Was music ever illegal?
During the Rock era in the early 60's, the FCC began to ban certain songs that had to do with a range of topics that were considered indecent. These topics ranged from sexuality to violence and any songs that were considered to promote, incite, or explicitly mention these issues were often times regulated by the FCC.
During the dictatorship of the Khmer Rouge (1975 to 1979), all music in Cambodia was banned - the only exception being anything to do with party propaganda. Instruments and records were systematically destroyed by the regime, and as many as 90 percent of musicians and dancers were killed.
When did music censorship start? It began in the early 20th century. This began when music recording started to preserve the young generation. Some changes included altering lyrics and removing references to sex, drugs, and violence.
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, rental or digital transmission of copyrighted sound recordings. (Title 17, United States Code, Sections 501 and 506).
Iran. The Iranian Revolution of 1979 brought a complete ban on music on TV and radio. The Revolution implemented a theocratic government led by officials who are regarded as divine. Iran is solely led by religion.
Most of the Mughal emperors were also very fond of music. But there was one notable exception- Emperor Aurangzeb, who banned music because he thought that it was illegal and against the spirit of Islam.
One of the main complaints of parents had to do with the sexual nature of rock In' roll lyrics and of some of its performers. They feared that the lyrics of songs like Great Balls of Fire by Jerry Lee Lewis would inspire the destruction of sexual morals and abstinence.
1939-1954 was viewed as a dark age by early rock fans as it was the music they were rebelling against, although some of it has enjoyed an uptick in reputation (there was a swing revival in the 1990s and some songs and artists from this period have enjoyed new life in movies and games).
One type of copyright infringement is popularly known as piracy. This involves duplicating and distributing copyrighted materials without permission from the copyright holder. While it is widespread and tacitly accepted in some circles, piracy can lead to civil liability and criminal penalties under federal law.
Street performing is legally considered to be artistic free speech and is protected, just as is panhandling or begging. In the United States, reasons to regulate or ban street performing behavior include public safety issues and noise issues in certain areas such as hospital zones and residential zones.
Is it illegal to play Metallica in some countries?
The Chinese government is known for their strict censorship, and Metallica was not except from these practices. The band had to send all of their song lyrics to the Chinese government and the government came back and told them there were certain songs they couldn't perform, including "Master of Puppets."
Phil Everly heard it and suggested the title "Rumble", as it had a rough sound and said it sounded like a street fight. It was banned in several US radio markets, because the term 'rumble' was a slang term for a gang fight, and it was feared that the piece's harsh sound glorified juvenile delinquency.
- The Backstreet Boys "I Want It That Way"
- Beyonce "Girls Who Run The World"
- Kylie Minogue "Get Out Of My Way"
- Kylie Minogue "All The Lovers"
- Lady Gaga "The Edge of Glory"
- Lady Gaga "Judas"
- Lady Gaga "Born This Way"
- Lady Gaga "Americano"
- Duck And Run. · 3 Doors Down.
- Down. · 311.
- Dirty Deeds Done Dirt Cheap. · AC/DC.
- Hells Bells. · AC/DC.
- Highway to Hell. · AC/DC.
- Safe in New York City. · AC/DC.
- Shoot to Thrill. · AC/DC.
- Shot Down in Flames. · AC/DC.
The Everly Brothers – Wake Up Little Susie
The Archbishop of the Catholic Church in Boston asked that this song be banned from radio play in the late 1950s, claiming that it was far too ribald.
“Love to Love You Baby,” Donna Summer (August 27, 1975) This sexually charged disco anthem was Donna Summer's first hit. It became popular worldwide, but broadcasters including BBC banned it due to its blatant sexual content. These included sounds of org*sms and crude lyrics.
Rock & Roll was also banned in Boston and five other Northeast cities in 1958 after an alleged riot broke out following the Big Beat Show hosted by Alan Freed.
One of the moral panics associated with the first wave of rock 'n' roll was the fear of race mixing - that young black and white kids would get together over this music that had a rhythmic, primitive, sensuous beat.
In general, the older generation loathed rock and roll. Appalled by the new styles of dance the movement evoked, churches proclaimed it Satan's music. Because rock and roll originated among the lower classes and a segregated ethnic group, many middle-class whites thought it was tasteless.
The oldest surviving written music is the Hurrian songs from Ugarit, Syria. Of these, the oldest is the Hymn to Nikkal (hymn no. 6; h. 6), which is somewhat complete and dated to c. 1400 BCE. However, the Seikilos epitaph is the earliest entirely complete noted musical composition.
Was Era 4 a dark age?
Early in Era 4, the two pillars of the Eurasian trading network, the Roman Empire and Han Dynasty China, collapsed. These weren't the only societies to go into decline or break down during this era. As a result, European historians in particular have labelled much of this era a “dark age”.
The Hurrian Hymn was discovered in the 1950s on a clay tablet inscribed with Cuneiform text. It's the oldest surviving melody and is over 3,400 years old.
It actually is if the song is copyrighted. Generally, copyright protection lasts for 96 years and going back 96 years brings us to the year 1923. So any song written before 1923 is in the public domain and you can use it however you want.
There is no doubt that humming a tune and recording it (or performing it in public) is a derivative work - a right reserved to the copyright owner. Whether it is fair use depends on the specifics of the case.
Movie producers and restaurant owners need to obtain a license to broadcast or publicly perform the “Happy Birthday to You” song. You are safe if you sing this song in your home, or even at your office, since neither setting would constitute a “public performance” for copyright purposes.
References
- https://www.classicfm.com/music-news/videos/oldest-song-melody/
- https://en.wikipedia.org/wiki/Street_performing_(U.S._case_law)
- https://www.usi.edu/news/releases/2017/02/rock-n-roll-and-moral-panics-part-one-1950s-and-1960s
- https://www.ushistory.org/us/53d.asp
- https://www.riaa.com/resources-learning/about-piracy/
- https://en.wikipedia.org/wiki/Music_censorship
- https://www.businessinsider.com/songs-banned-by-chinese-government-2011-8
- https://dunnerlaw.com/do-i-need-to-pay-someone-to-sing-happy-birthday-to-you/
- https://www.oerproject.com/-/media/WHP/PDF/Transcripts/Era_4_Overview.ashx
- https://faroutmagazine.co.uk/the-songs-that-america-banned-after-9-11/
- https://byjus.com/question-answer/which-mughal-ruler-banned-music-as-he-thought-that-it-was-against-the-spirit-of-1/
- https://en.wikipedia.org/wiki/Rumble_(instrumental)
- https://core.ac.uk/download/pdf/233572202.pdf
- https://ncac.org/news/blog/turn-that-down-40-banned-and-censored-songs
- https://metalinjection.net/news/chinese-government-didnt-allow-metallica-play-master-puppets-shanghai-shows
- https://law.stackexchange.com/questions/57462/can-humming-a-bar-of-music-be-considered-copyright-infringement
- https://www.funkymooserecords.ca/blogs/industry-insights/music-censorship-in-different-countries
- https://www.udiscovermusic.com/stories/banned-songs-controversial-music/
- https://en.wikipedia.org/wiki/History_of_music
- https://www.hoganlegal.com/can-you-be-sued-for-singing-the-happy-birthday-song/
- https://study.com/academy/lesson/music-censorship-definition-history-laws.html
- https://20thcenturyhistorysongbook.com/song-book/the-fifties/criticism-of-the-devils-music-rock-roll/
- https://www.reddit.com/r/LetsTalkMusic/comments/fi0j4h/dark_ages_vs_golden_ages_in_popular_music_from/
- https://www.justia.com/entertainment-law/piracy-in-the-entertainment-industry/