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Posted by Adambomb337 on Aug-22-2007 21:52:

Remix liability in USA?

Hi, I'm doing a remix and I'm wondering if I am liable for the samples that are sent to me by the original artist if my remix gets released. Or is the original artist solely responsible?

Does anyone know?

Posted by Zombie0729 on Aug-22-2007 23:43:

like if you leaked the remix parts are you liable?

Posted by echosystm on Aug-23-2007 00:11:

It's 2007, you can be sued for anything, anywhere. You are liable by default.

Posted by derail on Aug-23-2007 02:52:

Get it in writing from the artist, that all the samples have been cleared and that you take no responsibility if there's a problem. Then when the legal people approach you, you can show them what you have in writing and tell them where to find the artist so they can sue them instead of you.

But preferable to that - why do you think this is an issue? Just talk it through with the artist, make sure they understand what is and isn't legal, and get a feeling for whether or not they're on the level. If there's any doubts and they can't resolve them for you, don't do it.

Posted by Adambomb337 on Aug-23-2007 05:21:

Thanks derail, I'll do what you suggested.

I'm not sure if all the samples he used (which are now in my remix) are cleared so I don't want to be liable for them.

Do you know if it's different if the artist resides in another country with different laws? And would I always be under the U.S.A. copyright laws?

Posted by Zombie0729 on Aug-23-2007 05:42:

quote:
Originally posted by Adambomb337
Thanks derail, I'll do what you suggested.

I'm not sure if all the samples he used (which are now in my remix) are cleared so I don't want to be liable for them.

Do you know if it's different if the artist resides in another country with different laws? And would I always be under the U.S.A. copyright laws?

if its a big track most of the big labels(i'm talking Atlantic Records, Warner Music Group etc) have copyrights all over the world...

U.S. law is the copyright goes away either after the artist dies or 75years go by, whichever one happens first

Posted by Storyteller on Aug-23-2007 09:20:

Re: Remix liability in USA?

quote:
Originally posted by Adambomb337
Hi, I'm doing a remix and I'm wondering if I am liable for the samples that are sent to me by the original artist if my remix gets released. Or is the original artist solely responsible?

Does anyone know?

The original artist is liable for giving you the samples. You could be liable for using them (if the release gets in public commercially especially). If your remix gets released on another label than where the original is signed you have a big problem.

By signing a record contract (talking about an original track - no remix), you transfer most of your rights of the track to the label. The label now is exclusive (in a normal contract) owner of the works for the duration of the contract. All possible remixes ever made are connected to the terms and conditions of this contract. It's 'just' an edit of the original, not a new track. Just because it carries the original artists name and his chosen track name.

If the remix is coming out on another label, this other label would need to license the track from the label signing the original (fairly expensive by default). If it doesn't, you and the second record label could be in trouble.

I hope this is a clear piece of text, and I hope it is of any use because you didn't really specify what your actual problem is.