DJs, Copyright & Licensing
DJs are vibrant musicians who perform records, sample other recordings in their music, and create unique mixes that shape music culture today. As they create unforgettable experiences with music of all genres for people from around the globe, DJs have a continual influence due to their skills of turning songs into masterpieces. A prime example is John Summit, an up-and-coming DJ known for his dynamic live performances, consisting of fresh remixes and his productions. Not only does Summit remix the works of others, but he also creates and produces his own music, often remixing his tracks live and creating unique, never-before-heard versions of his songs for his audience. In a recent video of Summit performing at the LA Forum – the most popular venue in Los Angeles, he used his original song, "Where You Are," and performed an orchestral version that turned into techno.
DJ John Summit Remixing His Original Track
The following video highlights Summit’s unique way of mixing his original songs with a creative touch, transforming existing sounds into captivating sensations. However, as DJs apply their talents to music – adding new elements to a music track or creating new remixes – they often face legal issues, particularly on copyright and licensing. Simply performing, remixing, and uploading can raise copyright concerns that heavily impact DJs, who must balance their artistry and legal restrictions. This project examines the tension between copyright law and DJ artistry, exploring licensing, remixing, and how DJs navigate legal constraints while pushing the boundaries of musical innovation.
Copyright Law
Copyright law is defined as Intellectual Property (IP) law that legally protects the ownership of original works (U.S. Copyright Office). Such works include literature, music, films, art, and software. The purpose of copyright is to guarantee the creator’s the ability to protect, monetize, and control their works. In order for a work to legally be protected by copyright, it must satisfy three requirements.
It must be copyrightable subject matter, such as literary works, music, recordings, choreography.
It must be original - it’s copyrightable as long as the creator made the work without copying it.
It must be "fixed by a tangible medium," meaning the creation is either written down, recorded, or in physical or digital form (U.S. Copyright Office).
Copyright stimulates the formation of new work. By providing a legal framework, copyright law incentivizes creativity since it guarantees the authors' creations are protected and they may profit from their content, which promotes the originality of new work. It also facilitates economic value because copyright enables the owners to grant usage rights of their work in media, advertising, and entertainment, among other uses. Additionally, copyright law protects against misuse, thereby protecting the creator from others copying or exploiting their work and protecting the originality and integrity of the created work. When a work is copyrighted, there are six exclusive rights granted to artists over, which allow them to control how their work may be used, be recognized, and financially benefit from their work. These rights are:
● Reproduction: Copies of copyrighted works.
● Distribution: Give/sell copies of copyrighted works to others.
● Preparation of derivative works: Modifying and creating a new and different version of the copyrighted work.
● Public performance: This varies depending on the work, in this case, publicly playing the recording. Other cases include literary works–reading the book aloud, for a video game or software, it would be running it.
● Publicly Display: Allowing the public to see work in person or on the internet.
● Digital performance: Public performance via digital media (streaming, internet, satellite, radio) (U.S. Copyright Office).
For DJs, the exclusive rights that may affect them most are reproduction, preparation of derivative works, and public performance:
● Reproduction Rights: When DJs use a section of a recorded song in their sets or uploaded tracks (i.e., a sample) they need a license from the copyright owners of the musical works and sound recording because even the smallest part of the track is deemed to replicate the song.
● Derivative Works: When DJs create a new version of an existing song through remixes and mashups. DJs need permission from the copyright owner (in the form of a license) to lawfully produce that derivative work or alter versions.
● Public Performance: DJs who play music created or recorded by others in public events, such as clubs or festivals, need a public performance license. These licenses are usually obtained by venues from companies like The American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music Inc. (BMI), or Society of European Stage Authors and Composers (SESAC) that deal with royalties for copyright owners. DJs who upload their performances or mixes online may, however, require other licenses if they intend to share their works on platforms like YouTube or Spotify.
When any of these exclusive rights are violated, copyright infringement has occurred. Copyright infringement is the unauthorized use of any work protected under copyright, and the copyright owner has not granted permission to use the copyrighted material. Infringement can be punishable by fines, lawsuits, or removal of the infringing material (Copyright Infringement and Remedies). Literal copying involves the use of a direct sample of a song in another recording, while non-literal copying involves the use of distinct components of other recordings, such as melody or rhythm in a new composition. Both types can amount to infringement if they are 'substantially similar' to the work in question.
One example of the complexity of using copyright law for DJs is the famous 2018 track, 'Happier,' by Marshmello. Another electronic music producer, Arty, accused Marshmello of copying a synthesizer melody from his remix of OneRepublic's 'I Lived' in 2014. However, the U.S. Court of Appeals for the Ninth Circuit dismissed Arty's claim, holding that Arty had no ownership of the copyright of the remix because he created it under a contract with Interscope Records in which he agreed he had no “ownership or financial interest in the underlying musical composition” (Donahue). The Ninth Circuit elaborated that the "Drop Melody" was an integral part of the original, used in the remix master, and because Stoliarov disclaimed any interest in this composition, he could not bring a claim for copyright infringement (ARTEM STOLIAROV v. MARSHMELLO CREATIVE, LLC). This decision reveals a critical point in copyright law: if DJs or producers use music created by others in a remix, they may not have copyrights in that remix.
Licensing
For any type or form of public copyrighted music usage, DJs need a public performance license or a "DJ license." This license consists of consent given by the copyright owner to allow others to use their work in public places, including playing music in clubs, bars, or events. This requirement applies even if only a small portion of a song is used in a set, such as a beat or melody (Martina, 2022). Failure to acquire this license puts the DJs in trouble, as they can violate copyright laws. Users may not know that just buying a track from iTunes or another platform does not grant you the right to play it in public; you would need to acquire a license for that (Martina, 2022). Getting a DJ license is relatively easy, but it also has to be coordinated with Performance Rights Organizations such as ASCAP, BMI, or SESAC in the United States that are in charge of performance royalties to copyright owners (Martina, 2022). Besides a performance license, a DJ would require a mechanical license for making cover songs, or distributing songs or remixes on digital platforms such as Spotify (Rowe, 2023). This license lets the DJs make new versions of protected music and disseminate them digitally. However, they would also have to acquire a performance license to publicly play or perform it. (Rowe, 2023). These licenses collectively allow DJs to freely remix, distribute, and perform while avoiding infringing the rights of the owners of those lyrics. The knowledge of these licenses is essential for DJs because performing without them is against the copyright laws.
Some propose remedies to existing systems, such as a compulsory licensing system portal, that would enable DJs to legally reproduce, modify, and disseminate protected music through a fixed fee. It also helps to remove the unnecessary barriers in getting licensing that, in turn, could provide DJs with what they need more efficiently and at a cheaper rate than is currently possible (Envisioning a Compulsory Licensing System for Digital Samples). Some argue that copyright restrictions should be strengthened to guarantee recompense for the original creators (Fernandez, 2016). The continuous discussion reflects attempts to balance DJs' creative liberties and the rights of original creators, who must work around these restrictions to develop. The tension between DJs and copyright regulations underscores the importance of continuous conversations among music creators, industry experts, and legal professionals as the landscape of modern music production continues to evolve.
DJ Geoffrey C
Geoffrey C is a talented DJ and music producer who has been active for decades. He kicked off his career as a teenager, editing cassettes before using the money from his high school graduation to purchase professional equipment. His career highlights have been working with popular radio stations such as WPGC and 92Q and his residency at the iconic Tracks Nightclub in Washington, D.C., for six years. Geoffrey C is acclaimed as a producer for his remixes, such as his unique work on Aaliyah's hit, "One In A Million," which reached the Billboard music charts. Thus, merging his artistry and technique, he is currently creating his music and doing live remixes, still striking the audiences with his unique sound.
Geoffrey C provided detailed insights into the copyrights that DJs face and the strategies that DJs use to adhere to legal considerations while performing and recording music. He explained to us issues relating to sampling, mashups, and interpolation.
Conclusion
We studied selected aspects of copyright law within DJ culture and how DJs are creative individuals, but there are legal restraints to their creativity. Copyright law gives exclusive rights to authors of original works, protecting and benefiting them. However, these restrictions can impede the sharing of artistry for DJs who perform by mixing and remixing recorded music.
References
“ARTEM STOLIAROV v. MARSHMELLO CREATIVE, LLC, No. 21-55442 (9th Cir. 2022).” Justia Law, 2022,
https://law.justia.com/cases/federal/appellate-courts/ca9/21-55442/21-55442-2022-03-17.html. Accessed 9 Nov. 2024.
Donahue, Bill. “Marshmello Beats Copyright Case over “Happier” at Appeals Court.” Billboard, 18 Mar. 2022,
Fernandez, Tony. “Fair Use and Copyright Laws for DJs: What You Need to Know.” The Nexus of All Things DJ, 1 Dec. 2016,
https://ww.djtimes.com/2016/12/fair-use-copyright-laws-dj-music/.
John Summit. (2024, November 22). Where You Are (Orchestral Version) - Live At The Forum. YouTube. https://www.youtube.com/watch?v=9t-vun3_9as
Martina,“What Is a DJ License and How to Get One.” IMusician, 2022, https://imusician.pro/en/resources/guides/dj-license. Accessed 16 Oct. 2024.
Rowe, Lucy. (2023, September 7). “Music Licensing for Live Streaming DJ Sets and Events” (US Edition) [“Review of Music Licensing for Live Streaming DJ Sets and Events” (US Edition)]. https://radio.co/blog/music-licensing-streaming-dj-sets
Sabbagh, C. R. (2019). “Envisioning a compulsory-licensing system for digital samples through emergent technologies.” Duke Law Journal, 69 (231), 231–275. https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3993&context=dlj
U.S. Copyright Office. “What is Copyright?” https://www.copyright.gov/what-is-copyright/
U.S. Copyright Office. 17 USC Section 501 (Copyright Infringement and Remedies). https://www.copyright.gov/title17/92chap5.html