If a person, an amateur DJ, wanted to make a mixtape or mix-cd of “him” playing, him spinning and mixing songs into each other, and distributed that tape (on a relatively small scale… under 1,000 copies), what are his legal obligations to the artists that he is playing?
Does he get “around” the Copyright laws (USC 17) or the Digital Millenium Copyright Act because he is distributing this as a demonstration of his skills?
Facts and/or quotes would be appreciated. I’m looking for solid yes/no/this is what to do answers, to cover thine arse.
Thanks all, your infinite pool of wisdom as always will be appreciated for many years.
From what I know, the quantity isn’t important. All the copyright, sampling, &c laws still apply. Not that they’s acually come after your ass, thereby dealing with the expense and bad press that the incident would generate. If they decide to do it, though, you’re fucked. Ask the Chemical People.
there was an article in billboard about a year or two ago talking about this. i’d dig it out, but my collection is across the country right now…
but yeah, you technically would have to pay the copyrights. the riaa was cracking down HEAVILY on mixtapes. granted, these were for sale in stores, but they interviewed regular bar djs who made tapes to give to bar owners so they could get a feel for their skills. some were worried, some were not. basically, if you are making them so that you can earn money down the road, it’s a no no.
I thought that profit considerations never even come into play… the Man doesn’t care whether you’re selling it or giving it away, hence the assertions by such reknowned legal minds as Lars Ulrich that each Napster user is individually guilty of copyright violations.
there’s a difference between mixtapes of songs that you own (like a road mix tape) and a mixtape of djs spinning a mix for sale. mixtapes of you spinning for your own pleasure, of music you own, is fine. mixtapes of you spinning for sale or distribution even, is verboten. but the MAN will probably take it easy on you if you spun some rekkids and gave a mix to a friend, but if you are going to get a job out of it, they’ll not take kindly to it.
aw hell, there’s a difference between mixtapes of songs that you own, which is fine, and a mixtapes of songs that you downloaded from napster, which you haven’t bought a license for. that’s what i meant to say in my first line above.