Music Business/Law Tips - "Freedom to Remix?"

Last year there was a brouhaha in the US Department of Commerce when it raised the issue of the creation of a compulsory license for derivative works, including remixes, mash-ups and sampling. Essentially, this would mean that anyone could do a remix of a famous song without obtaining the permission of the copyright owner. A similar concept already exists under Copyright Law which allows for a compulsory mechanical license to re-record (i.e., "cover") a song, so long as the cover maintains the fundamental character of the original work. However, a remix can substantially change a song, so most copyright owners want to maintain the right to approve as otherwise it could dilute the artist's and his/her music's brand. For most artists, approval over the use and change of their works is a big deal, and licensing is normally subject to a negotiation on such things as scope of the change, how will it be exploited, fees, royalties, a piece of the copyright in the derivative work, etc. Some artists like The Eagles and Lou Reed historically never approve any uses of their works. Others are fine with it. It's important to note that for some works there is already a Creative Commons right attached which does allow for anyone to remix, mash-up or sample a song. It remains to be seen if this issue will rear its head again in the halls of congress anytime soon as it was under review in committee - things move slowly in Washington. Stay tuned. Ben McLane Esq benmclane.com

Music Business/Law Tips - Live Video Violations?

This year live streaming apps are the hot topic. For a musical performer, this allows a show to be broadcasted and viewed worldwide for free via a smartphone, so long as the viewer follows the performer on Twitter. It is a great way to promote an artist and gain new fans, but there are some potential legal pitfalls. The focus of this article will be on the Meerkat app which steams in real time (i.e., there is no ability to archive). The 2 main issues are: (1) rights clearances, and (2) privacy. (1) A broadcaster is technically supposed to have licenses from BMI, ASCAP and SESAC to legally stream live music performances. Of course, most artists would not have that/those in place. (2) As for privacy, a live stream could capture persons that do not give consent to be broadcast or have no knowledge of the broadcast. Again, most artists would not have signed consent forms before a show. Since its a new technology and damages are speculative, it remains to be seen if there are going to be any lawsuits that help set parameters for how to legally use the app without running afoul of the law or people's rights. At a minimum, an artist may want to be up front with an audience and let them know they are being broadcast via a live streaming app (either mention from the stage or post a sign). Ben McLane Esq benmclane.com