Copyright Drama in the Dirty South

We had such a lively time discussing copyright here a few weeks back that I thought I might briefly touch on it again while there's a juicy case in the news. DJ Drama, the Atlanta-based maestro behind the "Gangsta Grillz" mixtapes noted for launching the careers of Young Jeezy and Lil Wayne, has been thrown in the pokey on a felony RICO charge for selling unauthorized compilations. I'm not going to begin to argue merits of this case -- I don't really know the first thing yet about hip-hop's mixtape culture. But this is part and parcel of our approach to copyright enforcement, where the recording industry conducts operations alongside the police while wearing black raid vests stenciled with "RIAA" on the back. (Just because I've been digging into felon voting rights for a story I'm working on, I'll share a fun fact. If Drama is convicted of mixtape-related offenses, he'll lose his right to vote until he completes prison, parole, and probation. But Georgia beats a state like Florida, where felons lose their voting rights more or less for good.)



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Re: Copyright Drama in the Dirty South (3.00 / 1)

If they had stolen a car, what would your response to them being put in jail have been?

In NYC, when I am on the subway, I see guys selling pirated movies without regard to who did the movie (as in company size, etc) to the public for about 2 or 3 bucks. Are they stealing or doing anything criminally wrong? what if they were selling Gucci rip offs? What about if they were selling stolen Gucci bag? Is that stealing?

It's incredibly easy to be "liberal" and present what you think is a problem, but what's your solution to the artists, companies, and people who make their livelihood on this? How do you explain to them that their property rights aren't property rights because you feel its your personal mission to toss out the baby with the bath water.

Also, if you are going to talk on these issues, it really does mean you should understand the legal and business issues and their ramifications of the issues you are discussing.

This discussion is a little like talking to fundamentalists about why I believe under the equal protection clause gay marriage should be treated as equal under the law only to have them tell me that they think its wrong because the Bible says so.

I am asking some pretty simple questions. I have a documentary film maker that I maybe helping obtain private financing for a documentary about the political shifts occuring in Latin America. What would you have me tell the investors? Sorry, but you don't have a property right here?

OT, but related: there is a great doc on the subject of gays and what the Bible says and doesn't say coming out of Sundance or Slamdance- I can't remember which. What would you have me tell them about their property- the film they created?

Finally, by the way, in order to have a great discussion, people would have had to first answer my question about the links I provided relating to cases like NAPSTER which the EFF supported, and for which claim about their support, I was called dishonest by Matt.


by bruh21 on Sat Jan 27, 2007 at 07:03:59 PM EST

Re: Copyright Drama in the Dirty South (none / 0)

If the industry was really all that concerned about it, they might not want to pay mixtape DJs to promote up-and-coming artists by including them on these "illegal" mixes.


by Lucas O'Connor on Sat Jan 27, 2007 at 09:23:13 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

this conversation isn't about mixed tapes. it's about the fact that people here want to end copyright as a property right, which is the point of my analogy. you managed to post without answering any of my questions.


by bruh21 on Sat Jan 27, 2007 at 09:32:17 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

oh, and by the way they were selling the tapes. this is about as much like claiming that someone is promoting artistry by bootlegging the movies i see on the subway.


by bruh21 on Sat Jan 27, 2007 at 09:33:20 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

My point is that several of the DJs recently getting swept up in this mess are being paid by record companies to include certain songs and artists on the mixtapes that are being sold and have been being sold for quite some time.

It's a marketing tool for labels and artists at least as much as it's a copyright issue, and if the recording industry is that concerned about it, they should stop subsidizing it.


by Lucas O'Connor on Sat Jan 27, 2007 at 10:00:15 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

if the copyright holders agreed to this, then this is easily straighten up. if not, then i am calling bullshit.


by bruh21 on Sat Jan 27, 2007 at 10:05:55 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

Most artists, when they enter into a recording contract with a label, transfer ownership of the copyrights in their music to the label with whom they contract so, in all likelihood, the artist's labels are the copyright owners.

It's been a while since I took copyright law but theoretically, the artists should be compensated with, at a minimum, the statutory mechanical copyright rate per track on the tapes multiplied by the number of tapes produced, regardless of whether the artist signed away title to their copyright in the track.  

The music industry is an odd beast because the RIAA takes action against infringers and claims to be protecting the artist but knows full well that the record labels, with few exceptions, are the ones who make the lions share of any money resulting from album sales.  But for major artists, most musicians who get an advance for their album won't see another dime for their efforts from record sales.  Sure, some albums lose money, but a lot don't, and the record labels charge everything to the artist, from manufacturing to PR.  

Two books, "Confessions of A Rercord Producer" and "Secrets of Negotiating a Recording Contract" go into a lot of detail about the issues surrounding recording contracts.    


by LionelEHutz on Sun Jan 28, 2007 at 11:21:15 AM EST
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Re: Copyright Drama in the Dirty South (none / 0)

like most here you are marrying together multiple issues as if they are one. On the one hand people are talking about copyright law, and then in the next breath they flip to discusses of contract law.  There are a lot of interests at cross paths here. If you want to change the law to increase compensation for artists, or give them greater control, then something like the moral rights of Europe would be useful in terms of copyright law. But, that's not the same question as whether a third party , who is not the artist, should have a right to make a compilation of someone else's work, and sell that work without compensating the artist from whom they took the work. In the case of moral rights, and protecting the real artist fo the work from the corporate interest, I agree, laws need to be put into place to do that. But, those laws should not change the fundamental protections that copyright law provide. The discussion by most of the people along the thread are

a) confused about what they are talking about as they go between differerent areas of law (and therefore misunderstand the impact of say changing copyright protection versus increasing them to allow the creator greater rights in their work) ;

b) as with the author of the diary have an agenda beyond what she claims this is diary is about (this is fundamentally about a leftist critique of property right, not any specific actual problem- she tried this same sort of comment about how terrible copyright law was with regard to film)

c) those who are just arguing from pure emotions with regard to the specifics of a particular incident without any view of the larger question of what that means for what sky correctly points out is the value of copyright law- the protection of labor.

In the case of c) a lot of people don't seem to understand a long this thread- what prevents anyone from stealing anyone else's work if we do not have copyright protecton in place. They say idiotic things like Led Zepplin stole from black artists without understanding that it is precisely because Led Zepplin could stll from black artists that we need protections in place such as copyright law to protection black artists from being ripped off.

The key here is that people are arguing different things, and they all think framework wise they are arguing the same thing.  The diarist at one point says one can have this discussion without understanding the legal side of the discussion. she said this in an other diary on the subject- which she titled copyleft.  That's false. One can not. it's like having a discussion about equal protection without understanding the nature of equal protection in our society. It allows for some group such as the right to make comments like 'special rights' without making much sense to anyone who understands the legal ramifications of what is being said.

there are diffrent competing interests being worked out here. there are the interest of the copyright holders, there are the interest of new artists who want to work of those works. The idea that you can simply ignore or willynilly change copyright law because you don't like copyright as a property is what I am getting at. As I point out, to anyone who is interestered- google EFF, one of the primary people on the left assaulting copyright protection- read what they say in their actual briefs, and where they  have choosen to fight. They never met an assault on copyright protection they didn't like

None of this is to justify, by the way, the RIAA, which I have big huge fucking problems with. They are a danger to artists as well. This has to do with the contracts of the music industry.  But the notion that the danger is one sides is beyond me because of the historical and present value of why we have copyright laws protection which without it, the artists would get even less than they are getting now.

Let's take this outside of the realm of the easy discussion (because it allows people to argue from pure emotions masquerading as logical debate). Music is not the only industry dependent  on copyright law for protection. There are the following industries off top my head (and most of the contract law drafted is to give value to the copyrighted works created by labor who aren't wealthy as people here fantasize all copyright owners are): video game artists, comic book artists, writers, journalists, my friend who makes designs, art, and multiple other industries that are involved in creation because of copyright law so that the creators can get paid.

Like I said, I am having a larger discussion because as I suspected when the previous diary was written (the copyleft one) this isn't about the individual instances but a larger assault.


by bruh21 on Sun Jan 28, 2007 at 12:17:35 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

Even though you've broadened the discussion tremendously, its still not broad enough, because big media's stranglehold on creative expression arose not only from copyright law, but through patent law, and California labor law (in re "fixing" sound recordings).

Big media has routinely held to two standards, defining "fair use" differently for itself against the definition it allows those not in its club (Agee v. Paramount).

In the last century, our culture moved from one which carried on its debate with words and ideas, to one which debates using sounds and images. In this century the power to craft derivitives using these sounds and images are in the hands of everyone.

But our law and practice hasn't kept up, and artists who create transformative works are lumped with technicians who create knockoffs berift of any new content.

We need to rethink this whole issue, and rewrite the laws that govern it based on today's technology and today's culture. As a matter of law, these issues are distinct, but as a matter of fact they are one and have been for a very long time.


by PBCliberal on Sun Jan 28, 2007 at 02:38:57 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

i didnt broaden anything. i just find the diaries posted on this subject incredibly manipulative just liek your post. they are about as honest as talking to a christian fundamentalist, which is why I m going to stop wasting my time.


by bruh21 on Sun Jan 28, 2007 at 08:38:15 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

I suggested you broadened the discussion because you said:

Like I said, I am having a larger discussion because as I suspected when the previous diary was written (the copyleft one) this isn't about the individual instances but a larger assault

I too am trying to have a "larger discussion," and was hoping that it could turn on the issues, and not on personal attack. Instead of posting that you're not going to be posting any more, perhaps you'd be willing to point out the dishonesties in my post?

I'll own up to being "manipulative" in that I'm arguing for a point of view. I'd hope you'd do the same.


by PBCliberal on Sun Jan 28, 2007 at 08:45:23 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

yeah i would if i were the one being manipulative. i am pretty clear where i am coming from, which is on the side of the artists interest, rather than political agenda masquerading as such. you can twist that into an attack on you however you want, but i am kind of done.


by bruh21 on Mon Jan 29, 2007 at 01:47:07 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

I would respectfully suggest that if you were acting in the artists' interest, you'd be addressing the work for hire contracts that effectively cut the artist out of any and all benefits that accrue from near-perpetual exclusive rights.

In practice, the artists are far more likely to be suing big media than championing them as their saviours. I'm sure you're well aware of cases like Little Richard's.

Even more prevalent are those artists who do not sue, like the remaining members of the Carter Family, who are prohibited from selling songbooks of their own songs because of the predatory and unfair contracts they signed with Ralph Peer as a condition of his recording them for early Victor.

In these cases, the Sonny Bono Perpetual Copyright Act only serves to damage them further. If these works were allowed to fall to public domain, as they were long intended before big media pursued law reform, these artists would at least be able to trade on their name and publicity rights in selling PD material that was, in fact, originally theirs.

What I am suggesting here is law reform, the same way big media persued it through their toady Sonny Bono.  In practice, this system is broken; current copyright law, coupled with the way it is enforced, is doing very little to further artists' interests, which is why you see such a massive defection by artists from legacy organizations to newer labels promoting sale of cuts without DRM and to progressive distribution methods that allow their building an audience without the cash-intensive costs of the payola past.

Because our law governing sound recordings is out of step with other countries, we see record labels in Britain producing remasters that we, in the country where the music was born, should be producing.

If there is a political agenda masquerading as artists' interest, its coming from the people who insist upon making a one-time payment to artists, and then try to wring every last dollar out of their investment, even when it hurts the artist's legacy and continued popularity.

In 1950, you could make the kind of arguments you are, and we'd all buy them lock, stock and barrel. We didn't know any different then; even if we did, there was no other way to produce and distribute.

Today, lots of us know the lay of the land. Its probably good you're "kind of done," because that's true of your position as well. The litany of bankrupt record store chains underscores my point.


by PBCliberal on Mon Jan 29, 2007 at 03:40:54 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

Bruh21 makes two basic mistakes here.

First, he equates any use of material without permission and payment as THEFT. That's false, as every Internet user with any experience on the medium understands.

This particular artist was taking small clips, which is fair use -- or used to be. It's the equivalent of wrapping together a bunch of photos to create something new, a la the Bush picture made up of pictures of the dead. Want to call the author of that a thief?

Second, he ignores the fact that something new is in fact being created. If we can't make something new with the old, then we can't create at all.

So this case is very important. Throwing an artist into jail because he's using the past as inspiration only reduces the total supply of art. Fair use should apply, and this guy should have a valid suit for wrongful imprisonment.

We're talking here about the difference between a proprietary and an open source business model. Which is more effective in creating economic growth?

That's not a question for lawyers. It's a question for politics.


by Dana Blankenhorn on Mon Jan 29, 2007 at 11:13:25 AM EST
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Re: Copyright Drama in the Dirty South (none / 0)

Hip hop is an extremely organic genre and a lot of it centers around collaboration between artists- much more so than in any other genre. A great deal of hip hop culture is based around mixtapes, and artists will often collaborate with each other on mixtapes, circumventing their labels entirely (their labels and RIAA hate it because they don't get a cut).

Artists typically get a very, very small percentage of profits from their labels and mixtapes are a way for them to bypass the labels altogether, while not using official studio equipment, producers or on the studio's time. They are essentially recording new music on their own, or remixing their old music and adding to it. The labels have no right to want a cut from this.

Mixtapes are also produced in very small limited quantities, and the revenue gained from their sale is quite small from the label's point of view. They often become collector's items.

Mixtapes will often come out in between albums, and feature early versions of songs that later appear on the official albums. Mixtapes are not piracy at all, since the artists and producers work together to create the music and give permission to sell it. Often times, mixtapes are also an opportunity for up-and-coming artists to collaborate with better-known artists and get their name out there that way.

Just to give an example, almost every hip hop artist got their start with mixtapes and only later got signed to a label. Once they get signed, the labels want them to stop creating mixtapes on their own and only make music through the label. Kanye West has for example come out with only two official studio albums, both of which went 3x platinum, and will drop his third in late 2007. West has been featured on almost 20 mixtapes however.

It's also becoming more and more common for artists to offer free downloads of their mixtapes on their official websites.


TheDailyBackground.com
by remove on Sat Jan 27, 2007 at 08:15:50 PM EST

Re: Copyright Drama in the Dirty South (2.00 / 2)

they weren't just using this to create- they were selling them.


by bruh21 on Sat Jan 27, 2007 at 09:13:19 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

They were selling their own creations dumbass.

Comparing DJ Drama to some hood selling ripoff DVDs in the subway is a completely ignorant statement.

Remember when Prince went to war with his record company? Madonna? This is the same fight, it's just that DJ Drama's art is entirely in the remix.


by Texas Nate on Sat Jan 27, 2007 at 09:49:16 PM EST
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Re: Copyright Drama in the Dirty South (3.00 / 1)

no its not. they had contract disputes and this diary is about copyright law.


by bruh21 on Sat Jan 27, 2007 at 10:03:25 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

So...guitar players, because they're using someone else's creation to create something new, should pay royalties to Fender?


by Lucas O'Connor on Sat Jan 27, 2007 at 10:00:59 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (3.00 / 1)

uhm- yes under copyrightlaw if they are using someone else's song, record that song, and then trying to sell it they are expected to pay for the rights to the song.


by bruh21 on Sat Jan 27, 2007 at 10:04:51 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

This is not a case of taking somebody else's music and selling it. This is a case of working with artists to create music and selling it with their permission.

Further, I would point out that if you know anything about the genre of hip hop, you know that this activity is entirely OK with artists- they collaborate to MAKE the mixtapes. It's the big labels that don't like it because, even though it's legal, they don't get a cut of the profits.

This is NOT a case of copyright infringement: this is a case of law enforcement bending to the will of big business interests (the RIAA, and major music labels) to crack down on this legal practice.


TheDailyBackground.com
by remove on Sat Jan 27, 2007 at 10:19:04 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

Finally, you just said that guitarists who are creating something new should pay royalties to the company that makes their guitar (Fender is a guitar company). Feel silly yet?


TheDailyBackground.com
by remove on Sat Jan 27, 2007 at 10:20:54 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

Have you ever listened to a hip-hop mixtape? I don't mean that in a snarky way, I'm seriously curious. And the reason I ask is because you seem so certain that this DJ was ripping artists and/or labels off. I think if you understood the art form (and it is one), you might realize that this particular story isn't as black & white as you seem to suggest it should be. The NY times article, and the very smart comment that you replied to, makes it clear that the relationship between labels, hip-hop artists and mixtape DJs is complicated and very, very grey. They all profit from one another in various ways and in an industry of egos they all have drama with each other depending on which way the wind is blowing.

I think what we're seeing is the painful result of an industry (and the laws that protect it) which isn't evolving as fast as the art form it profits from. Consider a few quotes from the very well-written and researched original NY Times article on DJ Drama's arrest.

The genre moves too fast for the industry:

Mixtapes have become a vital part of the hip-hop world. They are often the only way for listeners to keep up with a genre that moves too quickly to be captured on albums.

The artists benefit from this new way of doing things and have found an organic way to circumvent the traditional, incumbent methods of getting their art noticed and still clocking big profits:

The most recent Lil Wayne solo album, "Tha Carter II" (Cash Money/Universal), sold more than a million copies, though none of its singles climbed any higher than No. 32 on Billboard's Hot 100 chart. That's an impressive feat, and it's hard to imagine how he would have done it without help from a friendly pirate.

And the way the industry responds is by not adapting, but arresting:

The police, working with the Recording Industry Association of America, raided his office, at 147 Walker Street in Atlanta. The association makes no distinction between counterfeit CDs and unlicensed compilations like those that DJ Drama is known for.

This sounds like a fantastic long-term strategy for the RIAA to increase hip-hop record sales.


by clockwerks on Sat Jan 27, 2007 at 10:51:48 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (3.00 / 1)

have you been followng the above diarist post on this. each time there is some special cast that she mentiones that is suppose to equal that the copyright law is wrong. and yes, but as I said, the key for me is pretty simple- legally did they obtain the rights to the copyrighted work before selling it. we aren't talking about people simply mixing a tape to developed their art for- but as she said they are selling it. until you can answer the commerce rather than trying to bait and switch with the art, you and I are going to run in circles. I got the art but, do you get the commerce as in copyright ownership part. that they are selling- which is why the bootleg dvds is applicable rather than some dj developing his art in his studio or for a group of people.


by bruh21 on Sat Jan 27, 2007 at 11:56:58 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

I thought the NY Times article explained this well and the comment above from 'remove' is spot on.

However, if you're going to insist on being "pretty simple" minded about this, then yes, mixtapes are illegal. DJs put out mixtapes with copyrighted tracks they did not obtain the rights for. This doesn't apply to all mixtapes, but it applies to some of them (although the RIAA made no distinction when they raided Drama's studio). And they sell those mixtapes because it supports their career as DJs and keeps the scene alive. Without that organic promotion culture, hip-hop will not be the same. The industry will lose it's connection to the streets and it will hurt the artists in contracts with major labels. The commerce cannot be taken out of the context of the art form and it's culture, no matter how much you or the RIAA would like it.

Last night I was listening to a local radio station do an interview w/ hip-hop artist Petey Pablo. He was describing how his record company didn't understand how to market his music so he had turned to mixtapes to get his art into the streets properly.

From that, to me, it's clear that the only reason the RIAA relies on enforcing out-dated laws to protect their incumbent interests is because they also rely on out-dated business models. That applies to marketing (mixtapes), distribution (mp3s), etc, etc. I think Nancy has been making the point that we should revisit those laws if, in cases like this, they're only protecting lazy corporations. Hip-hop and mixtapes aren't the only examples of the system being broken.

Honestly, considering the current path of disruptive technology coupled with grassroots efforts, I imagine the quick-footed hip-hop will just continue routing around these dinosaurs.


by clockwerks on Sun Jan 28, 2007 at 01:26:59 AM EST
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Re: Copyright Drama in the Dirty South (none / 0)

I agree with you entirely and will backtrack a tiny bit on what I've previously said.

It certainly is true that some mixtapes include copyrighted tracks, and in some cases, the copyright belongs to the label itself, rather than the actual artists who actually made it. What makes this particularly interesting (and often sticky) is that in some ways, the genre of hip hop is very different from many others with respect to the way music is actually created. I know you probably already know this, I'm just sort of thinking out loud here.

Unlike a traditional band or group, there will be a rapper who usually deals with only lyrics (although there are a few exceptions to this rule- Dr Dre, etc). There will also be a producer, who deals mostly with the "beats" or the musical accompaniment (although there are some exceptions to this, funny Dr Dre again for instance actually).

In addition to that, there will often be in-studio musicians who will augment (I feel like Secretary Rice when I use that word) whatever beats and samples the producer brings to the table. Plus, and this is becoming more and more common, there will be background singers who will create either a hook which is repeated in between verses, or some sort of background soundscape.

Sometimes they'll be famous "big-name" artists who will actually get a "featuring" billing (like Jill Scott featured in Lupe Fiasco's "Daydream"... who was actually recreating a sample ironically enough), or sometimes they'll be some random people with nice voices (like the half dozen ladies singing in the background of The Game's "Why You Hate the Game?").

And that's not even going back to hip hop's history of relying on sampling. One of the things which really ticks me off  is when people will listen to a hip hop song and recognize some beats and get all offended like the artist or producer stole them from an earlier hip hop song.

What they often times don't understand is that in hip hop culture, that's considered a tribute, and while the inexperienced person listening may think that they've picked up on some secret, they're actually just often recognizing something that everybody already noticed immediately (the most famous real example of beat-jacking however is Vanilla Ice stealing the beat from Queen/David Bowie's "Under Pressure" and refusing to admit that he had copied it wholesale).

Almost always though, it's a tribute that people recognize. And the same thing often happens with lyrics, leading some people to believe that rappers are "biting" each others best lines and hoping nobody will notice- when in reality they are actually paying tribute to artists usually more legendary than themselves. If you listen to a Jay-Z's stuff and Notorious BIG's work side by side, you'll notice that the former is quite often referencing and adapting the latter's lyrics.

I can remember thinking The Beastie Boys invented the line "I don't mean to brag, I don't mean to boast / but I'm intercontinental when I eat French toast," only to find out later that they had adapted the lyric from the seminal work "Rapper's Delight" by Sugarhill Gang "I don't mean to brag, I don't mean to boast / but we like hot butter on our breakfast toast." This is understood to be a tribute, not stealing a lyric.

Wow that was kind of a tangent.


TheDailyBackground.com
by remove on Sun Jan 28, 2007 at 04:18:19 AM EST
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Re: Copyright Drama in the Dirty South (none / 0)

I forgot to conclude. Uh, in summary: when we say artists, we're really talking about a group of people and it's just silly to think that the labels should have or do have complete control over the music that their artists produce, when they create none of it themselves. Progressive copyright law reform and clarification would probably be a good thing for artists, although there's no doubt that the big labels and the RIAA would fight it all the way.


TheDailyBackground.com
by remove on Sun Jan 28, 2007 at 04:24:20 AM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

Petey Pablo needs to fire his record company. What good are they if they can't market his music?


by LionelEHutz on Sun Jan 28, 2007 at 11:27:01 AM EST
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Re: Copyright Drama in the Dirty South (none / 0)

bingo- the only two things a label are there for are marketing and distribution. if they can't do the marketing they aren't worth anything at all since this is supposedly the rational for why they take so much money from the artists in the first place.


by bruh21 on Sun Jan 28, 2007 at 01:26:04 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

"the key for me is pretty simple- legally did they obtain the rights to the copyrighted work before selling it."

The answer to your question is also pretty simple. It is not a question of "obtaining the rights to the copyrighted work." The reason is, the work is their work. DJ Drama is not some 2-bit street hustler selling pirated music- he is an artist himself. They are not distributing work that belongs to other artists, other people, or other labels. Mixtapes are created by artists themselves, promoted by artists themselves, and in the case of DJ Drama, actually distributed by artists themselves.

DJ Drama, to use this example, has collaborated with dozens upon dozens of artists to produce their songs and remix their songs. It is not a question of stealing somebody's work, it is a question of collaborating with artists to produce something new- which is exactly what Drama and many others are known for.

This is not as if somebody is downloading songs from the internet, or ripping them from a CD, and then burning them to CDs and selling them without any permission from the artists themselves. Simply put, the authorities have no case here, and that will be proven in time. I would not be surprised in the least if Drama asks the artists he collaborated to create the works in question with voluntarily testify on his behalf and explain that they had created the work together.

This is not a case of the artists- the people who actually create the works of art- trying to crack down on mixtapes, it is a question of major music labels and their big business lobby (the RIAA) trying to muscle independent producers out of the business and stop their artists from voluntarily collaborating with them, so the official labels are the only vehicle through which music is released.

I think the idea of profiting off of somebody else's hard work is just as appalling as you do. That's why I'm not a fan of big labels making the vast majority of an album's profits, while less than a buck goes to the actual artist and producer(s) who created the work, per 15 dollar album sold (a typical example, though royalties vary quite a bit).


TheDailyBackground.com
by remove on Sun Jan 28, 2007 at 03:45:18 AM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (3.00 / 1)

the last time by the way- it was film. then matt got involved, and when he started as per usual citing groups like EFF, I pointed out that this all larger swap not as the specifics of the discussion but really about a broader attack on copyright law in general. hence the name of the diary. he at that point claimed i was wrong, that where have the EFF ever attacked copyright law in general. I pointed him to some links to actually filed amicus briefs, and guess what, I didn't hear a word in that diary from anyone who was claiming that I as wrong that this is about a broader attempt to change copyright law.


by bruh21 on Sat Jan 27, 2007 at 11:59:18 PM EST
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Re: Copyright Drama in the Dirty South (none / 0)

copyright law is a tool of large corporations to squeeze money out of the creations of others.

The purpose of constitutional copyright was to encourage creativity not stifle it and certainly not to maximize profits for corporations at the expense of creators like DJ Drama.


by Texas Nate on Sun Jan 28, 2007 at 01:04:09 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

incorrect. copyright law is a tool for everyone. poorly structured contracts are the tools of the corporation preying on artists. the only thing that protects the artist right at all are copyright protections or else the corporation could merely take the artists work without paying them a dime or leave the artist totally beholden to the corp interest. that was what existed prior to the creation of copyright law under the feudal patronage systems where artists were completely dependent on wealthy benefactors. look it up.


by bruh21 on Sun Jan 28, 2007 at 01:28:01 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

from Liber

First of all, let's make it clear what copyright is: it's a monopoly. It is a right granted to someone to have exclusive rights to marketing a product. It might be considered necessary, but traditionally it has been limited to a short time, in order to balance an author's rights with public rights.

Speaking of Copyright and Patent monopolies, Thomas Jefferson wrote, in a letter to James Madison in 1788:

   "The saying there shall be no monopolies lessens the incitements to ingenuity, which is spurred on by the hope of a monopoly for a limited time, as of 14 years; but the benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression."

Jefferson wanted protection from monopolies included in the Bill of Rights, but apparently not getting it, wrote again to Madison in 1789:

   "I like the declaration of rights as far as it goes, but I should have been for going further. For instance, the following alterations and additons would have pleased me . . . Article 9. Monopolies may be allowed to persons for their own productions in literature, and their own inventions in the arts, for a term not exceeding _ years, but for no longer term, and for no other purpose."

Jefferson then went on to propose a term of 19 years, based on the fact the fact that one generation does not have the right to bind the next,

   "I set out on this ground, which I suppose to be self evident, that the earth belongs in usufruct to the living; that the dead have neither powers nor rights over it . . ."

and the number of years then current between a generation's coming of age and the death of half of its members. With longer life expectancy, that period is now a bit longer, but still much shorter than the recent extension.


by Texas Nate on Sun Jan 28, 2007 at 02:13:43 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

how does that dispute my positon? arguing what the nature of copyright law is irrelevant because that same definition could be applied to any property right. What is ownership in land other than the control by one party over a set of legal rights vested in them at the exclusion of all others? The point I am making is why that right exists, and who it ulimately helps to have those rights. it is not as people here want to pretend- that it helps big corp at expense of the artists, it helps botht he artist and the big corp.  and more importantly it helps the artist feigned off the big corp interest by forcing them to pay something even if you dont agree the amount rather than nothing from the artists work. this diary starts off talkign about artists taking from other artists to then sell the compilation of what they have taken. it's not even about a big corp against artists, but artists rights against each other- at base. Although the RIAA is certainly an easy target to pin this own. The sampling isn't  limited to those interests that the RIAA represents. To pretend that it is is easy to do because they you don't hve to deal with the fundamental point being made: how do we protect the copyright interest of the artists involved who have also labored to make their works? Do we rely on the good graces of wealth benefactors (again, not theory, but the reality, or do we rely on something broader such as copyright law?). And, as your post indicates it was debated, and decided that we rely on copyright monopoly as we do with other property right exclusionary rights to make certain that their are incentives for hte artists to create beyond the corp good graces.

Also as I have said, your argment is easy with RIAA, but it says nothing for the vast number of other copyright based professons from which people draw their livelihood. Those questions are conventiently avoided, because frankly they don't fit the boogieman image like the RIAA does.


by bruh21 on Sun Jan 28, 2007 at 03:33:13 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

culture is NOT property.

The sole purpose of copyright law was to incentivize creativity by rewarding the creators themselves with a 15 year monopoly.

Jefferson, et al were reluctant to give that much because they believed in the public sphere and the scientific method -- both of which are immeasurably enhanced by the free sharing of information.

The concept of "intellectual property" as an asset that can be bought and sold and held tightly by corporate entities is a canard.


by Texas Nate on Sun Jan 28, 2007 at 05:46:44 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

and hence in your first line of your statement why this is all a shame discussion for some radical leftist dogma masquerading as concerned over artists rights. you don't give a shit about whether artists black white or purple are able to survive or not. you just care about yoru doctrinaire manitpulation of whatever facts you can muster up to fit your argument.


by bruh21 on Sun Jan 28, 2007 at 08:36:37 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

Listen idiot, I've played on over 25 released recordings as a bassist and guitarist.

I care passionately about the survival of artists.

You seem to care about corporate control.

Get bent.


by Texas Nate on Mon Jan 29, 2007 at 12:27:22 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

I refer you to the answer of Texas Nate. Since when is it illegal to sell art you created. Are collages illegal to sell?


by Dana Blankenhorn on Mon Jan 29, 2007 at 01:07:52 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

I'm flattered Dana, I've been a fan of your work for years.


by Texas Nate on Mon Jan 29, 2007 at 07:21:26 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

First they come for the mix tapes...


by tommywonk on Sun Jan 28, 2007 at 08:54:55 AM EST

Re: Copyright Drama in the Dirty South (none / 0)

for people like Bruh: nobody cares. Sing your RIAA swan song all you want. Nobody likes them, they have no support among the people. The public abandoned the recording industry when they started suing 12 year old girls.

You want to know what pisses people off? That they use the police as their own personal army. It angers people beyond measure when the police are only concerned about the security of those who are already safe. There are REAL crimes that hurt REAL people the police could be pursuing. But no, the RIAA has to squeeze every penny out of every person it can. You talk about Car theft, fine. Let's talk abotu car theft. If someone stole my car how many resources would the police expend to get it back? Would they mount up in full riot gear, gunz blazing, so that I could get my car back? NO. They wouldn't do anything more than take a report. But these greedy rich executives think that the police should march around, taking orders from them.

I'm a human being. I matter. My safety matters. The RIAA is an organization of corporations. They are not human beings. They aren't even real, they are legal constructs. Yet someone, Bruh, you think they are more important than I am. You only worry about the law as it pertains to corporations. God Forbid anyone make a copy of a CD they have. The world might end. But you could care less how many people get raped, murdered or stolen from. People like you make good, honest people sick. It's just a shame you're too far gone to feel any of that sickness yourself


by SoulTim on Sun Jan 28, 2007 at 09:05:24 AM EST

Re: Copyright Drama in the Dirty South (none / 0)

So it was OK for Led Zepplin to live in mansions they got from recycling the work of black musicians, and deeply immoral for Willy Dixon to sue them?

Here's progressive values. Let multinationals take the work of anyone who doesn't have a massive marketing and sales organization and profit from it.


by flyoverperson on Sun Jan 28, 2007 at 09:43:11 AM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

 I'm not sure how exactly you took that from what I wrote at all. I'm going to guess you read all the posts and hit the reply to this button, not knowing it would reply to the specific comment? I may be wrong, it's just that it your comment makes perfect sense when applied to one of Bruh's, but little sense when applied to mine.


by SoulTim on Sun Jan 28, 2007 at 09:59:08 AM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

Let's not forget how the whole Led Zeppelin / Willie Dixon story played out. Originally, it was Dixon's record label, Arc Records, that sued Led Zeppelin. However, they didn't give any of the money they secured to Dixon. Instead he had to sue his record company to get any cut. However, he did later sue Zep directly.

All I'm saying is that there are multiple parties involved here and it's not as simple as good artists vs. bad artists. The record companies (and the RIAA) are in the mix and they're usually more concerned about their own bottom line than they are the artists.

We do need to find a way to empower artists to properly profit from their work while recognizing


by clockwerks on Sun Jan 28, 2007 at 10:21:23 AM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

which is my point above. but often the discussion becomes RIAA bad,  and since RIAA using copyright law, that makes copyright law bad. Copyright law isn't the problem other than needing some tweaking to protect artists more if that is the real concern. It would be easy enough to shift to protect the original creator more, but this diarist isn't writing about protecting the original artists more , she's saying that people shouldn't be penalized for infringement because she doesn't think of it as stealing property. hence, my question if they were selling stolen designs of Gucci bags, is that thef?And taking it further, is it theft is they stole the Gucci bags? What's the difference? The response has been I am being simplistic, but no one has yet to explain that to me other than some leftist critique of property rights in general why this should be a case for changing copyrigt protections for artists,


by bruh21 on Sun Jan 28, 2007 at 01:32:25 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

If the RIAA were so concerned about theft they would do something about RIAA members who conspire to fix prices.  But hey, theft is ok when it's only a few pennies here and there, it's done by a corporation, and it's just theft from the general public who won't notice anyway. Right?  

 


by LionelEHutz on Sun Jan 28, 2007 at 11:35:27 AM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

you are mixing things togehter which I have noticed a lot in this thread. Exactly how does talking about what you just talked about, or for that matter the RIAA, address the core issue of the rights of artists, and what they should be in terms of copyright law, sense, the people hurt would be the artists who originally created the works if their works are being sold. What would prevent some big company from making a compilation without copyright law, if they should so decide, if you change the law here? It's easy enough to argue that the RIAA is bad- because they are. The problem is what should that mean, if anything, for copyright law which is the only value artists have for protecting their works in the first place, and earning an living off of it.


by bruh21 on Sun Jan 28, 2007 at 01:35:47 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

 One more thing, Bruh. It's astounding you think the biggest threat to intellectual property is an attack on copyright laws. Not the endless proliferation and extension thereof. Not the way corporations try to stifle debate with copyright law. Not ridiculous mickey mouse laws that extend copyrights beyond an individuals death. You want to know why theres a concerted effort to weaken copyright law? Because you people have gone too far. We're sick of it. Be glad if we let you keep anything when this is done. People like you have to be taught a lesson: Go to far, and you reap the anger and frustration you've sown. When copyrights originally intended to last 15 years are extended for hundreds of years, then don't be shocked if people attack the very notion of a copyright in the first place. You brought this on yourselves.


by SoulTim on Sun Jan 28, 2007 at 09:19:26 AM EST

Re: Copyright Drama in the Dirty South (none / 0)

Copyright is a labor law. People who stupidly parrot the "RIAA is bad" line are, in effect, calling for a return to the good old days when publishers controlled the market and artists were on the street asking for change.

The over-reach of the RIAA is not an argument for the exploitation of artists.


by flyoverperson on Sun Jan 28, 2007 at 09:39:53 AM EST

Re: Copyright Drama in the Dirty South (none / 0)

Fly over, your posts are clueless and they make no sense. I don't see how letting random individual people with no real power do bad things is worse than letting one central organization with far too much money and power do bad things.

Your post just doesn't make any sense beyond an attempt to carry water for the Recording Industry. One centralized bad actor with infinite resources will always be capable of more harm than several bad actors with extremely limited resources. That won't go far with many people. Like I said, nobody really supports their tactics, their stunt with the whole suing small children thing pretty much burried any hope they had for a public outcry against piracy.

the overreach of the RIAA is an argument for punishing those who support them, and for punishing them. They have the made to understand that they don't get to call the shots. Nothing you've written has adressed a single point I made. It simply argues that they don't matter because somehow we have to support the RIAA. I suppose that makes perfect sense for a hack, but not for a reasonable person.


by SoulTim on Sun Jan 28, 2007 at 10:03:34 AM EST

Re: Copyright Drama in the Dirty South (none / 0)

 Flyover, Bruh, what do you hope to accomplish here exactly? I mean, you're not going to be winning any rucruits to your insane "WE MUST BOW DOWN TO THE RIAA" Stance. This isn't an issue on which reasonable people can disagree. these people have gone too far. Until they cease their endless expansion of copyright law, then any who stands against them stands for freedom. Anyone who stands for them stands for servitude. We can talk about piracy AFTER they surrender on the issue of eternal copyrights. After they repeal the digital millenial rights act. Until then, I'm not open to listening to anything they or you have to say. Neither will any other reasonable or just person. You have gone too far, and you have to made to understand that our sytem of government is meant to serve people, not corporations.


by SoulTim on Sun Jan 28, 2007 at 10:10:13 AM EST

Re: Copyright Drama in the Dirty South (none / 0)

I don't hope to accomplish anything with you. I read yoru post, and now I am ignoring you from this point on. Good luck.


by bruh21 on Sun Jan 28, 2007 at 11:57:39 AM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

I think the Copyright Wars are an important issue for the Netroots, and I applaud MyDD for bringing it up.

If even one political party stands forthright against the insanity, we'll get action. But the RIAA and MPAA are Democratic-leading lobbies, and it's Democrats like Howard Berman who are among the first to carry their water.

This should be the divide between what I call "anti-thesis" Democrats (you'd call 'em Clintonites) and true Netroots supporters. The Netroots understands this issue in its 21st century context, and comes to the right conclusions.

We either support open source and Internet values or we put the law on the side of an economic model that is failing. That's the choice we face.


by Dana Blankenhorn on Mon Jan 29, 2007 at 01:33:54 PM EST

Re: Copyright Drama in the Dirty South (none / 0)

the problem is that what you call insanity actually makes sense to anyone who is actually an artist who doesn't want their work stolen in the naem of your politics.


by bruh21 on Mon Jan 29, 2007 at 01:42:41 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

DJ Drama is an actual artist. As in makes music, has fans, works with other artists, contributes to the cause.


by Texas Nate on Mon Jan 29, 2007 at 07:30:13 PM EST
[ Parent ]

Re: Copyright Drama in the Dirty South (none / 0)

from Wikipedia:

DJ Drama (Dramatic) (born Tyree Cinque Simmons on April 22, 1978 in Philadelphia) is the official DJ for Grand Hustle/Atlantic recording artist T.I., but he is most well-known for his achievements in the mixtape game, producing the popular "Gangsta Grillz" mix tape series. He went to high school in Philadelphia and Clark Atlanta University in Atlanta.

DJ Drama recently landed a "long term, worldwide" deal with Grand Hustle Records. In 2005 Drama independently released sixteen of his twenty southern based mix tapes, featuring acts such as Saigon, Lil Wayne, Young Jeezy, Webbie, Little Brother, and Pimp Squad Click (P$C). He's also one third of the highly productive Aphilliates Music Group with DJ Don Cannon and DJ Sense.

In 2006, Aphilliates Music Group inked a label deal with Asylum Records. He will be releasing the album "Gangsta Grillz: The Album" in Spring 2007. The album's first single is Cannon (Remix), which features Lil Wayne, Freeway, Willie the Kid, Detroit Red, Juice, T.I., and Busta Rhymes.

He also made a cameo appearance in T.I.'s movie ATL as himself, performing at a party, as well as appearing in T.I.'s music video "Front Back", and Young Dro's music video "Shoulder Lean".

DJ Drama has done over 40 Different Gangsta Grillz mixtapes with major artists like Lil Wayne, Young Jeezy, Jim Jones, T.I. and many more. Lil Wayne and DJ Drama are also planning Dedication 3 for release in 2007.


by Texas Nate on Mon Jan 29, 2007 at 07:44:02 PM EST
[ Parent ]


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