Togfox, these are good questions. I don't mind, if I was credited, if a short clip of my song was re-used in someone else's work. Things would be different if it was half a song, and if it's a straight-up recording were other sounds weren't mixed in, the way that soundtracks are background for dialogue. In fact, the law allows certain short music clips to be re-used in derivative works. I'd be more flattered if I was asked to be a part of it.
I write my music for myself, and if people like it and want to buy it, that's fine. If people hate it or couldn't care either way, that's fine too. I do hope, however, that as many people who are open to something different like my stuff, and I'd be pleased if someone gets my music out there in another way. Now, if someone bootlegged my music or videos for profit, that's another thing.
In Holding Our Own, episode 2, Angie is a DJ and I play short clips of recognizable (or semi-recognizable) songs, as short as I can get them to fit the dialogue in. I make sure Angie is speaking throughout the entire thing, so the music on its own can't be passed around. And, of course, I put the song title and the name of the performer of every song in the credits. The music now is now part of another soundtrack, just as short samples are used in music.
The band Negativland records EVERYTHING and reappropriates everything they recorded, including TV audio and radio music, into new compositions. They were in trouble for using U2 clips in their song "U2", a cover of "I Still Haven't Found What I'm Looking For". In their defense at trial, they cited U2's recent (at the time) ZOO TV tour, when, at their concert, they produced on-the-fly montages of live TV broadcasts as part of their audio-video experience, and couldn't get permission to use the works they re-broadcasted as part of their own art.
My lastest album has a song called "The Complete History of Recorded Music, Part 1." I provided the URL recently elsewhere on BiM. The song is composed entirely of audio clips of other people's recordings, but is completely within the fair use laws and 100% legal.
These are my personal thoughts and understandings. What do you think?
PS: Backyard Legos, Parody is protected under the U.S. Constitution (Even Yankee Doodle and the Star Spangled Banner are song parodies), but if someone registers/profits from a parody, the writer/owner of the original music is entitled to royalties, unless the artist specifically defers to the writer of the parody. This is the case of Weird Al, who gets permission from each artist, and keeps all royalties from his parody songs.
Last edited by HoldingOurOwn (July 10, 2014 (01:52pm))
https://vimeo.com/channels/holdingourown http://holding-our-own.tumblr.com"None practice tolerance less frequently than those who most loudly preach it."
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