Tuesday, September 9, 2008

Politics and Porn

 
I had a comment from my pal Jimi, and I wanted to share it:
 
I'm no lawyer obviously, but being a musician myself, I am interested in this as well, so I did a little research.  It seems that the composer and publisher often share the rights to music.  Artists don't always agree with publishers decisions to grant license.  This is where artists/composers have to be aware of their contract stipulations.  Some artists end up having almost no control over their music because they just sign a contract without reading or understanding the thing.  Most often copyright issues involve someone trying to pass off a song as theirs when it isn't or one artists song will have so many similarities to another that there will be a charge that artist stole it.
  
There is a provision for "Creative Control" and the issue of using songs, which is not the same as copyright infringement.  From Rob Carter at
http://www.songrights.com/control.htm as advice to songwriters:

Closely related to creative control is control over the way a song is used.  Carl Perkins was understandably concerned when his rockabilly classic "Honey Don't" wound up in a child rape scene in the movie "Prince of Tides."  Again, recognizing that the publisher needs maximum flexibility, specify the particular kinds of uses that are most likely to offend you and ask that you be given prior written approval of any such use.  Common limitations are X rated films, film or TV scenes involving sex, drugs, or violence, commercials for alcohol, tobacco, and guns and, of course, political commercials.

So, politics and porn are supposed to be off limits!  Hahahahahaha!!!  
 
 
Me again. I apologize if I seem to be stuck like a broken record, so to speak, on this topic, but after this, I promise I'll move on. I just figured that there had to be come kind of artistic control over how an artist's songs are used. Thanks to Sheria for explaining usage rights through ASCAP, to Ken for obtaining more information from ASCAP's site, and to Jimi for explaining the difference between creative control and copyright infringement. Apparently THAT was what was at the root of my concerns--there's no copyright infringement going on, but there does seem to be a creative control issue. So while an entity may have purchased the rights to a song, it all comes down to the contract between the writer and the publisher--if the writer has done their homework, they will make sure it is in their contract that their work may not be used in certain ways.
 
We've all read horror stories--well, if you've read stuff about music, you have--of young artists getting totally hosed by their record companies and publishers because they're so eager to sign a contract. In some cases, they've signed away all rights and royalties. I think most artists are a little more savvy today, but in the early days of music publishing, a lot of people got cheated out of what they were due.
 
So I think this puts to bed my curiosity about this topic. Time to move on to trivial stuff like, oh...the ECONOMY! [say it with an echo effect, à la The Church Lady]
 
Oh, and Jimi wrote that politics and porn are off limits. Aren't they kind of the same thing, buddy? Someone always ends up getting screwed! Ha ha!

8 comments:

sybilsybil45 said...

So there,,,,we all know now !!! thanks Beth....When I read the title of todays journal..Politics and Porn...I nearly fell of my chair..I thought whatever is Beth up to now !!  Have a good day. Hope it is bette than ours where it has been raining since I got up at 6.45am this morning and it is now 6.25pm !!  Love for now Sybil xx

http://journals.aol.co.uk/sybilsybil45/villagelife/

wwfbison said...

Talk about getting hosed...this is kind of off topic but I found it interesting.  You know Rihanna...well, the girl has about 20K in her bank account.  Seems when she signed her contract it stated SHE is responsible for the cost of her videos (which if you've seen them are very well done), her touring, record promotion and even some recording costs.  WOW...this girl is fantastic and I thought she would have tons of $$$ from her success ~ Jay-Z is getting rich off of her to say the least.  I guess she didn't read her contract.  I heard this on Sirius radio but haven't "confirmed" with any research.
Lisa

x6stringer@yahoo.com said...

Yeah, they are kind of the same, except one is a little more  enjoyable ;)

lv2trnscrb said...

thanks for your persistence in getting to the route of this, Beth; I've learned a few things from reading these; thanks :)

(to me, politics and pornography are not the same thing; politics would not have such a devastating effect on some marriages like pornography does)

enjoy the day :)

betty

queeniemart said...

if this is part of your passion, write about it all you want. I would. I have read that Motown artists got hosed......and that is some of my favorite music ever. XO

chat2missie said...

I'm dying of laughter here  from your last sentence! LOL
Missie

buckoclown said...

Welcome :o)

helmswondermom said...

I'm glad Jimi brought this up.  It makes sense.
Lori