Copy and it's Rights!

I'd love to throw some rights AND lefts at this bloody blog but don't think SAE would take too kindly to big fist holes in their classroom screens! Moving on from a little vent time, what is Copyright?

Copyright is a collection of rights that protects artists in multiple different industries; including visual arts, music, games, writers, film makers..and a shit tonne more!

Copyright is owned by anyone who CREATES the work. You are the owner of the work and it allows you to make money from it and be in complete control of how it is marketed or produced. It also gives you instant and free of cost legal protection at the very time it has been created. It allows you to publish the work, perform it in a live place, adapt and grow on the work, reproduce or copy the work and communicate it via social media, radio or TV.

The length of time that copyright lasts is 70 years after your death. So if you're lucky...a fuckin long time! Not seeking permission to replicate or use someone else's work can result in major legal ramifications. So in other words, a big no no. Plus it's just morally wrong you dog!

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Or the girls, or anyone in between to be politically correct!

What about some things that are NOT covered by copyright? 'Ideas, concepts, styles, techniques and information; someone could write their own script, using your ideas, without infringing on your copyright' (ACC, 2017). Other things that fall under this banner are Titles, names or slogans. They are just too insignificant to be copyrighted.

Ways to avoid copyright infringement would be to contact the artist with your proposed use of their work and clear it with them first. Written acknowledgment is the best way to keep yourself in the good books.

But.... are there exceptions?

In Hip Hop, sampling is very common. That is taking elements of a previously created track, using them to create your own. But you must get permission first. This is because a lot of the time, when sampling is done, it is to create a track that will go onto the new artists album, which will in turn, go up FOR SALE. The original owner could then be offered reimbursement or at least production credits to the song.

A quick example is when Dr Dre was sued and ordered to pay 1.5 million dollars for the use of a bass line in one of his songs, taken from a pre-existing song. Although Dre consulted a musicologist that stated the bass line was 'commonplace', he was still fined for 'Innocent Infringement'.

But Hip Hop is also very accepting of paying 'homage'. This is often done via mixtapes and live freestyles. It would be a different story if money was being made off of the new release, but it is very common for rappers to release, for free, remixed or new vocals over the top of infamous Hip Hop beats. Case in point is Jon Connor. Connor has a FREE mixtape series titled 'The Best in the World'. He uses the instrumental tracks from his favourite rappers that have inspired him, and raps over the top of them. It is purely giving props to the artists who have paved the way for him to succeed. Eminem, Notorious B.I.G., Jay-Z and Kanye West's songs were used and vocals re-recorded over. Now they are some big ass names in the music industry but have let Jon slide in what I think is the 'fair use' act. That means that Connor is not intending to profit from the use of these artists work or pass it as his own, but rather test his skills and just RAP like his idols.

I believe this 'fair use' thing comes into play for me and this current trimester of projects. Both songs I have covered in productions are remaking's of the originals. They are from established artists who are definitely entitled to copyright. Upon uploading the copies of the songs to my SoundCloud as part of the SAE class requirements, I have written in the key notes section 'Myself and the co-producers of this song have no legal rights to the material used in it. It is for personal educational purposes only and will not be used for monetary gain. All elements of the song are the legally owned by the original creators of the song'.

Moving forward into future projects, where sampling might be an option for me, I will be sure to go through the necessary hoops of gaining written confirmation to use said samples. I can barely afford to pay car rego let alone a massive law suit for copying someone else's work to pass it off as my own!!

References-

Pic taken from Google Images

https://www.artslaw.com.au/legal/raw-law/what-is-copyright

https://www.copyright.org.au/acc_prod/ACC/Information_Sheets/An_Introduction_to_Copyright_in_Australia.aspx

http://www.copyright.org.au/acc_prod/ACC/Information_Sheets/Mashups__Memes__Remixes___Copyright.aspx?WebsiteKey=8a471e74-3f78-4994-9023-316f0ecef4ef

http://www.mtv.com/news/1471763/jury-orders-dr-dre-to-pay-15-million-for-copyright-infringement/