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Give Me My Song Back!
The U.S. House of Representatives, on Tuesday, passed a bill aimed at offering musicians the ability to reclaim ownership of their old recordings from the record labels.
Last year, Congress sneaked in a provision, on a completely unrelated bill, that changed a law regarding the ownership of old recordings. Pressured by the ever-loving Recording Industry Association of America (RIAA), Congress rewrote things so that, basically, all sound recordings are considered “work for hire.” What this essentially meant is that the artist has absolutely no rights to reclaim their works from their record label.
Prior to this, 35 years after a song has debuted, the artist can reclaim ownership of the recording from their record label and do what they want with it. If they want to release the song on Scour Exchange or Napster, then they would be free to do so. Not anymore, however.
The screwed up thing about the addition of that statement was that Congress added it without one public hearing on the subject. Congress, as well as the U.S. Copyright Office, claim that they added it because they felt that they simply enacted into law what was already considered common practice.
“Hah,” said artists, who were highly upset and started a campaign to get this moronic change to existing law overturned. Don Henley, for one, believed that a huge potential loss in royalties would occur, and thus became one of the more vocal artists against this provision.
"We said from the beginning we did not intend to change the law and have worked diligently to assure that the issue of work for hire is resolved without prejudice to anyone's position," said Hilary Rosen, president and CEO of the RIAA. "The book needs to be closed on this issue so we can get back to a united industry on so many important challenges of the day." We all know that their stance is merely cloaked in a shroud of rhetoric, aimed at ensuring that they do not lose face. I tell you what; I definitely raise the bullshit flag on this statement!
The bill now moves on to the Senate, who is expected to pass it as well. Once passed in the Senate, the bill will then be enacted fairly soon thereafter, thus reverting the law to its former state. This would mean that musicians would be able to retain the ability to reclaim ownership, assuming that there are no contractual provisions stating otherwise. However, knowing the record labels, and what sticklers they are, they probably write this kind of crap (yes, it IS crap) into contracts all the time – to ensure that they can retain the ability to wreak the revenues generated from timeless classics.
Expect to see litigation on this, between artists and record labels, in the future…
User Comments
(These do not necessarily reflect the beliefs of this site)
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milladrive
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Date: September 20, 2000 @ 4:58 PM
"The book needs to be closed on this issue so we can get back to a united industry on so many important challenges of the day." rofl.
"...back to a united industry..." She means back to a state where good little artists and songwriters just do as the big Hilary says. Why can't she see that so many people have so many issues w/her, and that she can't just "close the book" on them without resolving them to the satisfaction of those concerned?
Btw, anyone w/a decent entertainment attorney would have the kibosh put on a clause like that. Hehe, can we sue said attorney for lost income if that clause is overlooked? :) |
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jark
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Date: September 20, 2000 @ 5:35 PM
True on the attorney things, but the fact remains that the record label just would not give you a contract unless you agreed to one with these provisions. |
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milladrive
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Date: September 20, 2000 @ 7:09 PM
I see your point. I guess we'd have no choice but to agree to it ... at least for the first couple of contracts, anyway. ;) |
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Anonymous
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Date: September 20, 2000 @ 11:35 PM
Actually...this provision was slipped into the bill in the middle of the night by some congressional flunkie who now works ~drum roll~ for the RIAA! (surprise, surprise!)
And people wonder why I think the RIAA is a scumbag orginization with a whore as it's president!
On your back and spread those gams, Hilary! |
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Anonymous
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Date: September 22, 2000 @ 2:22 PM
Artists are now finding out that so called "free mp3s" are actually great advertising and costing them much less than the recording industry and the RIAA.I expect to see a growing trend of musicians useing the web and mp3 format to make money and bypassing the fat cats altogether :).already happening! DjCrAzy(dalnet irc) |
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Anonymous
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Date: September 23, 2000 @ 3:52 PM
35years? About time for fantasy records to loose all of the rights to the Creedance Clearwater Revival catalog. Would there even be a fantasy records without that? Just how many GAZILLION CCR records have been sold since the late 60's? Has anyone EVER heard of any other band on that label? I know they screwed the living dogpiss out of John Fogerty and group when it comes to royalties. I would love to see him get his comeuppance over these rape and pillage scumbags! I hope they set the law right again. |
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Anonymous
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Date: September 24, 2000 @ 3:20 PM
why doesnt someone fire that bitch or better yet put a bullet in her head? i would love to see a disgruntled band go after her lol! |
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