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Clearing/using samples:
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NikC
BeatNik
Started Topics :
40
Posts :
601
Posted : Jan 13, 2005 23:12
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I was reading some laws on sampling, and the method to use a sample legally (unless its already royalty free) is to clear it with the original artist/producer/publisher/record company.
here is a list of what is legal to do:
You CAN use sample CD's. However, read the small print because some companies ask that they grant you extra permission if you are going to release a track with a sample in.
You CAN use synth/sound module presets because you (should) have paid for a licence to use the sounds created by the sound designer included in the price of the product (the designer has been paid when making it to hand over his copyright claims).
You can NOT sample a Demo tune from a synth (but still, who wants to?)
You can NOT use any length of sample in your tunes from another track. The myth that you can use a sample under 5 seconds is not true... you can't even use a stab or a kick or a tiny vocal snippet as you infringe the copyright of the song.
A copyright holder has 6 years since a sample was stolen to sue you.
It doesn't matter how many copies of the song you press you are still infringing copyright law.
You can NOT rearrange a song/melody with different instruments however different they may be. You need to seek permission from the copyright holder to rearrange the track.
You can NOT sample a e.g. a drum loop and distort it, even if it sounds completely different as that is also infringing copyright law... (but chances of being noticed are small)
Copyright lasts for 70 years, but that does not mean you can sample from a classical CD as the record company (which has been around for less than 70 years) will hold the copyright to the CD. But you can rearrange or re-record it.
The myth that vocals from movies/films are not under copyright (unlike the music and sounds from it) is also not true... (everyone uses them though anyway) but the dialogue is a literary work and therefore has a literary copyright by the author. The film itself also has a copyright in its entirety so you are technically infringing the copyright of both the film and the writer.
So thats basically it... but do any of you actually clear your samples? and do the record companies of famous artists do that as well? if anybody has any ideas feel free to write it down...
Peace |
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Jeto
Jeto
Started Topics :
258
Posts :
3252
Posted : Jan 13, 2005 23:23
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EYB
Noized
Started Topics :
111
Posts :
2849
Posted : Jan 14, 2005 00:30
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Who cares 
Take what u want and give free away in the underground.
For commercial tracks be careful, but even then mostly no one is interested in.
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Mike A
Subra
Started Topics :
185
Posts :
3954
Posted : Jan 14, 2005 13:27
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Where did you get it from?
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H2O
IsraTrance Junior Member
Started Topics :
16
Posts :
352
Posted : Jan 14, 2005 13:54
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I know some guy, who produces Hip Hop in USA. Their scene always check the samples authorization. To avoid problems with law system in future.
I don't know if they care of underground music. Unless some day they will attack whole scene coz some artists brake more than one author copyrights in one track. |
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