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Who owns recordings of numbers stations?







Who owns recordings of numbers stations?

Who owns recordings of numbers stations? 06/22/2004 10:33 AM

Interesting summary of a case where an indie label sued a major for copyright infringment, and where the indie is totally and utterly in the wrong.

Irdial is a tiny label that released a CD of intercepts from "numbers stations" -- the radio stations where a neutral voice recites mysterious numbers and codes, presumed to be part of the international espionage system.

WEA is the major label for Wilco, whose album Yankee Hotel Foxtrot samples the numbers stations recordings on Irdial's album.

Irdium sued WEA for copyright infringement -- in other words, they claimed that they owned the mysterious voices that float in the ether all around us at every hour of the day and night. They claimed that they, and not the spook who recited the words Yankee Hotel Foxtrot into his mic over and over again, were somehow the creators of the mysterious broadcast. Unfortunately, WEA settled instead of countersuing Irdium into a smoking heap of slag for proffering this notion that absolutely offends reason.

Joe Graz has some analysis on his blog:

They claim, first, that their recording is unique because of the radio interference that surrounds it, and that this interference gives them a copyright in the recording. Second, they edited the recording to make it more interesting. Third, they processed the recording to make it clearer . Each of these, they say, gives them exclusive rights in their recording.

I don't know UK copyright law very well, so I don't know whether this claim has more merit there. But under American law, Irdial probably would have lost had the case gone to trial. First, simply recording a radio broadcast does not give a person rights in the recording. A recording of a preexisting transmission does not have the requisite originality for copyrightability. Second, Irdial's editing may have been sufficient "selection and arrangement" to give rise to a copyright in the whole track, preventing wholesale verbatim copying. But from the description they give, there were no edits within the "Yankee Hotel Foxtrot" sample; the sample Wilco used was an unedited slice of Irdial's source material, and thus Irdial's edits cannot have given rise to copyright in the sample. Finally, the equalization and processing. Irdial admits that the EQ was "to remove noise" – not for any creative purpose.

Link (via Copyfight)




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Who owns recordings of numbers stations?

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Numbers Stations


Numbers Stations 06/22/2004 04:01 PM

Numbers station : A post over at Boing Boing reminded me of the phenomenon of numbers stations.

Numbers stations are shortwave radio stations of uncertain origin that broadcast streams of numbers, words, or phonetic sounds. No one knows for sure where their signals originate or what purpose they serve. The voices that can be heard on these stations are often those of children, or are mechanically generated.

Numbers stations appear and disappear continuously, although some stick to regular schedules. It has been speculated that these stations operate as a simple and foolproof method for government agencies to communicate with spies "in the field", using the transmitted codes as a one-time pad cryptosystem.

The geek factor is off the charts, here. I first learned about these wonders of mystery in a great book called "Big Secrets" by Willian Poundstone. If things like this intrigue you, that book is totally worth reading.

As for the stations themselves, I'm pretty sure they're a distributed, stegano graphic cr ypto key based on the Voynich manusript by some spies hiding out in SubTropli s (with a sects in Aquapoli s and the Iron Mountain complex, of course) perfecting their anti-rocket laser cannons and spy satellites. They get around in their personal submarines, defending their bases with Metal Storm cannons from enemy spies attacking in Surface Orbiters.

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Just got back from seeing Wilco's Jeff Tweedy, Larry Lessig, and Steven Johnson talk about "Who owns culture?" at the New York Public Library. They webcast the event, so if you've never seen Lessig wield his formidable PowerPoint clicker, you may be able to catch it archived there at some point. I'm not going to try to weave this into something narrative, so here are a few random thoughts/observations:

My favorite quote of the evening, from Tweedy (I think I got this down accurately): "I'd like people to hear my music and say they don't like it rather than not be able to hear it because they can't afford it".

Tweedy: "Music is finished in the audience". He credited the audience with 50% ownership in the creation of a musical piece...the creator is not much until someone listens to the music they've created.

Lessig: Fair use doesn't apply to music or movies like it does for text. I can excerpt a book and critique it, but if I wanted to play a clip of a new Fischerspooner song on a podcast and then review the album, I'd need to secure the rights ahead of time.

Johnson: Why isn't there a company that has come along and basically done what the record companies do for artists (distribute and promote records) but do it without all the overhead and let the artists keep the rights to their material? This is probably being done on a small scale (Factory Records comes to mind), but at first blush, this seems like a fantastic business opportunity. All the economies of scale without the monopoly.

Wilco's cover of Don't Fear the Reaper. I think it goes without saying that it needs more cowb, ah screw it.

Tweedy: Wouldn't it be great if an artist like Paul McCartney decided that he had made enough money and just started giving his music away to people to enjoy because that's what music is all about for him. Quote from this Wired article: "If Metallica still needs money then there's something really, really wrong."

Tweedy: What the music and movie companies are asking of artists, to create in a vacuum, is impossible. Not being able to sample, use a piece as a jumping off point for another piece, borrow tunes from other songs, or otherwise be influenced by an artist or poet or writer, it's not possible because that's what art is.

Lessig/Tweedy: Legislating against things like remixing and sampling is racist (also mentioned briefly in this Wired article). The argument goes that genres that tend to rely heavily on sampling and remixing (like hip-hop and rap) tend to be practiced by minorities and that legislating against them is de facto racism. More generally, it's about the powerful (who, in the US, tend to be middle-aged white men) trying to keep their power by limiting the powerless (i.e., the poor and otherwise disenfranchised, who, in the US, tend to be minorities). (Apologies if this is confusing or I misrepresented Tweedy's views on this or overused the word "tends"...racism is one of those hot button issues and I don't want anyone to fly off the handle and say Tweedy or I said that all poor people are black and like rap music or some nonsense like that. Anyway, tried to be careful with it, but the above may not necessarily reflect the nuance of Tweedy's views on this issue.)

At one point, Johnson and Tweedy started talking about alternative models for music distribution and Tweedy made the point that music has been around for a lot longer than the record companies and there's lots of ways that music (and other forms of media) has traditionally been distributed, like via subscriptions and patronage. And Steven missed the perfect opportunity to say, "a friend of mine is exploring a micropatronage model for blogging...." ;)


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Who owns recordings of numbers stations?

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