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Thaumata Strangelove
Joined: 11 Sep 2007
Posts: 41
Location: Chicago
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 Posted: Wed Sep 12, 2007 2:57 pm Post subject: copyright |
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Hey guys. I just wanted to offer my advice on copyrighted music in SL. For my job, I spent WEEKS researching things like royalties, copyright and creative commons law, including plenty of time spent with lawyers who specialize in this as well as the heads of creative commons themselves. I know way more than any human being should know about things of this nature and I would be happy to save you the homework should you have questions.
The one big one that people always ask me is if they, as a musician or venue owner, will get in trouble for playing copyrighted music in SL. To that, my answer is usually along the lines of, "no more than the casinos used to get in trouble." In other words, it's not legal, and probably as SL grows you will not be able to continue doing it without paying royalties to either ASCAP or BMI. RL Venues can buy a license from them for a flat fee each year, but you could end up with international license fees, which can be pretty hefty.
The best advice I can give you is that whenever possible you should play original music or Creative Commons licensed music that is intended for distribution. My site specializes in CC music (some for commercial use, some not - check the respective licenses) and there are others as well who do great work in this field, like ccmixter.org. (they rock.)
If you have questions, please shoot me a line. If I don't answer here right away it's just that I have so many places I'm keeping tabs on, so try my email if it's urgent. 
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Thaumata Strangelove (SL)
Amiee Jacobsen (RL)
Splicemusic.com Community Director | amiee@splicemusic.com | skype: thaumata
You can promote your music for free on Splice. (That's just how we roll.) |
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RayW
Joined: 05 Sep 2007
Posts: 563
Location: Twin Cities, MN
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| Posted: Thu Sep 27, 2007 5:52 pm Post subject: Question. |
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Thaumata ... yes I do have a question, and I think I know the answer. But, I'm also sure it happens all the time to others. So, here goes ...
Take a popular song. Copyrighted, of course. Use part of the chorus, because it's well known. Tweek the whole rest of it to your own, totally different lyrics and the other half of the chorus.
Of course, you'd need both the permission of the writer and lyricist to record the song. But, to play it in a gig? Does that still infring on their rights?
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Ray
http://www.rayweyland.com
http://www.sounds-of-ray.com |
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Silas Scarborough
Joined: 04 Sep 2007
Posts: 1184
Location: Rhode Island
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| Posted: Thu Sep 27, 2007 8:28 pm Post subject: |
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RIAA is motivated entirely by blood and the goon squad hasn't come out for the same reason RL bands don't get hassled. This is one of multiple areas that hasn't been thought through when people consider growing the SL musical economy.
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Ever vigilant for da gooses overhead.
- Silas
My Web site is at myducksoup.com |
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Thaumata Strangelove
Joined: 11 Sep 2007
Posts: 41
Location: Chicago
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| Posted: Thu Sep 27, 2007 9:08 pm Post subject: |
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the way that i understand it is that to play any cover music you must carry a license to do so, or pay royalties. if it's enough like the original that you'd have to get rights to record it, then you'd have to get rights to play it. most bands don't even bother, but i know most venues in RL do get a license to cover it, and the RIAA has been known to sue places that don't occasionally (though, most likely just to set an example.)
it happens to the best of them, though. did you know that KD Lang sued the rolling stones when they recorded "Has Anybody Seen My Baby" for being nearly exactly a song she wrote? and mick jagger was just like, "oh, shit. i thought it was something i created myself." hahaha
anyway, to be on the safe side, i'd get a license to do it, or at least understand that one day, when SL comes up on the radar, you will most likely need one then.
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Thaumata Strangelove (SL)
Amiee Jacobsen (RL)
Splicemusic.com Community Director | amiee@splicemusic.com | skype: thaumata
You can promote your music for free on Splice. (That's just how we roll.) |
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Doubledown Tandino
Joined: 07 Sep 2007
Posts: 1658
Location: RAVELONG @ SLMC Info Island - SIM: Tivona
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Lyndon
Joined: 17 Sep 2007
Posts: 40
Location: Pacific Northwest
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| Posted: Wed Oct 03, 2007 6:53 am Post subject: ...are you kidding?... |
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Thaumata, we're flying so far below the radar and so low and slow in SL we're barely disturbing the mesquite on the sand.
Until we can perform for thousands of ears at one show (so.. like .. over 500 headsets), we won't even garner a glance.
No agency is going to concern themselves with revenue collection from us for a long, long time. We're small potatoes...more like tots.
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HEY! Get your own kazoo! |
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Zaphod Theas
Joined: 13 Sep 2007
Posts: 28
Location: UK
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| Posted: Wed Oct 10, 2007 12:48 pm Post subject: Re: Question. |
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| RayW wrote: | Thaumata ... yes I do have a question, and I think I know the answer. But, I'm also sure it happens all the time to others. So, here goes ...
Take a popular song. Copyrighted, of course. Use part of the chorus, because it's well known. Tweek the whole rest of it to your own, totally different lyrics and the other half of the chorus.
Of course, you'd need both the permission of the writer and lyricist to record the song. But, to play it in a gig? Does that still infring on their rights? |
Very interesting question RayW! Technically, if the venue you are playing at does not have a performance license then the answer is yes - it does infringe the original writer's rights - especially if the new song is in any way a parody of the original. Specifically, you are infringing the performance royalty in the published copyright. There are many old wives tales in the entertainment business about copyright, such as "if you tweak a word at the end of a line its free of copyright", or "if you only copy something less than 7 seconds its free of copyright" but these arent at all true. Important though is the use of the words "technically" - simply because nobody is ever going to bring a case against you unless they can make something from it - in other words if you were bringing in a million lindens a month from your SL show, and your most popular track in your set was half baked rehash of Bitter Sweet Sypmhony for example - then Messrs The Verve might come after your ass for a share of your takings; but if you arent even earning enough lindens to restring your guitars with, then there's no point them even considering it.
In fact the same is true with recordings - technically as you say, you need the permission of the songwriter to record a version of their song, in reality this is not really the case - you need their permission to release it in order to make money from it... ...but be aware that giving it away in the hope it will better your career profile also falls into the category of "make money from it".
The main issue of licensing your performances lies with the venues - if you are going to play covers then the VENUE must hold a license. But the copyright orgs would argue that copyright is copyright is copyright, irrespective of whether the artist concerned was actually registered, so in the fullness of time they are likely to fight the argument that if artists go to a venue and play only original unregistered material this creates a loophole for the venue re obtaining a license.
As Lynden and Silas both elude - we are small fry in here and we're unlikely to be individually hunted down. However, if we adopted a generally irresponsible attitude to these matters across our whole community, then this might influence the royalty police to punish us collectively. There may be some pretty rough times ahead, but you never know, the revolution might bring the big boys to their knees before this becomes an issue that we can't fight fairly.
I think John Paul Jones' words from a few years ago are more valid now than ever: "This is the end of the music business, and the start of the musician business"
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Decafalon (n): The grueling event of getting through the day consuming only things that are good for you. |
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Kim Seifert
Joined: 09 Sep 2007
Posts: 199
Location: Ohio
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| Posted: Wed Oct 10, 2007 2:05 pm Post subject: Re: Question. |
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| Zaphod Theas wrote: | | The main issue of licensing your performances lies with the venues - if you are going to play covers then the VENUE must hold a license. |
Hi Z man! Hugs!! While I agree with most of your post, I need to pipe in here regarding the above.
As you know, there are two licenses at issue. One is the license to play sound recordings (this does not apply to live musicians who make derivative works of covers - this, of course, is the license that the RIAA is up in arms about). The other is performance of "lyrics and melody" which you are talking about (this is extremely expensive...I have one, but ONLY because my family owns a bar in RL and the license we have is for the bar and for me personally...had it not been the proceeds from the RL bar paying for the license every year, I would not even consider getting one as it would be cost prohibitive).
You say that the VENUE must hold a license. In RL, that is true because the way the code reads is that the responsbility lies with the "medium that provides the technology." In RL, you HAVE to go to a club or bar to listen to live music. In that case, clearly the "medium" is the "place." However, in Secondlife, the medium is a bit unclear. The reason is that you do not have to go to the VENUE to hear the music. You don't even HAVE to go to Secondlife. You DO have to point your program to the URL that the musician uses to stream. Therefore, the "medium that provides the technology" is the stream used. And, if that stream is leased, the lessor of that stream is liable. So the VENUE (as that term is applied to Secondlife) IS NOT liable, but the stream owner or lessor IS liable.
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www.thesixtyone.com/Kimmee
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Zaphod Theas
Joined: 13 Sep 2007
Posts: 28
Location: UK
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| Posted: Wed Oct 10, 2007 6:34 pm Post subject: |
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Hey Kimmie! Hugs to you too and thanks for the clarifications. Z x
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