COPYRIGHT ISSUES

2nd Nature wrote:

where do you get your facts from ?

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

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

[i:rdvmcmum]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.[/i:rdvmcmum]

[color color=red:rdvmcmum]Original source….[/color:rdvmcmum] http://publishing.wsu.edu/copyright/music_copyright/

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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.

Dunno about that.

I dont understand how someone would use another individual"s acapellas on a beat then try to claim royalties. Unless you are an official remixer for the artist, you shouldnt expect anything moneywise. If u decide to sell ur completed works, you risk trading music bars for iron bars 😉

Thinking about it, it seems a bit strong all this copyrighting stuff. I mean, people make these remixes, and basically advertise the artist(s) music. Remixing and mashups help the original artists reach more people and so bring much more awareness, possibaly increasing thier fan base.

BUT, if one of these mixes/mashups all of a sudden make it big, then, according to what many people seem to say in answer to this post, they sue and rob the smaller person dry.

There have been certian artists that I would have never given the time of day to in the past, but I discovered thier sound through a mix, or through the rift someone uses ect, which has made me want to hear more of them.

If you ask me, many artists owe people who remix them and make something that loads more different genres can enjoy. I do understad the need for copy rights, but its sad if in the end, its more about the extra money that can be made rather than the actual protection.

Ok, hows does the white lable thing work?

the way i look at is that music is for everybody, if it’s out there it can be sampled — and if you get sued over it, at least people are hearing your stuff. take what you want and be creative, worry about the legal system and other copyrighting bullshit later

DJ Val wrote:

[quote quote="downunder":1ojp1z82]white label is my friend

jerrysanchez25 wrote:

yes white labels

jabbamp wrote:

Ok, hows does the white lable thing work?

Ok now before we go off track on this topic, we’re not talking about white labels and how they work. That is an entirely different topic altogether which you are most welcome to start a new topic on.[/quote:1ojp1z82]

Ok, I was just wondering what white labels had to do with copywriting. Thought there was a point to why it was mentioned.

Anyway, we have to ignore the copyright law to a large degree. If everybody followed the procedure to a T, it would mean that you could not make the music in the first place until you got all the permissions from all involved. Obviously very silly.

what about sampling and fair use????

its tricky. as a dj if you mix an acapella you can get done with it but if u play an illegal bootleg with the same stuff on it then you dont.

What can I say…This is illegal, that is illegal… Well..I guess that if i don´t come out on the market with my mixes of these acapellas I won´t have any problems, right?

Yes but, with the radio they usually speak over parts of it or dont play the whole track anyway. If you are happy with that type of quality, I suppose you would be missing out. I think it only really becomes an issue if you somehow manage to record a very clear copy and manage to sell it.

radio casset players have for years had the ability to tape radio. It would be a very big issue by now if taping from the radio was a big illegal problem.

I think you can tape the radio for personal use without no worry.

so i cant use none of these?

Zombie wrote:

as long as its for promotional use only ppl wont even bother you, and they shouldnt as its promo for them aswell!!

if only all artists saw it this way lol

[quote quote="DJ LMA aka DJ Leethal":1te9cq7v]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.

1[/quote:1te9cq7v]

Who the hell wants to buy mixtapes? I dont think theres alot of money to get there. I just mix for fun and god.

Guys… I know that clear original songs are copyrighted but what about the mixes and remixes?