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   Kit Rhett Aultman (roadriverrail@signs.codes)'s status on Sunday, 15-Dec-2024 03:18:17 JST Kit Rhett Aultman

   in reply to

   • Kat

   @KatS There was an attempt at claiming a different kind of silence on a digital recording, IIRC, as it had a different character of silence, and this failed in court.

   IIRC, it really comes down to using the name. If I made a 4:32 long silent piece called "Contemplation", would there be a credible claim that it is an excerpt of 4'33"?

   • Embed this notice
     Kat (kats@chaosfem.tw)'s status on Sunday, 15-Dec-2024 03:18:18 JST Kat

     About John Cage's infamous concept piece 4'33" and his equally infamously litigious estate:

     They claim copyright over any "recording" of silence of that length, including any purported sample thereof.

     However, my understanding is that the silence of the performers is only a backdrop for the substance of the piece.
     It's about the sounds the audience makes.

     Without the sounds of the audience, it's not a performance of 4'33".

     Has this seriously not been brought up in court, to invalidate these claims?