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Using film excerpts in tracks, copyright?
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Agorit
Started Topics :
3
Posts :
114
Posted : Sep 16, 2013 23:02
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On 2013-09-16 19:12, supergroover wrote:
Sorry for the OT:
Ricciardo: any recommendations for granular synthesis? Which plugins do you use?
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alchemy by camel audio is great.
If u use max4live u can use granulator.
U also can use kontakt to create granular sounds.
Reaktor as well. |
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OzMike
IsraTrance Full Member
Started Topics :
148
Posts :
1681
Posted : Sep 17, 2013 06:33
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Quote:
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On 2013-09-16 22:39, Melange5738 wrote:
Your only chance of getting away with samples without paying anything and not risking future liabilities are to NEVER upload it to the Internet and ONLY use it live from YOUR computers. If that is the case they CANNOT charge you squat (falls under the artistic freedom section).
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Not true. As I stated my friend was charged whilst performing on stage. He argued exactly the point of artistic freedom, the courts basically told him to stick his artistic freedom up his a$$.
In some countries you can get away with such claimed, Polish metal band were successful in claiming artistic freedom when the Catholic Church sued them for destroying religious items (the vocalist tore a bible apart on stage).
When it comes to sampling as far as I'm aware it depends entirely on whether you make money or not. But then again I've never seen AP charged for all the famous sci-fi samples they used, nor Infected Mushroom.
My mate said it wasn't worth fighting. Legal fees would have been higher than the fine he got.
He Now plays the track without any of the samples, and he will never use any samples again without proper permission.
Personally it's been very rare that I've found sampling of famous movies or songs work at all. The worst being the Matrix & Toy Story sampling. They now sound really IMO lame.
 Cuntus Maximus. |
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Melange5738
IsraTrance Junior Member
Started Topics :
13
Posts :
142
Posted : Sep 17, 2013 15:34
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Quote:
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On 2013-09-17 06:33, OzMike wrote:
Not true. As I stated my friend was charged whilst performing on stage. He argued exactly the point of artistic freedom, the courts basically told him to stick his artistic freedom up his a$$.
In some countries you can get away with such claimed, Polish metal band were successful in claiming artistic freedom when the Catholic Church sued them for destroying religious items (the vocalist tore a bible apart on stage).
When it comes to sampling as far as I'm aware it depends entirely on whether you make money or not. But then again I've never seen AP charged for all the famous sci-fi samples they used, nor Infected Mushroom.
My mate said it wasn't worth fighting. Legal fees would have been higher than the fine he got.
He Now plays the track without any of the samples, and he will never use any samples again without proper permission.
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Eh, what country was the first mentioned incident, and what country was the original copyright proprietor in?
According to US copyright laws you do have the right to sample anything you want as long as you keep it on your own computer and only use it during live performances. I had this discussion with a legal representative recently and I also read the section in question, I can paraphrase it later if I get the time. |
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bandarlog
Bandarlog
Started Topics :
44
Posts :
809
Posted : Sep 18, 2013 23:23
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Melange5738
IsraTrance Junior Member
Started Topics :
13
Posts :
142
Posted : Sep 19, 2013 03:30
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It is actually quite complicated and I urge you to read the entire law.
http://www.copyright.gov/title17/92chap1.pdf
§ 110·
Limitations on exclusive rights:
Exemption of certain performances and displays
43
§
110
·
Limitations on exclusive rights:
Exemption of certain performances and displays Notwithstanding the provisions of section 106, the following are not infringements of copyright:
(...)
(3) performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly;
(4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers,
if—
(A) there is no direct or indirect admission charge; or
(B)
the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:
(i) the notice shall be in writing and signed by the copyright owner or such owners duly authorized agent; and (ii) the notice shall be served on the person responsible for the performance at least seven days before the date of the performance, and shall state the reasons for the objection; and (iii) the notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe
by regulation;
it continues and becomes murkier later but the way I have had it worked out for me is that as long as you can prove it you only had a personal copy you played on a live set you do not have any liabilities as it is not the D.J. or the live act that is responsible for that copyright owners are getting paid at a party or concert (if it is somebody that is it is the party organizer, and I do not think they risk any financial liabilities here either, but I can be wrong on that). |
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Wizack Twizack
Wizack Twizack
Started Topics :
239
Posts :
3486
Posted : Sep 20, 2013 00:44
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I remember some years ago, i had a track on a compilation released on Kagdila Records, and one other track (dont remember from who) had this THX sound innit and they told me they had to stop sell the cd becouse of that as it was released in USA.
cheers!
For Contact & Bookings:
Wizack_Booking@hotmail.com
www.soundcloud.com/wizack_Twizack
New Album Out: Wizack Twizack - IV (Ovnimoon Records 2011) http://www.beatport.com/#release/wizack-twizack-iv/387698 |
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OzMike
IsraTrance Full Member
Started Topics :
148
Posts :
1681
Posted : Sep 20, 2013 04:59
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If they are willing to hunt down kids pirating on the web I'm sure they're willing to hunt down musicians playing illegal samples.
I know that a gig years I was mildly involved in years ago that was to be called "Event Horizon" I was told by other involved te name was not a good idea because it was a movie title.
In the Ableton course I did recently we were told that we were not allowed to use any illegal samples while in class.
Its better to be careful I think than throw caution to the wind.
Cuntus Maximus. |
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