Ballad of a Mixtape A hip-hop gentlemen's agreement runs into musical copyright law

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Caprice says the Listen Vision CDs help with promotion and are akin to a studio release, “the kind of thing Bob Dylan used to do.” He says he’s not interested in working out any rights disputes at the moment. “With each artist, I would have to say, it’s a different case,” he says.

But talk to representatives of some of the other artists Beaver says he’s worked with, and a different pattern emerges. Take Raheem DeVaughn. Michele White, DeVaughn’s assistant manager, says DeVaughn has never been to Listen Vision, despite the fact that his song, “Miss Hi-Heels” appears on one of Beaver’s CDs. “He’s never recorded at the studio before, and he’s never given permission for the song to be used,” White says. “He was like, ‘I ain’t never record there.’”

Through White, DeVaughn does say he remembers cutting the song with “some producer dude” at XM Radio. He couldn’t recall if it was Beaver. Messages left at XM (which has, since Beaver left, merged with Sirius) inquiring about Beaver’s rights to the material weren’t returned.

Then there are the Beastie Boys. A track of theirs appears as “Right Right Now Now (H.H. Remix)” on the Listen Vision Best of Compilation. But Beastie Boys spokeswoman Laura Eldeiry says the “Beastie Boys have never used Listen Vision Studios, and DJ Boom did not produce the song.” She insists the band produces all their songs at their own Oscilloscope Studios in New York.

It turns out some of the tracks on the Listen Vision CDs were actually recorded—or simply remixed—during Beaver’s two years at XM Radio. “A lot of the big names I worked with were at XM,” Beaver admits when I ask him about the artists’ denials. The Beastie Boys were never in the studio with him at all, he allows, but he insists it’s still appropriate to include them on a compilation because he’s the founder of Listen Vision: “As a producer I have the right to collect and highlight my work.”

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That’s not necessarily a theory of copyright law many people—or courts—would agree with. But Beaver sticks to it. “I guess in some way, shape, or form XM has rights to it, but in some way, shape, or form, we have rights to it, too,” Beaver argues. He claims he has paperwork proving he’s allowed to sell all the tracks on the compilation CDs MPD confiscated.

Except he also says his lawyer has advised him not to make the contracts that would prove his claims public. “It would be a legal move that would be pretty questionable,” he says. “My lawyer and myself aren’t comfortable revealing the contract because it would be a breach of privacy.” The contracts allowing him to sell the tracks, Beaver says, include non-disclosure agreements.

Beaver does produce videos or photos of artists like Run-DMC, Flo Rida, Rick Ross, and Ghostface Killah at Listen Vision; KRS-One recorded a whole theme song for the studio. But at least some of the tracks on his compilations appear to be in the same legal area as many hip-hop mixtapes—which is to say, a murky one at best.


Why, though, does MPD care? If mixtapes help promote the artists and the studio, and everyone involved agrees to wink and nod about the legal arrangements, are a few compilation CDs really the sort of thing the city’s law enforcement authorities should be focusing on?

The RIAA’s Kennedy says Listen Vision had an “inordinate amount of illegal CDs” that violated “true name and address” law. “As you would guess, it’s clearly illegal to affix the Listen [Vision] name on any CDs for which the individuals or entity does not own the copyrights to, including many of those at issue here,” she says.

D.C. copyright law says a business can be guilty of counterfeiting or piracy if it sells a recording or a DVD that doesn’t “clearly and conspicuously” display the name and address of the manufacturer. That information has to be on the cover, label, or jacket of the item. The belief is that those selling the products illegally wouldn’t want to provide a valid name and address. The law represents a good way of going after mixtapes or bootlegs. Beaver’s compilations have an address, though it appears inside the cover, where it might be hard to spot. He says many of the discs confiscated without addresses were part of the studio’s library.

Even assuming that all the CDs MPD seized were pirated, the studio represents, at most, a small problem. Selling CDs isn’t a major component of their business model. That means the labels aren’t looking at a major threat. Likewise, the artists on the Listen Vision comps won’t likely be knocking down Beaver’s door soon. Mixtapes, after all, are hip-hop tradition. You could make a pretty good case that MPD should focus on other things.

Beaver, though, wouldn’t agree with you. He believes the RIAA should be going after music pirates. Occasionally, he runs into bootlegs of his own material. “My products and my beats have been stolen for years,” he says. “I’m more of a victim than anyone else. That’s the irony of the situation.”

Our Readers Say

Wow, the RIAA has police powers now! Scary!
The city dose have bigger problems than an stack of c`d`s !@#% Sad day!!!
That Cathy Lanier. Full of laughs. And likely just as unconstitutional as the Trinidad checkpoints.
What an infuriating waste of taxpayer resources. And for what?
Fair use would cover keeping library copies of his XM recordings, for example, or demo-ing them as part of a body of work. However it does NOT cover re-selling those works, which XM presumably paid him for as a work for hire (or retains rights to as the production facility), or re-selling any copyrighted work, in any form, without permission of the rights holder. Kind of a no-brainer.

And if an artist is under contract somewhere, it's just not his/her prerogative to make informal side deals with someone else. Sounds like this guy was just a leeeeetle too easily convinced otherwise.

And the city does NOT have bigger problems than the epidemic of felonious stupidity. You can't claim a right to rip off copyrighted material just because you don't know any better, which in 10000000% likelihood, this guy did anyway.

I'm sure he's a talented guy. Too bad he snorted his whole life away and had to start over.
So...you were doing something illegal. You admit to doing something illegal, and you have a problem that the police took action. Yeah, this is headline type news.
Ne Cede Malis, Jeremy!
Great article! I support Listen Vision all the way!!!!!!!!
Listen Vision is innocent!
Really interesting article. Target Squad and Terrorism? Yeah, right. Listen Vision is the least of people's worries. Wondering if anything will actually come of this...
"This place smells... better than a crackhouse." Good job, privatized police. This place makes great original music. Keep Rockin, LV!!!!!!!!
Tough situation. But all in all this place does a good job with the local artist they work with. Stay up!
They did the same to Drama over his Gangsta Grillz mixtapes...This is just the SS extension of Tipper Gore's old PMRC org. It's very Orwellian.
This really needs to stop. The RIAA needs to be disbanded, reorganized or at least called to task on every single one of it's actions. As far as I know almost every statistic they have used to show how much money they're "losing" has proven to be at best circumstantial.


http://pirate-party.us
"As Beaver ate carpet..." best line ever
I can vouch that this company has only the best interests of the DC hip hop community at heart.
WOW....The acts taken by the RIAA is insane...You should at least do your research throughly before entering someone's place of business especially at gun point and handcuffing people. Besides it's way more pressing issues right now then some damn cd's. If it was that serious, I'm sure someone could've filed a suit and took LV to court or something. The way things happened was beyond extreme, and to add insult to injury there were people of the RIAA playing instruments owned by the studio..All I want to know is....who actually thinks to do something like that at a time like dat. Just think about it...you have Dj Boom thrown to the floor and handcuffed, employees being handcuffed, and cds being removed from the studio...Did I miss something, because I don't get it. I guess they wasn't lieing when they said the music can hit u at any time (shaking my head). Anyways, LV keep your head up and keep doing what you do best and that's providing local dmv artists a professional place of business to create them hits.
really? mixtapes was the reason MPD came in with guns drawn like it was a Stallone movie? sad to see the police force being used against a company that is striving to help indie artists make a name for themselves around the community...its unfortunate that this took place, but i guess we can see the small glimer of light behind this attack against an upstanding company, free publicity! :D ... thanks for the publicity Mr. Smith...
Ok it seems as though theres a very valid point being missed there not a music store!I've recorded there several times and have never seen anyone in there buying music 99.999999% of their money im sure does not come from selling cd's. LV is a recording studio that in my eyes only has 1 main goal and thats to turn out quality music.
they dont never talk about the good things listen vision is doing like helping cardozo high school and hooking them up with a studio so the kids can fuck around in the studio and not being outside doing dum shit i know dj boom for about 6 years layed my first verse ever at lv never seen nothing illegal going on and so many main stream artist came through there to show some love fuck these mother fuckers go after them killers and shit not after people making beautiful music like my man boom .keep your head up boom
I just find it this whole thing disheartening. Say, they had found something. They would have reported back to the major labels which represented whichever copywritedd material was stolen. These major labels would have then sued this small studio for hundreds of thousands of dollars for selling mixtapes. As stated in the article, undocumented mixtape agreements are the standard in this industry. The RIAA represents the corporate beast that has infiltrated the expression of music and turned it into the "music industry." That's fine in this capitalist society until the corporate beast sabatoges musical tradition, in this case, mixtapes.

Leave the small recording studio alone!!
I just find it this whole thing disheartening. Say, they had found something. They would have reported back to the major labels which represented whichever copywrited material was stolen. These major labels would have then sued this small studio for hundreds of thousands of dollars for selling mixtapes. As stated in the article, undocumented mixtape agreements are the standard with hip hop. The RIAA represents the corporate beast that has infiltrated the expression of music and turned it into the "music industry." That's fine in this capitalist society until the corporate beast sabotages musical tradition, in this case, mixtapes.

Leave the small recording studio and the art of hip hop alone!!
I'm an independent record label owner (Mysterio Records,LLC) and I can tell you our band "El Imperio" has recorded 3 great albums at Listen Vision Studio. I have recommended a numerous amount of artists whether local or national to DJ Boom's team and every last one of my referrals have been more than satisfied with the superb sound and quality of the final product. If anybody is serious about recording, I will strongly recommend that you get your project done at Listen Vision Studio. The skills that this recording engineers have is unmatched by others, and DJ Boom is a perfect example of the studio that has helped put DC on the map in terms of professional recorded albums. That is real work, Listn Vision the heart of DC's music Artists.
FACTS NOTICEABLY MISSING!!!!!

1) Massive success of The "Gray" Album (Jay-Z's "Black" album mixed with The Beatles "White" album), Funkmaster Flex's successful series, Tony Touch "50 MC's"

2) Best Buy, Target, Borders, FYE--- have dozens of cd's on their shelves without name and physical address on the back, where is their raid?

3)Mr. Beaver has done more for the DCPS system through the installation of state-of-the-art A/V equipment than the last three mayors combined. DC is 51st out of 50 states in terms of testing and educational performance (but 1st in per capita budget), DC certainly does have bigger things to worry about, there is your story City Paper.

(Earlier diatribe from "consumah" is obviously an RIAA response)

4)DC is desperately in need of creative, non-violent outlets for expression, at the entrance to Howard U and with The Listen Vision Academy, they do just that!

5) Everyone knows Dj Boom has produced some of the biggest names on the planet, I witnessed many of them with him at XM, even more at Listen Vision, and I'm sure plenty outside of both places. If you go to Listen Vision's website, any idiot can see pics, videos, and songs with these artists literally rapping about Boom; Is he not allowed to display his work from over the years???

6) Article very clearly written by someone who does not understand the music industry, personally dislikes hip-hop and ethnic diversity, and is bitter about not having the same "uncommon optimism" to help/change the city through the use of music and technology (or in his case journalism). Check the writer's blog where he blasts their peaceful, non-violent, non-criminal live internet radio show on Fridays. Even says: "WCP Dislikes RIAA" on his own twitter!

7) LASTLY, words and facts can be chewed up and spit out, in order to paint the picture one wants to paint, surely an article ON the City Paper themselves, would turn up so many scandals surrounding slander, libel and twisting information, that they might be next in line for a raid. Omission, is akin to lying, just ask Dan Snyder.
Does RIAA have nothing better to do? really? because they should know wat real compyright infringement looks like some of the record labels they represent and many more brought a class action lawsuit against XM Satelliete Radio for it. XM was actually allowing people to record music into their Inno(portable recording device) from XM not giving a dime to the artist. XM was being sued for $150,000 per song for songs played between march 30th of 2006 and dec 6th 2010 and keep in mind XM plays about 160,000 songs a month. XM ended up settling for $5 million. Now thats compyright infringment! Jimmy chang made a good point they hardly make any money off of selling cds. Point is there are bigger fish to fry.
Publicity is the best form of advertising...and front page of the paper is the best of the best. Keep bangin' DJ Boom!
I been bangin with Listen Vision for years and have always given and received nothing but appreciation, professionalism and support. To hear about some stupid act of police "screw"tality over mixtapes is an embarassment only to the RIAA. Dear Police, SHAME!! Switch to decaf and fat free donuts ASAP before you end up publicly executing some poor street performer beating on his bucket made drumset for COPYRIGHT INFRINGEMENT!! Truthfully I feel it was an action taken against DC hip hop. For years LV has been a legit business advocating local hip hop and the culture by not only providing professional studio services but also through putting on live shows and indie radio broadcasts with actual DJ's/ Turntablists spinning records out front of the studio on Georgia Avenue for the annual festivals that take place. These guys actually take part in cultivating the scene not incriminating it. Despite the BS, after the smoke clears.....LV is still around and making great music! See you at the studio Boom! CHUUCH!!
I wasn't extremely upset to hear the news about the raid. Boom is doing an outstanding job.I support you all at listen Vision 100+,"keep on doing what your doing". They need to leave you all alone.
See you all soon, I will be out there to jam on front.
http://www.forthedmvonly.com/2008/11/greedy-n-public-service-announcement.html

they BEEN on blast.
Couldn't have happened to a nicer guy. HA!
dj boom is the biggest crook in the game. ive known him for many years. they guy is facing a little karma for all the dishonest decisions he has made.
“My products and my beats have been stolen for years,” he says. “I’m more of a victim than anyone else. That’s the irony of the situation.” ~ What a joke!! That's Karma coming back on you, DJ Boom. Why don't you admit your guilt? Every action has a consequence and now you're facing yours!
It all just doesnt add up, trust me this guy is the classic snake. To claim to be the victim of the whole situation is rediculous. Looks like its all catching up to you Dj Boom! I hope you have trouble sleeping at night off of this. You deserve what you get, sit back and flip through your mind files and think of each and every person you jerked around and sold thier music overseas without thier knowledge..
KARMA in dat bootyhole boi!
1.) Real recording studios don't sell "mixtapes" and have neon signs in their window that read, "hot beats." Why anyone would record in this dank pit when there are real facilities like Night Flight, Depth Charge, House Studio (just to name three) in the area for roughly the same price, is beyond me.

2.) The RIAA has been doing this for quite some time. They have shut down shops all over the country for the past 10 years. It should come as no surprise to anyone who knows anything about the music industry that Listen Vision would be a target for such a sting when they are clearly promoting the fact they sell mixtapes and are not engaged in legal wholesale activity with distribution outlets.

3.) The RIAA is the organization that gives me plaques. I like plaques and would have more of them if people would simply obtain their music through legitimate sources. It is rather convenient that those on this message board claiming the RIAA should "have better things to do," probably have never been in a professional situation with a recording company where bootlegging has a direct impact on whether they recoup their budget and make even a few dollars off their record.

In the early 90s there was a saying: "If you bootleg you get your leg broke." These guys are fortunate they are dealing with the RIAA in the present time instead of a few years ago when rappers would actually attack bootleggers on the street.
Jeremy "DJ Boom" Beaver is a crook. I hope they prosecute for all the people he could have helped and decided to take their money and product and sell it without them knowing. You dumb fuckers defending this slime, don't even know he is profiting off selling your music without you even knowing. You all just see what's in the store. Just like he wanted you to see and he knew you would be stupid enough not to know how he was ripping you off behind your back. Google his online shit and don't be surprised when you see your own name pop up and being sold under Listen Vision. The FEDS know how to handle smart asses like him that play dumb. Ignorance of the law is know excuse to break it.
To Copyright holder:
"Ignorance of the law is know excuse to break it." You sure can keep your copyright to this phrase! Oops, sorry, I just have used it! OK, I'll owe you a couple of millions.

Looks like RIAA and the Homeland Secu... Oh, sorry, it's the Hollywood Security now! Anyways, looks like they are coming closer and closer every day, perhaps even forming a new government body. Just lump together copyright and counterfeit and trademark ... Oh, sorry again, that has been done already!

Ahhh, screw RIAA and its "cops for hire"!
I love DJ Boom like a brother. He and I had a radio show at GW. We threw parties together. He produced my songs. He got a raw deal.
When someone emailed me this article I could do nothing but smirk! I have read comments on this site and others! But most don't know the truth! From years of tax evasion to yes actual theft of others production,vocals,and songs! This guys time has come to the light! Wonder how and why he only spent two years at XM? This guy has raped the culture and spirit of dc and hip hop! Ask dj p cutta about his fiascos and phony contracts! His employees are come and go..dj boom I wonder how u sleep at nite knowing that u sell dreams to hard working artist in the DMV area! This guy is not self made...he represents nothing in hip hop..no hardwork or dedication no morals values or integrity! Name one artist he has gotten signed to a major label?? There are alot of people that know the real truth...sorry beaver this time your money is too short...no fast talking...phony contracts...or wolf ticket album deals! Being a native new yorker...I wonder would he ever tried this in his home state of new york? I'm not gonna dry snitch but thus ends a legacy of theft across the street from lovable Howard university! This is not cops for hire, this is the riaa doing a wonderful job! Contracts lmao he has no contracts with these artist he so called met! Does Scotty beam still work at XM?? Oh I guess he quit or got fired when the heat came on! He doesn't care about y'all hardworking and loyal boomites..he does the same thing behind your back too! W P do a real article with the real people that has done business in his establishment! Not people that he owes favors,beats or studio time...WAKE UP DC! They smile in ya face!!!
*1) Massive success of The "Gray" Album (Jay-Z's "Black" album mixed with The Beatles "White" album), Funkmaster Flex's successful series, Tony Touch "50 MC's"*

There was a cease-and-desist against Dangermouse for 'The Grey Album' - he then offered it up as a FREE download. I'm pretty sure that may have had something to do with it's popularity. As for Flex's successful 'mixtape' series - those were on Loud Records.

*2) Best Buy, Target, Borders, FYE--- have dozens of cd's on their shelves without name and physical address on the back, where is their raid?*

Please name 3 for us. No. I'll make it easy for you - name ONE.

*3)Mr. Beaver has done more for the DCPS system through the installation of state-of-the-art A/V equipment than the last three mayors combined.*

I would imagine philanthropy is MUCH easier when you're not paying your artists or income taxes.

*5) Everyone knows Dj Boom has produced some of the biggest names on the planet, I witnessed many of them with him at XM, even more at Listen Vision, and I'm sure plenty outside of both places.*

Producing bumpers for a radio show that may focus on a particular artist is not producing for the artist. It is producing for the radio station.

*If you go to Listen Vision's website, any idiot can see pics, videos, and songs with these artists literally rapping about Boom; Is he not allowed to display his work from over the years???*

I have a picture of George Clinton and myself shaking hands. Going by your 'logic', I should have free reign of Parliament/Funkadelic's entire back catalog.

*6) Article very clearly written by someone who does not understand the music industry*

Pot, kettle.
Kettle, pot.
PMG will continue releasing digital mixtapes and will continue distributing download cards at events in the DMV. After all, we are criminals let the MPD tell it... So why not break the law to break good records?
it is well known within DC/MD/VA hip-hop circles that DJ Boom is a complete fraud and a crook who steals people's beats and resells them as his own. Shout outs to DJ DC who posted this link

http://www.forthedmvonly.com/2008/11/greedy-n-public-service-announcement.html

Read the comments on that article and see if you feel any sort of sympathy for this scumbag who for years has been a leech on the local hip-hop culture. I have heard multiple stories about this guy ripping people off and getting away with it, it was only a matter of time before karma came back to crush this ignorant roach of a man.

Check out this link too, from the Ripoff Report

http://www.ripoffreport.com/recording-studio-record-producers/listen-vision-record/listen-vision-recording-studio-b6327.htm

Expose this culture vulture for the fraud that he is!

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