There is nothing under the sun stopping a DJ from
seeking copyright permission from the various right owners on the playlist
mixtape CD before being pushed into the marketplace. Also, there is absolutely
nothing to discourage an amateur/professional DJ from learning to be a beat
maker/ producer. If anything, it is all for the better as it makes the DJ an
all- rounder. The DJ turned beat maker/producer will never go out of style:
such creative DJs don’t lack originality and versatility. The sweetener: they hardly
get slapped or served with court papers by entertainment lawyers or get
physically harassed or insulted by aggrieved recording artistes for violation
of other people's intellectual property as it is now the silent case with
almost all the Nigerian Djs who are always lining up to eat up any popular
records as released by the current hit making artistes as new mixtape CDs.
DJs
"eat up" other people's intellectual property by mindlessly and
flagrantly doing this or that compilation CD of all the popular hit songs in
the market and releasing same into the same market as mixtape CDs with the
names of the individual (thieving) DJs gracing both the chrome disc, as well as
the CD jackets; with the avowed mix masters (DJs) signature voice drops smartly
smuggled onto audio CDs.
Really, there is nothing bad or illegal for a
DJ to " fix it in the mix" at the clubs, parties, live on stage but
apparently, the mixtape DJs are getting famous for their sharp practice behind
the wheels of steel: that is, they are making money off of other recording
artistes intellectual property and as it is in most cases nowadays, without any
legal consent or authorization from the original right owners.
And it
seems the country's copyright law exempts the DJs or the drafters of the law
didn’t foresee the mixtapes as sold by hands in the clubs, parties and the well
advertized mixtape on CDs officially promoted, marketed and distributed
nationwide as negating the copyright law. It's that or the DJs releasing the
mixtapes(recorded on CD) are above the law. They must be above the law because
no one in the copyright commission and in the collecting society are speaking
out loud of the illegality behind mixtape CDs except this faultfinding
columnist.
The sweet
arguments that the DJs are the best promoters of the recorded and released
audio material of the recording artistes cannot be over emphasized, just that
anyway you slice it, the arguments that favors the DJ is tired, null and viod. Tired and irrelevant
simply because the newer DJs have grossly abused the recorded works of the
purported artistes they are meant to be "promoting" by cleverly
putting their very own individual DJ stamps on the compiled playlist of the
reigning artistes new songs; by doing a mix of the hit tracks, sequence them,
talk over the track/s or use the studio's Vocoderized or machine voice-drops
over the mixed instrumentals and vocals, mass produced the recorded
mixtape,burn them unto CD formats,done, rushed them out for sale (nowadays) via
online music outlet or straight into the already porous open marketplace.Next
thing you know, the released mixtape CD catches on, sells out in stores and the
mixtape DJ becomes an overnight success of sort, for illegally using other
people's recorded materials to ride into fame and cool money. It's all good,
very brilliant. Even the smartly ripped right owners considers it an honour
that the mixtape DJ chose one or two or more of their tracks to give the
mixtape popularity.
As it
is, the sharp DJs are having a field day. Interestingly too, all the hitherto
barking music business watchdogs like PMAN and co that have sought to bite and
halt illegal piracy, bootlegging, et al, are busy battling internally with one
form of leadership problem or another, and therefore, cannot be bothered about
DJs that are selling unauthorized mixtapes on e-Bay, traffic holdups, to the
packs of mixtape CDs decorating the shelves in all the various shopping malls
and record stores across the Federal Republic.
Nevertheless, in the more organized societies, including the USA,
despite the vital and undeniable promotion that the DJs and their mixtapes
provide for the artistes, the Recording Industry Association of America(RIAA)
sees the mixtape genre as copycat
infringement, and first time offenders can face up to $250,000 in fines and
a possible five -year jail term. That's why most of their DJs include the
clause for promotional use only to
tell the RIAA that they make no money from the CDS. But who's fooling who? We
need not tell you that out here our DJs would proudly walk into the police
station or PMAN headquarter (do they still have one?) or Nigerian Copyright
Commission or even the COSON office and proudly sell by hands the CD copies of
their newly released mixtape.
The
blame has to go somewhere, definitely, this time we cannot point to the
faceless underground network otherwise known as the almighty Alaba Boys in
Lagos or the Ariara Boys in the eastside of Nigeria. If we cannot fault the
drafters of the copyright law and its relevant law enforcement agencies, please
let's continue to applaud, dance, jubilate, celebrate and give our prestigious
music awards to the various popular mixtape DJs, some of who are already
poppin' champagne, puffin' cigars, grinning from ear-to-ear with the other people's
wads of money forming tall ridges and thick mounds in both their pockets and
bank accounts.
However, it is a loud hiss from the Groovemaster
that the sharp Nigerian mixtape DJs are getting away with copyright
infringement yet we see the compiled artistes some of who are under the
umbrella of COSON dancing to these mixtapes yet blind to the sharp practices of
these so-called mixtape DJs.
Last Note: Before going to press, we were unable
to get past the PR bodyguards of NCC and COSON. Let’s hope the vibrant head
honcho cum shotcaller of the only collecting society of Nigeria will give us
something to publish. Our question is, What's The Coson doing about the Nefarious
activities of the lawless mixtape Dj what's the nigerian Copyright Commission
And then , the alimighty Coson doing about the Djs behind the various mictapes
that's fast-selling & competing with the original right owners
interllectual property?
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