German Lawyer claims Wizball isn't music...

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CraigG
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Post by CraigG »

The fact that Galway's music wasn't necessary for the Console track to be some kind of "genius masterpiece" is totally irrelevant, surely? It might affect the end payment, but the fact remains that they stole music that didn't belong to them and used it in a track. Hell, I'm sure if I sampled a few seconds of some obscure music and welded it to the front of one of the tracks on my forthcoming album, I wouldn't a leg to stand on.
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Post by Chris Abbott »

You're right of course, Craig...

> It might affect the end payment
Aha! (as they say)

Yes, I'm looking to that as the next major argument after they've sent their first insulting offer. :) It does, of course, have no bearing on the theft.

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Post by Chris Abbott »

one of the tracks from my forthcoming album
<chatshowhost>
Tell me more about that...
</chatshowhost>

:)
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Post by Vosla »

Lawyers like that... :shoot:
All is lost.
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Post by CraigG »

Chris Abbott wrote:
one of the tracks from my forthcoming album
<chatshowhost>
Tell me more about that...
</chatshowhost>
Well... Four years after the release of "Also", I thought it was about time I recorded a new album, filled with the stuff I've been writing over the past four years or so. And now, it's nearly done! 14 tracks of skewed pop goodness and a two-track digital single will be available at http://www.projectnoise.co.uk on June 20. And then I'll be giving my poor, battered ears a rest for a while! :)
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Post by Lagerfeldt »

What a fcking patronising ill-educated twat. Of course it can be copyrighted as a piece of music.
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Post by Chris Abbott »

Lagerfeldt wrote:What a fcking patronising ill-educated twat. Of course it can be copyrighted as a piece of music.
You're not kidding. Here's the latest:

"so far we have not been aware that you hold any rights to a sound recording of wizball (bonus level). again: please provide us with proof and chain of title."

OK, so we contacted them about unauthorised sample usage, and they hadn't even realised (even after listening to the soundclip from Project Galway) that we were also alleging illegal sampling.

* sigh *

Idiot. Well, if it goes to court, I hope I can count on all you experts to turn up and give some expert testimony ;-)

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Post by CraigG »

The thing is, Chris, if you were actually acting on behalf of Martin Galway, and had created CDs with his work on, it would really help your case.

Oh, wait.
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Post by Chris Abbott »

CraigG wrote:The thing is, Chris, if you were actually acting on behalf of Martin Galway, and had created CDs with his work on, it would really help your case.

Oh, wait.
If only....

Oh, wait... :)
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Lawyer or complete twat?

Post by maxhall »

Must say i had to write to this forum regardin the comments of the so called lawyer..

There is so much to write about but ill not bore ya as you will all realise this guy is a complete twonk. except . . .

Quote :
"Wizball (bonus level)" is a seqence of atonal sounds which cannot be reproduced with any musical instrument.

errmm, what the fuck is a sid chip? is it a electronic synth or electronic MUSICAL INSTRUMENT!!

I really hope this guy gets his just deserts as he is quite clearly misguided and i think the fact hes a qualified (dunno how) lawyer has seriously disoloutioned the nob head.

Im sure a good musical laywer will send this guy packing in no time he has literally rewrote the whole of the copyright law to suit him..Hope you get the plonker Chris.

All the best.

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Post by Chris Abbott »

> you will all realise this guy is a complete twonk.
Oh, I'm well aware of that. :)

He was trying, in his own way, to suggest that that tune was actually mathematically generated, and thus not entitled to be classified as a song. Of course, he's wrong, and a quick polyphonic ringtone and sheet music put him right.

However, much of his earlier arguments seem to be based upon the mistaken impression that his client actually duplicated that bit rather than just pinched a sample: it makes a tad more sense if you look at it in that light: he's still a massively wrong arrogant twat, but you can kind of see where he's coming from.

At the moment I seem to be doing an OK job fighting him on this, since I know more about the music technically than any copyright lawyer would, and this is becoming primarily a technical argument.

I expect the next thing he'll argue is that there was never a phonographic performance of the piece so it was impossible to sample it, or something like that. But I know which arguments I'll use to destroy that, and it's at this point that "Project Galway" comes into its own.

He is infuriatingly ill-informed and self-serving isn't he?

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yep.

Post by maxhall »

Yes chris he is a bit misguided thats for sure, sounds like its a case of "we will use that bit no one will know" then when he gets caught hes lying like a little schoolboy who know hes in the wrong but embarresed about it, and not got the balls to admit hes wrong (but that does make a good lawyer hehe )

I know from first hand experience you cannot sample or indeed recreate a musical piece (however small or insignificant) without clearance, as i know this person will realise in the nr future.

I wish u all the luck in the world, and i hope he gets a red hot poker up his arse!

All the best.
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Post by LMan »

Well, if only it could be proven that the Wizball intro is in fact the key to recognition of the 14 zero zero tune. The rest of it is just mediocre electro stuff.
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Post by Chris Abbott »

LMan / Remix64 wrote:Well, if only it could be proven that the Wizball intro is in fact the key to recognition of the 14 zero zero tune. The rest of it is just mediocre electro stuff.
Well, it's always going to be a matter of self-serving opinion, but eliciting expert views from the chaps here would be a start. I'll let you know if I need them. Quotes from independent people in the recording industry would go a long way to making their case look petty and stupid.

Chris
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Post by LMan »

I think it would be difficult to sell our opinions as independent, when we're hanging out at this retro forum all the time... :lol:
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