|
legal question about livesets....
|
View this Thread in Original format
| Porky |
i have a question for the numerous livesets floating out in the internet for every kind of artist imagineable.. including the edm dj/producer.
who owns the intellectual property for them?
is it the artist? Is it the club where he played at (eg. does the club Palladium have exclusive ownership for the Chicane Palladium liveset floating around)? Or is it a free for all for the fans, where the liveset becomes the property of the fan.
here's another example. pvd reworked Sasha - Wavy Gravy (pvd edit) by increasing the bpm and adding some hihats. now this mix was never released on vinyl or cd, and was only ever heard in pvd's livesets. So, because the song was never 'officially' released does that mean it's the property of.. pvd? sasha? the public?
the reason why i am asking is b/c i am thinking about changing the streaming samples on my website www.chrispork.com to avoid legal issues. if the samples are cut from livesets, can i be sued by the artist?
any input on this topic would be greatly appreciated.
chris |
|
|
| flavdave |
| quote: | Originally posted by Porky
the reason why i am asking is b/c i am thinking about changing the streaming samples on my website www.chrispork.com to avoid legal issues. if the samples are cut from livesets, can i be sued by the artist? |
In short, yes. Those sets are usually from radio/clubs who have paid for licenses to play those tracks. They don't pay for the specific tracks, but they pay fees to organizations such as ASCAP or BMI that in turn distribute money to the record labels and artists. |
|
|
| Porky |
| quote: | Originally posted by flavdave
In short, yes. Those sets are usually from radio/clubs who have paid for licenses to play those tracks. They don't pay for the specific tracks, but they pay fees to organizations such as ASCAP or BMI that in turn distribute money to the record labels and artists. |
so you are saying that for all the livesets that are floating around there, a certain cut of the show proceeds get sent to the record labels, and then to the artists? sounds confusing really. artists should have nothing to worry about then, they should be rolling in the dough ???
:conf: |
|
|
| flavdave |
| quote: | Originally posted by Porky
so you are saying that for all the livesets that are floating around there, a certain cut of the show proceeds get sent to the record labels, and then to the artists? sounds confusing really. artists should have nothing to worry about then, they should be rolling in the dough ???
:conf: |
As a part of their operating costs, clubs pay for a license to be able to hold events where music is played. That should cover any DJ that comes to spin. Even if there is no DJ and the club plays its music on a stereo system then they still have to pay fees. If they don't pay for that license they are breaking the law every time they play music for their patrons. The same goes for radio stations. Even gyms and health clubs that play music have to pay for a similar license.
By hosting those samples on your website, you are breaking copyright law because you do not have permission from the artists or the labels to distribute their work. Read the fine print on any CD or vinyl and it will tell you that. In your case though, I think the artist/label will send you a cease and desist request before taking any further legal action. They might not even care because you are basically promoting their work and they don't have to pay for it. |
|
|
| Ishkur |
| quote: | Originally posted by Porky
who owns the intellectual property for them?
|
The producer/label.
| quote: | Originally posted by Porky
the reason why i am asking is b/c i am thinking about changing the streaming samples on my website www.chrispork.com to avoid legal issues. if the samples are cut from livesets, can i be sued by the artist? |
Technically yes, but they won't, because since time immemorial they feel that public promotion of their music far outweighs any legal benefit they might envision they could squeeze from you. So long as you don't make a profit from promoting their works through your mixes. you are safe.
That's the law of the DJ: stipulate that your mixes are for "promotional use only". No profit may be had, and you'll be safe.
That's pissed off the "mainstream" music industry who wants to trap music in a box and disseminate in relative quantities to people and institutions for a fee, but the electronic music scene has never been concerned about that sort of thing.
Right?
RIGHT!? |
|
|
| Zombie0915 |
as the electornic music scene gets more and more assimilated by the big 5, I feel that is becoming decreasingly true.
It raises the question, can this music stay ahead of assimilation forever? It seems only a matter of time before people get bought out, or people realize that they have bills to pay and start treating this stuff as a commodity. It seems every new development can only exist outside the vicous system for a limited amount of time. Is it worth the effort to constantly stay ahead of this curve of assimilation, does one eventually reach a point where they get too tired to continue this futile race?
I find this "scene" is wrapped up in all this music as a commodity stuff against the will of its partons. Everyone has their hands in the cookie jar, I doubt we will get away with what we are doing for much longer.
On a side note, fox owns myspace now, if you read the fine print they own everything you post there. |
|
|
|
|
