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Re: [microsound] copyright or wrong?

devslashnull wrote:

ugh. i give up. beating dead horse.

everyone seems to miss my point.

spinning records at a club (performing) is legal (DJ's are not responsible for ASCAP/BMI fees etc, Club-Owners are) and the RIAA have no provence over that activity. It's only when it gets recorded.

OK, I did a little poking around.
1 - If the club fails to pay licensing fees both the DJ and the Club are breaking the law, particularly if you get paid! Although this hasn't come up directly with dance DJs, there are lots of analogies from other areas and it wouldn't take long to bust 'em.

2 - The buisness owner is generally held accountable by tradition more than anything! Theoretically anyone playing a copyrighted work anywhere in public either on a turntable or cover song is potentially liable. They've gone after musical touring companies for this (specifically jesus christ superstar that was being mixed with actual christian religion, pretty wacky!)

3 - The label members of the RIAA often take portions of the performance rights!

4 - The RIAA can go after any right their members have, so... The label has performance rights for some hip-hop artist (from a bad contract, which they often have), The label is RIAA. The RIAA catches a DJ playing, they sue the DJ and Clud Owner. Poof!

5 - The club owner never books another DJ, better to book live music written by the rock band playing it. Other clubs follow suit.

It hasn't happened, it probably won't happen! However, it could happen. And if there is money to be made some day it will!

They are storming indie record stores because of mixtapes... ie. recordings. The blog entry about what happened in Australia also has to do with "recordings" not the actual live performances.

But when they do go, it shows the RIAA tactics, wherever they might strike next!

Rob


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