JOHN OSWALD DEAD OR ALIVE (2)

FREE SAMPLES

These new-fangled, much-talked-about digital sound sampling devices, are, we are told, music mimics par excellence, able to render the whole orchestral panoply, plus all that grunts, or squeaks. The noun "sample" is, in our comodified culture, often pre-fixed by the adjective free, and if one is to consider predicating this subject, perhaps some thinking aloud on what is not allowable auditory appropriation is to be heard.

Some of you, current and potential samplerists, are perhaps curious about the extent to which you can legally borrow from the ingredients of other people's sonic manifestations. Is a musical property properly private, and if so, when and how does one trespass upon it? Like myself, you may covet something similar to a particular chord played and recorded singularly well by the strings of the estimable Eastman Rochester Orchestra on a long-deleted Mercury Living Presence LP of Charles Ives' Symphony #3 ¹, itself rampant in unauthorized procurements. Or imagine how invigorating a few retrograde Pygmy (no slur on primitivism intended) chants would sound in the quasi-funk section of your emulator concerto. Or perhaps you would simply like to transfer an octave of hiccups from the stock sound library disk of a Mirage to the spring-loaded tape catapults of your Melotron ².

Can the sounding materials that inspire composition be sometimes considered compositions themselves? Is the piano the musical creation of Bartolommeo Cristofori (1655-1731) or merely the vehicle engineered by him for Ludwig Van and others to manoeuver through their musical territory? Some memorable compositions were created specifically for the digital recorder of that era, the music box. Are the preset sounds in today's sequencers and synthesizers free samples, or the musical property of the manufacturer?³ Is a timbre any less definably possessable than a melody? A composer who claims divine inspiration is perhaps exempt from responsibility to this inventory of the layers of authorship. But what about the unblessed rest of us?

Let's see what the powers that be have to say. 'Author' is copyrightspeak for any creative progenitor, no matter if they program software or compose hardcore. To wit: "An author is entitled to claim authorship and to preserve the integrity of the work by restraining any distortion, mutilation or other modification that is prejudicial to the author's honor or reputation." That's called the 'right of integrity' and it's from the Canada Copyright Act⁴. A recently published report on the proposed revision of the Act uses the metaphor of land owners' rights, where unauthorized use is synonymous with trespassing. The territory is limited. Only recently have sound recordings been considered a part of this real estate.

Toronto, verano del 85