A very nice response: Reasonable use update

My quest to get permission for my daughter to add a bit of one of her favorite songs as a sound track to a home video continues. The details are in my earlier posting, Reasonable use for a reasonable fee. On October 29, I received a very nice and friendly response to my request from Rob Hinton of Mesa Records. A response at all was a surprise, and a friendly response (one not written by lawyers) was an even bigger surprise. Unfortunately, it doesn't really advance my quest one way or another. Rob very nicely and helpfully informed me that I had written to the wrong music publisher. Here is his letter.

From: Rob Hinton Subject: Re: Request to use "Dog Walk" in home video Date: October 29, 2007 6:31:44 PM CDT To: Jeffrey Goldberg Jeffrey, How are you? Sorry it has taken us so long to get back to you, it's been a crazy few months here. The song you are referring to must have been under a now defunct or non legitimate Mesa Records. That was/is not us, so we don't have any rights to the song or music. It's pretty funny though, as i have worked with Scott Henderson before in L.A. as a recording engineer. However, unfortunately i don't have his contact info or know how to get a hold of him. Maybe you should try getting a hold of him personally. Thanks and we wish you luck! If you have any more questions, please feel free to e-mail us. Sincerely, Rob Hinton Mesa Records Austin, Texas www.mesarecords.com

The publication information I have for this comes from iTunes where I purchased the song in the first place, simply says "Dog Walk (5:38), Scott Henderson, Dog Party, (p) 1994 Mesa Blue Moon." I realize that it's been a while since I updated this, so I don't know whether I will get back to pursuing this any time soon.

Reasonable use for a reasonable fee

So far all of my rants have been about religion. But a recent posting I made on Slashdot has prompted a couple of people to ask me to blog about it so that they could be kept informed about what I seem to have gotten into. My daughter made her first movie with iMovie 06. She wanted to the soundtrack an excerpt from one of her favorite songs, Dog Walk by Scott Henderson from his Mesa Records album Dog Party. I share my daughter's enthusiasm for the song. But she also wants her friends and relatives to see her movie. I suspected that adding a minute or so of the tune to the movie and distributing copies to a few friends and relatives, may well violate our license to use the song (which I purchased via iTunes some years ago). Most normal people – even if they suspected that there might be a copyright issue here – would ignore the issue, add on the music, and be done with it. The likelihood that representatives of the copyright holders, the RIAA would notice or bother about such an issue. But I am not a normal person. This, I realized was a tremendous opportunity to be obnoxious in an excruciatingly lawful way. I decided to write to the music publisher seeking permission to use the song in this way. On October 8, 2007 I sent this email to Mesa Records.

From: jeffrey@goldmark.org Subject: Request to use "Dog Walk" in home video Date: October 8, 2007 12:22:51 PM CDT To: info@mesarecords.com My nine year old daughter wishes to add parts of Song: Dog Walk Artist: Scott Henderson from the album "Dog Party" (Mesa records 1994) in a short (two minute) home video of our dogs playing. It is one of my daughter's favorite songs. The video, probably as a Quick Time movie, will be distributed to maybe a dozen friends and family. We would like to know whether we can get permission to use about 1 minute of the song this way, and how you would like to be credited if permission is granted. Additionally, she may wish to upload the video to youtube. Please keep in mind that this is a first video made by a nine year old. It is far from professional. Would you grant permission for that as well? And if so, what additional conditions may apply. I can send you a copy of the current draft of the video if you wish. I am trying to teach my daughter to respect copyrights, and I hope that we can find a way to use the song in the home video in an reasonably convenient way while respecting your copyright. If you have some established procedure for individuals making these kinds of requests, please let me know. I couldn't find anything on your website. Thank you. -j Jeffrey P Goldberg 1909 Edgewater Dr Plano, TX 75075 972 XXX XXXX

Lessons to learn

I have received no response (October 27). My next step is to send the (slightly modified) request by snail mail. As I stated in my slashdot posting.

All the while I am keeping my daughter informed of progress on this, so that when she grows to the point where she will be making choices regarding intellectual property, she will develop an appropriate respect for how the music publishers handle these things.

The question remains whether Mesa records will respond in a way that will earn the appropriate respect that they would be happy with.

A few more notes

1. In my postal letter, I will add (following a suggestion made in the slashdot discussion) that I am willing to pay a small fee for the permission I seek.
2. Here's a copy of video (without the music)
3. iMovie 08 is less capable than iMovie 06. This is one of my few disappointments from Apple.

Is God a crybaby?

A friend of mine recently pointed me to an outstanding blog, The Meming of Life. There the author describes issues that come up with raising a freethinking child. He also manage to use each enjoyable anecdote as an illustration of some interesting point, whether it be about the accusation of relativism to understanding when it might be acceptable to take things on authority.

Old news: A memetic view of blasphemy

At any rate, reading the The Meming of Life reminded me of some of the conversations we've had with our daughter, in particular I recalled a discussion I had with her about blasphemy when she was five years old. I had never really thought much about blasphemy before that conversation. That isn't exactly true. I had thought about blasphemy. It is the perfect example of a meme which exists to defend the meme complex it is part of. I am not a great fan of memetics, although I am a great fan of Richard Dawkins. But in this case a memetic point of view appears to be exactly the way to look a blasphemy. It's been described before, far better than I could do it, so I won't repeat that aspect of it.

I would like to invite comments with links to such memetic analyses. (See how lazy I am?)

A child's view of blasphemy

Here is a slightly modified version of an email message I sent to a friend in May 2004.

T and I had an interesting conversation in the car today.

T: Oh my Gosh! I said "Oh my Gosh" because God doesn't like it when you say "Oh my God".

J: He doesn't?

T: No, he doesn't, and it makes him upset.

J: Well, if he doesn't like it when I say "Oh my God" he is welcome to ask me to stop saying it. But so far, he hasn't complained to me at all about it.

T: That is because he is way up in the sky and you can't hear him.

J: Well, if he is way up in the sky where I can't hear him then I'm sure that he won't be bothered if I say "Oh my God".

T: But he watches everything.

J: So he is so far up in the sky that I can't hear him, but he can still be bothered by me saying "Oh my God".

T: Yes.

J: Isn't that a bit strange?

T: He is magical.

J: Then if he is so magical, I'm sure he can figure out a way to tell me clearly if I am bothering him. So far he hasn't asked me to stop. But I will stop as soon as he does ask me.

T: God *really* doesn't like to hear people say that he doesn't exist.

J: Oh dear. I guess he will have to cover his ears a lot.

T: [agitated] And God doesn't like it when people tease him.

J: Really? I would have thought that if he were so powerful and magical he wouldn't really be bothered.

T: He really gets upset when people tease him.

J: So he is a cry-baby?

T: Daddy, [tearfully] don't tease God! You'll make him upset.

J: You know what I think? I think that if God is real then he probably isn't a cry baby, so won't get so upset at a little teasing.

T: And in heaven, people aren't allowed to cry.

J: OK. I'll be sure to remember that.

T: Heaven is where God makes people come back alive. [long break for other conversation (in which I'd learned where she acquired all of this wisdom)]

J: You know what I think? I don't think that God is bothered by what anyone says. But there are a lot of people who get upset when you tease God. So it is best not to tease God when those people are around.

So is God a crybaby? Does He really get upset when people say bad things about Him? Is this really the concept of blasphemy among believers? Why does God care about blasphemy? Why are half of the Ten Commandments about how God and religion should be treated?

I don't mean those as rhetorical questions. I would like to hear opinion on these.

Goodness before God

Over at Atheist Alley columnist Sarah Laimbeer has posted an essay We Don’t Need a Higher Power to Know it’s Wrong to Harm Our Fellow Man with which I agree. I suppose that I shouldn't be so shocked that so many theists believe that it is only through some belief in God that a person can wish to do good instead of evil. After all, theists are experienced at firmly holding onto beliefs which go against all available evidence.

Evil Atheists?

Certainly there have been some some evil atheists, Joseph Stalin being the most extreme example. But the fact of the matter is that criminal behavior just isn't a prevalent characteristic of atheists. What little evidence exists suggests that atheists are less likely to be criminals [a citation will go here to prison studies], but that result is probably better explained by the fact that atheists tend to have above average levels of education and intelligence [cite will go here], while it is exactly the opposite for the prison population [citation will go here]. At worst atheists are just like everyone else with respect to ethical questions.

More than an argument from ignorance

It is easy to say that the theists are just being silly when they claim that true atheists can't have morals. But I think it is more interesting to explore what might underlie such silliness. At first it looks like our accusers' reasoning goes something like this:

I don't see where atheists gets their moral imperatives from, therefore they must not have any.

When stated this way the logical flaw is obvious. It would be like me saying, "I don't understand how microwaves heat water, therefore microwave ovens don't work." But our accusers can be more subtle and less stupid. Theists, they say, get their moral imperatives from faith in God, while atheists, without such faith must either not have them or get them from somewhere else. "Atheists," they may go on to say, "need a separate explanation for a moral sense." So for the theists the existence of God explains our moral sense in a way that atheism can't. And so by Occam's Razor (which atheists like to quote so much) this is presented as evidence for God. There are two approaches I could take in answering this challenge. One would be to present all of the naturalistic explanations for morality. And without a doubt I would recommend the book Good Natured and other sources. I would also point out that the two great moral philosophies, utilitarianism and Kantianism make no reference to any supernatural God. But that is not the approach I'm taking in this essay. All of those points have been argued well by others, and I doubt I'd have anything useful to add.

God is not the answer

Instead I wish to argue that the theist and the atheist are in exactly the same boat when it comes to explaining the origins of good and evil. The God hypothesis doesn't help the theist at all once the argument is examined closely. Again, let me digress and briefly mention an argument that I will not be making in this essay. Most religions provide erratic moral guidance. The Old Testament fully endorses slavery (and that is echoed in the New Testament). The God of Abraham is prone to arbitrary judgment, temper tantrums, and is a crybaby who lashes out at all who don't worship Him properly. (I realized that God was a crybaby when my daughter, then in preschool told me that God gets very upset when people say He doesn't exist.) Only through cherry picking the nice bits can most religions be said to provide anything resembling moral guidance.

Good can't come from God

Now to the argument that I did set out to make in this essay. Let me start with a hypothetical question to a hypothetical theist. Suppose I say that God told me to skin you alive. The theist's response would be that I was either a liar or psychotic (or possibly hearing the voice of Satan posing as God). Now suppose that I had said that God told me to feed the hungry and spread His word. What would the theist's response be to that? In the latter case the theist may well be ready to believe that God really did speak to me. Let's look at what is happening in these two cases. The theist is making a judgment about which message really comes from God based on the morality of the message. And Jesus tells Christians that this is exactly how it should be in Mathew 7:15-20. "Beware of the false prophets, ... You will know them by their fruits." Theologians may try to develop a metaphysical argument about God and good and evil in which something is good because it comes from God. But that metaphysics isn't driving anyone's moral behavior. The theist who thinks skinning people alive is bad and feeding the hungry is good is using their own notion of good and evil to judge what is God. So to the theist who asks where does good and evil come from, I answer that I don't know. But neither does the theist. For the theist good can't come from God because the theist must use their knowledge of good to judge what is God.