Copyright Infringement Could Happen To Anyone
Recently I got an email from Youtube as a subscriber of Capitol recording artist Michael Franti about a new video he was creating called “I’m Alive.” I was particularly interested because I also had a song called I’m Alive and I’d given him the CD in person about 4 years ago.
Low and behold, as I listened to his track, his chorus was almost identical to mine. WTF? Are you kidding? I had such respect for this guy as a champion of humanity, committed to helping others with his music. But all that changed when I heard his virtual rip off of my track and all my attempts to reach out have been ignored. The real sad part was that after seeing him in person twice and handing him my last two CDs, never once did he reach out to say “Keep it UP” or hey you’re good maybe you can open for us when we’re in San Diego. At this point with no response from his label and no response from him personally it appears this guy is just in it for himself.
Next began a long slog of what should I do? Should I pursue this guy, what a pain in the ass. My personal situation is still unresolved, but I’ve learned a few things about music copyright infringement that I can now pass along to you.
First Understand Copyright Law
Copyright law is pretty clear when it comes to using sound recordings that are owned and copyrighted by someone else. If you copy someone else’s copyrighted work without their permission and they find out, they can take action against you and sue you up the wazoo for royalties made in the past, present and future.
Typically, recorded songs have two different copyright owners that you must deal with – the parties who wrote the composition and whoever owns the sound recording itself. If you’re just doing cover songs and posting them on youtube or itunes for digital download, just go to the Harry Fox Agency. Make sure you watch the tutorial video after you sign up for an account. This will walk you though the steps required to license a piece of music and it will also tell you if you need to go to multiple parties or if its 100% covered by the Harry Fox agency.
Sampling?
“If you’re going to sample a major label artist, make sure you approach the major label that owns the master recording and tell them how much of the song you’d like to sample, and how many times it occurs. Next you’ll have to approach the publisher with the same info. Both of these parties can be found at either ASCAP or BMI. Make sure you take these steps because if you don’t, you’ve officially violated the rights of the copyright holder. Also plan on ponying up serious cabbage for well known artist samples. Of course the alternative is to go to a lesser known artist and deal direct. Considering most of the best music actually isn’t famous this is a great way to make sampling affordable.
If you get caught with your hand in the cookie jar and a publisher or owner of the copyright calls you out, it could be an even steeper price to pay than if you had gotten permission in the first place. Some publishers will charge 25% if you come to them but might double it if your caught with your pants down ripping them off. Either way you can negotiate.
How To Clear Your Sample?
There are several companies set up just to clear samples and can save you a lot of time simply by using their system. Try DMG or RightsFlow or ask a respectable artist, producer or industry pro who they use. If you need to go direct to an artist or publisher just make sure you create a formal agreement that both parties sign.
Creative Commons
If you’re looking to sample a well known artist and its out of your budget, consider finding music thats been given a creative commons license. You can check ASCAP and BMI for each artist to see if the song is licensable under creative commons.
Make sure before you sample to check licenses, as some specify whether the material can be used for commercial purposes, whether and how it can be adapted and modified, and what credit if any needs to be given. Here is a little reference for creative commons music that you can legally manipulate and hack up in your own work Creative Commons.
Of course the benefit of using creative commons is that you don’t have to hassle with fees or regulatory agencies. If you’re ever thinking about using something without a license and its not creative commons, don’t do it. Not only is it karmically incorrect, but someone down the road will hear it and it will come back to haunt you. Look at Michael Franti, we’ll be talking soon, whether he likes it or not.