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Lol,Moby’s “Play” album was the first ever to have all of it’s tracks licensed to film,ads,etc.I would also like to see his PRO statement!
It looks as if Electronic composer Moby already has a site where people can license music for independent films for free. This is kind of cool.
Do you think he’d mind if we stopped by his tea shop / cafe in NYC
and had some free food?Anyone using any sample should have to pay. I mean, Eddie Money, for the use of Ronnie Spector’s voice/track, “Be My, Baby” in his “Take Me Home Tonight” from the 1980s certainly did. In today’s mash-ups, though, I defy even the most hardened musicologist to ascertain 100% what tracks/songs are being used.
Now, from what I’ve read, Moby advocates that artists make SOME of their music available for free downloads and use (as he has) — in response to the crazy RIAA that has gone after college students with a vengeance… while many bulk copyright infringers go off scot-free. I mean, suing a college kid downloading tracks for his listening pleasure and fining him $250K is ludicrous. Sure, there should be some sort of penalty for an illegal download, even if it is for personal use, but the RIAA has their priorities skewed and keeps going after the little fish, letting the big ones float around with impunity.
If Moby did, indeed, use samples without permission, though, he should have to pay.
What troubles me about the Madonna case the article references is that a judge ruled that “no reasonable audience would find the sampled portions qualitatively or quantitatively significant in relation to the infringing work.” Bad form, and glad the decision is being appealed.
In my book, it doesn’t matter how much of a work is used… if it’s not YOURS, you need to pay, or get permission, or at the very least — if you’re unable to find or contact the rights holder(s) — acknowledge the original source material with some sort of “lemme know if you’re out there” on your liner notes. 😉 (And, then, hold some money to the side in an escrow account to show good faith in the event the rights holder eventually surfaces — this can often circumvent any litigation because you’ve shown “due diligence” in attempting to find the rights holder[s], and no reasonable “intent to defraud” can be levied.)
Maybe Moby should donate all his past and future PRO payments to charity.
The D.I.N.E. organization would be an ideal recipient of any royalties Moby wants to donate.
D.I.N.E. = Desire Inspires Needs Everything. 🙂