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Remixing and copyright question

Greetings TA's,

Quick question that I believe you can all help out with.
Have a fellow Dj friend that recently told me about a remix he created from a dub step artist who is so-so known. When he finished the final mix, he posted his work on you tube with a video he also created. Two weeks later, he received a C&D letter telling him to remove the song from you tube. This was not from you tube mind you but from the artists legal.

I thought [ and so did my friend ] this was quite odd. Yes, the "original" is a copyrighted song,however, my friends remix was a completely different version and it wasnt like he was attempting to use it for the purposes of distribution or selling.

Does the original artist have the right to do this in this case?


oh and I might add [not that it may make any difference at all but..]
The main reason my friend creates these remixes are as an ode to the original artist[s]. He totally gave credit to the originating artist ,explained why he was doing this mix,gave links to the original song [for purchase] and the originator web site

if you claim outright that it is a remix , then yes they can do what they are doing but it is just a veiled threats Nobody will do anything worse than contact youtube and have the video taken down which you can then put it back up the same hour.

Re: Remixing and copyright question

quote:

Originally posted by scorpradio Does the original artist have the right to do this in this case?

Yes.

quote:

Originally posted by Mad for Brad if you claim outright that it is a remix , then yes they can do what they are doing

ok then...so, is there anyway around it? What if you dont claim that it is a remix.

You can only copyright melodies and words so unless the melody is close or you use lyrics in the song, there is not much they can do. But honestly, there is not much they can do if you claim it is theirs. Nobody is going to sue someone that isn't making a shit load of money. You said they were not that known. They don't have the money and they are just bluffing. There isn't much they can do but threaten.

Cool, Thanks you guys!! appreciate the feedback!

quote:

Originally posted by Mad for Brad You can only copyright melodies and words so unless the melody is close or you use lyrics in the song, there is not much they can do. But honestly, there is not much they can do if you claim it is theirs. Nobody is going to sue someone that isn't making a shit load of money. You said they were not that known. They don't have the money and they are just bluffing. There isn't much they can do but threaten.

It is a bit weird though - most labels don't usually give a shit, especially the smaller ones. It could only mean more exposure to them.

You know, I thought the same thing. I couldnt believe how anal that was.
At the same point, please pardon my ignorance here but, I did find out that the artist was actually more known than I had thought. Ill Skillz to be exact. So...my bad. Still, I cannot understand how there are sooooo many remixes out there and just this one artist gets upset over the usage.
However, I must admit, my fellow Dj friends version of one of there songs is quite amazing. Maybe Ill Skillz was concerned for that reason alone? ::shrugs::

i think they would be more concerned if it was bad. Did they send an email or an actual letter. Was it a form letter or actually something they had to spend money on.

Email form.
Taking a look at what you just posted Brad, Im seeing where you are going with this. In the back of my mind it seemed a little "light" for a C&D as well.
And believe me, his version is very well done. Matter of fact, there has been more responses for him to put back up that remix than any of his other songs.

It depends on how much having it up there means to your buddy. Since YouTube viewers are not provided with download links to the music file, users can't just steal the music without the added trouble of using 3rd party software to download the stream.

I'd advise your friend to contact an attorney who specializes in these types of cases to find out more information regarding the laws covering these issues. Until then, remove the video to be safe.

the attorney will say it is illegal and then he will say so what. In this instance, the odds that he gets sued are approaching 0. You can spend 200$ for one hour of a lawyer's time but you must realize that law in theory and law in practice are quite different.

quote:

Originally posted by scorpradio ok then...so, is there anyway around it? What if you dont claim that it is a remix.

Yes there is a way round it.
Dont include ANY samples in it from the original.
You can replay any samples - it is then classed as a cover version.

Sampling without permission leaves you open to breach of mechanical copyright, and you are likely to get a C&D letter and/or sued.
Cover versions are allowed and you do not need permission- but it MUST NOT include ANY samples of any part, either instrument or voice at all.

Of course, this applies just to youtube...

If you actually plan on selling this track, then you need to pay upfront (minimum 500 copies, somethng like 9 cents a copy- from rusty memory), although as it is a cover version, you wouldnt actually need to ask permission. Harry Fox has all the details on this if you wanted to go this route.

quote:

Originally posted by Freak Yes there is a way round it. Dont include ANY samples in it from the original. You can replay any samples - it is then classed as a cover version. Sampling without permission leaves you open to breach of mechanical copyright, and you are likely to get a C&D letter and/or sued. Cover versions are allowed and you do not need permission- but it MUST NOT include ANY samples of any part, either instrument or voice at all. Of course, this applies just to youtube... If you actually plan on selling this track, then you need to pay upfront (minimum 500 copies, somethng like 9 cents a copy- from rusty memory), although as it is a cover version, you wouldnt actually need to ask permission. Harry Fox has all the details on this if you wanted to go this route.

Good information

So basically a person can replicate parts of a song, but would have to produce those sounds themselves.

No sampling of the actual song.

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