Music is an expression of how we feel. We express ourselves through singing, dancing or playing an instrument. For the creative artist, you will be able to sing, write, dance, compose and produce from your heart. 9 1 Deuce Entertainment is the brand of a new millennium company. Introducing an entertainment brand where you as the artist have creative control. 9 1 Deuce Entertainment will showcase your talents with my personal guidance, passion and attention to detail. We give you the opportunity to achieve your goals in the industry.

Sunday, February 19, 2012

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!
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