This is an issue that is incredibly intriguing to me. I’m a huge fan of a few notable mashup artists, but I’m also a songwriter and performer in my own right, and have typically worked with recording artists and publishing companies. Sometimes I feel that these interests are contradictory, but I have hope that they can be reconcilable.

It’s been a few years since I was involved in the industry, so I hope you’ll excuse me if these questions seem silly.

If I recall, Harry Fox has traditionally only licensed the composition, not any master recordings. Most of the musical mashups I’ve heard have used the original master.

Is there an agency that focuses on providing master use licenses similar to what Harry Fox does for compositions? Or is this something that must still be done through each record label individually?

Additionally, has there been any sort of compulsory license or statutory rate assigned to the use of master licenses with respect to simple mechanical copies of those recordings? Otherwise, this could get cost prohibitive very quickly.

Another question is whether a mechanical license would be sufficient to protect this use of the composition. As you noted in your previous mashup blog article, mashups are derivative works – and the right to make a derivative work belongs solely to the original copyright holder. This right is not typically granted via a standard mechanical license.

So while obtaining a mechanical license would allow the mash-up artist to re-record his own version of a composition, it would most likely not allow him to mash that up with another re-recorded version of another song. The mashup artist would still need to rely on the risky Fair Use defense.

The only safe bet I can see for mashup artists with the current statutory scheme would be to stick to doing their mashups “live” (i.e. only in live performances, and create the mix on the spot rather than having it pre-mixed) at venues that have blanket performance licenses.

Have there been any advances recently in updating the copyright law to enable and protect these sorts of expression while still protecting the interests of the original artists?

I look forward to hearing your thoughts.

Thanks,
Kendra

Thanks for the information and expertise on this.

I wanted to also share our online mechanical license utility Limelight (http://www.songclearance.com) that launched this past year to secure clearances. Limelight is powered by RightsFlow, a licensing and royalty service provider, where I am SVP of Sales and Marketing.

Limelight is a simple way for artists, bands, choirs, and any other musical groups to obtain the necessary mechanical license for ANY cover song. We address 100% of the publishing spectrum and ensure that 100% of royalties due are paid to publishers and songwriters.

We’ve experienced gratifying growth in use with musicians and bands from over 79 countries and all 50 U.S. states using Limelight.

Any feedback would be appreciated.
Keep creating!

Thanks,
Michael Kauffman
RightsFlow
http://www.rightsflow.com