[atlantaprog] Re: Z-Axis last Sunday (10/31)

wow, guess you have checked into it. :)  I will look forward to hearing this 
though, since it has caused all this "thinking":)

PEACE
Beth

> 
> Good questions. I have talked to several lawyers about it! In the 80's 
> I used to tape all sorts of things off of the radio while I was at work 
> to use in various sound-art projects. When I discovered this bit and 
> realized I wanted to use it as a "found vocal" ala Byrne/Eno,  I made a 
> concerted effort to find out who she was. I wasn't able too. I don't 
> even know which AM radio station she was on. Copyright law is a bit 
> vague on this sort of thing - if she was reading from a script, or if 
> her "sermon" was being played from a tape, then there is indeed a 
> copyright in place for this bit, but if she was just conversing over 
> the radio, there is NOT a copyright (copyright law deals with material 
> that is "fixed" into a permanent form - written, taped, etc.). 
> Incidentally, "copyright" doesn't specifically mean "registered with 
> the copyright office". Copyright is a automatic whenever you "fix" 
> something to a distributable media. If you wrote a poem and made 
> xeroxes for your friends, there is a "copyright" on that poem.
> 
> Assuming it is copyrighted, I would be expected to obtain permission 
> and pay a royalty for commercial use of the recording, but since I have 
> no way of determining whether such a copyright exists (and I have made 
> a "good faith" effort), there is no way for me to do that. The 
> consensus amongst everyone I have talked to is that, yes, there is a 
> risk by using her voice like this... but the risk in negligible. The 
> woman said these things back in the early 80s in a different city. The 
> chances that she, or someone who knows her, would ever even hear this 
> song are infinitesimally slim. How many evangelical female ministers do 
> YOU know who are also prog fans??? The only way she might ever hear the 
> tune is if it was to somehow garner some mainstream attention, in which 
> case I would be glad to pay a royalty.
> 
> There's also the fact that her words are used in a straight-forward, 
> unaltered way. We are not mocking, or satirizing her. We simply provide 
> an underscore for her words and a wider distribution of her message. 
> It's likely she would have no problem with our use of her words anyway.
> 
> We've talked about these issues in depth as a band and decided the 
> artistic integrity of the composition is worth the slight risk.
> 
> So... there you have it!
> 
> 
> On Nov 4, 2004, at 8:54 AM, <princesssalmacis@xxxxxxxxxxxxx> wrote:
> 
> > Hey Allen,
> >
> > I'm curious about this, how do you use a recording like that? Do you 
> > have to find the person and get permission? Sounds interesting.
> >
> > PEACE
> > Beth
> >
> >
> >
> >
> >> The last song was Out of Hand, from our upcoming CD. The woman is an 
> >> AM
> >> radio preacher I recorded in the 80s talking all about lust and
> >> temptation... pretty rich stuff. Wait 'til you hear her on a studio
> >> recording where you can really listen to her story!
> >> AWG
> >
> >
> > "Challenges are what makes this life interesting. Overcoming them is 
> > what makes life meaningful."~Unknown
> >
> >
> 
> 
> 

"Challenges are what makes this life interesting. Overcoming them is what makes 
life meaningful."~Unknown

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