Copyright or Copywrong? Music Lesson #4 Transformative Use- Mixed and Mashed

In the Style of… (Review) Derivative music is a legal grey area. You may get sued if: –The original artist is popular/ signed to a major –The connection with the original is obvious –You publicly state that your song is derivative –Your song makes enough money #DON’T GET SUED Think about instrumentation and style. –Try not to copy (it’s almost impossible not to).

(Il)Legally Covered (Review) Covers are credited interpretations of songs. They share similarities with the original. –Harmonies, melodies, rhythm, lyrics, structure You do not need permission to cover a song. You may have to pay royalties. Embellish, simplify, and make it your own.

Sampling the Law (Review) You need permission if music is used commercially. The publisher: Represents the songwriter/ composer Expects money upfront and a percentage of all revenue. Often won’t respond unless you are signed or send thousands The record company: Represents the songwriter/ composer, Also expects money upfront and a rollover. Often is hard to find- hire a clearance expert. You may: Recreate a sample to avoid paying the record company Try to defend your sample through “Fair Use” or “Transformative use”

Libraries hire musicians and composers who: –Work for-hire –Have no rights to music and earn no royalties You can make and sell your own libraries. Library Music: samples, loops, MIDI, production –Use of this music is often very limited. –Can cost from less than a dollar to hundreds May generate royalties for the library, even if it says royalty free. This music is still copyrighted- even pre-cleared sample CD’s. Music Libraries

Task 1 Choose a style for your project. –Choose a style that: Works with samples Can be made using some samples –Select instrumentation, and effects. –Select a quantization setting –Choose a feeling for the project.

Public Domain Songs that expired or pre-date copyrights –70 years after the creator’s death –Or creation before Or the writer gave the work to the PD. Can be used legally for derivative work. –Unless you are using a Recording, Arrangement, or transcription These may be copyrighted If they are, you must pay royalties.

Task 2 Find a public domain song Make a derivative of the –Harmony – Melody –Rhythm Transform the track Make it unrecognizable Match style (Task 1).

Creative Commons- Really free to Sample!

Task 3 Find a few samples for your project that are licensed for Creative Common use. Make sure you are allowed to –Remix the track –Make Money Credit the creator of the sample Share alike if required.

Mixed and Mashed: Transformative and Legal Combine tasks 1-3 to form an original song Collaborate with an English Class for lyrics –See: Alexia Wilson Collaborate with a Graphic design for images –See: Sid Llera Collaborate with Video Productions for video. –See: John Enyeart