Digital DJs Unaware of Copyright Law 266
CookieJago74 writes "The BBC reports that if you're a DJ, playing your digital copies of files off a laptop or mp3 player is illegal. The UK royalty collection agency, PPL, demands that such DJs pay £200 for a license in order to do so. From the article, 'Many DJs are still unwittingly breaking the law by playing unlicensed digital copies of tracks months after a new permit scheme began, the BBC has found. This includes legally-purchased downloads, which are normally licensed only for personal use, as well as copies of tracks from records or CDs.'"
Article summary is a little misleading (Score:5, Informative)
Re:Article summary is a little misleading (Score:2, Troll)
That's because there is a surcharge on blank media to cover this, should they be playing from a copied CD.
Re:Article summary is a little misleading (Score:2)
What's the differenct between a digital copy of a song on a hard drive and a digital copy of a song on a CD?
This sounds like another extortion charge by record lables. They know it's convenient and that's how everyone wants to use it, so they're going to charge you to do it that way.
Re:Article summary is a little misleading (Score:2)
That would be incredibly stupid, even by the standards that allow adding surcharges to media to cover copying unlicensed music to that media.
Re:Article summary is a little misleading (Score:2)
I don't think the UK has a media surcharge. I think the author's point is that they should be playing from an original CD or vinyl. However, I would question if this is sufficient, since I did not think copyright law allowed public performance without an extra license.
Re:Article summary is a little misleading (Score:2, Informative)
When a DJ buys a CD or record, they actually buy a special "public performace-licensed" version which costs more than the standard consumer version. This is similar to the touch tunes-type jukeboxes which (usually) have stickers or periodic displays that say "the music you are listening to is licensed." One of the bars I go to all the time actually pays for a public performance license so that the bartenders can bring in music if they want.
In short- just like buying a DVD does not giv
Re:Article summary is a little misleading (Score:3, Interesting)
Re:Article summary is a little misleading (Score:2)
They do? I know lots of DJ's in my town. They buy the same CD's and records as everyone else. Then of course make their own burned CD's of selected tracks, or put it all on their laptops.
Or are you talking about only like wedding/social function DJ's? There is no regulation in the US for what kind of media or what music a DJ uses in clubs, shows, and etc.
Wel
Re:Article summary is a little misleading (Score:3, Informative)
that were played on the PA system. If they did not have a license for public performance for those songs, they would be contacted
by ASCAP or BMI.
You can contact those two organizations and pay for a license for public performance of songs who's music rights are owned by their member artists.
To quote their web site: "And with one license fee, ASCAP saves you the time, expense, and bur
Re:Article summary is a little misleading (Score:5, Insightful)
"It does not matter how the song is performed. Be it a live band, radio, CD or tape, the music user must have the permission of the song's owner to perform it in their place of business."
That one..."radio"...blows my mind.
I would think that the act of broadcasting the song from a 50 kilowatt transmitter is already a public performance, and requiring a any sort of additional license is double-dipping. "We want you to pay us for the right to transmit the music, and we want you to pay us for the right to receive it."
Does this seem like charging a toll at both ends of a tollbridge?
Re:Article summary is a little misleading (Score:3, Interesting)
Re:Article summary is a little misleading (Score:3, Informative)
Check out this [howstuffworks.com], and this [ascap.com].
Re:Article summary is a little misleading (Score:5, Interesting)
This appears to be, from the article, a specific license tax on just those who utilize digital delivery systems.
Re:Article summary is a little misleading (Score:2)
I'd be interested to see the actual wording of the regulations here. After all, a CD is a digital version of the music. How do they decide when you need to pay and when you don't? OK, so you've got an MP3 or Ogg Vorbis copy on disk[1], and the article implies you need to pay the fee. But what about if you've got a FLAC version? What's the difference between playing the CD, and playing exactly the same bits from a hard d
Re:Article summary is a little misleading (Score:2)
Isn't that like having a law that makes it illegal to pick your nose in private? It's a completely unenforceable law. Might as well make it illegal to dance naked in your bedroom with the drapes closed.
Gotta love silly lawmakers.
-Z
It's a very unreasonable license (Score:2, Insightful)
Additionally, DJs do not need to pay the liscence if they are playing from CD or vinyl.
And that's exactly what makes this such a questionable license. What does it matter how the DJ plays the music? The point is that music is being played in a club (or wherever). It makes sense that royalties should be paid for that, no matter what medium the music is stored on. It does not make sense to crack down only on mp3s.
To me, this doesn't sound like a reasonable license, but like "cracking down on mp3s where
Re:Article summary is a little misleading (Score:2)
What if they are playing a digital track off a CD that is inserted in a computer?
...also a touch misleading... (Score:2)
The situation in the UK (Score:5, Informative)
I help run a large dancing club in the UK that regularly deals with PPL and such. Sorry, but the parent post is completely wrong on several counts.
Even to play the original media at public classes and special events requires a licence here if you don't hold the copyright. We submit a form to PPL each year, basically describing the number of hours of music we'll be playing that year, the venues we'll be using, and what the tracks we'll be playing are. (These are necessarily approximations, and FWIW this has never caused us a problem, not that that means much these days.) We then get told how much we have to pay for the rights to play the music as requested. This is not a flat rate, so I have no idea where the figures quoted by others in this discussion have come from.
This is a wholly separate issue to format-shifting, which is illegal by default under UK copyright law. Just because you've bought an MP3 player or your laptop has media playing software doesn't actually give you the right to put any of your CD collection on it, and copying a CD onto tape to play in your old car cassette deck is against the rules. No, I'm not kidding. I haven't read the latest PPL guidelines that apply here yet, but I'm guessing (as in, check it yourself before you rely on it!) that this licence actually covers the format-shifting required to get the material onto the other system. It may or may not cover the same things as the regular PPL licence as well, but I'm guessing not if it's a flat rate or everyone would be doing it (our PPL "contribution" is well over £200 per year).
If you're in the UK and think that charging for a CD, charging for the right to use it in public performances, and charging a significant amount to play the music you've already paid for to an audience you've already paid for, then you might like to consider contributing to the Gowers review [hm-treasury.gov.uk] of UK IP law when it starts consulting in Febuary 2006.
Disc Jockey or Mixing Artist? (Score:5, Insightful)
I don't understand why they would have to pay royalties if they're mixing from mp3s when they had to pay for it.
Here's an example. Let's pretend I'm DJ Dangermouse [illegal-art.org] and I bought some Beatles vinyl that I like to mix into my songs. Now, it shouldn't be a problem for me (Jay-Z) to get up there and mix these songs together. But if I put them in an album and make serious dough off of it, I'm in for a ride in the court system.
I've always been under the impression that it would be fine to perform this live and play it for an audience but once you try to sell it as a record, you're going to face some serious liabilities. I've been in bands that have covered Coldplay, Radiohead, The Beatles, Beck, The Pixies, etc. and we've never got in trouble for playing them live at crowded bars. In fact, when you start out, it's advised to include about 50% originals and 50% covers so that the music is accessible to anyone who might be there just for a drink.
There's a lot of studying to be done [princeton.edu] if you want to fully understand how sampling works with musical copyrights but up until this point, the only litigation I have seen is often brought up in instances of recordings [ivanhoffman.com].
Here's [vanderbilt.edu] a straight forward article containing: In the old days, artists used to smile and feel appreciated when they heard their music being played live. It was a sign of admiration. They only sought legal action if the song was recorded and money was made.
If you're a DJ who plays songs for weddings and events, then you probably should have to have a license to do so. But if you're a musician who just spins tracks together, it seems kind of ridiculous. I guess the license isn't that big of a charge if you're selling out venues.
Re:Disc Jockey or Mixing Artist? (Score:2, Interesting)
So, if you apply the idea of a patent in the business world to the music world, you can see where the problems are. A musical idea is something that a person can claim to own. So, if a "mixer" comes in and samples more tha
Re:Disc Jockey or Mixing Artist? (Score:2)
Agreed. This is the same as calling someone in a cover band a songwriter or composer (no offense to the GP, every band covers someone else at some point).
Re:Disc Jockey or Mixing Artist? (Score:3, Insightful)
Re:Disc Jockey or Mixing Artist? (Score:2)
Re:Disc Jockey or Mixing Artist? (Score:2)
So do you also think that collage is not a form of art, merely because it involves a visual artist taking elements of other works and combining them into something else? What about work like Lichtenstein's paintings of com
Re:Disc Jockey or Mixing Artist? (Score:2)
is point is people who do thjis aren't musicians. and they aren't
I think it's hard and requires talent, but they are not Musician. In fact, most of the ones I have met don't like being called musicians either.
Re:Disc Jockey or Mixing Artist? (Score:4, Insightful)
Re:Disc Jockey or Mixing Artist? (Score:2)
I wasn't debating art or not. I find offense in calling someone a musician who simply takes the works of others and splices them together. Call them something else, but not a musician.
"This is remarkably wrong
Re:Disc Jockey or Mixing Artist? (Score:2)
So you wouldn't call Elvis Presley a musician? What about blues legend Robert Johnson? What about artists who use keyboards and samplers instead of turntables to "splice"? At what point do you decide one is just "splicing" vs. "creating" when the artist is working with the medium of ideas used by other artists? Why is the
Re:Disc Jockey or Mixing Artist? (Score:2)
Re:Disc Jockey or Mixing Artist? (Score:4, Insightful)
Re:Disc Jockey or Mixing Artist? (Score:3, Insightful)
Re:Disc Jockey or Mixing Artist? (Score:2, Interesting)
False analogy. I do not know the full intent of the grandparent poster; but he did not claim that D.J.s are not artists, just that they are not musicians. Musicians are subsets of the set "Artists." So are painters. And a collage artist is a graphic artist. But he is not a painter, because he takes other media and rearranges it. Likew
Re:Disc Jockey or Mixing Artist? (Score:5, Funny)
And don't get me started on that hair. You call that a haircut? Back in my day we'd have kicked his scrawny ass across town just for laughs. And those clothes, don't tell me their mothers let them out of the house like that. Where I came from we'd have something i dont know what were we talking about?
Hell no, for me it's strictly Glenn Miller playing The Way Things Used To Be.
Re: (Score:2)
Re:Disc Jockey or Mixing Artist? (Score:2)
Re:Disc Jockey or Mixing Artist? (Score:2)
What I mean to say here is that this problem is not even remotely new. Composers and songwriters have been stealing music from their peers since the dawn of "recorded" music (that's recorded as in "writte
Re:Disc Jockey or Mixing Artist? (Score:2)
I used to think I was impressed by Grandmaster Flash, DJ Shadow, DJ Qbert and the like. I used to think that the fact that there is a system of musical notation being developed for turntablism was pretty awesome. I used to think that someone who thinks of a way to combine dozens of sources into one cohesive song had actually accomplished something creatively and musically worthwhile.
Re:Disc Jockey or Mixing Artist? (Score:2)
Look, call them something else. An "arranger", a "mixer".
Re:Disc Jockey or Mixing Artist? (Score:2)
Did you sell tickets to this event? If so then you just charged someone to hear that music.
Do you get anything of value at this event? (Score:2)
Re:Disc Jockey or Mixing Artist? (Score:2, Insightful)
I think that the bar owner has to pay a fee to a licensing agency like BMI if they play music in the bar, which I believe is inclusive of your band playing cover songs. I'm not
Re:Disc Jockey or Mixing Artist? (Score:2)
The same reason radio broadcasters have to pay fees for playing a song on the air. When they purchase the music, they purchase it for themselves. Apparently the industry thinks (and have twisted the laws in support) that if you play the music for someone else, you need to pay them for that too. No free rides!
Unfortunately...I really think they chose the wrong group of people to go after. I
Re:Disc Jockey or Mixing Artist? (Score:3, Informative)
Re:Disc Jockey or Mixing Artist? (Score:2)
Bizarre? (Score:5, Insightful)
I don't think so (Score:5, Informative)
Re: (Score:2)
Re:I don't think so (Score:2)
Wrong (was Re:I don't think so) (Score:2)
Re:I don't think so (Score:5, Interesting)
There is no fairness, it is merely a way to "hurt" the digital music market and grab more money. Nothing more...
Re:I don't think so (Score:2)
Not quite. The situation here is that the DJ has bought the CD and has the licence to broadcast it. However, if they copy that CD to the hard disk, they have to pay an extra 200 quid to play it from there. The music is the same, the DJ has broadcast rights, but they have to pay extra to carry their collection around in a more portable format?
DJ plays CD, fine. DJ pla
Re:I don't think so (Score:2)
Parent: If you buy a CD through the normal channels, you have no right to do public performances. So the situation is the same for CDs and MP3s here.
TFA: He said the £200 charge was "reasonable", adding: "You don't actually have to DJ using a laptop. You can use vinyl, you can use CD, so we're saying that if it's not worth your while spending £200 then don't
Simple solution (Score:2)
I'm sure it's even more restricted in the USA (Score:2, Interesting)
Re:I'm sure it's even more restricted in the USA (Score:5, Informative)
Re:I'm sure it's even more restricted in the USA (Score:2)
Re:I'm sure it's even more restricted in the USA (Score:3, Informative)
As I tell them ever year when they show up at my doorstep with a "bill", threatening to take me to court: "Blow Me"
The songs are sent out over the radio for free. If they don't want me using the radio, then they had better come here with a bigger gun than the one I have, or stop broadcasting their songs over the free airwaves.
Or they can blow
Re:I'm sure it's even more restricted in the USA (Score:2)
Yes yes, you can be anal about 'public' but I think you know what they mean.
Also, if you open a bar that allows someone to play live mi=usic, you have to pay a fee in case someone plays a preexisting work.
Out of touch (Score:5, Insightful)
Re:Out of touch (Score:2)
If you're a "DJ" and your equipment consists of an iPod, I'm guessing you're not exactly a professional.
Re:Out of touch (Score:2)
Re:Out of touch (Score:2)
"Unwittingly"? (Score:3, Informative)
Re:"Unwittingly"? (Score:5, Interesting)
-Rick
Re:"Unwittingly"? (Score:2)
Wisdom on how to deal with this (Score:3, Insightful)
When dealing with government, or any type of bully - history has shown that it always better to ask forgivness than permission.
Re:Wisdom on how to deal with this (Score:2)
The problem of this argument is that the government may not forgive. And it is not subjected to (almost) any economical pressure, just political ones. That makes it increadibly hard to see in advance how it will react to your act.
Real DJ's (Score:2)
fsckin bs (Score:2)
Re:fsckin bs (Score:2)
For that matter, if a major-label artist who holds the public performance rights but does license through the rights agency gives you permission to perform without paying royalties, that's legal, too. But you probably want to have it in writing in case the rights agency tries to come after you.
sure, I'll say it (Score:5, Funny)
Well, maybe not, but the pun was too good to pass up.
Fuck it. Who cares? (Score:5, Insightful)
I have completely given up on the idea of trying not to be a music pirate. I mean.. what's in it for me if I listen to every record labels' guidelines for their ideas of 'fair use'? They tell me I'm not even allowed to put my songs on an Ipod.. even though the law says it's my right.
I don't care any more. I think most people are like me.. Who gives a shit if the music industry as we know it (an oligopoly of a few huge conglomerates) starts to fail because people no longer give a shit about paying for music? They're just a bunch of people with too much money whining about how industry evolution is limiting their control.
From what I've read... The consumer likes to download music, most artists like you to download their music and spread it around, most artists would enjoy the face time a dj provides, and most artists make the majority of their money with live shows. Who hates music piracy? The labels, lawyers, and other losers.
So.. fuck them. Just ignore all this shit and it'll blow over. You can't make money forever when all your customers hate you.
Hey DJs.. just play your damn music and FIGHT it in court if you get 'caught'. Your chances are pretty damn slim.
The best way not to be a music pirate... (Score:3, Insightful)
Re:Fuck it. Who cares? (Score:2)
Re:Fuck it. Who cares? (Score:3, Informative)
That may be the case where you are, but technically here in the UK (which the story is about) I believe that actually is illegal. As I read the relevant statute, we have no right to format shift or even to create a backup of a purchased copyrighted work. Specifically, there is no "fair use" clause; there is something about "reasonable use", but it's rather poorly defined. I don't suppose that anyone's ever
A Fitting Song (Score:5, Funny)
Who plays what he wants to play
And says what he wants to say
Hey hey hey
There goes your freedom of choice
There goes the last human voice
There goes the last DJ...
That's from Tom Petty's "The Last DJ," totally from memory. Hope me remembering the words to the song doesn't break someone's copyright.
Re:A Fitting Song (Score:2)
Re:A Fitting Song (Score:2)
Re:A Fitting Song (Score:2)
Re:A Fitting Song (Score:2)
That would be John Peel [wikipedia.org], then. Sadly missed :(
Cash grab.. (Score:3, Informative)
In Ontario it's illegal to play music in a public place without a licence, live or otherwise
Performances of music in public, i.e. offices, stores, etc., require a licence. This licence is necessary whether the music is performed by live or recorded means.
Society of Composers, Authors and Music Publishers of Canada (SOCAN)
Re:Cash grab.. (Score:2)
ROFLs @ Idiots (Score:4, Insightful)
Great business move IMO. Cheerios!
Pound of flesh (Score:2)
These guys really want their pound of flesh don't they? After buying the CD and a license for public performance they want more so that you can publicly perform it from a different source. What if you play some as oggs and some as mp3s? Do you have to play twice? Lets just hope that with the easy distribution that the Internet provides more bands will go solo.
Whatever floats your sinking boat (Score:2, Insightful)
This shouldn't apply to all DJs (Score:2)
Not all DJs are playing music by RIAA or PPL artists or the equivalent of that in the UK, and if they are they should just boycot those artists and record companies.
Many DJs playing electronic music often play their own tracks, or their friends tracks, or some unknown music producer or some local music producer who isn't going to be angry that his tracks are being played in clubs. And what about vinyl? It said only digital but it's just a different medium?
This includes legally-purchased downloads, which
Re:This shouldn't apply to all DJs (Score:2)
Actually, here in the US anyway, I believe it's ASCAP and/org BMI that licenses the playing of prerecorded music. You are correct that any original work by the DJ, or uncopyrighted/indie work may not require a license. This seems to be an issue with podcasting as well, since they are considered a 'broadcast' type media by ASCAP and BMI. Mo
What if? (Score:3, Interesting)
What if a UK citizen starts a radio station hosted in the US? Does he have to pay?
This is just another example of how the Internet was not meant to exist in a world with borders.
DJ Mix Artist (Score:4, Insightful)
Imagine trying to secure the rights to display a Renoir [ibiblio.org]!!
Or a musician who uses samples. Would it be legal today for the Art of Noise to produce their music? IANAL
PPL is basically saying..... (Score:2)
What, what?! (Score:2)
THEY WANT 200 POUNDS TO LET A DJ PLAY HIS MP3S?!
Oh, wait a sec. That sounds absolutely fair. DJ's have a TON of music, and they probably make that back in one night. ASCAP/RIAA, you aughta take a look at these guys for a model.
clarification (Score:2)
Really it's a license to wear your hat backwards.
Same deal in Canada (Score:5, Insightful)
Not only that, but songs from certain artists may not be copied, even with the license. Here's the list. [www.avla.ca] Wanna spin some Paula Abdul from your iPod? Sorry, you're SOL.
Boardroom Discussion (Score:2)
"Well, sir, the profit margins on downloaded music are very slightly lower than CD or vinyl media. Perhaps we could make the downloads more expensive."
"No, that wouldn't work. We're locked into a contract with Apple, and those filthy pirates would just stop downloading anyway. Hmmm. Is there a way we can get people to pay more for downloaded music without charging them more?"
"Hey, I know! We'll tell all the DJs that in order to
Not just DJs (Score:2)
Had to post about this thread... (Score:5, Informative)
Do I play from my laptop? You bet your ass. When I need to go to the bathroom, or if I'm playing something I mixed myself, or if I get an obscure request to play something that I don't carry in my CD crates... I have digitized my CD collection onto my laptop for a backup. You never know when your CD that you've played 400 times is going to crap out on you -- even if it is the Electric Slide. *chokes self*
Sounds like a double-licensing scheme to me. Hmm How would they say it overseas, "Blimey! That's bloody awful!"
Xserv
A much more moronic concept than this is (Score:2)
That's because (Score:3, Insightful)
Just because _you_ didn't personally pay for the license doesn't mean it wasn't in place.
The TV licence fee (Score:3, Insightful)
With which they fund the BBC, a widely respected media organisation about which most foreign citizens can only have wet dreams.
And it only applies if you have A/V equipment capable of actually receiving and displaying broadcast TV. If your TV is detuned and not connected to an aerial because you only use it to watch DVDs and play computer games, you don't have to pay a licence fee.
T