I chose to write this assignment on 3 issues; copyright
infringement through the use of Mixtapes, Online streaming services and the
challenges they face when it comes to licensing the music they play, and music
that is not properly credited in a DJ mix.
First, I would like to talk about how musicians in the Hip
Hop Genre have been using other people’s music to create their own since the
inception of the art form. The use of other songs to create your own is called
sampling. The use of mixtapes as a form of promotion has been a main staple
used by most Hip Hop artists after the rocket like success of rapper Curtis “50
Cent” Jackson.” Artists such as 50
Cent and Lil
Wayne gained fast recognition for their remakes of original hip hop songs. Until
recently, artists did not have to worry about getting the songs they used
cleared. It was like an unspoken rule, as long as the artist does not sell the
music, they could create freely.
This has changed dramatically.
Record companies are suing artists for using their copyrighted music even for
their “Free” music albums. Rap artists Wiz Khalifa and Curren$y pushed back
their free album #LiveinConcert for fear of being sued by record companies. Mac
Miller, was sued over a beat on his mixtape. This was an influencing factor
in pushing back the #LiveinConcert Project.
I think this limits artist’s
creativity severely. I think artists should be able to record songs no matter
who made them. That keeps things fresh, without people thinking about getting
samples cleared.
DJ’s may run into a similar
problem. DJ’s in the past have been putting mixes out without giving any
credits to the artist’s music they are using. Dubset.com is using a new
technology called MixScan. This
connects the artist’s music to the DJ’s mixes, giving all parties involved
credit for each song submitted to Dubset.com as a promoter. Services such as
Soundcloud.com allows DJs and others to upload music as long as they agree to
standard copyright laws. This leaves gaps in the field of play. DJ’s such as DJPK1
releases mixes on SoundCloud without
a playlist. These artists and labels get no credit for the songs played in the
mix set. I think a site like MixScan helps everyone
receive proper credit and decrease the chances of a lawsuit in the future.
Online radio formats are also
running into obstacles. Pandora may have to pay significantly more money to
Sony ATV music than to the Performance Rights Organizations (ASCAP, BMI.) There
has been debate over what is actually “fair” as far as royalty payments. Other
companies have attempted to go around Sony and negotiate its performance rates
with the companies directly. This makes the situation even more difficult. SoundExchange has been used recently
as a blanket performance rights agency that collects on behalf of all artists’
music streaming on the Internet. This website is a great tool for anyone with
music that is released on any streaming sites. There may be money on the table
if you do not take advantage of this resource. The battle for performance
royalties is still not over. Pandora however needs to consider what it stands
to lose as the industry leader in music streaming. What do you think is a
considerable royalty rate per song play?
References: Music Law-
Contracts and Band Agreements http://www.youtube.com/watch?v=nZmeTxL6h5I
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