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Sacrifice
06-21-2005, 11:54 AM
from NY Times...

http://www.nytimes.com/2005/06/16/arts/music/16sann.html

Mixtape Crackdown Sends a Mixed Message

Late on the night of May 13, a hip-hop promoter named Justo Faison died in a car crash in Virginia. And last week, on June 8, the East Village record and video shop Mondo Kim's was raided by the New York Police Department. What do these two stories have in common? Here's a hint: it's cheap, popular and
illegal.

Faison was the industry's most energetic promoter of hip-hop mixtapes, the
unlicensed compilations (almost always on CD, despite the name) of
unreleased new songs, current hits, never-to-be-released freestyles and
unofficial remixes. To keep (or get) hard-core listeners excited, rappers
are expected to maintain a mixtape presence by supplying DJ's with tracks
and also by collaborating with them to release "hosted by" mixtapes. Thanks
to Faison, the mixtape world even had its own annual ceremony: he created
and produced the yearly Mixtape Awards, a fittingly raucous celebration;
this year's attendees included Sean Combs, who won a lifetime achievement
award, and the Game.

In the days after Faison's death, rappers and DJ's paid their respects,
tribute rhymes started circulating online and a fund was started to help pay

for his burial and to aid his family. Contributions have come in from many
leading hip-hop record labels including Atlantic, TVT, Tommy Boy and
Interscope.

While artists and record labels were celebrating Faison's life and work, the

Recording Industry Association of America was finding another way to pay
tribute to the popularity of mixtapes. On May 12, the day before Faison
died, it announced a crackdown on stores that sold "pirated CD's," a term
that refers to "mixed tapes and compilation CD's featuring one or more
artists," among other products. (The association's taxonomy of piracy
defines "counterfeit recordings" as illegal knockoffs of existing commercial

CD's, and "bootleg recordings" as illegal recordings of live performances or

broadcasts.)

In last week's raid officers confiscated hundreds of CD's, seemingly
concentrating on the shop's well-stocked section of hip-hop mixtapes. Five
employees were arrested and spent the night in jail. All five were charged
with failure to disclose origin of a recording in the second degree and
trademark counterfeiting in the third degree.

After the raid, Brad Buckles, the recording association's executive vice
president for anti-piracy, released a statement saying that the Police
Department's "steadfast commitment to the fight against piracy has stamped
out yet another significant illegal operation." It continued, "Retailers who

are making money on the backs of musicians and record companies by selling
pirated CD's should know that this is absolutely no way to conduct a
business." Reached by telephone yesterday, Mr. Buckles confirmed that an
association representative was present during the raid.

Note that phrase "musicians and record companies." In its war against
illegal music distribution, the association has often treated these two
groups as one and the same, arguing that piracy-happy fans are hurting the
artists they love. But when it comes to hip-hop mixtapes, it is in a
trickier position: the artists themselves often help produce the same
mixtapes that the association is trying to squelch, and shrewd record labels

long ago figured out that mixtapes can help drive sales of conventional
CD's.

So while record labels donate money to honor a man who helped promote
mixtapes, the trade group representing the labels cracks down on those who
sell them. And who goes to jail? Well, suffice it to say that the police
haven't arrested any of the major-label record executives who profit from
the hype generated by mixtapes.

The raid on Mondo Kim's (the East Village location of the Kim's Video chain)

was by no means the first of its kind. The recording association has been
campaigning against mixtapes for a decade; the organization's 1995 year-end
report warned of "the growing popularity of illicit DJ mixes in CD format."
The Kim's 5 (has someone printed T-shirts yet?) are probably lucky that they

work in a record store frequented by music-industry types (and, yes, the
occasional newspaper reporter). When some shop in the Bronx is raided, those

hapless clerks can expect far less press coverage.

Oddly enough, two people charged in the Kim's case are fairly well-known
musicians. One employee arrested was Chuck Bettis, a familiar figure in the
experimental-music scene and a veteran of the cult postpunk bands the
Meta-Matics and All Scars. Another was Craig Willingham, known as I-Sound,
whose discography includes "Music Is a Hungry Ghost" (City Slang), a
collaboration with the German electronic group To Rococo Rot.

The Kim's case highlights the strange position of hip-hop mixtapes, which
have been making a bumpy journey toward the mainstream. There was a time
when mixtape fans had little choice but to hit the streets in search of
fly-by-night salesmen and out-of-the-way stalls. But when an artist as
popular as 50 Cent is releasing new material directly (and sometimes
exclusively) to mixtapes, and when hip-hop crews like the Diplomats are
supplementing their underground mixtapes with official (that is, licensed
and legal) mixtapes, then the boundary between street and store gets harder
to maintain.

Nowadays, hip-hop fans across the country can buy mixtapes online, although
perhaps it is only a matter of time before those Web sites, too, are raided.

Meanwhile, some record shops are trying to find creative ways to keep the
police and the recording association at bay. After the Kim's raid, perhaps
more retailers will follow the lead of one hip-hop shop (which shall remain
nameless), where mixtapes are on display but not, strictly speaking, on
sale. To get one, you have to buy a CD holder, priced at $7.99 but worth a
small fraction of that; with every purchase, you get a "free" mixtape.

Cyrus Ramsey
06-21-2005, 02:02 PM
ohhh ya, this article is getting moved to the front page. the RIAA is just getting out of hand now.

Sacrifice
06-21-2005, 04:13 PM
ohhh ya, this article is getting moved to the front page. the RIAA is just getting out of hand now.


Not that I spin a lot of things that the RIAA has a huge jurisdiction over, but I really bugs me waking up and seeing this knowing I'm gonna be in NYC passing out mixes soon.

If I get thrown in jail . . . . . umm laugh n stuff.

Cyrus Ramsey
06-21-2005, 04:40 PM
Honestly though, I think the RIAA is going after those who are making 100 + mix cd's and selling them in local record stores for profit.

I doubt the RIAA would have any issues with someone like me for example who passed out 30 mix cd's for free as a promotional tool.

now if I were to make 100 + copies of my cd and sell them in the record stores then i could see where they would get a little pissed.

however though, if this story shows any idea of whats to come from the RIAA, then it wont be very long before dj's like yourself and i are faceing the fireing squad over a couple promotional cd's we just threw out at a local rave.

r0t8
06-21-2005, 05:06 PM
except most dance music tracks come off overseas labels...

Cyrus Ramsey
06-21-2005, 09:36 PM
this is true, the mix i was putting out at freakfeat contained tracks athat all came from the uk.

nukki
06-22-2005, 12:33 PM
wow this is bS on so many levels.....the man was just making an honest buck, it sure beats the hell outta him pushin dope on the streets, but i guess its a loose loose situation either way.