Login / Register
 
Whats the legal situation of using others beats on a mixtape?
New Reply
Subscribe
bluedreamz
Thread Starter
#1
18th February 2010
Old 18th February 2010
  #1
Gear nut
 
Joined: Dec 2009
Posts: 95

Thread Starter
bluedreamz is offline
Whats the legal situation of using others beats on a mixtape?

A lot of artists use OTHER peoples beats on their FREE mixtapes....is there anything that can happen to you legally if youre using them for free mixtapes?
#2
18th February 2010
Old 18th February 2010
  #2
Lives for gear
 
CRACKPIPE's Avatar
 
Joined: Aug 2009
Location: Saturn
Posts: 1,630

CRACKPIPE is offline
If someone wanted to make something happen, they could. Case by case, beat by beat. Legally you can't use copyrighted material without permission.

Mixtapes are hip-hop and no ones gonna give a shit. I used to sell mixtapes (nonce) and I never had a problem, but my name is not DJ Drama.

Now I prefer to do all original or get permission. Hip Hop is a social movement.

I don't know. Seems obvious and a strange question to post. Why am I even responding, I have recording to do, I'm out.
__________________
breathe
#3
18th February 2010
Old 18th February 2010
  #3
Gear maniac
 
Simon FP's Avatar
 
Joined: Feb 2009
Posts: 176

Simon FP is offline
you're doing free mixtape, just chill man. nobody want's a piece of your nothing
#4
18th February 2010
Old 18th February 2010
  #4
Gear Guru
 
rickrock305's Avatar
 
Joined: Jun 2005
Location: Miami FL
Posts: 10,182

rickrock305 is offline
yes, something could happen to you legally for using others copyrighted material. chances are noone gives enough of a sh*t about you though.
#5
18th February 2010
Old 18th February 2010
  #5
Lives for gear
 
3rd Degree's Avatar
 
Joined: Dec 2008
Posts: 3,434

3rd Degree is online now
People can't really do anything if you arn't making money. It just isn't worth there time.

Don't get me wrong, alot of people will flip out, talk shit and get very mad but that doesn't mean they can really do anything. I know some dudes will try to destroy your myspace or whatever you would be doing to promote it online but that is about all they can do.

That doesn't make it legal at all (nor OK in my mind) but not much can be done.
#6
18th February 2010
Old 18th February 2010
  #6
Gear addict
 
Joined: May 2006
Posts: 319

Jay Lee is offline
Depends on who you walk all over. Do it for someone with good connections and they can do some pretty bad things to your reputation and chances. Do it to a psychopath and you can loose your teeth or something else of importance. Do it to a lawyer and you can loose your house/car/momma/or whatever you have. LOL

There's so many mixtapes out there that it's most likely no one that matters will ever hear yours. But in the offbeat chance you get a record deal with a beat you have stolen, and the owner of the beat won't give you permission to use it, you're ****ed. And there are producers who will just out of spite or principal deny you rights, 'cause they are pissed you stole it instead of asking. I personally would tell the record company I have a 10 times better song written to the beat than yours and offer it to some other artist on their roster and tell you to **** off. If stealing gets you to the door crack, don't expect people to be happy about you.

+ Mixtapes are so last year anyways. Do 1-3 hits and you have better chances than with 10 mediocre songs.
#7
18th February 2010
Old 18th February 2010
  #7
Gear addict
 
Joined: May 2006
Posts: 319

Jay Lee is offline
Quote:
Originally Posted by talontsiawd View Post
...but that is about all they can do.
Well, if you put the songs on any site like myspace, soundclick or some other of the many, it's pretty easy for the copyright owner to tell the site to remove the song immediately on the grounds of copyright infringement.
#8
18th February 2010
Old 18th February 2010
  #8
Gear addict
 
Joined: May 2006
Posts: 319

Jay Lee is offline
Oh and bluedreamz, I just read another post of yours here... quoting: "I'm signed to a major that Id rather not talk about and I have my sophomore album due 2nd quarter next year".

Dude what's wrong with you?! Your label will drop you like that, the minute you get into legal trouble because of your own stupidity. If you really are signed to a major label, your contract most likely has a stipulation that they can drop you if you behave illegally. + Why the hell are you asking things like this here? You obviously must have a lawyer if you have signed a major deal.

And on another note, how God damn cheap can you be, to be actually wanting to steal something instead of paying for it when you are on a major label and should have money to pay for things. Or do you think it's ok to use other peoples work to get free promotion or what? Man what an a-hole.

But I guess I shouldn't be surpriced on how hip hop people work.
#9
18th February 2010
Old 18th February 2010
  #9
Gear interested
 
Joined: Feb 2010
Location: New York City/Los Angeles
Posts: 23

Kensai is offline
if your not making any money off of it your fine.
#10
18th February 2010
Old 18th February 2010
  #10
Gear addict
 
Joined: May 2006
Posts: 319

Jay Lee is offline
If it's a major label artist making money from his actual label releases, a case in courts can be made that he's financially benefiting from the use of other peoples work for free, because it gives him free promotion/marketing material.
#11
18th February 2010
Old 18th February 2010
  #11
Lives for gear
 
Joined: Jan 2007
Location: U.S.A.
Posts: 2,416

chris carter is offline
Whether you give it away free or sell it for money is relatively meaningless. It depends on:

a) how many unites you move, how much noise you make
b) who you steal from

If you move a ton of copies, everyone will care and you'll be in deep sh!t.

If you are doing 1000 copies, chances are nobody big will care because it's not worth their time. But if you steal a beat from a smaller producer, they might give a f*ck and make your life hell (as you would deserve). Although federal copyright infringment cases are incredibly expenseive to wage, there are situations where small time producers/artists/labels have gone after mixtape people who stole their stuff in SMALL CLAIMS court successfully. I won't get into the technicalities of how these kinds of cases can be battled in the small claims jurisdiction, but there is essentially no financial barrier to taking someone to small claims court.

But to be clear, if you use someone else's work in a mixtape, free or not, it IS ilegal.
__________________
Chris 'Von Pimpenstein' Carter
Mixer | Producer
Three international #1 hit radio singles
Me: www.vonpimpenstein.com | Studio: www.feistychicken.com | Facebook: www.facebook.com/chriscarterproducer
MIX RATES: Standard major label $700, Standard indie/unsigned $299(temporary price from $550), Promo $49-$99
#12
18th February 2010
Old 18th February 2010
  #12
Lives for gear
 
3rdeyeKnight's Avatar
 
Joined: Jun 2006
Location: VA
Posts: 726

3rdeyeKnight is offline
I've always wondered about this as well. When FunkmasterFlex, DJ Kool, Crooklyn Clan, DJ Jazzy Jeff, etc., come out with these mix-tapes/CD's with well-known songs played through like a party-DJ would do it; do they all get permission/clearance for each song?

__________________
-ignorance is not a trend-
#13
18th February 2010
Old 18th February 2010
  #13
Gear Head
 
Joined: Jun 2009
Posts: 35

Mendoza is offline
I've known a few groups that do this but don't charge you for the "music" they charge you for the "art work". Basically they get a graphics artist to draw up a cover and "give away" the music. Pretty clever.

The most I've seen an artist move, as far as units, is 5,000 copies of their mixtapes.

Mendoza
#14
18th February 2010
Old 18th February 2010
  #14
Gear addict
 
Joined: May 2006
Posts: 319

Jay Lee is offline
And what's clever about that. That isn't a legal loop hole if that's what you're insinuating.

If you for example make a copy of Madonna's album and sketch the cover for the cd yourself and then say you're selling the "artwork" and not the music, the music just comes as a free sidedish, you're still going to get slammed by a copyright infringement lawsuit and are going to have to pay.

Excuse my French, but that's is the most stupid thing I've ever heard.

Hi! Would you like to buy this nice dvd cover I have drawn for the movie "Avatar"? If you buy the coverart for 5 bucks, I'll give you the bootleg movie for free.

LOL

#15
18th February 2010
Old 18th February 2010
  #15
Lives for gear
 
Joined: Jan 2007
Location: U.S.A.
Posts: 2,416

chris carter is offline
I sell girls that provide conversation. Them f*cking your brains out, that's a freebie. It's a nice loophole that keeps me out of jail.
#16
19th February 2010
Old 19th February 2010
  #16
Lives for gear
 
jbrown1music's Avatar
 
Joined: Jul 2007
Location: philadelphia
Posts: 641

Send a message via AIM to jbrown1music
jbrown1music is offline
Quote:
Originally Posted by Simon FP View Post
you're doing free mixtape, just chill man. nobody want's a piece of your nothing
basically. now if u make money then u got a problem
#17
19th February 2010
Old 19th February 2010
  #17
Lives for gear
 
Lrmusic's Avatar
 
Joined: Aug 2009
Posts: 2,991

Lrmusic is offline
Quote:
Originally Posted by chris carter View Post
I sell girls that provide conversation. Them f*cking your brains out, that's a freebie. It's a nice loophole that keeps me out of jail.
Well that explains the nickname
bluedreamz
Thread Starter
#18
19th February 2010
Old 19th February 2010
  #18
Gear nut
 
Joined: Dec 2009
Posts: 95

Thread Starter
bluedreamz is offline
Thanks for your responses guys. One of my engineers had a part in cudi's mixtape when he was first coming up and kept insisting to me that it would be fine to use some other ppls beats as long as we're not selling the mixtape.. they used someone elses beat for the track "Man on the Moon" and all they did was drop dude a line saying thanks! lol!

As for the label issue, my label kept telling me to use my own shit but its easy for them to say it...they don't know how much important this particular beat is that Im referring to ..looks like im just gonna drop dude a line and then just mention him in the liner notes

As for the cynical pieces of trash who were saying no ones gonna hear my stuff....you are pathetic. Your remarks are a reflection of your own failures. Stop spreading your pain. Thnx.
#19
19th February 2010
Old 19th February 2010
  #19
Lives for gear
 
CRACKPIPE's Avatar
 
Joined: Aug 2009
Location: Saturn
Posts: 1,630

CRACKPIPE is offline
Quote:
Originally Posted by bluedreamz View Post

As for the label issue, my label kept telling me to use my own shit but its easy for them to say it...they don't know how much important this particular beat is that Im referring to ..looks like im just gonna drop dude a line and then just mention him in the liner notes
WTF dude?
#20
19th February 2010
Old 19th February 2010
  #20
Lives for gear
 
Sirocco's Avatar
 
Joined: May 2004
Location: New Jersey
Posts: 3,410

Send a message via AIM to Sirocco
Sirocco is online now
Quote:
Originally Posted by bluedreamz View Post
Thanks for your responses guys. One of my engineers had a part in cudi's mixtape when he was first coming up and kept insisting to me that it would be fine to use some other ppls beats as long as we're not selling the mixtape.. they used someone elses beat for the track "Man on the Moon" and all they did was drop dude a line saying thanks! lol!

As for the label issue, my label kept telling me to use my own shit but its easy for them to say it...they don't know how much important this particular beat is that Im referring to ..looks like im just gonna drop dude a line and then just mention him in the liner notes

As for the cynical pieces of trash who were saying no ones gonna hear my stuff....you are pathetic. Your remarks are a reflection of your own failures. Stop spreading your pain. Thnx.
so your gonna use the beat even if the owner says no?
bluedreamz
Thread Starter
#21
19th February 2010
Old 19th February 2010
  #21
Gear nut
 
Joined: Dec 2009
Posts: 95

Thread Starter
bluedreamz is offline
Quote:
Originally Posted by Sirocco View Post
so your gonna use the beat even if the owner says no?
Im sure he wouldnt say no...its a filler track from some guys electronic music catalogue...if he does say no then of course I wouldnt but i cant imagine why he would? Hes only going to be getting exposure by me citing him as the producer.....
#22
19th February 2010
Old 19th February 2010
  #22
Gear interested
 
Joined: Feb 2010
Location: Dallas
Posts: 23

Pair-A-Dyce is offline
Some of ya'll think way too hard about this...

I've done about 5 mixtapes on industry beats, never heard from anyone cause no one cares, there are established artists who do mixtapes on others beats, cause they a) know these people or b) no one cares.

The only issues you should worry about is are you going to use major artists beats or small time production beats and how many units are you really going to move. If your using a major artists beat, and you're not going to make any huge dent in the scene, just building a buzz, don't worry about it, it doesn't matter. If you use a soundclick beat or a beat from a small-time producer, then you should either lease or buy the beat, cause those are the people who will harass you cause like you, they don't make much money off this stuff.

If you really are on a major label, do what you have to to build a buzz, cause the industry is suffering in this genre. If this beat is really that serious, ask the producer or artist who own the song, if they say no, then tough, find a new beat. Otherwise man, I don't know what the big deal would be unless you're really planning on trying to make profit off of this, in which case you should prolly invest more into original beats and booking shows.
bluedreamz
Thread Starter
#23
19th February 2010
Old 19th February 2010
  #23
Gear nut
 
Joined: Dec 2009
Posts: 95

Thread Starter
bluedreamz is offline
Actually let me clarify all of this

The beat i want isnt a hip hop instrumental. Its an electronic song that is ALREADY DONE AND MADE..the guy just has it sitting as part of his electronic music collection...its not like im snagging it from a potential customer of his or something.

I just happen to wanna sing/rap on it.
#24
19th February 2010
Old 19th February 2010
  #24
Gear interested
 
Joined: Feb 2010
Location: Dallas
Posts: 23

Pair-A-Dyce is offline
Quote:
Originally Posted by bluedreamz View Post
Actually let me clarify all of this

The beat i want isnt a hip hop instrumental. Its an electronic song that is ALREADY DONE AND MADE..the guy just has it sitting as part of his electronic music collection...its not like im snagging it from a potential customer of his or something.

I just happen to wanna sing/rap on it.
Are you going to sell the mixtape or will it be for free?
bluedreamz
Thread Starter
#25
19th February 2010
Old 19th February 2010
  #25
Gear nut
 
Joined: Dec 2009
Posts: 95

Thread Starter
bluedreamz is offline
Quote:
Originally Posted by Pair-A-Dyce View Post
Are you going to sell the mixtape or will it be for free?
100 percent free
#26
19th February 2010
Old 19th February 2010
  #26
Gear interested
 
Joined: Feb 2010
Location: Dallas
Posts: 23

Pair-A-Dyce is offline
Quote:
Originally Posted by bluedreamz View Post
100 percent free
Then in my opinion, it really wouldn't matter, but you can let the producer or whoever know you're doing said remix and maybe they would push your project on their end as well.
#27
19th February 2010
Old 19th February 2010
  #27
Lives for gear
 
Joined: Jan 2007
Location: U.S.A.
Posts: 2,416

chris carter is offline
If you are using music from someone who isn't huge, and you have contact info, you'd better ask.

As someone else mentioned, the smaller folks are the ones that are more likely to assert their legal rights and you WILL LOSE becuase you did in fact break the law. If you rip off Just Blaze, he's not gonna care. But if you rip off someone small, a few hundred bucks will matter to them.

So just ask. If he says, no and you use it, then regardless of the legal aspects you are just a plain ol' DICK. If he says yes and just asks for credits, then great.
#28
19th February 2010
Old 19th February 2010
  #28
Moderator
 
psycho_monkey's Avatar
 
Joined: Jun 2006
Location: Sydney via London
Posts: 22,505
My Recordings/Credits

Send a message via Skype™ to psycho_monkey
psycho_monkey is offline
Quote:
Originally Posted by bluedreamz View Post
As for the cynical pieces of trash who were saying no ones gonna hear my stuff....you are pathetic. Your remarks are a reflection of your own failures. Stop spreading your pain. Thnx.
No one actually said that. they're basing it on generalisation - MOST mixtapes don't really get heard by major labels or major artists.

If you do have a track record/major label deal, I'd do things properly. I'd also go to the owner and offer him a bit of cash in return for giving away his music - it'll sweeten the deal a whole lot more.

Your label isn't going to help you push a mixtape with uncleared material on it though - and if you don't tell them it's uncleared and they get any legal problems, you're history.
#29
19th February 2010
Old 19th February 2010
  #29
Gear maniac
 
Joined: Sep 2008
Posts: 208

mikey boy is offline
Quote:
Originally Posted by Jay Lee View Post
Oh and bluedreamz, I just read another post of yours here... quoting: "I'm signed to a major that Id rather not talk about and I have my sophomore album due 2nd quarter next year".

Dude what's wrong with you?! Your label will drop you like that, the minute you get into legal trouble because of your own stupidity. If you really are signed to a major label, your contract most likely has a stipulation that they can drop you if you behave illegally. + Why the hell are you asking things like this here? You obviously must have a lawyer if you have signed a major deal.

And on another note, how God damn cheap can you be, to be actually wanting to steal something instead of paying for it when you are on a major label and should have money to pay for things. Or do you think it's ok to use other peoples work to get free promotion or what? Man what an a-hole.

But I guess I shouldn't be surpriced on how hip hop people work.
well sed Jay lee
#30
21st February 2010
Old 21st February 2010
  #30
Gear interested
 
Joined: Feb 2010
Posts: 10

brandon10 is offline
most people i know sell mixtapes in the trunk of their car . so how they going keep up with how much u sell lol? anyways never use small time producers beats
New Reply Submit Thread to Facebook Facebook  Submit Thread to Twitter Twitter  Submit Thread to LinkedIn LinkedIn  Submit Thread to Google+ Google+ 
 
Thread Tools
Search this Thread
Search this Thread:

Advanced Search
Similar Threads
Thread
Thread Starter / Forum
Replies
soladee / Work In Progress / Advice Requested / Show & Tell / Artist Showcase / Mix-Offs
32
STARSKI / Work In Progress / Advice Requested / Show & Tell / Artist Showcase / Mix-Offs
4
brisvegas / So much gear, so little time!
8
sheltersoton / So much gear, so little time!
0

Forum Jump

SEO by vBSEO ©2011, Crawlability, Inc.