Sound Files et al

[Adrian A. Durlester <durleste...>]

I just posted the following message to the Olam Katan mailing list. I
thought those who subscribe to this list might also want to read it (and
perhaps comment?)

Adrian A. Durlester

[start of posted text]

While I applaud the inclusion of a sound file on Olam Katan (and our
moderator's decision to seek appropriate permissions,) I have to raise this
flag of caution as one who makes a living in performing arts managing  and
as a professional musician.

It appears the internet has become a license to plagiarize and violate
copyright. It can also be a highway for ditribution of misinformation, and
for perpetuating errors in interpretation. This is judaically and
modernically unacceptable.

The internet is redefining our society and our values. We must be careful
that, in the process, it does not cut off the lifeblood of those who earn
their way through life as artists. It is the obligation of those of us in
the artistic community to adapt to and work with these societal paradigm
shifts. But surely you cannot fault us for desiring to not be
paradigm-shifted into poverty or out of existence?

See a web page you like. Copy the html code, right? Maybe not. If the author
of the page makes it clear that you are welcome to do so, go ahead. But I
disagree with those who say that posting anything on the web or net tacitly
implies a willingness to share it publicly in a manner that strips you of
your copyright in the material.

Sound files of (even portions of) commercial material that are explicitly
copyright are not fair game for anyone to post or publish, or make available
at an ftp site without approval. All those hundreds of thousands of movie
and tv sound bites that are all over the net are pretty questionable.

But what about those "homemade" files? Someone's interpretation of a work in
the public domain is one thing (say, a sound file of an ancient traditional
Jewish melody) but what if I play my own version of Debbie Friedman's "Mi
Shebeirach" in a midi file and post it? I certainly wouldn't post it without
asking the composer first. I, for one, never allow myself to fall prey to
the "oh, sure, they wouldn't object to that" assumption syndrome that
pervades American religious life (and, for that matter, amateur performing
arts everywhere.)

And, what if my "interpretation" perpetuates an "incorrect" melody or lyric?
Here, I am defining interpretation not as a stylistic freedom, but as a
misplaying or mishearing of music that often occurs when not working from a
published manuscript. Composers and lyricists can, and should be sensitive
to their works becoming "corrupted" through innocent mistakes in passing the
knowledge on from person to person. Yes, once an artist releases a work to
the public, it really is, for all intents and purposes, no longer theirs to
control (other than exercising copyright.) Still we would hopefully feel an
obligation to the artist to be somewhat true to their original vision. I do
cringe every time I hear the works of people like Hirsch and Pik, Klepper &
Freidman, that have come in to common usage at Reform services, which have
melody lines clearly deviated from the composer's original. (Usually,
because it's easier to sing that way, which, I suppose, has some validity
for music intended for congregational singing. But to me that somewhat
dishonors the artist's work. I do try to help my congregation unlearn these
mistakes whenever I can.)

"An artist should feel honored when their music becomes widely used" you
might say. I agree. But consider this example: reprints of the Mona Lisa
with different colors or textures, different eyes or nose. Yes, Da Vinci was
working in a  fixed medium. A composer does too, but the performance of
their printed score clearly interacts with the skills and interpretation of
the performer. How far, however, does this license extend? Now, add the
additional factor that the composer or artist in question is alive.
Something to think about.

I guess that the solution, for me, is that an interpretation should be
identified as such. A sound file description might read "This is my
interpretation of Doug Cotler's "Standing on the Shoulders," created with
the composer's approval, uploaded here for free use. I take some liberty
with the melody and lyrics." (I use this particular example, I suppose,
because Doug Cotler released an album of his interpretations of works by
Debbie Friedman, Robbie Solomon, Craig Taubman, et al. Properly and fairly
done, of course. It somehow seemed fitting to turn the tables.) When using a
composer's work in a pedagogical setting (even at a service,) try and be
true to the composer. If you're not sure about a song, don't try and teach
it until you are. When you perform, interpret as you heart tells you to. I
wouldn't presume to offer instruction in that area, except to ask that you
at least know the work in it's original form before take a liberty with it.

Does this make me some kind of "purist." Some might say so. I'd rather say
that I am "respectful." Besides, I remind myself, I am the very same person
who writes prolifically on these lists that we should accept and embrace
"new American nusach," that "traditional" is a relevant term, that, for all
we know, the tune originally sung at the shores of the Reed Sea might be
"Bad, Bad, Leroy Brown." I am the same person who, although feeling we need
to show respect for "certified" rabbis and cantors, very much has a lay
leader's perspective that there are many "uncertified" who deserve equal
(and often greater) respect. I equally enjoy a D'Oly Carte or a Joseph Papp
production of "Pirates of Penzance."

So I recognize that my defense of my territory as an artist & musician may
be seen as somewhat hypocritical-no different than the rationales used by
the "certified" in their own defense. To me, permission to be inconsistent
is part of life. Both rabbinic and Torah Judaism are certainly full of examples.

Adrian A. Durlester
Adrian A. Durlester durleste (at) plains(dot)nodak(dot)edu
Production Manager, Festival Concert Hall - North Dakota State University, Fargo
Director of Music & Religious Education, Temple Beth El (UAHC,) Fargo, ND
Work: (701) 231-98564  Cel-Phone: (701) 799-7870
Alternate E-mail:  72507(dot)471 (at) compuserve(dot)com   AdrianD (at) 
aol(dot)com