Can You Copyright Silence? And Other Lawyer Stuff.

i'm not sure i can take that article seriously. what does one's personal opinion of "art", good or bad, have to do with the legal ramifications? also, this assertion...

One could conceivably argue that silence existed long before there was life on this planet, and therefore silence is actually public domain, just like "Happy Birthday."
is just plain ill-informed. if you want to use happy birthday, you're going to be writing a check to the Summy Company (until their copyright expires in 2030).
 
Silly sutff, this.

Silly sutff, this.

Personally, I think this type of argument is justification for banishing someone from the entire planet for life. But, I'll play this game for a minute.

In addition to the public domain argument is, perhaps, a corollary argument that silence is the absence of sound, hence it is nothing. Can "nothing", i.e. "no thing" - neither sound waves nor vibrations - be copyrighted? If there is "no thing" that exists, then what is there to copyright? How was the silence generated? However that may have happened, it would remain arguable that the silence on the "recording", i.e. the "work of art", is merely the silence created through whatever means was used by the "artist." It's arguable that silence generated by other means would not be the same silence.

Copyright applies to a "work of art or literature that conveys information or ideas." If silence is, indeed, the absence of sound, hence "nothing", where is the art? What components comprise it? (Apparently, none). Then what is there to copyright? Even if the "artist" claims it as a composition, how would he/she define/describe their "artistic silence"? If it is the absence of all sound and/or vibration, how can the absence of something - indeed, of ANYthing - be copyrighted?

If silence can be copyrighted, maybe I should fly over th the UK and digitally record, then copyright, all subsonic and ultrasonic frequencies. That way, whenever they appear even by accident, I'll be entitled to royalties. (Don't blow your dog whistle, or you'll owe me).
 
Well, silence never sounds the same.

My recording of silence in my livingroom with an oktava mic w bbg is going to sound a lot different than someone recording "silence" in, say, an empty school room with a sanken mic and no windscreen.

There is no such thing as real silence, is there?

Granted, were probably splitting hairs here, and I hate these stupid debates, but it does "sound" like copyright infringement.

- Troop
 
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No, it can not be copyrighted bc silence (the absence of all sound) can not be "affixed to a tangible form" It also needs to be an expression of an idea (something created), not naturally ocurring. That case, IMO, will not stand if appealed.
 
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without hearing the recording, it's impossible to say if it were true silence or a recording of an empty space -- two different things. the latter of which, can express a tangible idea.
 
But is it actually possible to record "true silence"?

I just can't wrap my mind around how that could exist.:Drogar-Thinking(DBG
 
Bosindy, got it right. I went to law school, and decided against it as a livelihood. So here is an accurate and much too lengthy answer to your question....
No.
 
Super Trooper said:
But is it actually possible to record "true silence"?

I just can't wrap my mind around how that could exist.:Drogar-Thinking(DBG
right, that's what i mean. there would have to absolutely nothing there. a flatline. only then is it truly "nothing".
 
corona said:
Bosindy, got it right. I went to law school, and decided against it as a livelihood. So here is an accurate and much too lengthy answer to your question....
No.

We are kindred spirits as far as the Law my friend, much like my Catholicism, I am non practicing.

BTW if you ever want to record true silence, come to my apartment and listen to me tell my girlfriend I am about to blow $4K on an editing system.
 
I think its the conceptual aspect that is being exploited. They are trying to protect John Cage's intellectual property that is embodied by "4:33". The silence is a means to an artistic end. But its the IDEA, not the form, that makes that work great.
 
And I'm probably the only one here who has it at home. (On an LP, so it's not really silent....even on the Denon.)
 
Here's a legal "silence" question - can you copyright an impulse reverb recording? It's silence, but a "particular" silence. Curious thought....
 
Bosindy, I think my wife quoted your girlfriend when she saw my new Canon H1 arrive. I hope you don't see an infringement issue there.
 
Duct Tape Films said:
Here's a legal "silence" question - can you copyright an impulse reverb recording? It's silence, but a "particular" silence. Curious thought....

Probably not. But you might be able to patent it.
 
powerdog said:
Bosindy, I think my wife quoted your girlfriend when she saw my new Canon H1 arrive. I hope you don't see an infringement issue there.

LOL. I am not sure she can copy this level of silence, the level she can attain is so absent of mass it has pulled a living room lamp off a table like a black hole, but just in case, you are safe.
 
My wife's silence has never rearranged the furniture, but it does seem to lower the ambient temperature of the room. Yet even in summer, the effect is not pleasant.
 
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