Indaba Music // Blog
Monday November 12, 2007 at 04:57 PM |
A conversation started in the Berklee Music Contest that we decided to move to our blog for two reasons: First, this seems like a more appropriate venue for this type of conversation (contests should be about the contestants), and second, we would love to hear opinions from the entire community about this topic, as ultimately we are building this platform to serve you.
So without any further ado, here is a *summary* of the thread that got things started.
Mic Mell: I think there's a limitation on use as part of the terms of the contest. I'm not sure we're allowed to even broadcast the tracks outside of Indaba, let alone give it away. Moderator, can you weigh in on this?
Indaba: Thanks for the question. We're excited that the mixes are so good that everyone wants to download them! Unfortunately, we didn't include download functionality for this contest, although we will keep it in mind for the future. Allowing everyone to download every mix is not something that we can do retroactively because we have agreed to the terms and structure of the contest with Berklee, Greg Osby, Joe Lovano, Chris Han, and the other musicians involved. The contest terms stipulate that you can certainly promote your own mix elsewhere as long as you give proper credit to all musicians and it is for non-commercial purposes. However, none of the music may be used for commercial purposes. This was the only way all parties generously agreed to compose and record all the tracks for us to use. These terms can change with any new contest and it's very helpful to know that there is such an interest in downloading the files. Thanks for your involvement and support and we hope you understand where we are coming from here.
Dr Xnlb: Seems like a very backwards contract. Old Media thinking leads to DEAD communities. Next time, work a better contract, or don't do a contest like this. Makes you, and Berklee seem way behind the times. Wise up. Its a remix culture. No one can own the music. Even if you create it. You try to and you will die out like the "Big 4" are doing right now.
Dan Zaccagnino: dr xnlb - I have to say that all of us at Indaba respectfully disagree (pretty strongly) with your comments, although we welcome them. I'd like to hear what anyone else has to say about this. We thought it was pretty clear from our previous comment that you can share the music you've created with others for non-commercial purposes, which we wholeheartedly support. Suggesting that because we live in a "remix culture" it means that people should be able to sell remixes for personal profit without permission from the original artist feels very wrong to us and over-simplifies the challenges that all music creators are facing in a digital world. Moreover, I believe the Indaba community is one of the most progressive music communities out there. Those of us who work here spend all day thinking about where music is, where it came from, and where it is headed and I think our platform, and the community that has grown around it, is very innovative. Berklee is one of the most forward thinking music education institutions in the world and one of the only ones that teaches contemporary music and updates its curriculum to stay current. Again, I appreciate your perspective but would like to hear what other people think about this, although if we prefer to be positive and get back to talking about the submissions I'd feel good about that too.
Arnold Hugo Stolting: This topic of wether the remixes can be sold for profit and or shared etc could become a very interesting and active topic. Ofcourse If everyone starts to give their opinions, then ofcourse someone else may have another opinion as well. In order to delve into the issue the right way and to keep the conversation flowing properly without wars, one would have to keep it less opinion based and more factual according to current laws involving music and doing business. Allot of this issue can be addressed if one looks at the contract one signed when agreeing to do a remix for this track. If Indaba posted terms and conditions before you entered the contest, then you could look at those. However, as it has always been the case in the music business, people sometimes later on feel that they signed either a bad deal, or agreed to work on something thinking they were going to get a bigger chunk of income etc. Many cases could then end up in a court of law and depending on current laws this could end up determining what can and can not be done with a finished remix. Let's take Jolynns remix for example, She added her own lyrics to the track which added whole new life to what used to be an instrumental jam session in the key of G. This could have a very interesting result should the original composers choose to market and profit from Jolynns version. This is because Jolynn may decide to claim to have written the lyrics to the song and under normal circumstances could be found entitled to a percentage of songwriters royalties. Again, this would all depend on wether she signed or did not sign a contract with Indaba stating that her contribution would become property of the website, or not, etc. Also, if indaba decided together with the composers to market my Jazzy Reggae Remix, and because of that particular mix they were able to get radio airplay on not just Jazz Radio stations but commercial radio stations as well, or let's say I went to a movie next year and in the scene I heard my Smooth Jazzy Reggae Remix playing in the background in the bedroom late at night while the character was making sweet love to someone, (ok I'm getting sidetracked) well then well then ofcourse I would have a few questions about what I am entitled too as well. Again, unless Indaba had everyone sign some sort of contract stating that whatever is submitted, you lose any and all rights to, I think every situation would have to be dealt with on a case by case basis. Now to further respond to Dr xnlb and Dan Zaccagnino. Lets all do some research on remix agreements, and also on the different types of licenses that can be granted when offering to hold a remix contest, or when entering one. (creative commons,etc) You will find that many agreements can differ depending on the original creators intent. I remixed a Barenaked ladies track and have the separate takes such as the guitars, the vocals, the drums, etc all on my hardrive which I used to remix their "Easy" song. Do I own those recordings and can I market them for profit? Ofcourse not. But my remix I did for them (see my profile) I can share for example on this site. However NOT sell it. Only their Record label can make it available for sale (part of the deal). Now had I signed a deal that stated that I could sell it myself, then the contract would have stated that. Indabas recent response to the topic of sharing was that "The contest terms stipulate that you can certainly promote your own mix elsewhere as long as you give proper credit to all musicians and it is for non-commercial purposes. However, none of the music may be used for commercial purposes." So that should be pretty clear for most of us to follow ? Should I or anyone who did a mix wish to do anything outside of those terms, I personally would suggest to simply contact indaba and or the composers etc and discuss the details of your proposal. Anyone else have any input on this? Arnold Hugo Stolting.
Mic Mell: Regardless of what we can or can't do with the remixes, I learned a ton form this contest, and it's been a pleasure to hear the musical diversity represented in this contest. Biggest thing I learned: Master a track before submitting it. I'll be posting mine on my blog.as soon as the contest ends.
dr.xnlb +: Dan, you completely missed my point. If you had licensed the work specifically in that way (Creative Commons) then there wouldn't be any question. No one said anything about personal profit. If the work is still copyrighted under the old, antiquated regime, then you are supporting it. If you want to consider yourself forward thinking then, start to walk the walk.
any and all thoughts on this matter are welcome!
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