First of all, the film RiP! A Remix Manifesto deals with the issues that surface when a mashup artist dances with copyright law. This documentary is great. Watch it here.
To narrow it down, this video deals with mash-up culture and copyright issues. It features the artist, Girl Talk, who creates music by mixing together snippets of other songs. Which, by copyright law, is perfectly acceptable to do in your own home if a) you paid for the music tracks used, and b) it is for your own personal use. Issues arise when Girl Talk performs at an event (which is, of course, the goal of any musician!) and has not received permission to use these songs from the artists/recording companies. Therefore, Girl Talk's performances are violating copyright law.
Why doesn't Girl Talk just attain the copyright for those songs?
Heh heh.
The issues with copyright is that for Girl Talk to legally perform his mash-ups, he has to gain permission for each and every song that he plays. It's difficult to get permission from the record label, particularly if the company doesn't believe they have much to gain from their music being played in this context. For Girl Talk to license an entire set, he would have to cough up millions of dollars. Another factor? He's not a DJ, he does a lot more than press play on his computer. These songs have been stripped down and completely changed. A lot of the original songs are almost unrecognizable, and there are only pieces of it in an entirely new context.
The question is, where is the line with copyright and mash-ups?
This video provokes thoughts from both sides of the equation. It really shows Girl Talk's creative process in creating his mixes (again, watch RiP!!). Mashups differ from other performances because the process is really more important than the final product. Girl Talk may be using other people's work as a starting point, but the final product is his own art-- it's like a music collage of found songs, but presented in a way that is different than the original artist. However, the fact that this is illegal raises the question: is art off-limits? And if it is, how are artists supposed to be free to riff off of ideas and become inspired if they are terrified of being sued?
It's copyright vs. copy-left. Should art be public domain, and free to feed creativity? Or is copyright law something that should be enforced, the way it is now?
On one hand, copyright law can severely limit creativity. And where does copyright law end? If songwriters start licensing their music and chord progressions, the music wheels are going to stop turning pretty quickly. People can argue that a healthy public domain is essential in order for artists to feel free to create. North American laws in particular are strict and manipulative for profit: a good example is the "Happy Birthday" song. The original writers are long dead, but the copyright has been passed into the hands of a company. Therefore, the company makes money every time this song is played on stage, screen, or online. This kind of copyright law only serves to profit companies, and doesn't help the artists at all.
But on the other hand, copyright is important. Musicians, writers, and other artists work hard to create, and they deserve recognition. To put all art into the public domain can be seen as a way to put all artists out of business, because that is to say their art is worth nothing. Copyright laws preserve an artist's integrity and originality, and also gives them the recognition they deserve. Artists deserve to make a living for their work! No one would walk up to a doctor and say "you should treat all your patients for free, because everyone deserves health care and procedures at no cost."
Copyright law and ethics apply to many types of art and science: code, writing, graphics, music, film, etc. It is important for people to be educated on the topic, to avoid breaking the law. However, I believe it's also important for us (new generation of artists) to consider the line where copyright and creativity intersect.
There are a lot of questions in this post, and not many answers. Comment your thoughts below!
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