Music Licenses and Creativity CS 286 Computational Creativity
- Slides: 9
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 license practices.
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 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 - 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 hip-hop
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 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 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