Room 3043
1:00 PM Saturday, March 30
See a video stream of the conference: (Panel I | Panel II)
Funded by grants from the Ford Foundation and the Center for the Public Domain and with additional support from Information Science + Information Studies, Graduate Program in Literature, the Film and Video Program, and the Duke Law School Intellectual Property and Cyberlaw Society
Conference Overview
Recording devices, and digital technologies in particular, turn prior recorded sound into the raw material for new work. Samplers have replaced electric guitars as tools of the trade for many musicians; remixes and sonic collage are musical staples from the Top 40 to obscure electronica and hip-hop.
But the law has not looked kindly upon unauthorized sampling. In the first sampling-based copyright infringement case, the court’s opinion began with scripture – “Thou shalt not steal” – and ended with a referral for criminal prosecution.
Is recorded sound simply private property, and is its re-use simply theft? Or is recorded sound the raw material of creative expression, a resource without which artists’ voices would be stifled? Sampling raises copyright law’s characteristic tensions: the sound recording is both private property, enabling an author or musician to get paid for her work, and an element of communication and culture. But the fair use doctrine, statutory compulsory licensing, and the First Amendment, which may permit unauthorized creative re-use of copyrighted materials in other cases, have never been brought to bear on sampling. The only clearly legal sample is an authorized sample.
The Music and Theft conference will bring together artists and experts on the technological foundations and the artistic and cultural implications of sampling, along with experts on copyright law and licensing arrangements, to discuss ways in which the law does and should affect sample-based music.
Schedule
First Panel: The Technology
Room 3043
Musicians on this panel will demonstrate the digital manipulation of preexisting recordings and MIDI files and discuss the impact of digital technology on music production and music theory. An experienced music attorney will discuss the legal consequences of the particular practices demonstrated by the musicians, as well as the law’s overall responses to digital music.
Confirmed Panelists: Anthony Kelley, Scott Lindroth, Tim Mandelbaum
Second Panel: The Culture
Room 3043
This panel will explore the expressive and cultural significance of sampling. Panelists from diverse academic and practical backgrounds will bring to bear the perspectives of cultural theory, music history, music production, legal theory, and legal practice.
Confirmed Panelists: Dick Hebdige, Daphne Keller, Fred Koenigsberg. Paul Miller aka DJ Spooky, David Sanjek
Reception
Burdman Lounge
Affiliated Event
DJ Spooky at the Cat’s Cradle
03.20.2002 | Carrboro, NC | 8PM.
Participants
Title
- Director of Interdisciplinary Humanities Center and Professor at the University of California, Santa Barbara.
- Former Dean, School of Critical Studies and former Director of MFA Writing Program at the California Institute of Arts.
Practical Experience and Bio
Professor Hebdige has taught at various universities and arts colleges in Western Europe, the United States, Canada, and Australia. In addition to being the Director of Interdisciplinary Humanities Center at the University of California in Santa Barbara, Professor Hebdige also teaches in Film Studies as well as Art Studio at U.C. at Santa Barbara. Professor Hebdige is a graduate of the Centre for Contemporary Cultural Studies, Birmingham University, United Kingdom. His career in academia is complimented by his career as a writer and critic. He has written extensively on contemporary art, design and music, the media, and critical theory. His current interests include the integration of autobiography, fiction and mixed media in critical writing and pedagogy.
Work Samples
- Subculture: The Meaning of Style (Methuen, 1979)
- Cut ‘n Mix: Culture, Identity and Caribbean Music (Routledge, 1987)
- Hiding in the Light: On Images and Things (Routledge, 1988)
Title
Lecturing Fellow at Duke University School of Law
Practical Experience and Bio
Daphne Keller is a Senior Lecturing Fellow in Intellectual Property and the Public Domain at Duke Law University School of Law. She is a graduate of Brown University and of the Yale Law School, where she was Executive Editor of Yale Human Rights and Development Law Journal. Ms. Keller worked as a Research Associate and lectured at the Programme in Comparative Media Law and Policy at Wolfson College, Oxford. She has also been a Visiting Professor at Cardozo Law School, where she taught an intensive mini-class on digital intellectual property.
Work Samples
Daphne Keller is the author of “Metainformation, Technical Devices, and Self-Regulation: Parental Control in a Converged World” (with Stefaan Verhulst). She is working on an article about digital music called “Producing Information: Sampling, Semiotics, and Copyright Law.”
Title
Assistant Professor in the Music Department at Duke University
Practical Experience and Bio
Anthony Kelley joined the music faculty in the fall of 2000 after serving as Composer-in-Residence with the Richmond Symphony for three years under a grant from Meet the Composer. The Richmond Symphony premiered his piano concerto, Africamerica, with soloist Donal Fox in 1999, and in 1998, the American Composers Orchestra gave the premier performance of a commissioned work, The Breaks, under the direction of Gerard Schwartz. Mr. Kelley’s music has also been performed by the Baltimore, Detroit, Atlanta, Oakland East Bay, Marin (CA), and San Antonio symphony orchestras. His awards and honors include the Charles Ives Scholarship from the American Institute and Academy of Arts and Letters, and composition fellowships from the North Carolina Arts Council, the Virginia Commission for the Arts, and the Mid-Atlantic Arts Foundation.
Work Samples
- Africamerica
- The Breaks
Title
Partner at White & Case LLP.
Bio
In his practice, Mr. Koenigsberg concentrates in copyright law, including counseling and litigation. He negotiates and drafts license agreements, counsels on copyright matters including estates with copyright issues, and litigates infringement claims. Mr. Koenigsberg’s expertise in this field allows him to participate in legislative efforts within the United States Congress, as well as conducting administrative proceedings before the United States Copyright Office and the Copyright Arbitration Royalty Panel (successor to the Copyright Royalty Tribunal).
Currently, Mr. Koenigsberg is Counsel to the American Society of Composers, Authors and Publishers (ASCAP). He advises the Society and its Board of Directors on all matters as its chief legal officer. Additionally, Mr. Koenigsberg teaches at Columbia School of Law.
Past Practical Experience
- Past Chair of the American Bar Association Section of Intellectual Property.
- Past President of the American Intellectual Property Law Association
- Mr. Koenigsberg’s clients include Walt Disney Company; BMG Music, Inc.; Demart Pro Arte B.V. (owner of all intellectual property rights of Salvador Dalí); the Alvin Ailey Dance Company.
Title
Associate Professor in the Music Department at Duke University
Practical Experience and Bio
Scott Lindroth has been a faculty member at Duke since the fall of 1990. He earned degrees in music composition from the Eastman School of Music (BM 1980) and the Yale School of Music (DMA 1991). Mr. Lindroth’s work as a composer has centered on instrumental and vocal media, including compositions for the Chicago Symphony Orchestra, the Philadelphia Orchestra, the Netherlands Wind Ensemble, and the Ciompi Quartet. Scott Lindroth presently teaches undergraduate courses in theory and composition, as well as graduate seminars on composition-related topics. His interests include electronic music, and each year he offers courses which makes use of the music department’s computer music studio. Together with Stephen Jaffe, Mr. Lindroth presents the concert series Encounters with the Music of Our Time each year, featuring music by distinguished visiting composers in residence in performances by our faculty artists and visiting performers.
Work Samples
- Concert Series: Encounters with the Music of Our Time
- Upcoming projects include the premiere of Spin Cycle by the University of Michigan Wind Ensemble in February 2002, a new piece for the San Francisco Contemporary Music Players, and sound design for a theatrical production of Mao II, adapted by Jody McAuliffe from the novel by Don Delillo. For more information and audio samples, see http://www.duke.edu/~scott1/works.html.
Title
- Partner at Selverne, Mandelbaum, & Mintz, LLP.
Bio
- Tim Mandelbaum has been an active member of the music industry in New York since 1984. He initially worked for record companies, most significantly as the Vice President of Business Affairs at EMI Records. Since 1992, Mr. Mandelbaum’s involvement in the music business has centered on private practice. His private practice experience progressed from being an independent practioner to becoming a partner at Selverne, Mandelbaum, and Mintz, one of the most prominent firms in the country that focuses on entertainment law. Selverne, Mandelbaum, and Mintz’s entertainment practice include music, film, television, new media, and Intellectual Property. Some of the firm’s past and present clients include: The Fugees, Guns and Roses, Van Halen, Peter Tosh, Columbia Pictures, TriStar Pictures, Capitol Records, RCA Records, and various others.
- Mr. Mandelbaum majored in political science and received his B.A. degree Duke University in 1979, where he was a member of the Major Attractions Committee. He earned his J.D. degree in 1983 from the University of Denver School of Law.
Practical Work Experience
- Guest lecturer for the Practicing Law Institute on Negotiations of Advanced Recording Agreements
- Member of the Executive Committee of the Entertainment Law Initiative of National Academy of Recording Arts and Sciences (NARAS)
- Member of the Legal Committee of the Alliance of Artists and Recording Companies (AARC).
Title
Director of the Broadcast Music Incorporated (BMI) Archives since 1991
Practical Experience and Bio
Dr. David Sanjek has contributed to a number of collections on popular music, film, and cultural studies as well as being an advisor to the Blues Foundation, R&B Foundation, Rock & Roll Hall of Fame, Experience Music Project and Smithsonian. In 2002, he appeared on documentaries featured by the BBC and A&E’s “Biography”. Additionally, Dr. Sanjek will be a voice on the forthcoming NPR History of Rhythm & Blues. Dr. Sanjek received his Ph.D. in American Literature from Washington University and has taught at N.Y.U., New School for Social Research, Hunter College, and Fordham University
Work Samples
- He is the co-author with his late father, Russel Sanjek, of Pennies from Heaven: The American Popular Music Business in the 20th Century (Dacapo Press, 1996)
- He is currently completing Always on My Mind: Music, Memory, and Money (Wesleyan University Press, 2003).
Title
- Artist,writer, and musician
- DJ Spooky “that Subliminal Kid”
Practical Experience and Bio
- Paul Miller is a conceptual artist, writer, and musician working in New York City. A writer for numerous publications, Mr. Miller is Co-Publisher of the magazine “A Gathering of the Tribes”, and was the first Editor-At-Large of the cutting edge digital media magazine, “Artbyte: The Magazine of Digital Culture.” His artwork has appeared in the Whitney Biennial; Venice Biennial for Architecture (2000); Ludwig Museum, Koln; Kunsthalle, Vienna; Andy Warhol Museum and other important venues. But Mr. Miller is most well known under the moniker of his “constructed persona” as DJ Spooky “that Subliminal Kid,” a character from his upcoming novel, “Flow My Blood the Dj Said.” He has performed throughout the US, Europe, and Australia. Additionally, he has recorded and collaborated with a wide variety of pre-eminent musicians and composers such as Iannis Xenakis, Ryuichi Sakamoto, Kool Keith, Yoko Ono, and Thurston Moore. Mr. Miller has remixed records by artists ranging from Metallica to Steve Reich.
Work Samples
- His own records include Riddim Warfare (Geffen); Songs of a Dead Dreamer, The Viral Sonata, and Synthetic Fury (Asphodel); and Necropolis (Knitting Factory), and the newly released dj mix record Under the Influence (Six Degrees)
- More information and music samples can be found at http://www.djspooky.com