Congressman Doyle Calls for Reevaluation of Copyright Laws

Washington, DC – March 7, 2007 – U.S. Representative Mike Doyle (PA-14) today pointed out how radical changes in the way Americans make and listen to music have overtaken copyright law. Congressman Doyle raised the issue this morning at a hearing on the future of radio that was held by the House Energy and Commerce Committee’s Subcommittee on Telecommunications and the Internet.

“I hope that everyone involved will take a step back and ask themselves if mashups and mix tapes are really different, or if it’s the same as Paul McCartney admitting he nicked a Chuck Berry bass riff and used it on the Beatles hit “I Saw Her Standing There,” Congressman Doyle said in a statement at the opening of the hearing.

“I want to look at whether webcasters saddled with new royalty fees, a satellite radio monopoly, or low power FM radio stations can help artists break through the clutter and be heard by enough people to be successful,” Congressman Doyle added.

Mashups are musical creations that incorporate existing songs, rhythms or riffs. Mashups can be incredibly creative original works of art or social commentary, but under current copyright law, they can also constitute illegal use of someone else’s intellectual property.

Mix tapes are collections of songs or audio tracks arranged in a particular order. They aren’t necessarily recorded on cassette tapes; in fact, most mix tapes today are on compact discs or in digital audio files. Mix tapes made by certain individuals are highly valued by many artists and listeners because they expose broad new audiences to little-known artists.

Here is the full text of Congressman Doyle’s statement:

I want to tell a little story about a local guy done good. His name is Gregg Gillis and by day he’s a biomedical engineer in Pittsburgh. At night, he DJs under the name Girl Talk. His latest mashup record made the top of 2006 lists from Rolling Stone, Pitchfork, and Spin Magazine among others.

His schtick, as the Chicago Tribune wrote about him, is “based on the notion that some sampling of copyrighted material, especially when manipulated and re-contextualized into new art, is legit and deserves to be heard.” In one example, he blended Elton John, Notorious B – I – G, and Destiny’s Child all in the span of 30 seconds. While the legal indie music download site eMusic.com took his stuff down for possible copyright violations, he’s now flying all over the world to open concerts and remixing for artists like Beck.

The same cannot be said for Atlanta-based hip-hop mix tape king DJ Drama. Mix tapes, actually made on CDs, are sold at Best Buys and local record shops across the country and they’re seen as crucial to make or break new acts in hip-hop. But even though artists on major labels are paying DJ Drama and others to get on their next mix tape, the major record labels are leading raids and sending people like him to jail.

I hope that everyone involved will take a step back and ask themselves if mashups and mix tapes are really different, or if it’s the same as Paul McCartney admitting he nicked a Chuck Berry bass riff and used it on the Beatles hit “I Saw Her Standing There.”

Maybe it is. And maybe Drama violated some clear bright lines.

Or maybe mix tapes are a powerful promotional tool. And maybe mashups are transformative new art that expands the listener’s experience and doesn’t compete with what an artist has made available on iTunes or at a CD store. I don’t think Sir Paul asked permission to borrow that bass line. But every time I listen to that song, I’m a little better off for him having done so.

To get these questions about the future of music answered, we first have to look at the future of radio. I want to look at whether webcasters saddled with new royalty fees, one monopoly satellite radio company, or low power FM radio stations can help artists break through the clutter and be heard by enough people to be successful. I want to look at how consumers experience music and how radio shapes that.

I look forward to the witnesses talking about these issues and more, and I yield back.

Video of the entire hearing, including Congressman Doyle’s statement, can be viewed or downloaded by clickin on this link
The Digital Future of the United States: Part II– The Future of Radio

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