The recent prosecution of an East Yorkshire DJ for producing and selling unauthorised remix CDs should serve as a wake-up call for anyone involved in the UK mobile DJ industry. It also reinforces many of the points raised in NADJ’s recent cornerstone guide to sourcing music legally.
Marc Kearns, 47, was handed a 26-month prison sentence, suspended for 18 months, after pleading guilty to creating and selling CDs containing unauthorised remixes of well-known songs. He was also ordered to complete 250 hours of unpaid work following a lengthy investigation involving East Riding of Yorkshire Trading Standards and the British Phonographic Industry (BPI). Investigators alleged that the operation generated significant income over several years. (Mixmag)
The important point here is that this was not a case of somebody simply playing music at an event. The prosecution centred around creating derivative works using identifiable parts of commercially released recordings without obtaining permission from the copyright owners and then selling those recordings for profit.
For working DJs, there is an important distinction. Buying music from legitimate download stores, purchasing physical media, subscribing to approved DJ streaming services and obtaining music directly from record pools operating within licensing agreements are all entirely different from manufacturing and selling unlicensed remix products.
The case highlights an issue that NADJ has discussed for many years. Copyright law exists to protect the creative and financial interests of artists, producers, songwriters and legitimate businesses throughout the music industry. When unauthorised products enter the market, they undermine those who invest time, talent and money into creating music legally.
It is also worth remembering that copyright infringement is not a victimless activity. Revenue lost through piracy and unauthorised exploitation ultimately affects the wider industry, from independent artists through to labels, distributors and the businesses that support live entertainment.
For professional DJs, reputation matters. Clients increasingly expect suppliers to operate legally and ethically, with the correct insurance, safety practices and legitimate music libraries. Using authorised music sources helps protect both your business and the industry that provides the soundtrack to our events.
This prosecution demonstrates that enforcement bodies are prepared to investigate and prosecute where commercial copyright infringement occurs. The involvement of the BPI and local Trading Standards shows that these offences are taken seriously and can lead to substantial financial penalties and criminal sanctions. (Mixmag)
If you’re unsure where your music comes from or whether a supplier is legitimate, now is a good time to review your library and purchasing habits. NADJ recently published a comprehensive guide covering legitimate sources of music for UK DJs, including download stores, streaming services, record pools and best practice for building a legal music collection.
Supporting legitimate music sources doesn’t just reduce legal risk. It supports the artists and businesses that keep our industry alive and helps ensure that professional DJs continue to operate to the highest standards.
Have you read our cornerstone guide to legitimate music sources for UK DJs yet? It’s an essential resource for anyone building or maintaining a professional music library.
Avtar Thethy
Fabio Capozzi
Alastair Craig
Dave Mills