Mash Up is a Derivative Work
✓ Perfectly legal if the owner gives permission.
✓ If they don't you have an issue of copyright
✓ While no court cases have effectively ruled out
free expression as a defense, there are major
issues of permission that arise when using
samples and lifting hooks from other musical
✓ The RIAA does consider streams as a
"performance" and as such the writers
should be compensated.
✓ As a mechanical royalty if you purchase a
stream, the writer should get paid right?
✓ What happened at the end of 2008 with
✓ Normal statutory rate for a composition is 9.1
cents per dollar.
✓ Not applicable to ringtones at first.
✓ Ringtones are sold at a premium, and don't use
the whole song.
✓ The US Copyright Office curbed the huge profit
margin of the cell phone providers, and cell
phone tones are the same as everyone else.
Does the iPod have "legal" music?
✓ Apple says no.
✓ According to a 2007 survey, the average iPod in America
contains about 1770 tracks.
✓ Of those tracks more than 800 are pirated.
✓ What does that say for the bottom line of ITunes?
✓ Who is REALLY making money on this stuff?
RIAA isn't playing around
✓ Since 2003 the RIAA has filed more than 35,000
✓ RIAA is working with certain ISP's to get the
identity of the people that are stealing the
music, so that they can follow up without the
person knowing that they got discovered.
✓ The whole situation has been a PR mess.
Web 2.0 and Social Networks
✓ Web 2.0 refers to the interconnectedness of the internet.
✓ Technology allows us to post content at a rapid pace,
however stealing is at an all time high.
✓ You can't post background music on your website if it
hasn't been cleared by the copyright owner.
✓ Most of the major networking sites have stipulations that
talk about violating 3rd party rights.
Major Label Flaws vs. Digital
✓ On average, with current price structures, you'd
have to sell nearly a million albums just to break
even on the advances and hidden cost structures
that benefit the labels.
✓ Less than 1% of all major label artists do that on
their first record.
✓ So is it worth it?
Artist Development vs. AI?
✓ With such a tight budget, most major labels don't
give artists enough time and/or credit to develop
their craft over several albums.
✓ American Idol does that work and so does the
other model of reality TV shows.
✓ Is this the downfall of quality control or not?