Contributed by AD on 2/26/08

An integral part of hip-hop that has steadily grown in its pervasiveness is the mixtape: an unlicensed compilation of songs put together by DJ typically featuring an emcee as the headliner.

Mixtapes are so ubiquitous that there’s an annual Mixtape Awards ceremony, honoring the best in the business. Tens of thousands of people have attended the ceremony each year since its inception in 1995.

MTV had a segment called Mixtape Mondays that chronicled the latest mixtape releases every week.

There is a documentary released in 2007 titled Mixtape, Inc about the increasing significance of mixtapes.

Why do these compilations garner so much attention and praise? The reasons are manifold.

Depending on particular exigencies and felt necessities (usually related to maximizing sales and profits), conventional albums tend to follow certain formulas that can stifle artists’ creativity. Mixtapes, however, allow artists to pursue musical interests and experiment in ways that are frequently overlooked, restricted or disregarded by major labels. For instance, rap has traditionally featured explicit lyrics combined with sample-heavy beats. Unfortunately, some songs don’t make the final cut of formal albums due to issues with censorship and sample clearances. These songs may get shelved for an indefinite period, but some of them find homes on mixtapes.

An emcee would be hard-pressed to convince a record label to release a CD focused on beef with another artist, but mixtapes means for rappers to address their adversaries. Artists such as Eminem and Benzino and Ja Rule and 50 Cent all had widely publicized feuds that were handled largely on mixtapes. The shots that they take at each other are analyzed and enjoyed by their legions of fans.

There’s heaps of money to be earned through mixtape sales. The unregulated atmosphere allows artists to receive several dollars per unit sold instantly with few, if any, strings attached. This contrasts the notorious practice of major labels, who may pay an artist less per unit sold and demand that the label be compensated (for promotional materials, etc) before the artist receives anything.

Mixtapes are great for DJs as well. Numerous DJs have become household names through mixtapes that showcase their ability to blend acapellas and instrumentals from myriad genres. In fact, the original mixtapes made by DJs such as Brucie B, Lovebug Starsky, and Gradmaster Flash were merely compilations of hit songs that they would play at parties. People would be so impressed with the tunes that would purchase them for upwards of $20.

I’ve witnessed firsthand how influential mixtapes can be in my city of Houston, TX. The Houston rap scene owes much of its success to the mixtapes of Robert Davis aka DJ Screw who released hundreds of his signature Screw Tapes featuring prominent local artists freestyling over popular instrumentals, but in his signature slowed down (“Screwed”) style. Mike Jones, Lil Flip, Paul Wall, Chamillionaire, and numerous others from Houston all got their start rapping on mixtapes that were sold all over Houston and other cities throughout the nation. Without DJ Screw’s mixtapes, the Houston rap scene would have been much different and arguably not nearly as noteworthy.

In spite of the advantages of mixtapes, many of them are illegal. This is because rappers and DJs often use the intellectual property of other record labels such as instrumentals and acapellas without any consent from the labels, publishing companies, or any other legal entities responsible for granting permission for using any copyrighted material.

For a while, there was seemingly little attention paid by all parties involved in the music industry to the legal issues regarding mixtapes. Record labels were pragmatic as it was common practice for people from labels to give songs to DJs to be put on mixtapes. There was a tacit agreement among mixtape providers and the music industry that the illicit compilations were an invaluable venue for artists to build and buzz and hence sell more legal/conventional records.

Also part of the “Mixtape Economy” were numerous websites and mom and pop stores that sold the tapes with no backlash from the recording industry.

Unfortunately, all of this suddenly changed on January 16, 2007. On that ill-fated day, Tyree Simmons aka DJ Drama and Donald “Don” Cannon among others were arrested in Atlanta in a raid orchestrated by the local police and the Recording Industry Association of America (RIAA) for piracy and racketeering. The illegal activity they were arrested for was the sale of their mixtapes. The incident made national headlines, as both men were some of the most well-known DJs on the mixtape circuit. Drama’s Gangsta Grillz series in particular is hailed as one of the best and most prestigious mixtape series in history, serving a launching pad for the careers of industry heavyweights like T.I., Young Jeezy, and Lil Wayne.

Immediately following Drama’s arrest, hip-hop fans and people in the music industry were distraught. Numerous websites subsequently shut down and retailers rid themselves of mixtapes. Seemingly overnight, what was once the bread and butter of so many had disappeared.

So what does the future hold for mixtapes? While it’s clear that mixtapes aren’t going anywhere anytime soon, the manner in which they will exist is still uncertain. Indeed, there are three clear options for mixtape DJs and artists: 1) Adapt: comply with the RIAA and release legal tapes, 2) Ignore: go about business as usual, or 3) Elude: find loopholes.

Regarding the first option, legal mixtapes have been released since 1991 when Kid Capri was signed by Biz Markie and released The Tape on Cold Chillin/Warner Bros. Other DJs such as DJ Clue and Funkmaster Flex have also released legal mixtapes via major record labels. Not surprisingly, DJ Drama has also chosen this option as he released the long awaited Gangsta Grillz album featuring a plethora some of the most popular artists today. All the tracks on the CD are original compositions.

For those who choose to ignore, they better tread carefully. The RIAA has cracked down on those who choose to flout the law and has supposedly seized over 3 million illicit mixtapes in the past year alone. Going about business as usual may prove to be suicide for many DJs

Some have tried to find loopholes to essentially have their cake and eat it too. The most common loophole is to sell mixtapes under the guise that they are “for promotional use.” The promotional use loophole tells consumers that the music is copyrighted and that they are making a donation or merely paying for something else such as the packaging. One should expect the loopholes to close, however, as the recording industry becomes increasingly desperate and vigilant in its attempts to crackdown on mixtapes. Music sales are down overall and rap sales have been hit the hardest, with a 20% decline in sales in 2007 alone.

If the mixtape is to survive, it must adapt. Luckily with the internet, artists can easily find original beats for reasonable prices. In the present climate, DJs and rappers must be increasingly prudent and shrewd in how they use copyrighted material.

It’s a shame that people would be arrested and jailed for trying to improve and innovate in a socially constructive manner that is respected by so many. I hope that in the future, copyright restrictions will be lax enough to allow artists to release the types of tapes currently deemed illegal by the powers that be.

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