a musical composition constitutes infringement is nigh unimaginable.) So just go record your own version of the beat you want to use and there's no issue.
1: See http://en.wikipedia.org/wiki/Bridgeport_Music,_Inc._v._Dimen... ; a good write-up on the case is at http://www.ivanhoffman.com/fairusemusic.html .
2: And maybe they shouldn't be. But then the debate would probably turn back to what constitutes a derivative work.
3: This and other riffs on the Mona Lisa are shown at http://www.aiwaz.net/gallery/mona-lisa-as-modern-lisa/gc234 .
By the way, for those of you who doubt the ubiquity and permutivity of the Amen Break in today's hip-hop, here are a few tracks I picked out in a quick once-over of two albums by The Roots. From almost-a-sample to you-gotta-be-paying-attention, these all use the Amen Break:
- "Rolling with Heat" (slowed down, but otherwise almost unchanged)
- "Thought @ Work" (syncopated by dropping a beat)
- "Duck Down!" (very slow, syncopated)
- "I Don't Care" (syncopated)
- "Web" (very syncopated)
- "Boom!" (very syncopated)
If you can hear the signature "bum bum BAH, buh-DUM buh-DUM" in those last few, you can see why people call it the most ubiquitous break. It truly is all over the place, albeit often in heavily manipulated form.
Can anybody tell me where the harm in underprotecting "intellectual property" comes from? This is an honest question. I don't understand it. Maybe it's because I'm too young and don't depend on "intellectual property" protection yet. I don't understand where this idea comes from that ideas can be owned by anyone.
What if the limit of copying would become what's copyable and not what is allowed to be copied? Wouldn't that accellerate innovation? Isn't innovation more valuable to a society than anything else? Why do we put a tax on it?
Let's say you're a musician in your free time and you wrote a pretty catchy song that you post to your web-site. A coke marketing guy hears it and thinks it would make a great song for an advert. They use the song and it's tremendously successful, people love it and coke has made millions because of it. People refer to it as "that coke song" (your name is in the fine print since in our imaginary world there is still some vague regulation on attribution, in a world with no ip laws at all Coke could claim authorship). In the end, despite it being your work, you receive neither money nor fame from it.
Anyone who has done any sort of creative work knows that larger corporations aren't typically the best at producing it, a world without ip laws would ultimately mean that this issue could simply be overcome through easy exploitation.
I guess the same thing is taken to apply to innovation as well, that Apple is encouraged to invent a cool new operating system for their mobile phone because they control it exclusively once they've done that. The argument would run that if anyone could then just copy it, Apple wouldn't gain relative to their competitors by creating it so wouldn't have spent the money in the first place, and hence less innovation.
I'm not necessarily arguing for this point of view - goodness knows I think that it's too far-reaching and over-enforced at the moment. That's just a description of some of the usual arguments in favour of it.
On the other hand, if copyrights / patents lasted forever, the beneficial effects of competition might never kick in, and in the long run consumers would be the worse off for it.
So I see copyright / patents as a practical rather than a theoretical issue: what's the optimum term for the protection? What length of time will result in the greatest benefit for us all in the long run? Should it vary by type of creation maybe -- shorter terms for less capital-intensive creations, longer terms for others? It really is an optimization problem. The authors of the U.S. Constitution seemed cognizant of the tradeoffs and that they might need tweaking [2].
There was a fascinating story about a manufacturer of bra-rings in a National Geographic article about Chinese "Commodity Towns" a while ago [1]. I'm not sure what Chinese IP law is like, and what recourse if any the original inventor had, but it illustrates the problems quite well.
[1] page 2 and 3 of 8, http://ngm.nationalgeographic.com/ngm/0706/feature4/text2.ht...
[2] "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" http://en.wikisource.org/wiki/Constitution_of_the_United_Sta...
If I could just as easily rip of and profit from other's work? Sure.
It turns out people either do a crappy job at copying you, in which case your are fine, or they do a much better job than you did, which means you just have to work harder.
Worked for Edison.
On a more serious note, if everyone is copying from everyone else, we're all on a level in that respect and the only differentiating factor becomes, again, some kind of individual talent. It might be an Edison-like talent for copying, a more Negativland-like talent for copying and remixing to make something new, or a Brian Wilson-like talent for creating something that's about as novel as anything can be.
Let's say you spend a year writing some program, and let me freely copy it, I spend a year on the farm, show you my potatoes and apples, and tell you you are free to copy them, too, as long as you leave my copies alone. Would you consider that a fair deal?
The first example is China[1]. Chinese consumers have been raised in an environment where everything can and will be pirated over and over. "Chinese consumers 'won’t pay a penny' for recorded music," claims the article. Yet, artists are still producing a steady stream of music. The article is, sadly, short on details about how musicians and music distributors actually make money. Perhaps it's via advertisement? In another article that I can't for the life of me find, it seems that the only Chinese musicians that make any money at all have massive star power and can command high ticket prices. So, the Chinese music market has turned in to a publicity machine to sell celebrity and the resulting high ticket prices.
The second example is "Nollywood", or the massive Nigerian film industry[2]. In this case, the film studios have about a week before pirates manage to distribute new films. The only way they can make nmoney is to produce, well, a new film each week. I posit that the films would be of higher quality if there was less piracy.
So, I think it's fair to say that there can be such a thing as too little IP protection.
Intellectual property is not about owning ideas. Consider that if you read a book and take in it's ideas, you have not violated copyright, because it applies to the text of the book, not the ideas. On the other hand, if you just take the text and print your own books, you have violated copyright even if you never read the book at all and have no inkling of the ideas expressed. Again: it's not about owning ideas.
"Intellectual property" is more than just copyright.
From what I underestand, the ideas themselves aren't patentable under this definition but the process or the invention that implements the idea is. (The idea of rolling on something isn't patentable but the shape of the wheel that makes that idea work would) In that sense software patents bend the rules.
I will speculate that, without any protection, there will be significantly less investment in intellectual property, and any projects will be smaller. People have to eat, if you make a business of content creation you get to spend more time doing it than if it's just people working in their spare time.
Either that, or rely on rich patrons to fund the arts. But you would never have Hollywood with just their help. This is both a bad and a good thing, for reasons easily imagined.
I disagree with your framing and conclusion. People work with ideas for the purpose of solving problems or satisfying interest that they have, not just directly commercialising the results. I write software in order that my business can operate in its environment. Mendelssohn was inspired to write the Scottish symphony. Free software authors have a commercial interest for their work because it increases their chances of getting good work, and the same applies for music teachers who compose and record, and literature professors who write, and scientists who publish.
Creating an ecoosystem that is oriented around direct commercialisation through the mechanism of IP cannibalises the innovation of people who solve problems and satisfying interest because of the extra weight of restrictions it places upon them. Many of the tunes in Handel's _Israel in Egypt_ were directly ripped from other work he had access to. That oratorio could not have been created in the current IP atmosphere.
Further, ideas benefit from network effects in a liberal idea space. Copyright hampers the exchange.
You equate IP with being all protection - this is misleading. IP is just one form of protection, one that is government backed. Consider Steam - a mechanism that furthers commercialisation of ideas without leveraging IP. The growth of models where businesses take responsibility for their own commercial model is stunted by the government protectionism offered in the form of easy copyright. This further fuels arguments like the one you've made. We look around us and see copyright everywhere tied up in ideas, and fail to appreciate the opportunity cost of the situation.
Without copyright you wouldn't have Hollywood, but you would have something else.
(Epic downmod in 3.. 2.. )
Moreover, music is an essential component of culture, which means comprehension of music, or at least its recombinant nature, may improve your chances of creating a consumer product people love.
edit: And come on, you've been around long enough to have read the FAQ:
"On-Topic: Anything that good hackers would find interesting. That includes more than hacking and startups. If you had to reduce it to a sentence, the answer might be: anything that gratifies one's intellectual curiosity."
(my emphasis)
This passes by any measure. Being well-rounded is a good idea. I love seeing content like this way more than the insipid, obvious, naval-gazing, circlejerking blog nonsense that often passes for worthwhile reading just because the author mentions "funding" or "startups" or anything else in vogue n times before the post finishes.