Radio Berkman 180: No Such Thing as a Free Sample? (Rethinking Music VI)

Published: May 21, 2012, 10:41 p.m.

Musicians often feel besieged on all sides. Promoters, labels, publishers, radio stations, and venues can make an artist feel exploited and overwhelmed. But in the digital age it might feel like fans and fellow musicians are taking a bite out of them, too. Second to piracy the phenomenon of fan created content is the greatest irritation to professional musicians and their stakeholders. From the upload of a song to YouTube (which involves almost no creative effort) to sampling, remixing or creating a fan-made music video — many artists feel fan initiatives show disrespect for their rights. And some are using the tools of PR and the law to make their voices heard. Jay Rosenthal is the General Counsel for the National Music Publishers’ Association with decades of experience working with music industry organizations on the legal side, and representing artists like Salt n Pepa, Thievery Corporation, and Mary Chapin Carpenter. We talked about professional musicianship, and what kind of threat sampling and remix projects (like Girl Talk’s “All Day” and DJ Danger Mouse’s “Grey Album”) pose to the music industry.