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Legal aspect of sampling: What you should know
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| CynepMeH |
found this link on future producers, answered quite a few of my questions about sampling stuff:
http://www.music-law.com/sampling.html
Hope it helps if you had that nagging question |
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| skytribe |
An excellent point to make. Well done.
Actually, this really should be a stickie. Mods? |
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| Tranc3 |
Not much new info there, but this was unknown to me:
| quote: | | Sampling can also have tremendous consequences if you have a record contract. Most record contracts have provisions called "Warranties", "Indemnifications" and "Representations". These provisions constitute a promise that you created all the music on your album and an agreement to reimburse the label if it is sued. These same provisions are included in all contracts throughout the entertainment distribution chain. The record company has them with the artist, the distributors with the record company, the record stores with the distributors, and so on. Well, all these warranties point back at the artist who is responsible to everyone else! Therefore, if you violate someone else's copyright, you will be paying all the bills of your record company, distributor and any stores which incur expenses as a result of your infringement. This can run into serious money as you can imagine. You will also be in breach of your record contract. Read your record contract carefully before using any samples. |
Damn! |
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| hey cheggy |
| Obviously, if you cut the vocals from another track, you could get in deep , but if you are just using simple percussion samples like kicks that you've ripped of other tracks, you're fine. No one can say, "Hey, I used that snare in my song, you must have stolen it from me". |
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| Freak |
| quote: | Originally posted by hey cheggy
No one can say, "Hey, I used that snare in my song, you must have stolen it from me". |
Well they can- if its distinctive, as opposed to the generic 909/808 samples.
Its happened before- they will call in a sampleologist to determine whether its illegally sampled.
Its no different to sampling a vocal line- just on a lesser scale.Its still breach of copyright. Unlikely to happen- but stranger things have happened in the past. (dj danger mouse being a prime recent example..) |
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| Limit |
| truthfully you can't sample anything...you want to use a sample in your track get the permission from the artist/composer/film company/tv studio whatever just get the permission...might cost a few bucks or hundreds...or you...ah no point in explaining what you can do..you probably already know! |
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| kewlness |
i still don't get what's up with sampling other tracks... just make your own... it's so much more rewarding, you learn much more
although, vocals are a whole new ballpark |
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| marco.V |
interesting.
I wonder how tiesto did for his remix of adagio for strings as it is Tiesto - Adagio for Strings on the album instead of Adagio for Strings (Tiesto Remix).
any1 knows? |
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| skytribe |
Because Adagio For Strings is now in the public domain.
Sort of.
What that means is the original music, as written by the composer, is public domain. Specific arrangements and performances can be copyrighted. |
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| marco.V |
| quote: | Originally posted by skytribe
Because Adagio For Strings is now in the public domain.
Sort of.
What that means is the original music, as written by the composer, is public domain. Specific arrangements and performances can be copyrighted. |
ok!
but how do i know if the music is in public domain or not ? |
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| Freak |
| Copyright only stands for 50 years after the death of the composer... |
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| Sloouh |
| quote: | Originally posted by Freak
Copyright only stands for 50 years after the death of the composer... |
Unless it is shored up by the composers family, I've forgotten the details of this but there is a way to keep copyright.
But in that case Barber's Adagio for Strings is no longer copyrighted.
The safest way is to presume things arn't in the public domain, for instance the Beatles songs will probably never enter the public domain. |
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