SAMPLE-BASED HIP-HOP MUSIC AND FAIR USE LAWS IN THE AGE OF STREAMING
sounds and instruments of a beat could be revolutionary but if the kick drum or the snare is a few
decibels too high it ruins the entire beat and renders it unlistenable. Furthermore, without proper
mastering a beat does not achieve the volume of commercial music and will not sell or be played
on the radio. When switching between songs on one's phone if the next song is significantly
lower in volume the listener will perceive it as less quality. Unfortunately, mastering has brought
about a loudness war in music. The loudness war is described as “a sonic “arms race” where
every artist and label feel they need to crush their music onto CD at the highest possible level,
for fear of not being competitive” (Loudness War, 2018). Once music passes zero decibels it
starts to distort on analog speakers and equipment. To prevent this, producers use limiting which
prevents any sound from passing zero and distorting. Limiting is also used to increase the
volume of a track, but as the volume is increased the peaks of the track or turned down.
Furthermore, compression is used to tame the peaks of a track with a ratio which is much cleaner
than a limiter (Swisher, 2019). Most modern pop music is heavily compressed so that it has a
high volume and full sound. The problem is that heavy compression and limiting sacrifices the
dynamic range of a mix. In the Journal of Professional sound Derek Sylwesterzak discusses the
current state of the Loudness War. He notes that when comparing the level of a dynamic mix that
is a bit quieter to a compressed mix the “difference in level is enough to dismiss the quieter
master as inferior” (Sylwesterzak, 2014). Today streaming platforms measure loudness in LUFS
(Loudness Unit Full Scale) which measures the short- and long-term average loudness of the
sound. CD’s can handle > -9 LUFS which encouraged producers to compress their music as
much as possible without destroying the sound (Song Mastering, 2016). Streaming services have
helped this problem by using loudness normalization. Streaming services such as Apple music
and Spotify will turn down tracks that are too loud and also turn up tracks that are quiet to a
similar level. Spotify normalizes their music to an average of -14 LUFS (Song Mastering, 2016).