Samples and the law that binds them

AKShift · Post by **AKShift** » Tue Dec 21, 2010 2:23 am

Hello DSF.
I've got a burning question for you guys.
I've recently been working on an Eminem dubstep remix and I was wondering what kind of risks I could be taking by using another artists songs.
I searched the forum and couldn't find anything that helped to answer my question.
I know that using a sample and trying to sell it on without permission is direct violation of copyright law.

However...
I DO NOT want to sell the song so my question is simple;

Would I get into trouble if I released the track containing a 20 second sample as a free download?

Thankyou very much for your help in advance.
~Alex

Siderealdb · Post by **Siderealdb** » Tue Dec 21, 2010 2:39 am

Depends on how "good" of a song you write. If it's "good" and there's controversy you'll be the next Mt. Eden, if it sucks then no one will care.

3za · Post by **3za** » Tue Dec 21, 2010 2:41 am

Siderealdb wrote: Mt. Eden

When did they get sued?

Siderealdb · Post by **Siderealdb** » Tue Dec 21, 2010 2:54 am

As far as I know he hasn't been sued. However a few of his tracks on YouTube had to be taken down due to copyright infringement. What's kind of pleasing about the whole thing is that I would have never heard about the band Freshly Ground if it hadn't been for Sierra Leone. So, If your gonna do it, pick some obscure band that could use the exposure, not Eminem. Probably why he hasn't been sued.

3za · Post by **3za** » Tue Dec 21, 2010 2:56 am

Siderealdb wrote:As far as I know he hasn't been sued. However a few of his tracks on YouTube had to be taken down due to copyright infringement. What's kind of pleasing about the whole thing is that I would have never heard about the band Freshly Ground if it hadn't been for Sierra Leone. So, If your gonna do it, pick some obscure band that could use the exposure, not Eminem. Probably why he hasn't been sued.

*they

To make music that good, you need two people.

Siderealdb · Post by **Siderealdb** » Tue Dec 21, 2010 2:58 am

Pretty sure it's one dude with extra digits!

upstateface · Post by **upstateface** » Tue Dec 21, 2010 3:14 am

AKShift wrote: Eminem dubstep remix

AKShift · Post by **AKShift** » Tue Dec 21, 2010 3:46 pm

Thanks for the feedback guys.
It's just it's a really good remix (I understand that I am talking about my own work here)
Just wanted to use it as promotion of my name to be honest. Not for any direct financial gain.

Ongelegen · Post by **Ongelegen** » Tue Dec 21, 2010 3:48 pm

Don't worry if you're not selling it

JFK · Post by **JFK** » Tue Dec 21, 2010 3:49 pm

Project EX wrote:Don't worry if you're not selling it

This, if its not for profit. Go for it.

wub · Post by **wub** » Tue Dec 21, 2010 4:01 pm

JFK wrote:
Project EX wrote:Don't worry if you're not selling it
This, if its not for profit. Go for it.

HOWEVER.........if the tune becomes successful and for any reason does get signed, you will be liable to surrender any and all publishing rights to the artist whose uncleared sample you are using.

Fatboy Slim Right Here Right Now failed to clear the strings sample when he originally created the track as a club tool for his DJ sets, and as a result when the track blew up and got a proper release, he had to surrender all the rights to The James Gang as original creators of the music.

There is a Mylo track from a few years back, I forget which one, which had two samples on it. Mylo ended up having to pay 75% of publish to both artists, and the tune actually cost him money to put out.

deadly_habit · Post by **deadly_habit** » Tue Dec 21, 2010 4:04 pm

Siderealdb wrote:Pretty sure it's one dude with extra digits!

jesse cooper and harlrayner (who pops up time to time on here)
mt eden got "copyright issues" because they committed musical tsecni and pissed off a bunch of people, was just one way to get their tunes taken down off of jewtube

Ongelegen · Post by **Ongelegen** » Tue Dec 21, 2010 4:06 pm

OP mentioned he does not want to sell it so theres no however...

AKShift · Post by **AKShift** » Tue Dec 21, 2010 4:10 pm

HOWEVER.........if the tune becomes successful and for any reason does get signed, you will be liable to surrender any and all publishing rights to the artist whose uncleared sample you are using.

So basically, just don't sign the remix?

OP mentioned he does not want to sell it so theres no however...

This.

Fatboy Slim Right Here Right Now failed to clear the strings sample when he originally created the track as a club tool for his DJ sets

That's pretty understandable. He got paid for his set I imagine which is ultimately copyright infringement.

Thanks for the help so far guys.
Really appreciate it.

deadly_habit · Post by **deadly_habit** » Tue Dec 21, 2010 4:21 pm

this is why aliases and whitelabels are around if it's something big
i doubt it, but just saying

phrex · Post by **phrex** » Tue Dec 21, 2010 4:26 pm

one thing that interests me is, what about vocals that i play around with that much - that it's not anymore easely recognisable?
of course i took a sample of someone else - but in the end i modulated the sound....

i'm thinking of this one, have a listen not for any feedback, but to know what i'm talking about..:
Soundcloud

ramses020 · Post by **ramses020** » Tue Dec 21, 2010 5:27 pm

Just sample what you want and don't worry, it's not as if you are a world famous producer who's gonna make big bucks of it.

Samples and the law that binds them

Samples and the law that binds them

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