Following on the heels of its market-shaking pay-your-own-price scheme for the album In Rainbows, Radiohead's mixing it up again by offering "stems" from its new single, "Nude," via iTunes for fans to download and remix. Remixes can be posted at a dedicated web site, where other fans can vote on their favorites. There's no official prize or competition, but you've got to figure the exposure for having the top remix will be potentially career-changing.
As with In Rainbows, what's interesting here isn't the plan itself -- musicians have been posting their tracks online for fans to remix for a decade. It's that Radiohead, long a major label darling safely ensconced behind EMI's garden walls, is stepping out and proactively pursuing new business and distribution models (the remixes can even be shared via Facebook widgets -- wow, these guys are on top of the Web 2.0 thing).
I do have a few quibbles and reservations, however.
First, what really fascinates me is that Radiohead is charging for the "stems" -- essentially, consumers will be paying six times for a single song -- once for the whole thing, and once for each isolated track. I haven't yet decided whether this is disgusting fan-exploitation and the reprehensible commercialization of the configurable public sphere, or a brilliant natural evolution of the music industry, following consumer demand where it's naturally leading. Maybe both.
My second beef, however, is much more serious. According to the terms and conditions, remixers -- even those who compose and perform their own additional tracks in their remixes -- will have zero stake whatsoever in the resulting song. No ownership of publishing or masters, no credit. Period. This is just plain wrong, and is the antithesis of everything that makes configurable culture great. If you're going to exploit the emerging demand for remixed content, and encourage people to participate in the co-production of cultural material, you need to provide a legal and ethical infrastructure that reflects those decisions. Otherwise, you're just continuing the monopolization of cultural production. Boo on Radiohead.
Here's a list of the terms and conditions, see for yourself:
You (the Entrant) hereby agree, confirm, represent and warrant that:
1. all rights in and to any remixed versions (“Remixes”) of the song
“Nude” (“the Song”) created by the Entrant shall be owned by
Warner/Chappell Music Ltd (“WCM”) and to the extent necessary the
Entrant hereby assigns all rights in the Remixes of the Song to WCM
throughout the World for the full life of copyright and any and all
extensions and renewals thereof. If requested by WCM, the Entrant shall
complete and sign a formal assignment of copyright to give effect to
the foregoing;
2. all rights in and to any Remixes of the original sound recording of
the Song (“the Master”) created by the Entrant shall be owned by
_Xurbia _Xendless Ltd (“Xurbia”) and to the extent necessary the
Entrant hereby assigns all rights in the Remixes of the Master to
Xurbia throughout the World for the full life of copyright and any and
all extensions and renewals there. If requested by Xurbia, the Entrant
shall complete and sign a formal assignment of copyright to give effect
to the foregoing;
3. Thom Yorke, Jonny Greenwood, Colin Greenwood, Ed O’Brien and Phil
Selway will be registered and credited as the sole writers and WCM the
publishers of the Remixes of the Song created by the Entrant;
4. the Entrant will not acquire a copyright interest in the Song by virtue of creating Remixes of the Song;
5. the Entrant will not use any other elements or parts of the Song
(“Stems”) otherwise than to create Remixes of the Song for entry into
radioheadremix.com;
6. the Remixes of the Song do not incorporate any samples which are
subject to third party proprietary rights or otherwise infringe the
rights of any third party;
7. the Remixes of the Song are not obscene, defamatory, libelous,
threatening, harassing, hateful, racially or ethnically offensive, or
encouraging of conduct that would be considered a criminal offense,
gives rise to civil liability, or violate any law; and
8. the Entrant will not exploit, or allow others to exploit, the
Remixes of the Song created by the Entrant without seeking the prior
approval of WCM and Xurbia.
In submitting Remixes to radioheadremix.com the Entrant confirms and
warrants that they have full power and authority to enter into this
agreement and hereby indemnify WCM and Xurbia from and against any and
all costs and damages incurred as a result of any breach of the
representations and warranties made by the Entrant herein.
9. by participating in Radiohead Remix, entrants agree to release and
hold harmless Apple and its affiliates from and against any claim or
cause of action arising out of such participation.
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