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Sample use...will I get sued?

Posted: Mon Jul 24, 2006 8:53 pm
by mattyg
Alright, I've been wondering about this for awhile, and would like some urban legends, personal accounts, or any good advice on what to do. Some of my tracks have some noticable samples in them...mostly vocal samples. I'm wondering what's the risk of releasing something like that...considering the runs are relatively small, and the scene relatively underground. I know Digital Mystikz used some low-profile vocals for ancient memories, Mark One and Virus Syndicate got that song with Sizzla (I'd say that's legit, but I could've sworn I'd heard that melody before). Anyways, I got this song with a big Capelton sample in it...it's gotten some good responses, and I'm wondering if I could get screwed for releasing it. Any advice appreciated. Thanks.

Here's some links to mixes with the song in it...it's called Danger Zone

http://dubstepforum.com/viewtopic.php?t ... ight=argon

http://dubstepforum.com/viewtopic.php?t ... ht=whistla

http://dubstepforum.com/viewtopic.php?t ... t=conspira

Posted: Mon Jul 24, 2006 9:07 pm
by unlikely
that ancient memories sample is sizzla too i think

Posted: Mon Jul 24, 2006 9:11 pm
by ufo over easy
You'll be ok :)

Posted: Mon Jul 24, 2006 9:14 pm
by necta selecta
there used to be some sort of rule where it gets more harsh if you've taken more than 3 seconds from the track but i dunno much about that.

as long as you don't make loads of money you're safe really...what will you be sued for? £300 ?

all publicity is good publicity also.

Posted: Mon Jul 24, 2006 9:16 pm
by deapoh
Rogue Star - The Calling has a vocal singing sample thing. He said if he makes more than a grand he can get sued. I think he spoke to the label / respective owner of the work.

You know you can sample stuff for free if the artist has been dead for more than 50 or 100 years. I dunno what the exact figure is anymore.

Posted: Mon Jul 24, 2006 9:20 pm
by struggle
unless the said track lands you on an episode of lifestyles of the rich and famous i wouldn't worry too much.

Posted: Mon Jul 24, 2006 9:33 pm
by boomnoise
obvious ones are tricky.

i'm sure that the mala alicia keys thing is unlikely to come out because of sample cclearance, whcih would be a shame - as would the coki richie spice track.

The mark1 / sizzle is legit - the vocal was sourced by seani b from 1xtra

i'm sure capletons lawyers aren't trawling this forum and the net.

but the best thing is probably not to talk about sample sources..

Posted: Mon Jul 24, 2006 9:45 pm
by mattyg
Yeah, I hear you. I figured I might as well talk about it since the sample is so obvious though. I should probably contact him/his management and see if it would be cool. If they're not down I don't have the right to release something that has a lot of someone elses creation on it anyways. I've been trying to do more 100% original stuff so I wouldn't have to worry about this, but I guess sampling has worked itself into my style over the years.

Posted: Mon Jul 24, 2006 10:02 pm
by wil blaze
necta selecta wrote:there used to be some sort of rule where it gets more harsh if you've taken more than 3 seconds from the track but i dunno much about that.

as long as you don't make loads of money you're safe really...what will you be sued for? £300 ?

all publicity is good publicity also.
that's a myth mate, it's just as bad taking halfa second as it is taking a whole loop, (yet they still charge you more to clear longer samples... fair?)

anyway, if you're only pressing a thousand copies then don't worry cos nobody will sue you since the cost of suing you would outweigh any money you might have made from the record which is all they couls hope to win off you... so don't worry

personally i've never cleared a sample yet and with small runs it's always been fine...

i bet i get a phone call tomorrow now i said that... lol

peace

Posted: Mon Jul 24, 2006 10:05 pm
by dirty ytee
you sure you don't just wanna make a bootleg?

Posted: Mon Jul 24, 2006 10:08 pm
by ozeb
yo Matty - you should talk to Jason (Koda) - I'm not sure if he pays for samples or for drops but he's got Sizzla all over the place... some of which he has just pressed commercially.

Posted: Mon Jul 24, 2006 10:12 pm
by dopedragon
just listened to the tune again, and the sample is superfluous...nice but not necessary.

if you decide not to put out the vocals, at least drop the version on us :twisted:

Posted: Mon Jul 24, 2006 10:19 pm
by dirty ytee
you might also wanna post your question on
http://www.soundonsound.com/

you can get great advice from people there as well.

Posted: Mon Jul 24, 2006 10:45 pm
by antilynd
Wil Blaze wrote: that's a myth mate
yeah, that's a myth. 808 State could sue you for using a sample of *their* 808 snare. Not that they would, as noone could ever prove it, but it's possible. "no part of this work may be used... bladibla"...

BUT
anyway, if you're only pressing a thousand copies then don't worry cos nobody will sue you since the cost of suing you would outweigh any money you might have made from the record which is all they couls hope to win off you... so don't worry
I'm afraid that's also a myth (might be different in diff. countries, tho). *If* you get sued and they win, it won't matter how much/how little you earned from the record. Just because a track sucked and didn't sell, doesn't mean you're gonna have to pay less. That would just be too good to be true -- imagine discounts on speeding tickets for poor students
8)

there's a lot more to say about that whole copyright business, but I'm too tired now (plus: it's all been said before). Lemme just quote a wise man, Beck, on that issue:
"It’s pretty much impossible to clear samples now [in 2005]. We had to stay away from samples as much as possible. The ones that we did use were just absolutely integral to the feeling or rhythm of the song. But, back [on Odelay] it was basically me writing chord changes and melodies and stuff, and then endless records being scratched and little sounds coming off the turntable. Now it’s prohibitively difficult and expensive to justify your one weird little horn blare that happens for half of a second one time in a song and makes you give away 70 percent of the song and $50,000. That’s where sampling has gone, and that’s why hip-hop sounds the way it does now."
http://en.wikipedia.org/wiki/Sampling_%28music%29 -- well worth reading, btw.

cheers.

Posted: Mon Jul 24, 2006 11:01 pm
by antilynd
anyone remember THIS? :5:

Posted: Mon Jul 24, 2006 11:07 pm
by mattyg
Is that for real!? That's the most ridiculous thing I've ever seen!

Posted: Tue Jul 25, 2006 12:16 am
by dirty ytee
AntiLynd wrote:anyone remember THIS? :5:
jesus those guys are hurtin'..........and they haven't put out a good album in years.

Posted: Tue Jul 25, 2006 7:52 am
by paulie
Just put it out on a white...

Posted: Tue Jul 25, 2006 9:43 am
by random trio
Theres not enough money in it to worry about. It's gonna be harder to nick samples as the sound gets bigger though. Using vocals ect jus limits u to what u can do wiv the track.

Posted: Tue Jul 25, 2006 9:44 am
by struggle
my favorite ever is the "my sweet love"
(george harrison) vs. "he's so fine"(chiffons) lawsuit.
that was some rediculous shit!