This week I have been experimenting with textiles in terms of embroidery. I thought about using images that relate to my grandmother such as places where she has lived, where she was married, old photographs etc, and I did two experiments with these images. The first experiment I compiled an arrangement of different images and compiled them together through an embroidered piece:
The second experiment I focused on the main image of a photograph I had retrieved of my grandmother and grandfather when they were young:
I feel for an experiment this was successful, expecially when considering that I hand stitched these two experiments rather than hand embroider them in order to capture a different texture to the pieces, creating a more personal touch which I feel is more noticable. I feel I could use this experiment as part of an installation for my video in some ways if I tidied up any loose threads in the back of the fabric and made sure the fabric I was sewing on was clear enough to project a video through.
I also have compiled the 'narration' part of video for my final piece. When looking through the found footage of my grandmother holding me as a baby, there was one of her music tracks playing in the background. I decided after discussion with my tutor to make my narration the length of the said track and compile different sounds, recordings etc within this time limit, including the featured track, which help get my video down to a good time length so that it wasn't running for too long. I feel the sound I have gathered works well with the clips I have used for this bricolage. For future reference I will have to look up more on the issues behind copyright and what I can and cannot use within my sound. But for this hand in I was advised it would be okay to use by my tutor, and would also be okay as long as it was not a large public event or a competition I exhibited this piece at.
Below is the research I have gathered about the issue of copyright with my sound:
If you use samples in your commercially released music, you should get legal permission. The process of getting permission from the owners of the sampled music is referred to as "sample clearance." Failure to get the proper permission could lead to serious consequences: lawsuits or the inability to distribute your music to the public.
When Sample Clearance Is Required
In general, sample clearance is required only if you plan to make copies of your music and distribute the copies to the public.
Sample clearance is generally not required if:
- You are just using the sampled music at home.
- You are using the sample in live shows. This is because, usually, you are not making copies and the owner of the venue pays the blanket license fees to performing rights organizations such as Broadcast Music Incorporated (BMI) or American Society of Composers, Authors, and Publishers (ASCAP).
- You plan to distribute copies to the public but meet one of the following: (1) an average listener would not notice the similarities between your end product and the sample, or (2) your use of the sample falls under the "fair use" doctrine. For more information on these, see "Defending a Lack of Sample Clearance," below.
Operating Without Sample Clearance
Many artists releasing their own recordings can't obtain clearances -- either because they can't get the music publisher to respond to their phone calls or because they can't afford the fees.
What is the risk? Using a sample without clearance is always risky. However, as a practical matter, if you only sell recordings at shows and don't make more than one thousand copies, your risk is reduced. The owner of the source recording will be unlikely to learn of your samples. However, if your recording becomes popular at clubs or on the radio, or if a major label wants to pick it up, you'll have to deal with sample clearance.
Reducing the risks. If you use an uncleared sample, you can lower your risks by:
- making it unrecognizable
- not using the sample as the groove or hook
- burying it in the mix, and
- not using the title of the source music in the title of your song.
Defending a Lack of Sample Clearance
If you decide to use samples without clearance, you might be in the clear in certain situations. Under the copyright law, you don't have to obtain sample clearance if:
Your Sample Use is Not Infringing
If you alter a sample so that an average listener cannot hear any substantial similarities between your work and the sample, there's no violation of the law.
Your Use is a Fair Use
What is fair use? Fair use is the right to copy a portion of a copyrighted work without permission because your use is for a limited purpose, such as for educational use in a classroom or to comment upon, criticize, or parody the work being sampled.
Factors in determining fair use. Generally, when reviewing fair use questions, courts look for three things:
- You did not take a substantial amount of the original work.
- You transformed the material in some way.
- You did not cause significant financial harm to the copyright owner.
Don't believe the widespread myth that "less than two seconds is fair use." It's not true. Also, some courts apply this fair use rule only to the musical composition copyright, not the sound recording copyright. For example, one judge ruled that any musical sampling violated the sound recording copyright.
You can use the above arguments in order to defend yourself against a lawsuit for sampling without permission. The problem: You won't know for sure which way the judge will rule. And, most likely you'll have to hire an attorney to represent you in court
When Possible, Seek Permission
You'll be on safer legal ground if you seek permission, especially if you have a record contract that puts the burden of sample clearance on your shoulders. Such contracts usually contain an indemnity clause -- which means that if you and the record company are sued, you must pay the record company's legal costs. Ouch!
Note that when you sample music from a pop recording, you need two clearances:
- one from the copyright owner of the song, who is usually a music publisher, and
- one from the copyright owner of the master tapes, which is usually a record company.
To learn how to get the proper sample clearance, see How to Obtain Sample Clearance.
(http://www.nolo.com/legal-encyclopedia/permission-sampled-music-sample-clearance-30165.html)
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