glaring absence of soulwax's 'smells like booty'. destiny's child is
elsewhere on the album, one wonders who representing nirvana deemed their
track too holy to tamper with. too bad, it's one of my favorites.
feelings are mixed, on the one hand I'm glad a project has sprung up with
enough commercial appeal to push the contracts through to release, as now
there's precedent.
however, the precdent is... 'of course you have to pay! sure it can be
done, look at soulwax!' they've found a partial solution to the previous
condition of market failure, they're figuring out feasible royalties for
many many top-selling artists on the same release, they've got insane
accountants on their team. well, I'm not against this in cases like the
soulwax record where, let's face it, they're going to be making a fair
amount of money. The problem is when prohibitive license fees are applied
to fringe albums with no hopes of even beginning to recoup such costs.
still, as 'smells like booty' glaring absence suggests, we're not there
quite yet. one of the larger reasons oswald released '69/96' on seeland,
beyond the fact that the licenses had driven his retail cost up to $100 a
shot, was that he'd been unable to secure all the licenses, he'd have
needed to edit the set for a legitimate release.
we need compulsory sample licenses, exactly as we currently have compulsory
licenses for cover versions of songs. when someone wants to record &
release a cover version of a nirvana song, they can't stop you. you have
to pay, but they can't stop you. currently, artists retain total control
over whether or not someone else is granted the right to pay for a license
to sample their material. how nice.
my fucking god I type too much, pardons
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