Sep

07

Mixtape Malpractice: A New Problem for Hip Hop Artists

Filed Under (Music Business) by FuNkwoRm on 07-09-2012

Tagged Under : ,

 

There used to be a time when a rapper could put out a mixtape using popular beats. And as long as that artist wasn’t selling it, he didn’t have to worry much about the beatmaker coming after him for any sort of copyright infringement. Well those days are quickly becoming a thing of the past.

Some independent hip hop artists are now building successful careers off of buzzes created by these free mixtapes. And now the beatmakers are starting to feel used and abused. A popular mixtape, for an artists, can lead to well paid shows and even a major label deal. Producers and beatmakers are starting to feel like they have played a role in the success of these artists, and are reaping no benefits.

Some of these artists neglect to give credit to the music source, so there isn’t even a promotional benefit to those that composed the music. Now that were living in a digital age, visible credit for those who contributed to these recordings are becoming obsolete. I personally used to enjoy looking at the liner notes in albums and CDs to see who produced, mixed, and mastered the songs I enjoyed listening to. Now that we’re in the era of mp3′s, finding those credits require some thorough digging…if it’s even available.

Artists like Mac Miller and others are finding out that those producers who feel wronged by this practice can wait for years before filing a lawsuit against you. So it doesn’t matter that you may not be famous yet. You may get sued for your very first mixtape by a producer who could make the claim that he contributed to your success. It may be hard to convince the courts of that claim, but even fighting a case against you like this could be costly.

So what do you do? I suppose the best thing to do is to get clearance from the producers. But many feel that this is too much trouble to go though for a project that’s not going to be sold. But beware, information these days travels fast, especially when you start creating a buzz. Usually the safest and most respectful thing to do is to always give credit if you use someones music without permission. Oftentimes that’s all people want in a matter like this. They don’t want to feel misused and disrespected.

 

 

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(22) Comments
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  • http://rhymes365.tumblr.com Sheed365

    Thank you for writing this. Rappers also need to exercise originality and creativity by choosing not to release a “freestyle” over an instrumental that literally hundreds of other artists will use. Which I believe contributes to the current plight of free [rap] music. Fortunately, there’s an abundance of producers & beatmakers to satisfy the surplus of rappers. These two groups need to seek each other out and make original music that will not get them sued but allow them to make a profit if the opportunities arise.

  • http://www.dyent.net R.O.M.E.

    I think the reason is 50/50. Some people get emotional over someone doing something better than what was previously done. As a producer also I somewhat understand. Before u could use samples on a mixtape but now even that is 50/50. It’s really up 2 the artist to choose what dice they wanna roll. Sometimes credit won’t do solely. To each his own! U can’t fight something that’s always been there expecting everyone to conform b/c it’s plenty who ain’t got nothin 2 lose or don’t care in a sense. If I gotta do what I gotta do by flipping ur shit while giving u credit and u still trip (and the project is free) so be it.

  • K.

    I totally agree with the idea of rappers getting clearance before using beats made by producers. Everyone artist (whether unsung or not) deserves credit for their work. As an upcoming producer, I would hope to get credit for my beats even if it was just on a free mixtape lol

    K. of Splitting Image Productions
    http://www.reverbnation.com/splittingimageproductions

  • http://www.cdbaby.com/cd/gullyjewelz13 Gully Jewelz

    Interesting post! Some stuff is a little over the top though. Rappers should definitely give credit to where it’s due. But if you are spittin bars (as they say) over a “famous” or “radio” “commercial” beat .. how you gonna get clearance? Yea just call up Jay Z and Kanye and wait for them to hit you back like “do you homie” …
    Am I off base? Did I miss something? If you could reach out that easily to cats of this nature for a clearance, wouldn’t you be asking about a record deal? An opening act slot on their tour? As opposed to permission to rap on their beat?

  • http://quickbeats.net FuNkwoRm

    If you solely focus on the use of popular beats, you miss the whole message in the post. And I’m just the messenger. It’s your risk. It’s not over the top because this is what’s happening. Producers are coming after rappers who use their music for mixtapes. And this applies to the use of ANY beat without permission. Not just the popular ones.

    As for your Jay Z and Kanye reference…anyone who shares the publishing or writing of that song has a right to file a suit. It could be the girl that wrote the hook to the song. A portion of that complete composition is owned by her and she can sue you. No, nobody is coming after you if no one knows who you are and you’re not making any money. Why would they waste their time? But just like the Mac Miller situation, Lord Finesse sued him after he became popular for a mixtape he released when he was 18. Could he have gotten Lord Finesse on the phone when he released his mixtape and gotten permission to use it for free? Not likely. But now he’s being sued for 10 million. It’s your gamble.

  • http://www.dyent.net R.O.M.E.

    Since we’re on the subject Funk (and I brought part of this up) what’s your take on using samples on a mixtape? Instrumental beats are somewhat for practice at least I think so. But I think it’s fun and shows some creativity (others would argue the latter) to take an old school song, regardless of genre and flip the beat or song to create something new and fresh and sometimes unrecognizable. Hell Joe Budden has samples all throughout his classic mixtapes and I’m pretty sure the majority didn’t get cleared b/c they were intended to be for a free promotional mixtape.

    Some of this is becoming a no-win situation if you look at it solely based on “If I do this I may get sued.” Am I wrong or “reckless” for being somewhat rebellious yet considerate enough to acknowledge those who originally made the composition that I just sampled? At the end of the day, even acknowledgement may not be enough. Hell Ying Yang twins got sued for that “Whistle While U Twerk” song but I’m sure they don’t regret it b/c at the time they had 2 do what they had to do. Isn’t that what hip-hop is all about? A blend of creativity, enlightenment, yet rebelliousness?

  • http://www.cdbaby.com/cd/gullyjewelz13 Gully Jewelz

    No doubt Funk.. I feel you on the Lord Finesse thing. If I understand it correctly. I have heard and read variations of that story, so I’m not an expert on the nitty gritty of it. But, it does kinda seem like if you are unknown, you do what you gotta do. Once people start telling you they willing to give you hundreds of thousands of dollars either for a copy of what you did or for you to show up and perform what you did.. it seems like.. you should AT THAT MOMENT get on the phone and chop it up with who ever you sampled/borrowed etc.

    And I don’t think I was solely focused on popular beats. I would try to apply the same approach to, say a soundclick producer, or a producer I know personally. I guess my point, to that extent, is that everybody seems to be lieing in wait like sharks. Looking for the lawsuit, as opposed to networking and helping each other move up the ladder. But maybe I’m off track with that perspective.

  • http://www.cdbaby.com/cd/gullyjewelz13 Gully Jewelz

    Can you please let me know what the heck is a mixtape? I’m like tish change up on me too quick. Used to be a mixtape was exactly what you suggest: unknown rappers on well known rap songs. Then that became a problem. Then a mixtape was unknown rap artists on unknown beat makers songs. Then that became a problem. Then the well known rap acts starting spittin on each other’s well known songs. They all hokie dokie with that scenario. They all “in” so none of them complaining. Then well known rap artists started calling their “cd” a mixtape with “all original beats” – WTF?
    Mixtape is a undefined, mis-used word these days.

  • http://www.dyent.net R.O.M.E.

    What was known as a mixtape is exactly what you’re referring to but things change w/the times. Hell I was told a mixtape w/o a DJ isn’t a mixtape and this was from a DJ. Everyone has their own definition of what a “mixtape” is. TO ME, a cd that isn’t for retail is a “mixtape”. I never understood making a cd full of original music and not selling it. Just doesn’t make sense to me to this day but to each his own. I think “mixtape” is just the generic name that we tend to use. Some say “dank”, “loud”, “kill”, “thrax”, “gas”, etc. but its all “weed” lol. Whatever title you choose to use is on you.

  • http://quickbeats.net FuNkwoRm

    On the subject of using samples on your mixtape, I’ll refer you to a more recent incident involving Mac Miller. http://www.complex.com/music/2012/08/mac-miller-sued-for-10-million-over-sample-on-macadelic-mixtape

    Seems as though he’s that dude to sue these days. These things are rare but the reason I posted this blog was because I predict that this will start happening more frequently.

  • http://detailshiphop.bandcamp.com DetailsHipHop

    A little bit off subject, but props to indiehiphop to always putting something more than just music on their blog. This is an awesome place to go for advice, dos and don’ts and news in the music world.
    Again, good job dudes.

    But in terms of the making a whole cd and not selling it @R.O.M.E, I figure it all depends on the amount of connection you’ve made to your(if you have one)fanbase and how viral you might be. I know many artists who get a few HUNDRED plays a day and a few who get a few THOUSAND a day. Both are in the same position, featuring original production socially and both are releasing new projects but the ones with the thousands a day or week plays feel obligated to sell. A few hundred a day/week(big difference sometimes) just seems like a little milestone accomplished but nowhere near what his friend has accomplished, thus making him feel as if he needs to keep creating and pushing before taking what his worth is.

    In an average, it seems like it takes about 2-3 years of decent, consistent, studying, performing and networking before you seem to have people asking what’s for sale.(This is all biased off personal situation, of coarse).

    A great, modern example is Despot. NO CD, Hyped and free music. But tons of hype in the underground.

    Sorry for splurgin’, had time to sit and think.
    -Details

  • http://ReLL806.blogspot.com ReLLington Stacks

    This was a good article because I myself actually fall victim to this. I use industry instrumentals as well as soundclick instrumentals to create my mixtapes. On soundclick the producer let’s it be known that the beats are free for mix tape/performance purposes only and not selling the mix tape. As far as industry instrumentals go, I download the it from hipstrumentals.com, they have any beat you want, so would they get sued even though that site provides free industry instrumentals for artists. When I put out a record I make sure I put the producers name in the title, for example: ReLLington Stack “ain’t My Fault” [Prod. By Jahlil Beats] hopefully thats enough not to get sued lol.

  • http://www.dyent.net R.O.M.E.

    Def something to think about. Not solely for myself but for exactly who you’re referring to in regards to the hundreds and thousands. I’m not saying just sell it and stand firm. Should’ve been more specific. Basically, if you have a cd full of original music why limit it to just being free. Who wouldn’t want to make their money back? You could put it on every free outlet that’s available but also put it on iTunes, Amazon, etc. Real fans show face, listeners listen. Doesn’t hurt!

  • http://charmliferight.tumblr.com Chase Ultra

    It’s ill that artist are going through this. hip-hop is based off sampling music. I do agree that artist should stop hopping on all these industry beats all the time especially since there’s a producer around every corner.

  • https://www.youtube.com/user/KennyLaveauMusic?feature=mhee Kenny Laveau

    Truth! Luckily for me, I had interned at a record label and an exec explained this to me. She saw that I had not given credit to some of the producers when I was working on my first songs back in high school.

  • Brianna ♥

    Nicki Minaj sold her first mixtape on paypal using INDUSTRY beats & she never got sued..she’s famous now & there’s no law suit on her, plus I’m pretty sure she didn’t get those beats cleared ’cause that’s before she met Wayne, even after she met Wayne she still sold her mixtapes using industry beats. She also used those songs to perform on shows & such. Also, Lil Kim sold her Black Friday mixtape on paypal using industry beats & she didn’t get any law suit on her. BOTH artist used the “Your paying for the sticker/t-shirt & getting a free mixtape” method. Plus, like the homegirl Wendy Day said, there are more rappers than there are more fans, so do you really believe that those producers are gonna track down hundreds, maybe thousands of rappers using their beats so they can sue them? ESPECIALLY when your not selling the damn shit. So what’s the rank on being sued for not clearing or giving credit to the producer? 1 out of 1,000? Someone reply to this shit, I’m confused as fuck right now.

  • http://quickbeats.net FuNkwoRm

    Thanks for your passionate response Brianna. Like I said before, it’s a gamble every artist takes. Please check out this Wiz Khalifa interview where he briefly touches on the subject. The discussion starts at 4:39 into the video. http://www.youtube.com/watch?v=uOF85RQ9Glo

  • Brianna ♥

    Thanks Funkworm, so after listening to Wiz Khalifa, basically we HAVE to pay & clear those samples & we CAN’T perform these songs at shows beause we will get money back from what we spend to clear those samples, right?

  • http://detailshiphop.bandcamp.com DetailsHipHop

    @ROME True that.
    @ Brianna or any artist; I’d just try to meet another up an coming producer instead of writing and recording over everything; two artists striving to make something out of their creations are bound to move twice the speed as others stuck on the next beat to hit top radio.
    Originality(as much as we can actually call original anymore) is key, so everyone should grab a coy of reason and learn or find someone who will and work on how they could improve the scenes.
    @FUNK. thanks for that random clip of kahlifa

  • http://bit.ly/isova liveGHOSTofAdeadEMcee

    This one blog is like hip hop school and this one entry with all the honest opinions and valuabel feedback is like sitting in on a seminar! So glad I know about this site!
    Not to belabor the point, as @Funk stated – it’s a gamble – you have to use your own judgement in making your own decision. If you feel that you will make a significant boon monetarily – clear everything first. Otherwise, my strategy would be to just do what I feel is right with a track and release it. The free mixtape for a tshirt/poster idea is a valuable tool… However, I would still say that I would set benchmarks and renegotiate with my self. If something took off and I was selling 10,000 copies all out of my trunk (too short) – I would take that accomplishment as a tool to reach back out to those industry artists and say he can we work something out–I think I can really turn this into something with you agreement”

  • Young ura

    Thanks guys for the Ad it did help me learn more about mixtapes as i am the new up coming hip hop and R&B artist but in my own opinion i think we hv to practic to be creative also lets nt relay on othrs work lets build a future just full of beatmakers and producers with creative artist aswell i believe we can do that lets not use old beats on new artist if we keep on doing that the industry wont grow

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