Music Licenses and Creativity CS 286 Computational Creativity

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Music Licenses and Creativity CS 286: Computational Creativity Presented By: Jason Chee

Music Licenses and Creativity CS 286: Computational Creativity Presented By: Jason Chee

Thesis Copyright laws must adapt to current methods of musical composition by following compulsory

Thesis Copyright laws must adapt to current methods of musical composition by following compulsory license practices.

Background United States Copyright Act was created using ideas of Romantic authorship [1] From

Background United States Copyright Act was created using ideas of Romantic authorship [1] From Romantic view, creativity comes from the subconscious ego - individualistic Argument that the current system fosters creativity: artists will feel secure that their creativity is forever protected by law, thus worth their effort

Example: Benefit of License System All By Myself by Eric Carmen 1975 Plagiarized Sergei

Example: Benefit of License System All By Myself by Eric Carmen 1975 Plagiarized Sergei Rachmaninoff’s Piano Concerto No. 2 in C minor. Rachmaninoff’s Estate settled for a 12% royalty - fair compensation

License Rundown Mechanical Licenses - granted for things not in public domain Compulsory License

License Rundown Mechanical Licenses - granted for things not in public domain Compulsory License - type of mechanical license that extends to musical covers and is automatically obtained without consent [1] Max (8 cents per track, 1. 55 cents per minute) [2] Sound recording license fees [2] < 3 seconds: $1, 500 < 3 seconds, looped: $5, 000 Negotiated individually: time and money

Trends Hip-hop grew with technology Turntables and samplers Sampling is a key pillar of

Trends Hip-hop grew with technology Turntables and samplers Sampling is a key pillar of hip-hop

What is Sampling? Taking one portion of a sound recording and using it elsewhere

What is Sampling? Taking one portion of a sound recording and using it elsewhere James Brown - Funky Drummer 5: 36 Nicki Minaj - Save Me 0: 00

Problem and Solution Problem: excessive licensing fees and burden of individual bargaining Solution: adopt

Problem and Solution Problem: excessive licensing fees and burden of individual bargaining Solution: adopt compulsory licensing practice for sampling Caveat: In the framework of an existing system, so it is just a band-aid fix. Needs a complete rework.

References [1] O. B. Arewa, “J. C. Bach to Hip Hop: Musical Borrowing, Copyright

References [1] O. B. Arewa, “J. C. Bach to Hip Hop: Musical Borrowing, Copyright and Cultural Context. ” Case Legal Studies Research Paper No. 04 -21; North Carolina Law Review, Vol. 84, p. 547, 2006. [Online]. Available: http: //ssrn. com/abstract=633241 or http: //dx. doi. org/10. 2139/ssrn. 633241 [2] J. Norek. "You Can't Sing without the Bling: The Toll of Excessive Sample License Fees on Creativity in Hip-Hop Music and the Need for a Compulsory Sound Recording Sample License System”. Entertainment Law Review, 11(1). uclalaw_elr _27056, 2006. [Online]. Available: http: //escholarship. org/uc/item/96 d 414 rm