Sampling Music, Copyright Infringement and Fair Use Act

 

In the music industry, there here several phrases like Sampling music,  copyright infringement, and Fair Use Act. It has been in the media for over a decade now. I wanted to shed some light on the issues of sampling music and how it affects the music industry. 


In the 1990's a landmark case came to court about copyright infringement. The federal court case was Grand Upright Music ltd v Warner Bros. Records. Biz Markie album I need a haircut was sued for copyright infringement by Gilbert O’Sullivan song Alone Again. Judge Kevin Thomas Duffy quoted a biblical quote – “thou shalt not steal.” This decision changed the music industry. 



Some things you will have to do in order to sample music in the music industry and not have to worry about a lawsuit for copyright infringement. The music has to be unrecognizable, do not use the title of the song, do not use any of lyrics, can not be performed in public, and you are not profiting from the making of the music you will use for your enjoyment only.

Well what if someone wanted to sample music, how would you do this? One would have to get a sample clearance or sample license from the music publisher and/or music label. You can find out about these particulars from the Performance Rights Organization I mention in my previous blog. There are also many websites that make it easier for the music industry to get sample clearance.

If you decided not to get permission to use the music, you could face some real legal issues. Of course, then the debate comes up about the fair use. Meaning anyone can copy a portion with permission for the limited purpose. Well according to US Code 17 Section 107: limitations on exclusive rights: Fair Use.  According to the law you cannot except in certain situations.

Since I am planning on owning an Entertainment Business, I want my artist to understand all the laws especially since its so easy to just sample. Ultimately we need to have a clear conscious and ensuring we follow the rules. Even thou they may not want to hear it. I have a duty to explain all the changes in the music industry. 



The beauty of music is the creation of where it comes from, so be unique and different! 



Sing, write, compose and produce from your heart!

Performance Rights Organizations

Who are they and why do we need them.  Currently there are three major Performance Rights Organizations in the United States. BMI, ASCAP and SESAC.   They represent Songwriters, Composers and Music Publishers.  They exist to collect money from the issuance of rights to the establishment of were your music was played.  Your rights are referred to as licenses.  They collect them on your behalf and distribute to you as royalties. 

BMI does not charge an affiliation fee for Songwriters but they do for Music Publishers.  ASCAP charges a one-time fee of $35.00 and in order to join SESAC you have to be selected by current songwriters and music publishers. Whichever one you chose to join is based on your personal preference.  You do not need to join until you have an original song creation that has been played in a public place.  Don’t forget that you need to have the copyrights to the song in order to perform it in public.  You can only join one at a time thou.  You can switch to a different Performance Rights Organization once your contract expires.

9 1 Deuce Entertainment and Mistaga Productions students of Full Sail University, had the opportunity to attend an amazing event offered by our school. This event gave both us an opportunity to go and listen to professionals from the Performance Rights Organization SESAC. 

"SESAC’s Cappriccieo Scates created S.W.I.T.C.H. (SESAC Writers Interacting To Create Hits) is an innovative musical concept that teams established Atlanta and Florida songwriters with Full Sail students to create boundary-defying music.

The event’s panel included Erika Ender, a 20-year veteran songwriter, performer, and Idol Puerto Rico judge; four-time GRAMMY-nominated producer/composer Kendrick Dean (Chris Brown, Destiny’s Child); and Atom Troy, Course Director of Songwriting and Development in the Music Production Bachelor of Science degree program."

We had the opportunity to listen to their stories on how to write and get our music heard from the professional side. What I took away from this experience was education is the key. Don't give up but continue to pursue your dream no matter what it may be.  

Sing, write, compose and produce from your heart!