Re: [microsound] mix cd's pt 2

[Rob <rob@xxxxxxxxxxxxxxxxxxx>]

> Under this scenario a DJ could pay some small license fee at the time 
> of purchase, and then go press and sell 100,000 copies and keep the 
> money? Would different artists (big name producers, etc) have 
> different fees?

Depends on how you compose the license (I'd put a cap on a few hundred 
copies).

> Your idea just seems to shift the burden of accountability: In the 
> case of mechanical copyright holders you would have the labels 
> responsible for tracking all "licensed" sales and making sure each 
> artist gets paid as well as distributing performance fees to the 
> writers and composers? Sounds like a lot of extra work.

Actually I was thinking of including of including it for everyone.  This 
license would be like a limitied open source or creative commons style 
license, just with a limiting factor to a certain number.  Anyway, I 
make mix cds all the time (for friends) I'd be psyched if it was 
actually legal.

> Under the current system as I said before it does not cost the DJ 
> anything to spin at a club, and they have no liability either. Making 
> mix-tapes for promotion is probably still safe as well as long as one 
> is not selling them in shops (ie. sending to venues to get gigs; 
> selling them at your shows, etc).

I'm certainly not proposing switching liability here.  I'm talking about 
allowing labels and artists who want to encourage DJs and DJ culture to 
have a license option that allows them to pre-approve the activity 
because they think it's good for everyone!  If everyone else wants to 
run around trying to grab pennies club owners, that's cool, go nuts.  I 
don't think it works on the small scale of  independant techno/dance 
music producers and it leaves open the possibility that someone (with an 
agenda) can use it as an excuse to do something negative later.

ASCAP, etc. is fine for those who use it, and desperately try and 
enforce it, but I'm thinking along the lines of open-source.  Making a 
statement that you are totally down with the way underground music is 
often supported, that's it.  If you don't want to use it and would 
rather do it some other way go ahead!

And by the way, the labels sometimes contract for the ability to enforce 
performance rights for artists (some artists see it as a benefit), which 
could give the RIAA a leg into live performance spaces.

Rob

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