The "Amen Break" and Creative Work

PLEASE WATCH THE VIDEO FIRST!

(Sorry, this entry is entirely based on the video above. And, YES, I'm aware the video is 17+ minutes in length. Trust me, it's worth the time.)

This interesting treatment on a popular (almost ubiquitous) drum break has some interesting implications for what we do.

First, I must agree with the premise that improvement of any kind in society - be it artistic or scientific - is ultimately the result of improving upon previously available forms. The wheel goes on to be a rubber tire, and it gets there in increments. The exciting variable in the equation is where it will go next.

In similar fashion, creatives inspire one another and ultimately build on forms seen previously employed by someone else. As one animator learns how to pull off an interesting trick in After Effects or Maya, others notice, study what was done, recreate it, and then go on to add their own twist to it. And then the cycle begins anew.

I can't begin to count the spots that I've done that were touched off because of what I saw someone else do. I have sampled from other writers and producers. Basic premises. Lines. Visuals. I've done it all, adding, along the way, my own twist to match the local flavors and tastes of my particular product.

This admission should come as no surprise or shock. We all do it. It's the reason "State of Our Art" and "Best of Cable" are 2 of the best-attended sessions at Promax every year - we're looking for our next "sample".

And what about the drum breaks you've put in the ether? How often have you seen yourself get sampled? Were you impressed with the results and the new twists the sampler added?

The odd part here is where the line is drawn. I'm okay with someone sampling my ideas. Honestly, it's all part of the game. I do mind it when a competitor does it, though, because it muddies the waters. It undoes any branding I might have accomplished by associating the same ideas with a different product - and that's just bad for everyone involved, both the samplee and the sampler. I won't even get started on how lazy it is, too.

But what really burns me is copy-theft. A line or two I can live with. We've all heard someone put something into words better than we can. And, as in the academic community, I don't think it's a sin, so long as proper attribution is offered in the proper context (simply, don't pretend like it's yours - that's bad form).

What I'm talking about is wholesale copy theft - an entire script completely lifted, with little more than the call letters or station name replaced. That's worse than bad form, that's television's equivalent of plagiarism.

Now, this raises some questions of its own. See, this doesn't fall under the umbrella of plagiarism. I recognize that plagiarism is difficult to define in our business. The crux of the confusion is "Who owns this stuff?" I'm the writer, the creator - but I don't own what I make. We saw what happened when Letterman got into it with NBC over intellectual property. It becomes murky because someone else is footing the bill and paying me for the work. (It's interesting that these distinctions didn't previously matter. We associate the Sistine Chapel with Michelangelo, not Pope Julius II - although I know dragging Michelangelo into this is a stretch.) When it's over, these works of ours enter into someone else's possession, where they lay claim to the intellectual property - not unlike ZeroG records did to The Winstons. I don't know that that's fair or not, I only know where I lean. (If you can't quite tell, I support the WGA strike, so there it is.)

But, all that aside, I'd be interested to hear readers' thoughts on all of this. Have you ever been sampled? Or had copy stolen outright? (I have, and if I ever find you...) Anybody wanna give credit where credit is due - you know, a shout out for a great idea you sampled? Have at it! I think this is one of those bigger issues we should take some time to consider.