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COPYRIGHT ISSUES

Discuss anything you so desire that doesn't belong anywhere else within the forum. Please do your best to keep it clean.

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Postby anisina on Sat Feb 03, 2007 9:58 pm

unkh wrote:Hi,

me I want to know what is a max of timelength for a sample to not get in trouble with copyright stuff when I want to use them commercial?

Greetz



Read this (posted less than 24 hours ago) from here of which you would've seen if you searched.

anisina wrote:It is also a misconception that if anybody samples less than 5 seconds of audio, then it won't be subject to copyright. If it's a drum hit, then you would probably get away with it, but I wouldn't count on it.
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Postby Anonymous on Mon Feb 05, 2007 4:13 am

On second thought, after visiting sites like
ASCAP, I've decided to pursue the sampling license. May be a while before
I post a test pressing for my remix!
Thanks anyway, aniSina. I do appreciate
your input.

Daz
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all this stuff

Postby Anonymous on Tue Feb 06, 2007 10:02 am

all this stuff is so complicated. we should just be able to make music
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Postby Anonymous on Wed Feb 07, 2007 11:14 pm

my whole thing is...if you ain't makin a crazy amount of money off remixin somethin, just do it.
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Postby Anonymous on Sat Feb 10, 2007 9:49 pm

Sounds easy enough to "just do it,"
but in my situation where my work is
being sponsored by a school district,
I can't take any chances. Which leads me
to my next question...If I want to make a
remix using an acapella from this site,
am I using a "master?" If these pellas
aren't considered master recordings, then
I shouldn't have to obtain master rights
use, right? This is my last question on the
subject. I'm droppin' it like a smokin' spud.
Thanks,
Daz
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Postby djglad on Sun Feb 11, 2007 5:08 pm

if you contacted the artist or label they would charge you for using it and that would prob cost quite a bit
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Postby Anonymous on Mon Feb 12, 2007 6:56 pm

djglad wrote:if you contacted the artist or label they would charge you for using it and that would prob cost quite a bit
Since my remix is a non-profit project to
benefit a girl with cancer, I'm hoping to
receive some contributions to help defray
the cost of clearance. I've been hesitant
about going through with this, but her quality of life is at stake. I'm now more
determined than ever and seeking support from old music industry contacts
and anywhere else I can.
I probably won't burn more than 2000
copies to sell, and we're thinking $5 each.
If we pull this off, the girl could have as
much as $10,000 to cover treatment costs.
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Postby emcunderground on Tue Feb 20, 2007 12:22 am

citizen jones wrote:it's worth visiting the Sound-On-Sound website - do a site search wiv the keyword 'copyright' (or clik here if u is lazy) - there's quite a few articles covering different aspects of copyright.

cj


great find. really imformative
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Postby Anonymous on Sun Mar 04, 2007 5:15 am

hey, everybody. been doing some networking and found out that it's much
easier and less expensive to sample a
cover of a song than use the master. at
some point here in the forum, i remember seeing a post saying it's easier
to have someone do it for you-couldn't
agree more. i still need permission from
publishers and mechanicals, but i don't
have to mess with the label. if anyone
else wants to do it legally and you know
musicians or can cover a song yourself,
this is the way to go.
peace,
daz
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Postby Anonymous on Wed Mar 07, 2007 5:59 pm

hey, everybody. been doing some networking and found out that it's much
easier and less expensive to sample a
cover of a song than use the master. at
some point here in the forum, i remember seeing a post saying it's easier
to have someone do it for you-couldn't
agree more. i still need permission from
publishers and mechanicals, but i don't
have to mess with the label. if anyone
else wants to do it legally and you know
musicians or can cover a song yourself,
this is the way to go.
peace,
daz

im new on here and i have been doing the remix thing for a lil while now. i wanna know more about what you just said.
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Postby Dj Michele Ciuoffo on Sat Mar 10, 2007 3:13 pm

fgp303 wrote:very simple u will dont have right for nothin :D
if u will find the original music maker, song writer, artist and label, they can give right for the remix and if u give a grant for it u have a big luck... but never left in the 99% of the event u will not get nothin if u dont have record label in ur backside...
but if u will get rights for the music usualy its only right for the remix making (99% of the events) which not to good cos u will make it for the original artist and they will pick up the money if ur song will make some...

i think much better if u pay a vocalist and he/she sing it again the vocal, its much easier belive me :shock:
agreed! :roll:
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Postby Anonymous on Fri Apr 13, 2007 7:29 pm

INfo is go and I undersatnd how it works
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Postby Anonymous on Sat Apr 14, 2007 3:30 am

This is my first post here and this topic has been on my mind for a while. The whole legal copyright stuff can get pretty messy so I have decided apon this -

Any money that i recieve from any recordings using obvious samples from popular artists will go to charity. If the artist or their company wants to sue me then i will gladly give them everything I make off the track............nothing. If they want to sue me for everything ive got then i am willing to risk everything I own on the fact that the negitive image they would recieve from trying to take back money off a charity would be far more damaging than anything they could possibly do to me.

To be honest, I would love to be in a situation where a mashup that I have done has been successfull enough to warrant legal action..........bring it on 8)
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Postby durty on Wed Apr 18, 2007 6:17 am

If you really want to do it right, but don't to go through all the leg work, you could get a sample clearing group/company to do all the paperwork and negotiating for you for a nominal fee
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Postby Anonymous on Wed May 02, 2007 11:39 pm

Are lyrics in master acapellas copyrighted or is it allowed to use a part of it (certain amount of words in the same order) ?

Another question.
Are copyrights also violated if you modify the acapella in such way (e.g. applying lots of effects, changing the pitch, ...) that the sound of the vocal becomes completely different from the original ?
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Postby Anonymous on Fri May 04, 2007 9:45 am

Surly if you make the a completely different sound with the accapellas then its all yours... it would be like buying words would'nt it :S
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Postby Blake Jarrell on Fri May 04, 2007 8:49 pm

durty wrote:If you really want to do it right, but don't to go through all the leg work, you could get a sample clearing group/company to do all the paperwork and negotiating for you for a nominal fee


most sample clearance companies ive tried to go through charge an arm and a leg

any certain one in particular thats cheap?
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Postby Acekoopa24 on Thu May 10, 2007 11:28 pm

Good Info
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Bootlegs are the heart -

Postby Anonymous on Fri May 11, 2007 2:57 pm

Don't be afraid to make bootlegs. As long as you dont sell them, then it is a fair use of the material (in the US at least.) Unauthoized remixing fuels creativity in dance music. Licensed remixes are shite for the most part, and unless we get to the point where we can get paid by a major to remix pop choons, the best remixes will come from the bottom up. Copyright infringement is a major point of contention for sites like this one, so if no one gets into too much trouble, this can stay a free forum. But in at world where internet radio royalties are escalating, regulation of forums seems not far away. That being said, the exclusive remix will always be the best - it will keep regional sounds alive. Share them.
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Postby DJ Val on Sat May 12, 2007 2:54 pm

Kufy wrote:keep it movin


:spm :smt018
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Postby TM on Sun May 13, 2007 2:40 am

you cannot copyright someone elses copyrighted music... you would need permission from the original holder of the right... in the USA, BMI or ASCAP can help you track down the owners of the riffs if needed...

one note, if you want to do remixes for promotional use only, meaning you want to send a remix to a label or use on a mixed set (personal use only) to show you abilities, you can do so, as long as you are not selling or making profits on the remix...
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Postby Anonymous on Sun May 27, 2007 2:35 am

where can i use my remixes? it is legal?
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Postby Anonymous on Mon May 28, 2007 8:04 pm

That is very good to know
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Postby Anonymous on Tue May 29, 2007 12:47 am

you know what? the lables & the artists really don't care who puts their material on a mix tape. they consider it a form of publicity. It's just another form of marketing for them & it's free. On the other hand...the damn RIAA dosen't see it that way. As the record industry sales decline due to piracy & such, they're now taking action against it & unfortunately mix tape djs fall into that category. They rarely make any money off the mixtape circuit. they're cracking down hard on us which is dead wrong. We have been doing this for a long time. RIAA is not in tuned with the djs whereas labels & artists do. they need to speak up against the RIAA and tell them to stop. the labels & artists...especially new ones who can't get radio play on mainstream radio need us to help them get heard.
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Postby Anonymous on Fri Jun 01, 2007 1:05 am

didn't read much past the constant defining of copyrights from the first 4 or 5 posts (3 of which were from one user) ....

you can use ANYTHING thats copywritten and remake a song or remix it or chop it up whatever you want to do it to....

the only thing you cannot do is RESALE the product because even though you've added your own flav to it its still the original product as far as anything over a 15 second sample goes.....

you can release 10 volumes of mixtapes or cd's @ 100,000 copies each of your remixed work of another artists song for free .... its called freedom of speach (expression is included and music is expression) ... YOU CANNOT WHAT SO EVER RECIEVE ANY KIND OF NOTATION OR A SINGLE PENNY FOR THE PRODUCT FROM ANYONE .... thats breaking copyright law held on the product.... and as the artist being the sol proprieter (sp) to that product you are infringing on his rights....

hope that clears things up....

and of course yes if you get the permission (written or signed documentation mind you ... not just "go ahead and use it" ) than you can sell as many copies as you want for as much money as you want but in the agreement of usage you will still 99% of the time have a financial obligation to pay a set amount or percentage to the original owner as agreed upon .....

anyone ever need contracts for this s**t i got every kinda contract u might need to prepare yourself
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Postby uaintgotthisid on Fri Jun 01, 2007 9:58 pm

as I haven't actually made anything good I hate Copyrights
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Postby anisina on Fri Jun 01, 2007 9:59 pm

2nd Nature wrote:didn't read much past the constant defining of copyrights from the first 4 or 5 posts (3 of which were from one user) ....

you can use ANYTHING thats copywritten and remake a song or remix it or chop it up whatever you want to do it to....

the only thing you cannot do is RESALE the product because even though you've added your own flav to it its still the original product as far as anything over a 15 second sample goes.....

you can release 10 volumes of mixtapes or cd's @ 100,000 copies each of your remixed work of another artists song for free .... its called freedom of speach (expression is included and music is expression) ... YOU CANNOT WHAT SO EVER RECIEVE ANY KIND OF NOTATION OR A SINGLE PENNY FOR THE PRODUCT FROM ANYONE .... thats breaking copyright law held on the product.... and as the artist being the sol proprieter (sp) to that product you are infringing on his rights....

hope that clears things up....



That's definitely not true. It is a myth that you can sample anything under 'X' amount of seconds. And, 'Freedom of Speech' is not related to Copyright Law where it is NOT your own creation or idea. 'Freedom of Speech' simply allows you to say (verbal or written) certain things that do not break any other laws.


To everybody.... Do not buy those contracts. You have seen a sample in the quote above.
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Postby Anonymous on Sat Jun 02, 2007 1:01 am

^ to the above ... im not selling contracts.... i make plenty of money from music been in the business for a while now ... i know under x amount of seconds its legal to use and sell without the owners consent ... as far as remixes and mixtapes go with the entire instrumental or vocal sample its illegal...

where do you get your facts from ?

haha this is elementry my lady
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Postby Anonymous on Sat Jun 02, 2007 1:06 am

n if that was still too vague for your "anisina" ...

contracts are free and i have about 30+ for almost any circumstance u might find yourself in .... as little as selling studio time
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Postby anisina on Sat Jun 02, 2007 5:10 pm

2nd Nature wrote:where do you get your facts from ?



The law, including court rulings. Not hearsay or misinterpretation, but the facts.

* * * * * * * *

Perhaps this will help clarify matters a little..... at least for the US side.


Music Sampling.

With the popularity of hip hop and rap music, the legality of music sampling has risen. Most musicians are well acquainted with the sampling process. For the uninitiated, the process can be described as the digital copying of, usually, a minute portion of another popular copyrighted song. Sampling can involve several seconds of a song, or only a small “riff” or sequence of notes or sung words. In some cases artists who publish samples in their music have obtained written permission or a license to sample a song by the copyright owner of the sampled song. In more cases, permission is not obtained. As a recent court opinion observes, where you “stand” on the copyright issues of this practice often depends on where you “sit.” Artists whose songs are being sampled without permission generally condemn the practice, while artists who sample music without permission defend it. After many years of legal skirmishing, the first court opinion has been published as a first impression analysis of sampling.

The court’s analysis is somewhat complex but concludes that no sampling can be made without a license or permission.11 The reason is not because of the copyright to the music composition in the sample, but because of the copyright to the sound recording. The court interprets the copyright statute, 17 USC Section 114, as prohibiting the copying of the whole or any part of a sound recording. The new ruling reasons that you should either pay for a license to sample a song with the original sound recording, or go into the studio yourself and recreate the sample with your own sound recording.

For many hip hop and rap musicians, the point of sampling a song is precisely to copy the sound recording of a well known song to give their song a certain feel or emphasis. The intent is to link their song in this manner to the earlier song in the listener’s mind. Most would not consider trying to reproduce the sound independently because it wouldn’t have the same feel. The Bridgeport Music opinion now clarifies that samples of original recordings must be licensed.


Original source.... http://publishing.wsu.edu/copyright/music_copyright/


* * * * * * *

More reading....

http://www.pro-music.org/copyright/faq.htm

and for the UK people.... >> http://www.bbc.co.uk/radio1/onemusic/legal/ << a straight explanation without quoting sub-sections.
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