POPULAR MUSIC DISSENTING CULTURES: A REFLECTION ON HOW EVOLVING MEDIA TECHNOLOGIES HAVE CHANGED THE WAYS A MUSICAL WORK CAN BE CONSTRUCTED.
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There is the widespread availability of professional-grade editing tools due to the explosive growth of media technologies. These editing tools have significantly revolutionized the music production landscape in numerous ways. However, the evolution of the music production landscape has resulted in a critical shift in intellectual property rights and laws that have left policymakers and courts in a professional uncertainty climate. As a result, there are numerous questions regarding the fair use of intellectual property laws in music composition and production. These questions significantly influence and affect the music industry’s innovation through the use of new media technologies. For instance, music sampling remains a critical issue in music law. Notably, music sampling primarily involves the use of other people’s intellectual property in their production. As such, this concept is associated with critical issues regarding copyright, ownership, and transformation.
A Reflection on how Evolving Media Technologies have changed the Ways a Musical Work can be constructed.
The evolution of new media technologies has dramatically facilitated the growth of sample-heavy musical constructions that incorporate numerous artists’ works in composing a finished item. According to Street and Phillips (2017), most of the music work constructed today is a complete derivative of the music played sometimes ago. Nonetheless, new media technologies play an essential role in ensuring the production of original stuff. However, music sampling is significantly embraced in modern-day technologies, must provide paid content licenses before employing samples from other artists in their creative productions. Notably, there is a dire need for a music sampling regime to conform to the music field’s best practice. For instance, proper attribution is essential since evolving media technologies significantly facilitate replicating other creators’ content. Although music producers are not obliged to license content they quote or cite directly independently, they must provide proper attribution to that content.
With the evolving media technologies, artists can promote their innovation by embracing attribution-oriented music sampling. For instance, artists whose work is sampled can be exposed by promoting the attribution-oriented mechanism (Behr et al., 2017). Their works can be featured on popular platforms and billboards to boost their recognition. As a result, these artists can gain instant name recognition and enjoy the associated financial benefits. Notably, a sample does not hamper the original song’s market but rather enhances it by renewing the original music’s interest. This aspect implies that established and upcoming musicians can enjoy long-term financial benefits by adopting the attribution-oriented strategy.
Additionally, the model facilitates access to recordings whose license holders cannot be identified (Schwemmer and Zlewiecki, 2018). For instance, this model provides identification and contribution credit to facilitate sampling of orphan work by another artist without tracking down an unrecognized license holder. Besides, the music sampling model enables upcoming artists to pursue extensive negotiations with organizations to which the previous artists were signed.
According to Ehrett (2016), the evolving media technologies should embrace both attribution-oriented sampling models and traditional licensing channels to protect orphan works from falling into an entirely unusable condition. This approach would lead to a considerable benefit over independent sampling models and encourage creative development. Nonetheless, a balance should be struck between the freedom to innovate and the artists’ financial interests when embracing a future-minded approach to music sampling (Street and Phillips, 2017). Notably, the principle of attribution is a practical step forward in music sampling. However, it is imperative to reform the Copyright Act to permit greater sampling freedom and innovation in music construction and production. For instance, the interests of the creator and those of rights holders can be balanced by adjusting the statutory framework of music copyright law (O’Brien, 2012). The attribution-oriented model primarily appeals to independent artists intending to use samples whose license holders cannot be identified.
With the new media technologies, making money from music has taken numerous forms, such as merchandise, live performances, and synchronization rights (Behr et al., 2017). Nonetheless, ownership and exploitation of intellectual property rights are the keys to making money in the evolving media technologies. Schwemmer and Zlewiecki (2018) perceive copyrights as the music sector’s currency in the new digital order. However, making money from music is becoming increasingly difficult in the evolving media technologies due to the increasing mismatch between musicians’ view of their creative work and the regime responsible for protecting their work. Despite this trend, musicians still desire musicians to make music a prevalent activity (Ehrett, 2016). As such, musicians wishing to make money from music in the new digital age assemble an income stream portfolio. This scenario has significantly revolutionized the music industry from the manufacturing industry organized around exchanging objects to a service industry. Notably, these aspects imply a critical relationship between music creativity and copyright law.
Musicians talk about copyright in numerous ways through the new digital age in their art and creative practices. According to Behr et al. (2017), copyright law tends to construct music as an object through which intellectual property provides the basis for reward. With the evolving media technologies, copyright law applies to the music in its written form and the performance rights. Nonetheless, the copyright regime is significantly perceived as a direct product of capitalism that renders music an alienated wage labor product (Street and Phillips, 2017). As such, copyright law greatly influences the creation and production of music. Notably, different artists and musicians embrace distinct perceptions about music. For instance, some musicians claim that piece is more important than property, while others argue that music is more important than the instrument on which it is played. Musicians frequently talk about stealing and theft when discussing illegal downloading of music, even though they despise the idea of music as a property.
With the evolving media technologies, music is predominantly perceived as property due to its ability to be traded in the marketplace (Webster, 2020). It is imperative to acknowledge that music has both cultural and monetary value. Although there are critical arguments that music has emotional value rather than economic value, the introduction of income streams from music is an apparent implication that music has monetary value. The cultural and emotional importance of music is attributed to its use by musicians to extend their attributes. Nonetheless, musicians later realize their music’s monetary value in their ability to sell music as a source of economic value. As such, musicians can trade with their music via email address rather than actual cash. Notably, copyright is not necessary during music’s live performance (Behr et al., 2017). Although the live performance was the critical aspect of traditional music, new media technologies have introduced music recording. The difference regarding music’s value emerged when music was fixed in a recording since the copyright law applies differently in music recording.
Moreover, the assumption regarding the meaning of being a musician is significantly linked to the idea that music might be a thing over which property rights should be claimed (Street and Phillips, 2017). However, the role of copyright and the business model underpinning it purports that the revenue generated from particular music acts as the musician’s incentive. Besides, there is a critical assumption that pleasing the audience is the crucial aspect of music creation since music is made of a particular audience (Ehrett, 2016). Nonetheless, the music views depend on the audience’s position in the mind of the musician. For example, some musician places their audience at the center of their innovation while others place them at the center of their revenue source. Musicians currently negotiate their role as suppliers of service as they strive to strike a balance between themselves and their audience’s preferences.
Since musicians live as citizens and creative artists, they are obliged, by law, to appeal to a broader set of political, moral, and social values and judgments (Schwemmer and Zlewiecki, 2018). For example, moral judgment significantly influences musicians’ perception of plagiarism. As such, creative artists should strictly adhere to the copyright law when using other people’s work in their compositions. Nonetheless, there are some instances when morality could trump the law since musicians belong to a group in which specific moral codes should apply irrespective of the binding regulations. These moral codes significantly shape the thoughts around composition credits regarding the ownership of a particular music piece. These aspects necessitate the establishment of band agreements to govern the band members’ contribution and credit distribution. Notably, evolving media technologies play a critical role in drawing borders demarcating those who belonged to a particular music community and those who did not belong to that community (Behr et al., 2017). This issue has significantly eased tension between different personnel belonging to a particular musical band. As a result, the individual contribution of various members within the band can be acknowledged.
Moreover, musical copying, copyright, and digitalization are associated with numerous ethical and political issues. Notably, the creative process of musicians is significantly influenced by sampling technology in multiple ways. For instance, technical developments in popular music have changed the production practices of music to revolutionize the broader aesthetic of pop music and the sensibilities of its creators (Webster, 2020). It is imperative to acknowledge that creating new music without reference to what came before is almost impossible. As such, sampling forms a critical aspect of musical practices that involve prior works. Evolving media technologies include an integral part of the value chain. According to Behr et al. (2017), there is a close relationship between music and technology from production through distribution to consumption. Musicians arrive at the account of the sampling aesthetic in which they operate by filtering their creative work through technical practices and ethical codes.
The legal context of copying, copyright, and sampling are quite disruptive and contentious (Ehrett, 2016). However, there is an interesting relationship between these three components and the law. Besides, these aspects are associated with numerous disputes based on their technical, moral, and musical discourse in with they operate. For instance, one of the critical conflicts about copyright entails whether specific contributions to a finished song constitute that piece’s authorship. Notably, there is a significant mismatch between the tests used to establish infringement, and the copyright laws used to establish authorship (Street and Phillips, 2017). In this situation, the disputes might arise regarding material rewards for individual efforts and contribution of each member. Besides, digital distribution of recordings has led to a significant decline of revenue generated from music industry, which has created a culture of criticism about the contribution of new media technologies in facilitating innovation (O’Brien, 2012). This issue has also posed questions about musical creativity and sampling.
Moreover, evolving media technologies have significantly facilitated music sampling, bearing in mind that sampling is a technological practice (Schwemmer and Zlewiecki, 2018). For instance, digital sampling that is currently embraced cuts across numerous musical genres. Numerous samples and digital technologies are currently embedded into recording practices embraced in virtual studios available in the digital age. Nonetheless, reusing of prior recording was not a sudden achievement in digital technology (Webster, 2020). Instead, increasing the speed, degree, and accuracy of manipulation through digital means made musical ends significantly easier. With the recent advancement in digital technology, digital sampling is currently much lower than the way it used to be with analogue means. Currently, new stylistic combinations and borrowings of music can be produced due to improved digitalization that facilitates conjuring of sonic palette in digital spaces. Additionally, evolving media technologies currently facilitate construction of more professional music by lowering the bar to entry on recording for emerging and semi-professional artists (Street and Phillips, 2017). Nonetheless, financial necessity is the driving factor for producers and professional musician towards digital technology.
Moreover, digital technologies significantly facilitate effective processing of amateur and semi-professional music activities. Notably, digital options have exceeded the practical parameters of the studio. However, music sampling should not be taken as an independent practice but rather incorporated in digital production (Behr et al., 2017). Digital emulation is a critical music production tool that has led to a significant improvement in music sector. Numerous technological techniques applied to music samples, such as cutting, pasting, and chopping have significantly revolutionized music production. Although samples are modified in real-time as the musicians overlay their melodic lines and improvisations on digital and acoustic instruments, digital reproduction is deployed in live performance of music (O’Brien, 2012). Additionally, evolving media technologies have led to introduction of numerous tools and effects on music, such as distortion, amplification, and delays. The tools and effects have made music sampling as an aesthetic and technical choice that aligning precisely with studio environment and live performance. With the advanced technology, musicians can manipulate their recorded sounds and performance to improve the quality of their musical pieces.
The introduction of new media technologies has led to a more integrated relationship between sampling and other musical activities. Technology and musical practices stand out as critical endeavours in the new digital age (Ehrett, 2016). However, it is imperative to note that the two practices do not solely constitute the sampling continuum. Instead, sampling continuum includes incorporates other practices like listening and creative habits. Like other forms of copying and copyright, sampling is integrated within discourses of authenticity due to industrial and legal surroundings. As such, musicians working within this discourse should heed to their professional pride, creative ethics, and needs of their songs. Nonetheless, it is imperative to acknowledge that legal measures like licensing are increasingly expensive and musicians thrive under the mercies of rights holders. Despite this situation, artists are obliged to acquire license to samples to avoid risks of legal repercussions. Notably, musicians and artists negotiate the ethical aspect copyright and copying to develop a coherent typology that does not conflict with genre ideologies and legal provisions.
Conclusion
Conclusively, evolving media technologies have changed the ways a musical work can be constructed in numerous ways. However, this revolution has resulted to a critical shift in intellectual property rights and laws that have left policymakers and courts in a climate of professional uncertainty. For instance, musicians are required to provide paid content licenses before employing samples from other artists in their creative productions. With the evolving media technologies, artists can promote their innovation by embracing attribution-oriented music sampling. Besides, moral judgment significantly influences musicians’ perception about plagiarism, bearing in mind that artists and musicians are required to appeal to a wider moral, political, and ethical judgments. Moreover, numerous technological techniques applied to music samples, such as cutting, pasting, and chopping have significantly revolutionized music production. Nonetheless, it is imperative to acknowledge that artists and musicians are obliged to acquire license to samples to avoid risks of legal repercussions despite legal measures becoming increasingly expensive.
References
Behr, A., Negus, K., and Street, J. (2017). The sampling continuum: musical aesthetics and ethics in the age of digital production. Journal for Cultural Research, 21(3), pp.223-240. https://doi.org/10.1080/14797585.2017.1338277
Ehrett, J. S. (2016). Fair Use and an Attribution-Oriented Approach to Music Sampling. Yale Journal of Regulation, 33, pp.655-666.
O’Brien, L. (2012). Can I Have A Taste of Your Ice Cream? Punk & Post-Punk, 1(1), pp.27-40. https://doi.org.10.1386/punk.1.1.27_1
Schwemmer, C., and Zlewiecki, C. (2018). Social Media Sellout: The Increasing Role of Product Promotion on YouTube. Social Media & Society, pp.1-20.
Street, J., and Phillips, T. (2017). What Do Musicians Talk About When They Talk About Copyright? Popular Music and Society, 40(4), pp.422-433. http://dx.doi.org/10.1080/03007766.2015.1126099
Webster, J. (2020). Taste in the platform age: music streaming services and new forms of class distinction. Information, Communication & Society, 23(13), pp.1909-1924. https://doi.org/10.1080/1369118X.2019.1622763