Just as in the case of sampling, copyright and remix go hand in hand: it all runs down to using music legally. Today’s panorama includes a complete dive-in into a virtual sphere where we can very easily access music without even getting into a recording studio or going out to the store to buy a physical record. In this sense, the Internet makes any musical creative element, such as instruments or vocals, readily available to us—and that can be tempting. We can safely argue that a remix is one of the most popular forms in which two or more creative musical ideas unite. And, if you’re interested in mixing someone else’s tunes within yours, then you should know how to do it properly.
First a Definition
Simply put, a remix is a musical work that you compose from an existing sound recording which you (re)record and then add and remove sounds to make a new version. Experts also call this a reorchestration, but they mean the same: a piece of media that you alter or contort from its original state by the aforementioned actions. Its fundamental characteristic is that you appropriate a fragment that someone else created and transform it into something new. As you can imagine, it’s very provocative to produce your own tunes in this fashion, particularly if you’re into electronic music, hip hop, and other similar genres.
The reasons for wanting to produce a remix, which is a subset of audio mixing and song recordings, are diverse. Firstly, you can adapt a piece for a radio station o a nightclub gig. Secondly, you might desire to create a stereo or surround sound version of a song if the original one didn’t have one. Thirdly, you might want to improve fidelity or an older song that doesn’t conform to today’s audio standards. Additionally, there’s always the option to alter a sound to suit another specific music genre or format. Every one of these options might include a wish to change the target audience of the original tune or its format. Overall, it’s a way in which you provide your own artistic purposes.
Copyright and Remix: the Copyright Portion
As you can already guess, you might potentially infringe copyrights if you produce a remix. Of course, you’ll only be in trouble if you do so illegally. It’s very common for DJs to remix preexisting music, mostly because of their desire to take advantage of a tune’s popularity. But it’s something one must do carefully: mostly because the copyrighted material has an owner who deserves to gain economic benefits and their due credit because of their product.
For emerging artists, asking for permission is the best defense. You should contact the owner of the master so you can agree the terms in which you can use their material (if at all). This is the most immediate and convenient way to avoid legal complications. Moreover, you can always argue that you’re remixing under the laws of fair use: that you’re building on the taken song to create something new and original.
In this same respect, be very aware about how you chose to remix and where, particularly if you’re in a DJ environment. For example, if you remix another one’s song in a gig or concert, you should obtain permission beforehand so no one involved gets in trouble. Doing this means that the venue will have to pay the permits (but make sure that this is explicitly understood; otherwise, both parties will get into trouble).
A Rundown of What to Do
There are three fundamental things to do to use music legally for your own creative purposes, especifically remix. Firstly, buy a copy of the song you intend to alter. Secondly, obtain permission from the copyright holder (from the person who owns the song and the one who owns the master). Lastly, and probably most importantly, make a record of the permission when the copyright holder has already accepted your proposal. Even if it’s just an email, you need evidence to prove that the proprietor of the sound granted you permission.
Copyright and Remix: Conclusion
Remember: remixes are innovative productions, not editions. They are independent, yer derivative, works. And audio mixing is the most popular form to do so. It’s uncommon for someone who’s just beginning their music career to get into legal trouble if they come up with a remix: amateur artists are not on the loop for an excessive type of scrutiny. Regardless, wherever there’s economic gain, there might be problems. If you want a professional opinion on the matter, you can consult an entertainment law attorney.
