# Copyrighting silence?

**URL:** <https://boards.straightdope.com/t/copyrighting-silence/129423>\
**Category:** Great Debates\
**Created:** [September 24, 2002, 6:23am UTC](https://boards.straightdope.com/t/copyrighting-silence/129423 "2002-09-24T06:23:35Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Zoff](https://avatars.discourse-cdn.com/v4/letter/z/6de8d8/32.png) [@Zoff](https://boards.straightdope.com/u/Zoff)\
**Post date:** [September 26, 2002, 2:12pm UTC](https://boards.straightdope.com/t/copyrighting-silence/129423/21 "2002-09-26T14:12:42Z")

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> [@](#):
>
> _Originally posted by Anthracite_  
> Well Max, there is “agreed”, and then there is “agree to this, or we, who have infinitely greater legal resources and time to spend, will sue you into the Stone Age”. Which one was it most likely?

I’m not quite sure this is The Man vs. the Starving Artist. Mike Batt’s [biography](http://www.mikebatt.com/faqaboutus.cfm) seems to indicate he’s quite successful. In fact, barring calamitous financial management I’d bet he’s loaded.

I don’t think there are many broad lessons here. According to [this](http://news.bbc.co.uk/2/hi/entertainment/music/2133426.stm) article

> [@](#):
>
> under English law it is unlikely the copyright in Cage’s could be protected as it involves no actual notes, according to a music industry lawyer.

The only lesson I see is that you shouldn’t list another person as a co-author of your work unless you want to pay them some royalties.

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**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\
**Post date:** [September 26, 2002, 9:24pm UTC](https://boards.straightdope.com/t/copyrighting-silence/129423/22 "2002-09-26T21:24:38Z")

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Hell, my first argument in such a case would be that Cage’s copyright is invalid because copyright doesn’t vest until a creative work is “fixed”, or recorded in some tangible, perceptible medium. Silence, being by definition the lack of sound, cannot be thusly fixed.

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**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\
**Post date:** [September 29, 2002, 12:58am UTC](https://boards.straightdope.com/t/copyrighting-silence/129423/23 "2002-09-29T00:58:07Z")

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_4’33"_ is fixed. A friend of mine bought the sheet music.

I am absolutely serious about this.

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