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COPYRIGHT ISSUES

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COPYRIGHT ISSUES

Postby DJ Val on Sun Jan 23, 2005 9:29 am

Can anybody tell me the "general rules" on copyright issues. If someone creates a new track (remix) and for example just uses vocals from an acapella, how does one go about with copyright issues if they may want to send their track to a producer etc.

Also how does someone put a copyright on their own creation so others don't claim that they have created the mix etc.
Many thanks

Taken from F.A.Q's

Copyright Terms & Conditions
2.1 All acapella mp3 files downloaded from this server are subject to copyright from the original owner, and should not be used in your commercial works without the express permission from either the artist(s) contacting the artist(s), label(s) and/or publisher in question and gaining their permission.

2.2. In the event that you would like to publish/license original works that contain copyrighted material from this site, acapellas4u.co.uk trusts that you, the licensee, should undertake the necessary steps in contacting the artist(s) in question and gaining their permission.

2.3 Where possible, details of ownership are expressed in the filename of the works, and these details should be used when contacting the original owner of each work.

3.1 By uploading your original acapellas, you are automatically agreeing that the composition in question is indeed your own original work, and that you are the sole, or joint, copyright holder of said works.

3.2 Any of your original works that have been added to the database are automatically covered by clauses 2.1, 2.2, and 2.3 and the details of licensing and publishing should be worked out by the licensee, and the licensor, and not the administrators of acapellas4u.co.uk.

4. All material hosted at acapellas4u.co.uk has been scanned for viruses, and all virus definition files are updated daily. Therefore, the administrators shall be deemed to have taken the required steps to to insure against passing corrupted files to any third party.



You as a member agreed to all of these points stated above upon regestering here. we cannot emphasise these points strongly enough and we hope you fully understand the terms and conditions outlined above.

If you have any questions then please feel free to ask an administrator of the site.
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Postby fgp303 on Sun Jan 23, 2005 2:33 pm

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:
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Postby Anonymous on Tue Jan 25, 2005 2:45 pm

Naw. I dont thin everything you said is true. The Heavy Hittas/DJ in NY on a radio station called Hot 97 ppl always make mix and They just give propz to the artistt, and compser for the songs,. But thy remix it and s**t. As long as its not being sold. or copied to make profiit off. If you read most CDs its says "no copies or infregment" so I think its safe. But im only 15 wat do I know right. lol Ask around
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Postby Anonymous on Sat Feb 05, 2005 11:01 pm

copyrights are bs anyway just like when tape decks came out that could record--the funny thing is its not illegal to record it off the radio unless they imply it is and i never hear a radio station say that
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Postby DJ Val on Sun Feb 06, 2005 8:21 am

Thanks for all your helpful replies. I guess it's best to use copyright free pellas I can't make my own cos I can't sing for s**t!!
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Postby Anonymous on Sun Feb 06, 2005 12:04 pm

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
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Postby Anonymous on Sun Feb 06, 2005 1:23 pm

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
Thanx Citizen Jones. Great Find.
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Postby Anonymous on Mon Feb 07, 2005 11:14 am

As I understand there are 2 copyrights the performance (the recording of the music) and the actual composition(old mates collection of notes and sruff). And if u make a remix they will probably only car if u make $$ because they can only take somethin if u got something to take. but they can claim tha intellectual property(the song) is derivative work and they own it or it infringes and such. Prolly no help but there u go
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Postby ddouble on Tue Feb 08, 2005 10:39 am

you can license the accapella of the label if you want to. doesnt cost the earth to do so as its a win win siutation for the label, they get money and promotion for doing nothing.


as for copywriting your own productions, if its a bootleg then dont bother cos there is no point. if its a serious track then u can always get it signed by and independant & let them worry about it.

i heard a rumour once that if u post a master copy to yourself and date the envelope. (Dont open it when it arrives obviously) that this is good enough evidence of the fact you created it for the courts. not sure on how true that is.
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Postby Anonymous on Tue Feb 08, 2005 11:47 am

The post office dates it when they stamp it. Otherwise you could lie with the date.
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Postby soundboyz on Tue Feb 08, 2005 5:10 pm

^ This is true.... it's affectionately called the"poorman's copyright"....I have been struggeling with this very issue for years.....I have 13+ hours of R&B and REGGAE blends and I have checked into releasing them legally....and basically....if the lable has released the song in acapella version.....USUALLY it has been remixed....if that is the case then you don't need permission to remix again......however you have to pay a mechanical royalty for each copyrighted piece of material used.....The last time I checked....it was 85 cents for a piece of material 4 minutes or less.....this could have gone up since....Well ...the problem comes in when you add up 85 cents for the instrumental and 85 cents for the acapella...you get $1.70 per blend.....If you put 10 on a cd...you have to pay $17.00......not including cost for manufacturing of the cd (actual cd ...cover....insert.....etc.)....So basically there is no point in doing it legally!!!!!Not to mention....some of the material might not have been given prior permission (have'nt been remixed)....so you have to negotiate price with owner of copyright if they even want their stuff remixed.....this could run in the thousands per piece of material depending on the owner and the success of the material in question!!!!!! :( ....So basically I've been stuck at this point for years now......
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Postby ddouble on Wed Feb 09, 2005 1:36 pm

i dont understand the point u make about you being able to remix it because its been remixed before.

do u mean a commisoned remix or a bootleg?

u can license the rights to an accpella for a few hundred quid and release the track that way.

if u want to do a cd full of tracks, best bet is not to make bootlegs.


having said that, 1000 white labels wont get u into any major trouble so just put them out yourself!
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Postby soundboyz on Wed Feb 09, 2005 6:08 pm

I'm gonna look it up again...it's been a while since I've learned it at school...I will post it!
Last edited by soundboyz on Wed Feb 09, 2005 6:15 pm, edited 1 time in total.
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Postby soundboyz on Wed Feb 09, 2005 6:09 pm

soundboyz wrote:
ddouble wrote:i dont understand the point u make about you being able to remix it because its been remixed before.

do u mean a commisoned remix or a bootleg?

u can license the rights to an accpella for a few hundred quid and release the track that way.

if u want to do a cd full of tracks, best bet is not to make bootlegs.


having said that, 1000 white labels wont get u into any major trouble so just put them out yourself!


The publisher(owner of the copyright) has only one power over mechanical license(license to sell copies) to a composition:deciding who is granted the first mechanical license. The license may be denied to anyone, but once it is granted, law dictates that the publisher must issue a compulsory license to anyone else who wishes to make copies of a recording of the composition for any kind of distribution. The recording itself can be made without permission or payment; the license allows the "mechanical" copies to be produced. A compulsory license can be denied only if the publisher, after hearing the newly recorded version, feels it will damage the name or reputation of the composer or composition, thereby lessening the future earning potential of either or both.

This is why many artists include instrumentals and acapellas along with their remixes.
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Postby soundboyz on Wed Feb 09, 2005 7:00 pm

soundboyz wrote: however you have to pay a mechanical royalty for each copyrighted piece of material used.....The last time I checked....it was 85 cents for a piece of material 4 minutes or less.....this could have gone up since



I did however check into this and found out that I was totally wrong!!!!! The current mechanical license rate is only 8.5 cents..... Not 85 cents.....I misread the decimal point.....This now totally makes it doable!!WOW!!!! So this means that I can LEGALLY put out my Bonafide Blenz Vol.1-11!!!!! It's only going to cost me $2.55 per cd.......this makes it profitable to do it legally!!!!!!! Thanks guys!!!! I would'nt have double checked if you guys did'nt bring up this topic!!! I'm so happy right now.....Just for that.....I'm gonna up two more blends!!!!!
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Postby ddouble on Thu Feb 10, 2005 10:48 am

soundboyz wrote: The publisher(owner of the copyright) has only one power over mechanical license(license to sell copies) to a composition:deciding who is granted the first mechanical license. The license may be denied to anyone, but once it is granted, law dictates that the publisher must issue a compulsory license to anyone else who wishes to make copies of a recording of the composition for any kind of distribution. The recording itself can be made without permission or payment; the license allows the "mechanical" copies to be produced. A compulsory license can be denied only if the publisher, after hearing the newly recorded version, feels it will damage the name or reputation of the composer or composition, thereby lessening the future earning potential of either or both.



so from the way i read that, once a mechanical license has been granted, anyone can release the track in any format?

surely that cannot be correct? what about loyalites?
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Postby soundboyz on Thu Feb 10, 2005 6:18 pm

ddouble wrote:
soundboyz wrote: The publisher(owner of the copyright) has only one power over mechanical license(license to sell copies) to a composition:deciding who is granted the first mechanical license. The license may be denied to anyone, but once it is granted, law dictates that the publisher must issue a compulsory license to anyone else who wishes to make copies of a recording of the composition for any kind of distribution. The recording itself can be made without permission or payment; the license allows the "mechanical" copies to be produced. A compulsory license can be denied only if the publisher, after hearing the newly recorded version, feels it will damage the name or reputation of the composer or composition, thereby lessening the future earning potential of either or both.



so from the way i read that, once a mechanical license has been granted, anyone can release the track in any format?

surely that cannot be correct? what about loyalites?



No...What it means is that once the first mechanical license is granted....then anyone else has a right to remix or cover or remake a song without seeking the rights from the owner(publisher). However....one who wishes to remake or remix the song still has to get a cumpulsory license in order to sell copies of their version and has to pay a mechanical license fee per copy of the song sold.

In plain language.....If a song has already been remixed or remade, then a first mechanical license has already been granted for that song. You can make your own version without permission or payment to the owner and only need a compulsory license to sell legal copies. The compulsory license is an agreement which basically states that you will pay the amount of 8.5 cents(5 minutes or less) per copy of the material sold! So when you make a blend of a song that has already been granted a first mechanical license, you legally can copyright the blend without paying the owner.However if you want to sell it, you have to get a compulsory license.
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Postby acapella on Thu Feb 10, 2005 6:45 pm

decided to STICKY this post.
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Postby ddouble on Fri Feb 11, 2005 11:06 am

No...What it means is that once the first mechanical license is granted....then anyone else has a right to remix or cover or remake a song without seeking the rights from the owner(publisher). However....one who wishes to remake or remix the song still has to get a cumpulsory license in order to sell copies of their version and has to pay a mechanical license fee per copy of the song sold.

In plain language.....If a song has already been remixed or remade, then a first mechanical license has already been granted for that song. You can make your own version without permission or payment to the owner and only need a compulsory license to sell legal copies. The compulsory license is an agreement which basically states that you will pay the amount of 8.5 cents(5 minutes or less) per copy of the material sold! So when you make a blend of a song that has already been granted a first mechanical license, you legally can copyright the blend without paying the owner.However if you want to sell it, you have to get a compulsory license.



thank you for explaining that. i always thought it was legal to do a remix anyway, was just illegal to sell without an agreement.
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BMI and ASCAP

Postby jforce on Fri Mar 04, 2005 1:45 am

BMI and ASCAP can give you the best info if you are looking.
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Postby smart1123 on Mon Mar 14, 2005 12:42 am

white labels
Powerbook G4 1.5 GHz, MOTU Traveller, Ableton 4.1.4, Reason 3.0, Yamaha EX-5, Alesis Micron, UC-33e, DX-7, Lexicon MPX-1.
(Work) Approx 900 Channels of protools (HD/Mix) Amek Consoles, 4 theatres, 21 edit suites.

Blurred
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Postby soundboyz on Fri Mar 18, 2005 12:40 am

I feel you Miami B!! I see the trouble you have to go through!!
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Postby DJ Val on Fri Mar 18, 2005 9:06 am

Thank you so much to you all for your advice, links etc. And to MiamiB thank you for your wisdom :D
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Postby DJ LMA aka DJ Leethal on Mon Mar 21, 2005 9:37 am

Hold up. I been tryin ta put out this 2pac mixtape and the only reason why I haven't done it is for 2 reasons (one is that I am still working on the intro track) and second is because I don't want to get crossed up in legal mess. I was just wondering if I put out a mixtape like this is it okay to do so as long as I'm releasing it on the streets instead of like in the stores like original artists? And if it is illegal than how are all of these other millions of DJ's able to release material and sell it anywhere and everywhere? Please somebody help me with my questions.

Peace.
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Postby DJ Val on Mon Mar 21, 2005 11:18 am

I know what you mean DJ Lethal I'm more confused than ever about this subject. This lisence that lisence who bloody knows!! lol. If I had the voice I'd make me own.
When oyu find the answers let us know yeah :P
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Postby DJ LMA aka DJ Leethal on Tue Mar 22, 2005 4:52 am

yeah no doubt i'll be lookin, but in the mean time, I'm just gonna put out my own sh** and hope I don't get caught cause f*ck it, I need ta get paid.....and it ain't even just about that, but just that I can do somethin fun and make a little somethin for myself in the process you feel me?

Peace yo.

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Postby Anonymous on Sun Mar 27, 2005 3:59 pm

my homie emails his s**t to himself, that copyrights it to him somehow, it must be something in the T&C of emails on privacy and copyright(as the emails must be copyrighted to you when their in your inbox, so if a songs in the email then its yours)I'm just guessin that, I'll ask him next time I see him if ya really need to know
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Postby DJ Val on Fri Apr 01, 2005 5:41 am

Hey guys :D I found the link of links on copyrights etc. Check it out will benefit all of us

http://www.bbc.co.uk/radio1/onemusic/legal/
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Postby Mel on Mon Apr 11, 2005 9:11 pm

Hey, good find Val, but does the same apply in the US. I believe that info pertains to the UK. Or is it all the same?
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Postby playmaker on Tue Apr 12, 2005 7:04 pm

Also, check http://www.musicdatatracking.com/. Defenitly worth hooking up with something like that. :)
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