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Handing out unofficial productions/remixes (pg. 2)
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| Storyteller |
| Yea most of the times it is just like that. Some managements/labels can be dicks though so be careful. :) |
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| EgosXII |
| quote: | Originally posted by ponsshin
So as long as I'm not putting it to commercial use it's ok?
Well thanks. |
as i said tho, putting it in a publicly accesible place is similar to advertising it, so if a C*** label saw it on a site of yours or something i think you could get in trouble...
likelihood of this happening is a million to one though :)
but yeah, just imagine it the same as if it was the original track, not a remix... same places u can legally put the original you can put the remix... i.e: in ur home only pretty much :p |
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| kitphillips |
| quote: | Originally posted by Storyteller
So you're saying you do have rights but not the rights to create te remix, thus have no rights? :D
I know different rules apply per country when talking about intellectual property. Strictly speaking there are a couple of rights you have when doing a remix, but those only apply when the rights owner grants you the right to do a remix. The remix will always be property of the owner of the master rights (mostly artist and/or record label). |
Theres two separate issues.
When you create a remix, you have intellectual property rights over that mix, unless you sign them away. But if its an unofficial mix, then it should never have existed. So they can sue you for creating the mix, but AFAIK CANNOT simply take the mix and put it to commercial use themselves. They might also try to cut a deal saying, we won't sue if you give us all rights to the mix. But you'd still have to sign that deal.
When its an official remix, you sign your righs over to the label as part of gaining permission to do the mix in the first place. |
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| Storyteller |
| As far as I know there's only one set of rights you do have when remixing. And that's that you get a fee for it being played publicly/in public spaces (radio/tv/etc). That is an intellectual right. However the intellectual property over the track and the remix always belongs to the original writer of the track. |
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| kitphillips |
| Your work on the track constitutes some intellectual right over your work on the track. That's why you get some money. Maybe its different where you are, but that's how I understand it works in Australia and I think UK and US. |
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| Storyteller |
| Makes sense :). |
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| G-Con |
| quote: | Originally posted by kitphillips
Your work on the track constitutes some intellectual right over your work on the track. That's why you get some money. Maybe its different where you are, but that's how I understand it works in Australia and I think UK and US. |
From the little experience I have with contracts, when a label signs a track (original I'm talking about) they will state that any remix, reproduction of any kind will belong to them and they will have full rights. Therefore, if someone else does a remix, the label will automatically be able to claim full ownership of said remix. UNLESS, of course, it was an official remix and the label has already come to an agreement with the remixer.
But I'm pretty certain that any unofficial remix (which is what we're talkin about here) will always belong to the label and maybe the original artist as well depending how the contract was worded.
You can't claim any rights of ownership over a remix of a track that belongs to someone else. |
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| ponsshin |
| That was exactly the kind of answer I was looking for. Thank you. |
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| Storyteller |
| quote: | Originally posted by G-Con
From the little experience I have with contracts, when a label signs a track (original I'm talking about) they will state that any remix, reproduction of any kind will belong to them and they will have full rights. Therefore, if someone else does a remix, the label will automatically be able to claim full ownership of said remix. UNLESS, of course, it was an official remix and the label has already come to an agreement with the remixer.
But I'm pretty certain that any unofficial remix (which is what we're talkin about here) will always belong to the label and maybe the original artist as well depending how the contract was worded.
You can't claim any rights of ownership over a remix of a track that belongs to someone else. |
Exactly my point and I fully agree. There is one problem though, because Kitphillips is right as well. Doing a remix does give you certain rights. In Holland it's called 'naburige rechten', I can't properly translate it unfortunately. It just means the remixer is entitled to a part of the royalties received from airplay (in public areas, offices, on tv, on radio, etc). |
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| G-Con |
| quote: | Originally posted by Storyteller
It just means the remixer is entitled to a part of the royalties received from airplay (in public areas, offices, on tv, on radio, etc). |
even if it is an unofficial remix? |
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| Storyteller |
| I'm not sure. Grey area as they say. |
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| kitphillips |
I guess the point is: I don't think a dance music label will sue you, and I don't think they can just release the music without your permission (even if you had no permission to remix it in the first place).
So probably best to keep it low profile, but its also probably OK to hand it out to friends and DJs. Don't send it to radio stations neccesarily. |
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