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Samples and the law that binds them
Posted: Tue Dec 21, 2010 2:23 am
by AKShift
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
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 2:39 am
by Siderealdb
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.
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 2:41 am
by 3za
Siderealdb wrote: Mt. Eden
When did they get sued?
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 2:54 am
by Siderealdb
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.
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 2:56 am
by 3za
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.
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 2:58 am
by Siderealdb
Pretty sure it's one dude with extra digits!
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 3:14 am
by upstateface
AKShift wrote: Eminem dubstep remix

Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 3:46 pm
by AKShift
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.
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 3:48 pm
by Ongelegen
Don't worry if you're not selling it

Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 3:49 pm
by JFK
Project EX wrote:Don't worry if you're not selling it

This, if its not for profit. Go for it.
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 4:01 pm
by wub
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.
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 4:04 pm
by deadly_habit
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

Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 4:06 pm
by Ongelegen
OP mentioned he does not want to sell it so theres no however...
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 4:10 pm
by AKShift
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.
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 4:21 pm
by deadly_habit
this is why aliases and whitelabels are around if it's something big
i doubt it, but just saying
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 4:26 pm
by phrex
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
Re: Samples and the law that binds them
Posted: Tue Dec 21, 2010 5:27 pm
by ramses020
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.