Contract Law and Music Copyright Essay

Vanilla Ice willfully sampled “Under Pressure” without their permission, which is a direct offense of copyright law. This type of infringement is equatable to stealing property (Moser & Slay, 2014). After a stern confrontation from the collective legal team, Vanilla Ice’s initial defense was incredibly weak: author J. Runtagh, for the Rolling Stone, states his defense makes this one of the most “hilarious” copyright cases ever. One could argue that a more appropriate course of action would be to take Vanilla Ice to court and have him formally charged with copyright infringement, as well as not allowing him to purchase all the publishing rights. Vanilla Ice’s nonchalant attitude toward the infringement lends one to believe he does not understand or care about his actions. Moreover, allowing David Bowie and Queen to keep their share of songwriting royalties and publishing royalties serves more appropriately as a settlement due to the fact that it allows for income to be pursued as long as the rights are

Is the (Defendant) Bobby Bandleader committing copyright infringement, by singing the song to his customers? Should the (Plaintiff) Johnny Singstealer be paid royalties from the (Defendant)

In this essay, you will read about an artist in the name of Robert Matthew Van Winkle, known professionally as Vanilla Ice who became famous for a while, not because of his talent, but because of the copyright of someone else baseline. He thought changing the rhythm of David Bowie’s “Under Pressure” baseline and not giving him credit would avoid him from any questions. In this essay I will provide you my opinion of Vanilla Ice’s song “Ice, Ice, Baby”as an example of plagiarism, with evidence provided of what he did wrong, and what he could have caused.

Kembrew McLeod, independent filmmaker and Associate Professor of Communication Studies at the University of Iowa, advocates for the revision of intellectual property law in regards to digital sampling in his article, Confessions of An Intellectual (Property): Danger Mouse, Mickey Mouse, Sonny Bono, and My Long Winding Path as Copyright Activist (McLeod 2014). The scope of McLeod’s research removes the technological determinant that precedes our culture. The author identifies the controversy surrounding the

Sampling is a technique that many artists have used for decades, when given the opportunity to record a new track. Sampling has transformed the music industry, by allowing an artist to broaden their horizons, and give people the ability to have a different outlook towards a particular song. Often times when a producer is trying to assist the artist or group, they will present the artist with many beats and mixes. Of the beats and mixes provided, a few of them may be a sample of another artist’s work. Often times when an artist or group admires the work of another artist, they will get their permission to sample their music and incorporate into the work that they are about to produce. Another reason an artist may decide to sample the work

Beginning at 0:09 in “My Name is”, Eminem uses sample appeared at 2:31 in “I Got the…” as a major rhythm for the whole song. Sampling is one of the most common elements in the hip-hop music. Sampling is the act of using recordings of other music in making new music. In the hip-hop music history, sampling is always a controversial topic legally and musically since sampling relates to the issue of the copyright of the music. Does sampling violate the other musicians’ copyright? Does sampling threaten the innovation of the music? Those questions are the most sensitive debates about sampling. Sampling begins in mid-1970s, when DJs mixed between particular parts of records, especially the breakdowns, to inspire dancers in the party. The technique, such as spinning and scratching the record while it played, can be considered as an early form of sampling in hip-hop music. In the mid-1980s, the primary use of “sampling” as a basis of the beat is a main shift in production. “La Di Da Di” produced by Slick Rick and Doug E Fresh is probably the most sampled song in hip-hop. Sampling has three “layers”, which are the sound, the reference and the intertextuality. The artist may use sampling to refer the older piece’s context or refer to other people’s use of the same sample. There are some famous cases regarding sampling in the hip-hop history. For example, “Pretty Women” produced by 2 Live Crew was sued for using Roy Orbison’s song. As a result, 2 Live Crew won on the basis

Over the past fifty years, the British Music Publishing industry has undergone dramatic changes. It has evolved as an entity with innovations in technology, changes and creations of laws and new mediums to promote and exploit songs to a wider audience. Therefore, the way in which the music publishing industry operates and exploits its assets has completely transformed, and continues to do so at a rapid pace. This paper will attempt to explore the ways in which publishers exploit song copyrights and the way in which this has changed over the past 60 years. It is important to define what is meant by copyright and its role within the industry. The Performing Right Society website states: “Copyright

The Copyright Act 1968 (Cth) seeks to protect individuals who have created original literary, dramatic, musical and artistic works. Sections 14(1) and 36 provide that copyright is infringed when a person reproduces a substantial part of another’s work without the license of the owner of the copyright. In 2010 the Federal Court of Australia considered whether the flute riff in ‘Down Under’ a song by popular Australian group Men at Work was a substantial reproduction of the iconic children’s song ‘Kookaburra’ composed by Marion Sinclair. This case attracted significant media coverage and public interest.

Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the

MP3 is an audio format that allows users to compress and send music files easily over the Internet. The major problem with this music sharing is that most of the files are pirated, which has caused a stir in the music industry. Music companies and music artists have been complaining about how their music is being stolen and therefore lowering their album sales. The major blame has been put on Napster and other file sharing software available on the Internet.

would give 100 £. The company then deposited 1,000 £ in a bank to show

Music licensing is certainly not the ideal solution to maintain the integrity of the art. Music licensing has created situation in which people actually have to pay to use folk songs such as "Happy Birthday" in certain circumstances. The company that owns the license to the song actually receives millions of dollars every year for a song that nobody knows who originally wrote. However, compensating artists for their works is a complicated endeavor and does not receive much public funding in a capitalist system. Therefore, even though the licensing practice may be counter-productive the art form and overly commercialized, it is a necessary evil that must be tolerated in modern society.

Contract Law Case Study Both the parties in the question have come to a problematic situation

The provision expresses the rights of the sound maker, i.e. what is not required is implied. The implication is that anybody apart from the marker is prevented by the Act to make reproductions without authority (Craig, 2011, p. 105). On 23rd of June 2015, the rules of regulating sound recordings were modified. The modifications were to the effect that unpublished sound recordings would last for fifty years after fixation. If the sound recordings are published before the copyright expires, the term application is seventy years before its publication or a hundred years from the date of fixation. Consequently, it also extends the copyright for musical performers works contained in the recordings (Craig, 2011, p.226).

Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.