But when it comes to copyright (ownership of the piece of music) and fair dealing (the DJ`s legality of using and publishing that piece of music in a mix) – it`s not peanut butter and jelly. We had an influx of DJs who sent us messages asking for fair dealing, copyright and music creation laws in venues. In today`s article, guest author Aden Russell prepared a solid refresher on the current state of copyright and sampling legal issues for DJs. To legally create a remix of copyrighted music, you must: This track is an attempt to explain why this „backlash“ is happening. Let me also say that I am not a lawyer (nor do I play one on television). I had my „facts“ checked by a lawyer (DJ, producer and copyright owner) specialized in copyright and intellectual property. Nothing I have proposed should be understood as legal advice. I`m just trying to explain to DJs in „simple“ terms why mixtapes and streaming of those mixes are being removed. If a label/artist that owns the rights to a song somehow discovers that you are using their songs in a stream and really wanted to take legal action against you, they would have enough reasons to start a case. Mixcloud is a legal DJ mix sharing service and live streaming platform, and Mixcloud Select allows DJs to charge their best fans a monthly fee in exchange for benefits. Establishing a system that coordinates rights holders in the name of legitimizing DJ mixes requires a Herculean feat. It also means that rights holders have to play ball. Many existing platforms have the resources to do this, but the record industry in general continues to disagree with DJs; At the same time send them free music to play in clubs, while DJs are actively excluded from distribution.
While more and more DJs are making their own edits, mash-ups, productions and mixes available online, the topic of copyright infringement has never been discussed so widely. If you have any concerns about copyright issues, let me start by saying that I am not a lawyer. As I said, I am not a lawyer and by no means a legal expert. That`s why I recommend you learn more about this topic, for example, whether remixing the music itself is illegal or not – this article on FindLaw.com is much more qualified on the subject. The main legal problem with remixes is that they are derivative works, suggesting that they are mostly derived from the titles of other music producers. Editor`s Note: This article does not intend to be legal advice, nor does djtt intend to give it, and the laws mentioned in this document may change after the publication of the article. Always hire a lawyer for professional legal advice. As more and more people hang up, perform live and make mixes available online, the topic of DJing has never been broached in such detail. Very useful article, it is difficult to find this kind of things on the Internet. I could also add that using Spotify music for mixing is illegal in most states, although I have seen people who do, but personally, I would refrain from doing so. My experience shows that record companies, especially in the field of electronic music, like to see their melodies played in DJ mixes because it provides exposure to the label.
An important difference between DJ mixtapes and retail pop music compilations is that retail compilations receive permits for the use of copyrighted songs included in the mix, whereas the DJ usually does not. As a result, mixtapes such as those produced and sold by club DJs are illegal. Most mixtape lovers assume that private mixtapes are a form of fair use, but this is not the case at all. DJs may be more concerned about copyright when they play promotional mixes or live sets and then post them online. All DJs must buy or download the tracks they want to mix legally, and some countries even require a separate digital license that allows them to play copyrighted songs in clubs. DJ mixes can contain between five and more than 50 songs, depending on the length and mixing style of the DJ. Do the math, which means hundreds of rights holders are involved. How to coordinate all these rightholders and apply the appropriate royalties and metadata? The facts are that, as the Copyright Act is currently enforced, the DJ`s ability to stream and share mixtapes is severely limited if you want to operate within the legal limits of the law.