Tuesday, May 24, 2011

Obstacles on Fair-use and Contracts

 Working in the audio world as a songwriter, one has to be very careful when using samples. One also has to be very informed with the copyright laws and how they may apply and or be a liability against their work.  If you are publishing a music piece that has sampled audio used in it. You may want to get permission from the publishing organization. Publishing samples of other peoples work may be hard to categorize under fair-use. Ask yourself if the song sounds anything like the original piece. And don’t make assumptions make sure you are protected.

 What is fair use and what isn’t? Fair use can be very hard to categorize in the music industry. Many lawsuits have been filled do to this matter. A good example is Lady Gaga’s hit, “born this way” and Madonna’s single, “Express yourself”. Supposedly lady gaga had gotten Madonna’s blessings to release the song. If your song sounds like any other out there, I strongly recommend looking into getting permission to publish, and get it writing.  This is a great example of getting the correct documents to release songs that may need permission from others to release. You are liable if it is not in writing.

 Contracts can be very tricky in the music industry. Making sure what you are getting royalties over is very important. From performance to digital downloads, one has to cover all aspects of the compensations.  Making use you don’t give up your song-righter’s copyrights is another matter you may be liable for in signing a contract.  A lot of different liabilities take affect in the music industry. From sampling others work to loosing out on money do to tricky contracts. You are liable for all you publish or sign. I strongly advise seeking legal counseling when signing contracts or publishing what may seem to be a liable matter to your company.

Podcasts:



http://www.academicroom.com/video/introduction-copyright-law-lecture-3-copyright-applied-music-and-computers-peer-peer-file-shar