Re: [microsound] a few bastards

[Rob <rob@xxxxxxxxxxxxxxxxxxx>]

> i have no problem doing stuff for free, mind you... i've done it enough
> times and i'm certainly not in this for the money...as long as these things
> are agreed upon. however: the notion (expectation ?) that producers should
> simply be grateful for the exposure and expect no other compensation (while
> others profit) is, i find, quite infuriating.
>
>  
No, you missed the point, sort of...

Producers should be able to CHOOSE whether they want this or not.

Unfortunately producers need to make these choices in advance, obviously 
the I hope I don't get sued for this mix idea isn't a good idea. 

But mixes are a good thing, in fact I love them.  Nothing like a good DJ 
to recontextualize and get me interested in new music.  Yes bad mixes 
exist, but trust me It's hard to enforce a license that says - only use 
this on good, innovative, and interesting mix tapes.

By making it clear whether they want songs on a mix or not in advance 
and hopefully on the record producers can make this known.  Whether or 
not this is a good idea for any individual producer depends on how they 
percieve a relatively complicated economic model.  (or just follow what 
they want to do, or think will work on a hunch.)  Really the best 
economists are struggling no figure out how to work human desire into 
modelled systems.  Neoclassical on just assumes people do things for 
money, which only part of the story.

The RIAA is enforcing these copyrights without asking what producers 
want (and possibly with an agenda).  That means since the musicians, 
labels and producers never specified, the RIAA is free to run around 
suing people for using music that the original artist may or may not 
them to.

The RIAA, once again, has thus deprived them of choice.  That's my 
point.  By leaving the issue of mixtapes on an informal basis they left 
open a way to let the RIAA attack the music scene.

Imagine, you simply try and write something to the effect of...

-Included with the purchase of this record is a non-exclusive license to 
include this work on a mixtape that is copied 500 times or less.  Club 
use is unlimited.  Contact the label for inclusion of mixes that will be 
reproduced over 500 times.

OR

-Please contact the label to negotiate the inclusion of this work on a 
mixtape for public release.

See, this way you'd get to choose!  As oppossed to waiting for some 
government flunkys to go after your favorite DJ.

Wierder you could even work the percieved cost of this limited license 
into the record you sell.  Now a bunch of this might seem like the last 
thing on any label owners mind, which is why I'd like to see a standard 
form contract that would eliminate the problems for small buisnesses.

Please don't print any of this on a record and expect it to have legal 
effect, between the international copyright issues, the fact this is an 
unsettled point of law, and I have finished law school yet.  It would be 
bad.  But you get the idea, labels can strike back against the RIAA, if 
they want to and with a little help.

Rob

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