Lemonface band members Dana Wilentz, bass/vocals; Brendan McCusker, drums; and Richard Wynne, guitar/vocals, sell downloads of their music on iTunes, DigStation and CD Baby.
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Washington – Teenagers often are viewed as the worst
violators of copyright laws, illegally downloading and sharing
music on the Internet, but as artists they also have much
to gain from copyright protection in the United States.
The Internet, the frequent tool of intellectual property
piracy, also has made it easier to protect intellectual
property and earn legitimate income for teenage artists
who copyright and license their music online.
Rock musician Dana Wilentz was 2 years old when her mother
asked her where she learned the song she was singing on
a train. “When I told her I wrote it, she didn’t
think I was a musical prodigy,” Wilentz told America.gov.
“She thought I was a liar.”
Today, Wilentz, 17, composes music, writes songs and plays
guitar, drums, piano, ukulele and the pan flute. She is
a founding member, singer and bass player of the increasingly
popular rock band Lemonface. The band has performed at CBGB’s
in New York and at Washington’s 9:30 Club, opening
for the bands Flogging Molly in 2006 and Rooney in 2007.
Along with being a talented artist, the secondary school
senior in a Washington suburb is a savvy businesswoman.
Wilentz and fellow Lemonface members Brendan McCusker,
17, drummer, and Richard Wynne, 17, guitarist, hired a producer
to copyright their music and protect the band from intellectual
property theft by licensing its songs through several Internet
music sites, including iTunes, DigStation and CD Baby. Now,
in addition to selling T-shirts and CDs at Lemonface live
performances, the band cashes in on fees paid to download
its music. All three members of Lemonface have parents who,
as professional musicians, know the economic consequences
of piracy.
Increasingly, people under the age of 19 are copyrighting
their original songs and compositions, which makes them
eligible for public performance royalties, said Phil Crosland
of the American Society of Composers, Authors and Publishers
(ASCAP). More than 3,400 writer/composers under the age
of 19 are members of ASCAP, and about 60,000 are in their
20s, he added.
In the United States, copyrights, patents and trademarks
are legal forms of intellectual property protection. Copyright
protects authors of literary, dramatic, musical, artistic
and other intellectual works.
“If you’ve written a music composition or song
you should be entitled to some kind of compensation whenever
it is publicly performed,” Crosland said.
ASCAP, a professional organization founded in 1914 by several
pioneering songwriters and composers, including Irving Berlin
and John Philip Sousa, represents 300,000 individuals and
provides public performance licensing for nearly 8.5 million
songs and musical compositions to the users of music.
Because there is a tremendous amount of music use in the
United States, the challenge for such organizations as ASCAP
is to keep people, especially teenagers who perform and
listen to music, aware of current copyright rules and protections.
“We’ve got an entire generation that has grown
up with the Internet and really believing that everything
on the Internet is free or should be free,” Crosland
said.
Even when a person streams or downloads copyright music
to a personal computer, including sample demos, there is
an element of “public performance,” Crosland
said. To comply with U.S. law, any user that performs or
broadcasts copyright music -- whether it is a radio station
or a restaurant or an Internet site such as iTunes -- is
required to obtain permission to use the copyright material.
This is easily done through a license from one of the three
performing rights organizations (PROs) representing music
creators recognized by the U.S. Copyright Act of 1976: ASCAP,
Broadcast Music Inc. (BMI) and SESAC (originally known as
the Society of European Stage Authors and Composers).
Each time music is publicly performed from an Internet
site, the copyright holders -- including the songwriter,
composer and publisher -- receive payment from one of the
PROs. According to Crosland, the most frequently visited
Internet sites today are licensed by ASCAP for that public
performance.
ASCAP began a search in 2004 for an effective campaign
to educate teens about legal downloading of music, Crosland
said. Early in 2007, ASCAP partnered with iSafe, a national
children’s Internet safety organization sponsored
by the U.S. Department of Justice, Microsoft and Verizon,
to launch a comprehensive school program based on a cartoon
character, Donny the Downloader. This year alone, 2.2 million
middle and secondary school students will be introduced
to Donny, a typical 14-year-old who discovers his illegal
downloading really hurts people.
For now, Wilentz and Lemonface are just having fun doing
what they love, but Wilentz plans to make music her lifetime
career. “I’m young but I know I definitely want
to be in the music industry playing and writing,”
she said.
“I’ll be playing music for the rest of my life
– absolutely -- if not with Lemonface then with something
equally great.”
More information about Lemonface
is available on the band’s Web site.
Additional information
on legal downloading of copyrighted material is available
on the iSafe Web site.