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Sampling (From A Legal Stand Point)
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| Viber |
Hi there,
I've been messing around with sampling in the last few weeks and it made me wonder: "if i ever make a good song using several samples from several different song, would i be able to send this song to a label?"
I vaguely remember that there's a time cutoff (using X seconds is allowed) or something like that but im not sure...
Is anyone updated with the rulebook? :D |
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| 19503 |
| the label can get approval from the original tracks labels, just let them know from which tracks you took the samples from and they should take it further. |
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| Viber |
| What if i call it a remix? do i still need to get an approval from the sample owner? can one even sign it to a different label? |
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| Storyteller |
| It could be different for some countries but normally there is no cutoff time. This means, from a legal point of view, you would need writting permission from all the owners of the master rights from which you sampled individually. No matter if it's 3 minutes of one tenth of a second. |
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| 19503 |
| quote: | Originally posted by Viber
What if i call it a remix? do i still need to get an approval from the sample owner? can one even sign it to a different label? |
no.yes.no.
in your case it seems best to just make a bootleg/remix and give it away for free on the net, not trying to release it. |
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| DigiNut |
People sample and release without permission, of course, but that doesn't make it legal. Several of them bank on the fact that they're just unlikely to get caught if they use a short enough sample and mask it well. The bottom line is that you need to get permission from the original label before you release it.
No, calling it a remix doesn't confer any immunity, in fact it just draws more attention to the fact that you didn't go through the proper channels. Remixes need to be licensed.
And the aforementioned "releasing" includes releasing into the public domain. Just because you're not making money from the sample, doesn't mean you have implied broadcast rights. Again, many bootleggers simply rely on the fact that if they're not bringing in any income from it then the lawyers will concentrate on more important targets. That doesn't make them immune.
I'll sum it up for you: If you plan to do anything significant with this track, then clear the samples, or have your label do it for you. Otherwise, keep a very, very low profile. |
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| Viber |
Damn! this sucks...no more sampling for me i guess:(
But i have to admit i'm pretty confused, you can spot videos in youtube with over 1 million views by artists like Pogo and many other hobbyists who i'm sure did not get permission from those big gunz they are remixing.
They are obviously not keeping it low profile too.
Do you want to tell me all those people are risking themselves with lawsuits? |
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| Storyteller |
| Technically yes. But in most cases it's unlikely to happen. Plenty of people are willing to take that chance and get away with it. |
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| kitphillips |
| Release it for free and say its a white label. If its on your soundcloud or whatever then everyone will guess its yours anyway, but it makes you slightly more immune if you pretend. |
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| Viber |
Sorry for all the questions, but i got 3 more:
1) Do i need permission to sample someone talk from a movie\tv show?
2) Do i need permission to sample a part from an acapella? (why would a record company release an acapella if they forbid its remaking and publishing?:conf: )
3)
| quote: | Originally Posted By Diginut
And the aforementioned "releasing" includes releasing into the public domain. Just because you're not making money from the sample, doesn't mean you have implied broadcast rights. Again, many bootleggers simply rely on the fact that if they're not bringing in any income from it then the lawyers will concentrate on more important targets. That doesn't make them immune. |
Girl Talk is making a living out of unauthorized sampling and heavy "broadcasting" of many samples.
I know he's not allowed to make an album out of it and sell it without paying those labels, but still - he is a living contradiction to the aforementioned statement. :wtf: |
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| 19503 |
| yes. yes. i didnt get the 3rd question. |
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| Viber |
| quote: | Originally posted by 19503
i didnt get the 3rd question. |
How can that contradiction exist in Girl Talk's case? |
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