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Using snippets from movies as samples in a track?
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| aNYthing |
So, I ripped audiotrack from a movie and wanted to use parts of it in my track. What's the legality of doing so, if let's say I decide to shop it to some label? I'm using some background noise that's looped as a rhythmic loop, got few othe drone sounds, etc. I actually sliced up a pretty wicked sample batch where I can realistically splice pieces together to create some really neat textures and passages.
What about using dialog bits in a track? Take solarstone using "you're so cool" from True Romance or someone else using "you take the blue pill, you take the red pill" from Matrix - is that allowed or do I have to license it? |
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| DigiNut |
| Everybody does it, but it's still copyrighted material and not technically any less illegal than ripping from another track. |
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| aNYthing |
| So how do they get away with it? I guess the cost to sue me would greatly outweigh any relief they'll be able to get. But still. Do you think Solarstone just used a sample without permission and then was able to get a track released commercially without any problems? How does that work? |
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| Kysora |
It works because of fair use rules, copyrights can only go so far.
Considering fair use, you'd be using only a very small amount of the original work out of the context it was originally set in, and it would have no significant effect on the original work, so.. I don't think anyone could make a copyright claim against you. Especially since the sample probably won't be the main focus of the song.
Very popular groups like DJ Sharpnel get away with it, and they more or less build tracks around vocal samples. I can't imagine why accenting a song with a sample in the way you're talking about would get you in any trouble. |
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| RichieV |
| audio and film recordings do not fall under fair use. |
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| Subtle |
| quote: | Originally posted by aNYthing
So how do they get away with it? I guess the cost to sue me would greatly outweigh any relief they'll be able to get. But still. Do you think Solarstone just used a sample without permission and then was able to get a track released commercially without any problems? How does that work? |
Ive also done this, very apparent too.. the general rule seems to be, if you are not making any significant money on it nobody is going to care, nor would they know about it for that matter. But legally, sure its not allowed without permission.
So what if Twisted Pictures comes to me and say, "hey dude, thats our sample" what are they gonna do, sue me for the 20 bucks i made on the track? :stongue: |
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| RichieV |
also ,
if you are going to sue for money , it has to be civil and you have to prove that the uncleared sample damaged the integrity of the original. You have to prove that you lost revenue because of it.
Further more, it is common for extremely large groups to use uncleared samples that they figure are so obscure nobody would notice. It is pretty common practice. NIN, Beck, Beastie boys ... |
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| aNYthing |
| Thanks for all the tips - is there a cut off point after which it's more likely to get me in trouble? E.g let's say I use a 30 sec dialogue as a track intro, with about another 2 mins of layered snippets thrown throughout? |
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| beniii |
| quote: | Originally posted by RichieV
audio and film recordings do not fall under fair use. |
Load of sh*t IMO, where is your proof on this statement?
The use of audio and video might not be in the "The Copyright Law of 1976 (US)" which is often quoted. But further updates and to this, and country laws will determine if you can, and how much you can use. |
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| Storyteller |
It is obligatory in just about any country to license someone elses intellectual property unless the rights seize to exist (usually about 70 years after death of the owner). Or if the work is made public property by the owner of the intellectual property of course.
Why don't you prove us otherwise Beniii? The fact that it seems to be condoned doesn't make it legal. |
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| RichieV |
| the definition of fair use is vague but it usually only applies to things used for education or satire. Making a commercial product from unlicensed copyrighted work will never be considered fair use. |
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| simonbostock |
| Wasn't Solarstone's Solarcoaster vocal from a film? |
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