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Stock Music Artists Aren't Always Happy About How Their Music Is Used (wired.com)

mirandakatz writes: If you're a stock music composer, you sign over the rights to whatever music you put up on a variety of hosting sites. That can get complicated -- especially when your music winds up being used to soundtrack hate speech. At Backchannel, Pippa Biddle dives into the knotty world of stock music, writing that stock music is 'a quick way for a talented musician to make a small buck. But there's a hidden cost: You lose control over where your work ends up. In hundreds, if not thousands, of cases, a tune becomes the backing track to hate speech or violent videos. Often such use violates the license the buyer agrees to when purchasing the track. But nobody reads the licenses -- and, more importantly, no one enforces them.'

25 of 147 comments (clear)

  1. Hate speech by Anonymous Coward · · Score: 5, Insightful

    Nobody has clearly defined what hate speech actually means. In practice, it is taken to mean anything that conservatives say.

    1. Re:Hate speech by Anonymous Coward · · Score: 5, Interesting

      While this is true, the artist enters into a contract with an agency that provides stock clips and a condition of this is that they can be used by whomever the agency decides to allow to pay for them. They generally don't know how they are going to be used, and in most cases don't care. It's just an extra money opportunity that for most will never yield anything, but for a few might result in a few bucks every now and then.

      So, if for example you were a tech worker who is a hobbyist bluegrass guitar player and you home-recorded a lot of compositions in various keys and styles and put them out there for use, you might never hear anything again. Or, you might have a deposit for a few hundred dollars show up one day and you have to check to find out that it was used in (TV series episode XX) as a few seconds of background music when two characters were listening to the radio in a car. However, you also may not ever know where it's been used and how if this escapes your notice, so your material may end up on a show that you severely disagree with, but you've signed over the rights so it's not your song anymore. And for most of us, it's the equivalent of clip art and we don't care what happens to it so if a check comes in every so often, so much the better.

      Posting for a friend of course.

    2. Re:Hate speech by Scroatzilla · · Score: 5, Insightful

      The most accurate definition I've seen/heard is "speech that I disagree with."

    3. Re:Hate speech by hey! · · Score: 2

      Hate speech is speech that is calculated to instill fear in some group; specifically fear of exercising their civil rights.

      The classic example is burning a cross. Compare burning a cross to burning a barrel of leaves over the line to your neighbor's property; that's just trespass. Burning a cross is about sending a message: it's not safe to live here.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:Hate speech by Baron_Yam · · Score: 3, Interesting

      >Nobody has clearly defined what hate speech actually means.

      Canada's done a pretty good job - "don't intentionally incite violence based on prejudice and falsehoods", more or less.

      https://en.wikipedia.org/wiki/...

      "statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace."

      " an accused is not guilty: (a) if he establishes that the statements communicated were true; (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text; (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada."

    5. Re:Hate speech by Vermonter · · Score: 2

      Except these days it seems to be the receiver of the message who gets to determine what "hate speech" is. If you burned barrels of leaves on my property and I felt it was because of my race or gender, then does that make it hate speech? What if I didn't like *you* because of your race or gender and so I decided to declare something innocuous that you said as "hate speech"? It's incredibly muddy waters, and the fact that there is not a clear definition is the biggest problem with hate speech.

    6. Re:Hate speech by Mr+D+from+63 · · Score: 2, Funny

      The most accurate definition I've seen/heard is "speech that I disagree with."

      No, its speech that CNN and MSNBC tell you to disagree with.

    7. Re:Hate speech by Anonymous Coward · · Score: 2, Insightful

      Thus spake someone who's never been the victim of targeted racism, people calling for your death due to your sexual orientation, or stating that you should be denied basic human rights because of your religious beliefs.

      It's easy to dismiss a defense you don't need personally, but for some of us the ban on hate speech means that there can't be a neo-nazi like rally in the streets calling for people like us to be treated as subhuman.

    8. Re: Hate speech by hackwrench · · Score: 3, Insightful

      Blank pages are visual silence.

    9. Re:Hate speech by Archangel+Michael · · Score: 3, Insightful

      I've been actively targeted with Hate speech. "White people just need to die" is hate speech, but it is okay, if uttered by a minority. Followed by "You're old, and you just just die" also uttered by some PYT who didn't like that I made sense to idiotic emotional vomit she was spewing.

      The point is, it is only "hate" if you disagree with it, or affects white straight cisgendered males.

      In other words, you idea of hate is probably not inclusive enough. Which is itself "hate" (or so I've been told)

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    10. Re:Hate speech by boudie2 · · Score: 3, Insightful

      The concept of hate speech contradicts free speech. You can't believe in both. You either have free speech or you don't.

    11. Re:Hate speech by hey! · · Score: 2

      Intent is a part of every crime; without "mens rea" (guilty mind) there is no crime.

      Suppose your neighbor comes from a country where fires in barrels carries a disturbing and threatening significance, but you don't know it. You burn a barrel of leaves on this lawn, but you have no mens rea as to the crime of intimidation; you have no idea. You're just guilty of trespass because that's all you intended to do, even though your act has the effect of terrorizing the victim.

      Now suppose you burn a cross on his lawn, fully intending to scare him into moving away, however in his culture a burning cross carries no symbolic significance. You are guilty of threatening your neighbor because that was what you were attempting to do, even though the threat doesn't work; he's just mystified rather than intimidated.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    12. Re: Hate speech by CarterMeyers · · Score: 2

      "Thus spake someone who's never been the victim of targeted racism, people calling for your death due to your sexual orientation, or stating that you should be denied basic human rights because of your religious beliefs." [Citation Needed]* *Please cite something recent, not from the 1800s, ww2, or the 1960s, thanks.

    13. Re:Hate speech by Anonymous Coward · · Score: 2, Funny

      I don't know how good a musician you are, but after seeing those run-on sentences I think you did well choosing not to be a writer.

  2. Simple solution by religionofpeas · · Score: 4, Insightful

    If you don't want to lose control, don't put your music in a place you don't control.

    1. Re:Simple solution by stealth_finger · · Score: 4, Interesting

      This. Before too long Levi's or whoever will be getting arsey because someone did one of these things in their jeans.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
  3. Not limited to music by Comboman · · Score: 5, Insightful

    Stock photographs also get used for things the photographer (or model) didn't anticipate and may not approve of. Are you a programmer? Guess what, a neo-nazi may be using your software to organize their mailing list. If your are an architect or builder, you may find that building you created is now a porno store, or an abortion clinic, or an NRA office. If you create something, you have little to no control over who uses it and for what once you sell it.

    --
    Support Right To Repair Legislation.
    1. Re:Not limited to music by Hognoxious · · Score: 2

      There is a small gathering of laws like publicity rights and such. I suspect they will grow more and more as time goes on.

      I'm sure the solution will involve a blockchain.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  4. It's not a bug, it's a feature. by king+neckbeard · · Score: 3, Insightful

    The whole point of stock music and photos is so they can basically be used as a neutral commodity. Same goes for fonts. Nazis (or whatever you fear) might use your fonts, too.

    --
    This is my signature. There are many like it, but this one is mine.
    1. Re:It's not a bug, it's a feature. by hey! · · Score: 2

      If you take the ethical and legal theories under which underpin intellectual property seriously, you can sell the right to use your IP with any kind of strings attached you want, subject to statutory constraints only. A "license" is just a kind of contract, and if the contract says you can only perform a song on a sousaphone on alternate Tuesdays, if you perform it on a harmonica you're a pirate.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    2. Re:It's not a bug, it's a feature. by jedidiah · · Score: 2

      > If you take the ethical and legal theories under which underpin intellectual property seriously,

      What makes you think the rest of us do?

      I view copyright laws as strictly a means to an end. You have no natural right to boss other people around when it comes to your work. Your legal monopoly should be VERY temporary and exists only as a means to and end.

      Namely you making stuff.

      Beyond that, I don't give a rats ass about your little temper tantrum.

      If you want to engage in artistic megalomania, I would rather you never bothered.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  5. Change your license... by mi · · Score: 3, Interesting

    Some of the open-source software I wrote caries a modified BSD-license. There is a separate item banning any and all usage by persons owning a Che Guevara T-shirt or any other paraphernalia praising or otherwise glorifying the Communist mass-murderer.

    stock music is 'a quick way for a talented musician to make a small buck.

    As long as no one is forced to sign away their rights, there is nothing to see here.

    --
    In Soviet Washington the swamp drains you.
  6. Creative Commons by TheDarkener · · Score: 2

    This raises a point to open-source style licenses for content, i.e. Creative Commons. Though there are restrictions to prevent using it for commercial purposes, AFAIK there's nothing against using a CC licensed song for, say, a promotional video for clubbing seals and eating babies.

    Comboman made a good point above though, this can be translated into any situation - if you're a builder, your building may be used for 'bad things'. If you're an open source programmer, your code may be used for 'bad things'. You can't have total freedom along with restrictions based on your opinions or viewpoints.

    --
    It is pitch black. You are likely to be eaten by a grue.
    1. Re:Creative Commons by mtippett · · Score: 2

      I was at a conference around 2000 where this sort of topic came up. Yes CC was all about sharing and growing, there were a few people arguing that *everything* should be CC, or at least CC-BY.

      I took a fairly contrarian stance talking about what could go wrong. The example I used was more topical for the issue of the day (I can't really recall it), but I did raise the CC-BY can be even more damaging for a creative person.

      In the example, a hate speech group not only uses the soundtrack because it goes well with their content and *they are legally allowed to*. It becomes downright awful when the same hate speech names *you* and *only you* somewhere on the track. Bringing a direct association of you with their message with the BY part of CC.

      Fortunately, it is relatively rare from an occurrence, but with today's media, if it sticks and it sticks well you are pretty much screwed. A great example of that is the appropriation of Pepe the Frog (originally by Matt Furie) as the mascot for the Alt-Right. Could happen to anything...

  7. Once again, Slashdot heaps on the bull shit by Jason1729 · · Score: 2

    Often such use violates the license the buyer agrees to when purchasing the track. But nobody reads the licenses -- and, more importantly, no one enforces them

    This right here, from TFS. It has nothing at all to do with small artists releasing rights on a stock website. It's no different if they use a no-name composer from AudioJungle or whoever the RIAA is trying to push this week. It violates the copyright. If you don't want your work illegally used used in a way you don't like, don't make it available.