Question about using records off-site

By syntheticzero

Hi -- I just went to the hitrecord.org event last night at SXSW and found it quite fascinating and interesting from many angles. I'd never heard of hitrecord.org before so the whole thing was very intriguing, particularly as it relates to the whole mashup remix culture out there. (I'm in the tech industry myself, I do web development, but also curate art events in my spare time).

I was quite interested to hear about your commercialization model, particularly the part about sharing profits with contributing artists. I actually thought about this sort of model a long time ago as something that might be useful for a lot of things, including even things like web development, etc.

However, I had some questions about your model, both the strengths and limitations of your model.

Much as I enjoyed the mashups you guys made --- they were cute, funny, and well-produced --- they're not the sort of thing *I* would make. They're not really my style or the style of the artists I curate in my own shows, though I enjoyed them. And I understand that's part of the virtue of hitrecord --- anyone can make their own remixes and post them to the site, and that's all well and good.

But when it comes to making any sort of commercial production of these remixes, at present I'm a little fuzzy on what you do and don't authorize and what your users do and don't authorize. I.e., it seems pretty clear what you have in mind as far as commercial productions you guys make: the rules are clear and they seem reasonably fair, all things considered.

But in reading the long terms of service, I wasn't entirely clear if anyone else could make their own remixes and sell them, under their own terms. I mean, I see that users grant permission to anyone to make non-commercial remixes; but what if someone wanted to make their own remixes and sell them, compensating contributing artists in their own way?

I was inspired by the example of "Sita Sings the Blues" which is a movie that has been released under the Creative Commons license. That means she can sell it and make money from it --- but so can anyone else, and anyone else can also remix the movie, etc. and sell it.

Now, if someone wanted to remix some records from hitrecord and then sell that remix, could they do so under any circumstances under the terms of service? Would they be able to do so after negotiating the terms with all the collaborators? Or is this explicitly prohibited by the terms of service?

It seems to me it would be cool if not only hitrecord but other people could make commercial productions out of material on hitrecord, and distribute money to contributing artists if the contributors all agreed. I suppose that would be potentially laborious, however, but I think hitrecord would be a hell of a lot cooler if it somehow enabled that potential use. Thoughts?

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Question about using records off-site

Created: Mar 18, 2010

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