It is currently Sat Apr 27, 2024 3:43 am




Post new topic Reply to topic  [ 16 posts ]  Go to page 1, 2  Next
Author Message
 Post subject: Copyright and Sampling
PostPosted: Tue Jun 24, 2008 11:31 pm 
Member

Joined: Thu Nov 29, 2007 8:24 am
Posts: 39
Is there any general rules on what you can and can not use in terms of sampling from records. Most of my sampling is from field recordings, but now im getting into sampling records, I perform as well so i dont want to run into any trouble down the track.


Offline
 Profile  
Top 
 Post subject:
PostPosted: Wed Jun 25, 2008 12:21 am 
404 Award Winner '09 + Beat of the Year '09 + Tape of the Year '09
User avatar

Joined: Fri Dec 08, 2006 6:37 am
Posts: 2235
Location: New York
I never went thru the trouble of getting my sample based music legal, but i would imagine it would take a lot of bullshit for an underground musician to pull that off. but idk

That just more inspiration to flip it past recognition though 8)

_________________
Image
Image

http://www.myspace.com/juxtkid


Offline
 Profile  
Top 
 Post subject:
PostPosted: Wed Jun 25, 2008 12:41 am 
303 Award Winner '09
User avatar

Joined: Sun Jul 01, 2007 12:01 am
Posts: 4586
Location: Narnia
I know all classical music is public domain, since an original artist is no longer around to pay.

_________________
https://soundcloud.com/savedbythesmell
Image


Offline
 Profile  
Top 
 Post subject:
PostPosted: Wed Jun 25, 2008 12:50 am 
Member
User avatar

Joined: Fri Jun 22, 2007 4:37 pm
Posts: 2302
Location: Adelaide
I wouldnt worry unless:

a) you're rich/making a fair bit of money
b) really popular
c) closer to ripping things off than sampling for creative purpose

_________________
Samples.


Offline
 Profile  
Top 
 Post subject:
PostPosted: Wed Jun 25, 2008 12:56 am 
Member
User avatar

Joined: Wed Feb 14, 2007 1:28 am
Posts: 954
Location: Melbourne, Australia
It can actually be a GOOD thing to make your name from a sample-based track. You'll have to deal with the fact that the you won't see a cent from that production, but you'll have made a name for yourself, which you can then use to promote your own original stuff.

"Black Box - Ride on Time"; all the money went to the original artist, but Black Box got famous, toured the world and had a couple of hits that they DID get the money from.

Don't ever worry about sampling unless you are being dishonest about it :P

_________________
Warm bourbon makes you crazy


Offline
 Profile  
Top 
 Post subject:
PostPosted: Wed Jun 25, 2008 5:51 pm 
Member
User avatar

Joined: Thu Dec 28, 2006 4:07 am
Posts: 1160
Location: Miami FL
its not illegal if u dont get caught/dont make money :-D

_________________
"Tellin my people we can flee to advantage but man is still a man and where he stands he'll leave damage" -Qwel

www.myspace.com/djfrantic


Offline
 Profile  
Top 
 Post subject:
PostPosted: Wed Jun 25, 2008 6:07 pm 
Member
User avatar

Joined: Tue Mar 18, 2008 6:22 pm
Posts: 1487
Location: Tacompton
606man wrote:
...

"Black Box - Ride on Time"; all the money went to the original artist, but Black Box got famous, toured the world and had a couple of hits that they DID get the money from.

Plus we all know what "The Grey Album" did for Danger Mouse... through the freakin roof! and all he got was a cease and desist letter. Since it was officially a promo cd he didn't have any on-the-book profits for anyone to stake claim to.


Offline
 Profile  
Top 
 Post subject:
PostPosted: Wed Jun 25, 2008 11:18 pm 
Member
User avatar

Joined: Wed Feb 14, 2007 1:28 am
Posts: 954
Location: Melbourne, Australia
perzactly

_________________
Warm bourbon makes you crazy


Offline
 Profile  
Top 
 Post subject:
PostPosted: Thu Jun 26, 2008 12:35 am 
Member
User avatar

Joined: Mon Apr 16, 2007 10:35 am
Posts: 2289
Location: Berlin, Germany
juxt wrote:
That just more inspiration to flip it past recognition though 8)


amen - that's what this is all about

_________________
kill your darlings


Offline
 Profile  
Top 
 Post subject:
PostPosted: Fri Jun 27, 2008 3:40 am 
Member
User avatar

Joined: Fri Jul 06, 2007 2:42 am
Posts: 194
Location: Seattle to Midwest
Quote:
I know all classical music is public domain, since an original artist is no longer around to pay.



Under the latest iteration of the law (1978), works by individual authors were protected until 50 years after the year of the author's death. The Bono extension increases this to 70 years. (Sonny Bono Copyright Extension Act (1998)


Works published Jan. 1, 1978, and after are protected for 70 years after the death of the author. For joint works, it is 70 years after the death of the last author to die.

Quote:
Works "published" by corporations and created by employees as part of their jobs (called work-for-hire) are protected for 95 years from publication or for 120 years from creation.


Very important, this means if you have a singer or collab with someone and you exchange money for services, you have to wait for 120 years from the creation.. Read more about work for hires, I think they get to techincal on that, even if you ask for feedback on your music an you change it to someone elses feedback then you must copyright it with their name as a co-author.







Works created before Jan. 1, 1978, but not published by that date are protected for the life of the author plus 70 years or until Dec. 31, 2002, whichever is later. If the work is published on or before Dec. 31, 2002, protection will expire on Dec. 31, 2047, regardless of when the author died.


Works created between Jan. 1, 1923, and Dec. 31, 1977, have protection based on renewal periods/dates rather than the author's death date. Works from this era will require careful research in the Copyright Office's records to find out if a renewal was made during the appropriate window. If this was not done or not done properly, protection expired after the first term, and the work has fallen into the public domain. If, however, renewals were done correctly, the maximum protection period is 95 years.

Similarly, works created January 1, 1964, through December 31, 1977, are protected for 95 years from the date of creation.

Works created in 1922 or before are now public domain. No new material will enter the public domain for another 20 years.

----------------------------------------------------------------

Quote:
Foreign copyright regulations are very complex and the duration of copyright can vary significantly. Some authorities advise that it is not safe to assume that a foreign work copyrighted in the last 200 years is in the public domain. (See also international copyright.)


So that means Beethoven and Mozart's shit is off limits


-----------------------------------------------------------------------

Fair Use Guidelines

Fair use allows others to copy and use the original work of others for limited uses:

Criticism or parody of original works

News reporting

Scholarship

Research

Teaching and educational uses

Fair use is based upon the following factors:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes

The nature of the copyrighted work (the more factual the work, the more likely it will be fair use)

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

The effect of the use upon the potential market for or value of the work

_________________
www.olivier-recordings.com
Custom made videos for Cakewalk products, Roland MV8000 (MV8800), Motu BPM, and much more!

Music is a moral law,
it gives wings to the mind,
a soul to the universe,
flight to the imagination,
a charm to sadness,
a life to everything,
Plato 400 B.C.


Offline
 Profile  
Top 
 Post subject:
PostPosted: Fri Jun 27, 2008 7:57 am 
Awesome Member
User avatar

Joined: Mon Mar 03, 2008 6:44 pm
Posts: 577
Location: Ocala,FL
thanks for da breakdown/info homie

_________________
Nothing in life comes easy, so with success comes struggle...


Offline
 Profile  
Top 
 Post subject:
PostPosted: Thu Jul 03, 2008 9:53 pm 
Member

Joined: Thu Oct 25, 2007 11:31 pm
Posts: 179
Location: NYC
Industry Secret: The big labels aren't really gunning for samplers anymore. All their legal money is being spent at going after digital piracy. Over the last year, I've had no trouble clearing samples, even from big artists like Modest Mouse. All for nothing. They're kind of catching on to the idea that sampling is a form of viral marketing. See, you put that word "marketing" in something and all of a sudden guys in suits are all for it.

Not to say that if you blow up, they won't come after you (As a matter of fact, the samples I have cleared have all been done so on the basis that if I do make significant money in the future, we have to renegotiate our agreement). They just aren't wasting time going after samplers and unknown artists. They're losing money astonishingly fast. They really don't have the resources anymore. In fact, I'd be willing to bet that by the time someone just starting out today makes it big, the record companies will be a thing of the past.

_________________
--
P
HoseyNYC.com


Offline
 Profile  
Top 
 Post subject:
PostPosted: Fri Jul 04, 2008 1:06 am 
Member

Joined: Thu Nov 29, 2007 8:24 am
Posts: 39
I think that record companies are still an important part of the industry. As for big labels I'm not sure that they will stick around, but record companies are basically a loan facility, because what unknown act could afford to record an album in a good studio.

The problem is that the general listeners would prefer a professional recording because they are not use to lo fi music. So to get the money to make a professional album, you need something like a record company. and obviously there contacts are a huge help.


Offline
 Profile  
Top 
 Post subject:
PostPosted: Fri Jul 04, 2008 9:26 pm 
Member

Joined: Sun Apr 20, 2008 10:03 pm
Posts: 273
actually "good studios"havent been a neccesity for professional sounding recordings for years-espescially when doing hip hop or anything electronic/beat based.nowadays the only time a studio is neccesarry is if you're recording multiple live instruments,i.e. rock bands-even then itsnot a neccesity.. the technology that exists now compared to just 10,15 years ago makes it possible for anyone to make a "professional" recording in their home,if they have the right stuff.the only thing a record company is useful for is marketing and distribution-and because theres now so many other avenues for both those things,record companies are being pushed further and further out of the equation.and thats a good thing.

_________________
while cia plays hide & seek with our lives I've come to try & teach/Iron Fist tiger grip,knuckles white,tight Zion Sun spiked leash "

www.myspace.com/druphit

www.myspace.com/adruthemisphit

www.myspace.com/beird


Offline
 Profile  
Top 
 Post subject:
PostPosted: Sat Jul 05, 2008 12:19 am 
Member
User avatar

Joined: Fri Jul 06, 2007 2:42 am
Posts: 194
Location: Seattle to Midwest
Quote:
the only thing a record company is useful for is marketing and distribution-and because theres now so many other avenues for both those things,record companies are being pushed further and further out of the equation.and thats a good thing.



Very, Very true, however I still believe record companies will always be around. They have that multi-million dollars to back anything. If you notice high price studios of the past are coming down in price quick, very quick $35-60 and hour, cuz they have to compete. I wonder what are record companies going to do to still stay in business, I'm surprise they don't just buy the web (I know it's not for sale, but ALMOST everything has a price), or a good percent of something, look at Apple.. People are so afraid of Record companies taking over, we forget about itunes, and other online venues, how much of the pie are they getting? Yeah they started out as indie musicians like us, but so did those Record companies.. When will something be revealed from our online distrubution buddies? Say a matter of time?

_________________
www.olivier-recordings.com
Custom made videos for Cakewalk products, Roland MV8000 (MV8800), Motu BPM, and much more!

Music is a moral law,
it gives wings to the mind,
a soul to the universe,
flight to the imagination,
a charm to sadness,
a life to everything,
Plato 400 B.C.


Offline
 Profile  
Top 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 16 posts ]  Go to page 1, 2  Next



Who is online

Users browsing this forum: No registered users and 58 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: