What is a Copywright?
Copyright is a form of intellectual property that helds regular progress of authorship as long as the owner solves their work in a tangible type of expression. In copyright law, many different forms of work including musicians, film makers, scriptwriters, and others. Copyright is obstructive of the music industry. It involves music possessors, writers, merchandisers to develop and pursue a career to provide any creators of their discographies as an requirement to copy their work towards their own music.
Copyright Criminals (2009)
Copyright Criminals is a 2009 documentary film that focus on the idea of sampling. The music industry lawyers tolerated the situation which they classified their clients as stealing and considered their work as a copyright infringement. It testifies the development and marketing value of sampling such as passion, copyright law, and record selling. This film involves a lot hip-hop icons including De La Soul, Digital Underground, and Eclectic Method. The media technology made a huge influenced in the music industry because it connect between the lines to music producers and consumers to reflect on how to use sample as a technique to gain commercial success.
Media Oplgopolies in the Music Industry
According to Richard Campbell explained about Media Oligopolies on the Media In Society book. “Older media industries like film and music are in the hands of a few corporations; this environment is defined as an oligopoly. In an oligopoly, a handful of firms dominate a market or industry. (Campbell et. al. 2014, p. 184)”
Campbell mentioned how does the media corporations took over the music industry. “The development of Internet file-sharing and illegal downloads and Apple’s new business model (charging 99 cents, at the time, to download a song) put a dent in the old model, but the remaining four major music companies remain both in control and mutually interdependent, at least for now. When powerful corporations like these cooperate, they can act like monopolies, work together to lobby for positive governmental policies toward their industry, and thus thwart most potential competition. Nothing unites a media oligopoly more than a threat from the outside. (Campbell et. al. 2014 p. 185)”
Campbell mentioned how does the media corporations took over the music industry. “The development of Internet file-sharing and illegal downloads and Apple’s new business model (charging 99 cents, at the time, to download a song) put a dent in the old model, but the remaining four major music companies remain both in control and mutually interdependent, at least for now. When powerful corporations like these cooperate, they can act like monopolies, work together to lobby for positive governmental policies toward their industry, and thus thwart most potential competition. Nothing unites a media oligopoly more than a threat from the outside. (Campbell et. al. 2014 p. 185)”
Music Plagiarism
Why music plagiarism is an enormous topic in the business?
Music Plagiarism became an enormous topic in the music industry. The legal test for music plagiarism stated that reviews a minimal spark of the development on the original work that could lead to copyright such as melody, chord progression, rhythm, and lyrics. In the legal test, people who sued for copyright infringement needs to find two parts of music plagiarism: access and substantial similarity.
According to Lawyer Drummer, "Access – that the infringer had heard, or could reasonably be presumed to have heard, the original song prior to writing their song; and Substantial Similarity – that the average listener can tell that one song has been copied from the other. The more elements that the two works have in common, the more likely they are substantially similar."
What generates the music industry?
Music plagiarism lawsuits in the music industry generates a lot of attention, therefore, it became very similar in technology era which "sampling, snipping and outright stealing parts of songs" became very difficult. There are two songs that that tolerates music plagiarism: Make It Happen, and I'll Be Missing You.
Make it Happen
Make It Happen is an 1992 uplifting inspiration song which was by an American singer-songwriter, Mariah Carey which appears as third and final single from her second studio album Emotions (1991). She worked with the production duo David Cole and Robert Clivillés from the C&C Music Factory that is known for their smash hit Gonna Make You Sweat (Everybody Dance Now). Make It Happen debuted at number five on the Billboard Hot 100 which became Mariah Carey's fifth top five in her career.
According to the Billboard magazine, Make It Happen sampled Alicia Mayers's 1981 I Want to Thank You which Kevin McCord who wrote that song sued Carey, Cole, and Clivillés and Carey's record label Columbia Records for the Copyright Infrigement lawsuit in June 1994. Kevin McCord inculpate the party in the incorporations of the musical elements as he filed a complaint that he wanted viewers or readers to listen to song carefully to understand how Make It Happen became similar to I Want to Thank You.
"If you listen to the chords at the beginning of the song, the similiarly is obvious," said McCord. "It's the exact same chords in a different key. I know it's gonna happen."
Consequently, the powerhouse vocalist put her voice out to make a huge step to refuse the lawsuit. Carey insists McCord that he does not have enough evidence to sue her, however, McCord's attorney approved that she and her team sampled his song to adapt their claims. She kept the copyright infrigement as false. McCord explained that he rejected the settlement provide to Carey's team.
According to the Billboard magazine, Make It Happen sampled Alicia Mayers's 1981 I Want to Thank You which Kevin McCord who wrote that song sued Carey, Cole, and Clivillés and Carey's record label Columbia Records for the Copyright Infrigement lawsuit in June 1994. Kevin McCord inculpate the party in the incorporations of the musical elements as he filed a complaint that he wanted viewers or readers to listen to song carefully to understand how Make It Happen became similar to I Want to Thank You.
"If you listen to the chords at the beginning of the song, the similiarly is obvious," said McCord. "It's the exact same chords in a different key. I know it's gonna happen."
Consequently, the powerhouse vocalist put her voice out to make a huge step to refuse the lawsuit. Carey insists McCord that he does not have enough evidence to sue her, however, McCord's attorney approved that she and her team sampled his song to adapt their claims. She kept the copyright infrigement as false. McCord explained that he rejected the settlement provide to Carey's team.
Original Work
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Sampled Work
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I'll Be Missing You
I'll Be Missing You is an American rapper Sean Combs released it as second single from his album No Way Out in 1997. It featured American R&B singer Faith Evans, and American R&B quartet, 112. The song became a smash hit and spend 11 consecutive weeks at the top of the Billboard Hot 100. Sean Combs, however, not only that he wrote and produced this song, he sampled an English Rock Band, The Police's 1983 hit Every Breath You Take.
The Permission did not provide Combs for sample. It would bring him to purchase out only 25% on the commission of music publishing. However, the copyright law, Sting, the lead singer of The Police, was eligible to lay affirmation to 100% of them. I'll Be Missing You sold seven million records and it received a Grammy Award for Best Rap Performance By a Duo or Group.
The Permission did not provide Combs for sample. It would bring him to purchase out only 25% on the commission of music publishing. However, the copyright law, Sting, the lead singer of The Police, was eligible to lay affirmation to 100% of them. I'll Be Missing You sold seven million records and it received a Grammy Award for Best Rap Performance By a Duo or Group.
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Original Work
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Sampled Work
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How does the Music Industry involved in their work to be successful?
According to Media In Society book, "music business oligopoly tolerates a certain margin of independence and outsider work in order to gauge trends and innovation, and independently run music labels have been increased success in the past decade (especially for the artists working for these labels) as the major-label system has been slow to adapt to technology change and online opportunity in the industry. (Campbell et. al., 2014, p. 187)"
Money for Nothing: Behind the Business of Pop Music (2001)
Money for Nothing: Behind the Business of Pop Music is a 2001 documentary film that draws the attention of musicians including Public Enemy’s Chuck D, Ani DiFranco , and Michael Franti discussed about how the music industry controlled a new wave of business construction through six media corporations to take over the industry.
Conclusion
As a music publisher, you need analyze the progression of copyright to obstruct the creativity. You need to review and reflect on sample to understand the impact of technology. You need to learn to observe how the media corporation tolerates the business. You need to learn about the play role of music plagiarism. These information would guide you to understand the legal system of the music industry.
References
Office, U. C. (n.d.). What is Copyright? Retrieved from https://www.copyright.gov/what-is-copyright/
Campbell, R., Jensen, J., Gomery, D., Fabos, B., & Frechette, J. (2014). Media in Society. Boston, MA: Bedford/St. Martins.
YouTube. (2019). Money for Nothing: Behind the Business of Pop Music (2001 VHS). YouTube. Retrieved November 21, 2023, from https://www.youtube.com/watch?v=Hy8wa71hj_k.
Copyright Criminals FULL MOVIE [Video file]. (2021, January 30). Retrieved from https://www.youtube.com/watch?v=5kN8hugndG8&t=791s
Copyright Criminals. (2021, May 20). Retrieved from https://www.pbs.org/independentlens/documentaries/copyright-criminals/
What constitutes music plagiarism? (n.d.). Retrieved from https://lawyerdrummer.com/2017/03/music-plagiarism-2/
(2019, February 14). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=Z-S3vZ9vEUE
(2015, August 11). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=keT7fXvERfc
(2019, April 15). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=-SaUrDhp034
(2015, May 30). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=1S5xRPZBMy0
Atwood, B. (1994, July 23). Carey and Sony Dispute C'Right Infrigement Claim. Retrieved from https://books.google.com/books?id=YAgEAAAAMBAJ&pg=PA12#v=onepage&q&f=false
Mariah Carey. (n.d.). Retrieved from https://www.billboard.com/music/mariah-carey/chart-history/hot-100
Puff Daddy. (n.d.). Retrieved from https://www.billboard.com/music/puff-daddy/chart-history/HSI/2
Lifton, D. (2014, January 07). Sting Earns $2,000 a Day Because Puff Daddy Didnt Say Please Back in 1997. Retrieved from https://ultimateclassicrock.com/sting-puff-daddy-2000-a-day/
Campbell, R., Jensen, J., Gomery, D., Fabos, B., & Frechette, J. (2014). Media in Society. Boston, MA: Bedford/St. Martins.
YouTube. (2019). Money for Nothing: Behind the Business of Pop Music (2001 VHS). YouTube. Retrieved November 21, 2023, from https://www.youtube.com/watch?v=Hy8wa71hj_k.
Copyright Criminals FULL MOVIE [Video file]. (2021, January 30). Retrieved from https://www.youtube.com/watch?v=5kN8hugndG8&t=791s
Copyright Criminals. (2021, May 20). Retrieved from https://www.pbs.org/independentlens/documentaries/copyright-criminals/
What constitutes music plagiarism? (n.d.). Retrieved from https://lawyerdrummer.com/2017/03/music-plagiarism-2/
(2019, February 14). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=Z-S3vZ9vEUE
(2015, August 11). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=keT7fXvERfc
(2019, April 15). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=-SaUrDhp034
(2015, May 30). Retrieved September 27, 2021, from https://www.youtube.com/watch?v=1S5xRPZBMy0
Atwood, B. (1994, July 23). Carey and Sony Dispute C'Right Infrigement Claim. Retrieved from https://books.google.com/books?id=YAgEAAAAMBAJ&pg=PA12#v=onepage&q&f=false
Mariah Carey. (n.d.). Retrieved from https://www.billboard.com/music/mariah-carey/chart-history/hot-100
Puff Daddy. (n.d.). Retrieved from https://www.billboard.com/music/puff-daddy/chart-history/HSI/2
Lifton, D. (2014, January 07). Sting Earns $2,000 a Day Because Puff Daddy Didnt Say Please Back in 1997. Retrieved from https://ultimateclassicrock.com/sting-puff-daddy-2000-a-day/