Just getting something clear

MACHINE · 21st June 2006, 08:57 PM

If you sample a track like sample it to the point where any idiot who heard the original can tell it was sampled but put it on a mixtape its pretty much legal right cause mixtapes are for promotional use only.

Jenre · 22nd June 2006, 04:40 PM

WRONG

Polyphony · 22nd June 2006, 04:43 PM

DEAD WRONG>>>>MIXTAPES ARE ILLEGAL!!!!!!!!!!!!!!!!

Unless it's your original material!

Disco D · 22nd June 2006, 07:38 PM

something is only illegal if someone takes you to court for it and wins

Mudnoc · 22nd June 2006, 09:01 PM

Uh....actually, copyright infringement is illegal in every sense.... I've never really understood the confusion on this subject... It's very cut and dry... If you lift somebody elses work without permission it is illegal.... Whether releasing it on CD, mixtape, using it for background music in a film, etc... The only thing that changes is what scale you are using it on... In most cases, if you are using it on a small level (little to no monetary gain) nobody is going to waste their time suing you if they're not going to get much out of it... However, you have some copyright owners that simply don't want you using their material at all.... They might despise hip-hop and the mere fact you are using their work in a "rap" song might offend them.... just depends... Regardless, taking somebody elses work without permission is ILLEGAL no matter what you are doing with it.... Copyright Law 101

con?one · 23rd June 2006, 12:37 PM

Quote:

Originally Posted by Disco D

something is only illegal if someone takes you to court for it and wins

ZAAACKLY!!

Jazzy Alz · 23rd June 2006, 12:39 PM

mmmmmmmmmmm not legal

AmR2m · 24th June 2006, 08:40 AM

So, basically, if u use a sample in a demo and send that demo 2 a recording company, u might end up getting sued? I mean, it's unlikely, but it might happen?

djui5 · 24th June 2006, 10:12 AM

Quote:

Originally Posted by AmR2m

So, basically, if u use a sample in a demo and send that demo 2 a recording company, u might end up getting sued? I mean, it's unlikely, but it might happen?

Especially if said record company owns the original song you sampled

Like D said, "It ain't a crime if you don't get caught"

AmR2m · 24th June 2006, 03:15 PM

that just sucks... I thought there was some kind of limit, like below X seconds u could sample anything U wanted.

So, just a curiosity: when I read the booklets I don't find that many info about the samples. Even when it's evident they used one. How do u explain that? I mean, do they have 2 contact the label that owns the record containing the sample? And if so, why don't they write it in the booklet?

djui5 · 24th June 2006, 04:28 PM

Quote:

Originally Posted by AmR2m

that just sucks... I thought there was some kind of limit, like below X seconds u could sample anything U wanted.

So, just a curiosity: when I read the booklets I don't find that many info about the samples. Even when it's evident they used one. How do u explain that? I mean, do they have 2 contact the label that owns the record containing the sample? And if so, why don't they write it in the booklet?

Most artists have a person on their team that is dedicated to sample clearance. They go in the studio, cut the album using whatever samples they want, then the sample clearance person handles all the clearance issues.

Yes, you have to contact the label/publishing company who owns the rights to the music to get clearance. Sometimes they want a lot of $$, sometimes they don't.

It's better to get clearance than to get sued, especially if your not that big of an artist. It's hard enough to make it in this business...

AmR2m · 24th June 2006, 05:03 PM

so, let's see if I've learnt the lesson: by posting my mp3s -that contain uncleared samples- on this forum I might get sued? I mean, if the labels who own the records from which I sampled those sounds happened 2 listened 2 my stuff and wanted 2 give me a hard time, they would be able 2 do that?

Is it like this? I mean, I'm not paranoid, just want 2 know if that might happen.

tommymakestapes · 24th June 2006, 05:32 PM

I wonder how one could afford to put out a record like Madlib's Movie Scenes or J Dilla's Donuts. Over thirty tracks per record of samples. Can you pay like a mechanical fee or something instead? For instnace.... ok for this kick drum im gonna pay 3 cents per cd that is pressed?

I can't imagine being able to afford to put out the tracks I've been making lately... it's been discouraging.

upscaps · 24th June 2006, 05:53 PM

90% of the songs that cant get sample clearance find their way onto clue, kay slay, big mike, drama, warrior, and other mixtapes. mixtapes r illegal but it's a big market that still operates above ground on the net at mixunit, ebay, amazon, and a hundred other websites and at thousands of record, clothing, game, etc. stores around the country. international is buzzin too.

It's a catch 22 because the labels contact the mixtape djs to promote their records but mixtapes dont have the protection of those same labels. Been in that game for about 6 years.

They bust stores, but them stores usually sell bottleg dvds and bootleg albums as well. Canal st have them bootleg purses and bags to go with everything else bootleg. The day the bust a DJ for doin mixtapes is the day the industry gonna stand on it's ear. mp3, email, 2way correspondence from labels to put song on mixtape. packages mailed from labels to mixtape djs, etc.

The_Phoenix · 24th June 2006, 06:02 PM

If you make money off the sample, it's illegal! If your using the track for promotional status without selling it, I would believe that should be okay.

If you sample a drum kick or snare, why get them cleared? I would understand a loop, but not a drum sound. I wouldn't clear it! Try to use live musicans or learn how to play the bass and keys. Sample yourself, use royalty free discs. No matter what your gonna pay!

djui5 · 24th June 2006, 06:26 PM

Quote:

Originally Posted by AmR2m

so, let's see if I've learnt the lesson: by posting my mp3s -that contain uncleared samples- on this forum I might get sued? I mean, if the labels who own the records from which I sampled those sounds happened 2 listened 2 my stuff and wanted 2 give me a hard time, they would be able 2 do that?

Is it like this? I mean, I'm not paranoid, just want 2 know if that might happen.

Yep.

Just don't do it, or get permission to do it. It's really not that hard to get sample clearance. Explain your situation.

Quote:

If your using the track for promotional status without selling it, I would believe that should be okay.

That can get tricky though. If a lawyer can prove that you benefited at all from the sample, then your in trouble. Like if you get a record deal from the sample, or a publishing deal, or someone likes your work and hires you for something, then you've benefited from an illegal sample.

AmR2m · 24th June 2006, 07:54 PM

****in' juridification. The law is reaching everywhere except from where it's needed. Can't bear it. And I'm a law student.

danasti · 25th June 2006, 08:38 PM

Quote:

Originally Posted by MACHINE

If you sample a track like sample it to the point where any idiot who heard the original can tell it was sampled but put it on a mixtape its pretty much legal right cause mixtapes are for promotional use only.

It costs an awful lot of TIME & ENERGEY & MONEY to sue someone. Sometimes the best thing that can happen the producer is to get sued.

The exposure usually works in perking up the interest in the mixtape and their career.

At the very end: the tape gets pulled (usually years after release) and/or complaining artist would get % of money of however much the mixtape sold for (NOT MUCH!) based on how many/ what price.

Complainers usually don't bother on mixtapes...

It's totally different on an original record release or remix.

dementedchord · 25th June 2006, 09:13 PM

hey vanna these guys need a vowel.... instead of worrying about clearing your samples why dont you write an original piece of music.....

Lawrence · 25th June 2006, 10:18 PM

Quote:

Originally Posted by Disco D
something is only illegal if someone takes you to court for it and wins

ZAAACKLY!!

I suppose murder aint illegal till you get "sued" (prosecuted or caught or convicted).... ? ?

Lawrence

PhonoquO · 26th June 2006, 09:40 AM

It won't be too many more years before music is completely free and you'll be able to sample, flip, blend mix anything you want and call it your own.

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21st June 2006, 08:57 PM	#1
MACHINE Gear addict Join Date: Nov 2005 Posts: 324	Just getting something clear If you sample a track like sample it to the point where any idiot who heard the original can tell it was sampled but put it on a mixtape its pretty much legal right cause mixtapes are for promotional use only.

22nd June 2006, 07:38 PM	#4
Disco D Gear addict Join Date: Apr 2004 Location: NYC / Sao Paulo Posts: 395	something is only illegal if someone takes you to court for it and wins __________________ http://www.myspace.com/gringolouco

24th June 2006, 08:40 AM	#8
AmR2m Gear Head Join Date: Jun 2006 Location: Italy Posts: 50	So, basically, if u use a sample in a demo and send that demo 2 a recording company, u might end up getting sued? I mean, it's unlikely, but it might happen? __________________ Adam Smith should have died younger. In the cradle.

24th June 2006, 03:15 PM	#10
AmR2m Gear Head Join Date: Jun 2006 Location: Italy Posts: 50	that just sucks... I thought there was some kind of limit, like below X seconds u could sample anything U wanted. So, just a curiosity: when I read the booklets I don't find that many info about the samples. Even when it's evident they used one. How do u explain that? I mean, do they have 2 contact the label that owns the record containing the sample? And if so, why don't they write it in the booklet? __________________ Adam Smith should have died younger. In the cradle.

22nd June 2006, 04:40 PM	#2
Jenre Gear maniac Join Date: Sep 2005 Location: Bristol, UK Posts: 221	WRONG

22nd June 2006, 04:43 PM	#3
Polyphony Gear maniac Join Date: Mar 2006 Posts: 262	DEAD WRONG>>>>MIXTAPES ARE ILLEGAL!!!!!!!!!!!!!!!! Unless it's your original material!

22nd June 2006, 09:01 PM	#5
Mudnoc Gear maniac Join Date: Nov 2005 Location: Atlanta Posts: 255	Uh....actually, copyright infringement is illegal in every sense.... I've never really understood the confusion on this subject... It's very cut and dry... If you lift somebody elses work without permission it is illegal.... Whether releasing it on CD, mixtape, using it for background music in a film, etc... The only thing that changes is what scale you are using it on... In most cases, if you are using it on a small level (little to no monetary gain) nobody is going to waste their time suing you if they're not going to get much out of it... However, you have some copyright owners that simply don't want you using their material at all.... They might despise hip-hop and the mere fact you are using their work in a "rap" song might offend them.... just depends... Regardless, taking somebody elses work without permission is ILLEGAL no matter what you are doing with it.... Copyright Law 101

23rd June 2006, 12:39 PM	#7
Jazzy Alz Gear addict Join Date: Apr 2006 Location: Australia aka heaven Posts: 459	mmmmmmmmmmm not legal

24th June 2006, 05:03 PM	#12
AmR2m Gear Head Join Date: Jun 2006 Location: Italy Posts: 50	so, let's see if I've learnt the lesson: by posting my mp3s -that contain uncleared samples- on this forum I might get sued? I mean, if the labels who own the records from which I sampled those sounds happened 2 listened 2 my stuff and wanted 2 give me a hard time, they would be able 2 do that? Is it like this? I mean, I'm not paranoid, just want 2 know if that might happen. __________________ Adam Smith should have died younger. In the cradle.

24th June 2006, 05:32 PM	#13
tommymakestapes Gear addict Join Date: Mar 2005 Location: Portland Or Posts: 399	I wonder how one could afford to put out a record like Madlib's Movie Scenes or J Dilla's Donuts. Over thirty tracks per record of samples. Can you pay like a mechanical fee or something instead? For instnace.... ok for this kick drum im gonna pay 3 cents per cd that is pressed? I can't imagine being able to afford to put out the tracks I've been making lately... it's been discouraging. __________________ "I do not believe the geeks will inherit the earth. I believe we already have." -R. Emerson

24th June 2006, 05:53 PM	#14
upscaps Gear maniac Join Date: Apr 2006 Posts: 277	90% of the songs that cant get sample clearance find their way onto clue, kay slay, big mike, drama, warrior, and other mixtapes. mixtapes r illegal but it's a big market that still operates above ground on the net at mixunit, ebay, amazon, and a hundred other websites and at thousands of record, clothing, game, etc. stores around the country. international is buzzin too. It's a catch 22 because the labels contact the mixtape djs to promote their records but mixtapes dont have the protection of those same labels. Been in that game for about 6 years. They bust stores, but them stores usually sell bottleg dvds and bootleg albums as well. Canal st have them bootleg purses and bags to go with everything else bootleg. The day the bust a DJ for doin mixtapes is the day the industry gonna stand on it's ear. mp3, email, 2way correspondence from labels to put song on mixtape. packages mailed from labels to mixtape djs, etc.

24th June 2006, 06:02 PM	#15
The_Phoenix Lives for gear Join Date: Nov 2005 Posts: 531	If you make money off the sample, it's illegal! If your using the track for promotional status without selling it, I would believe that should be okay. If you sample a drum kick or snare, why get them cleared? I would understand a loop, but not a drum sound. I wouldn't clear it! Try to use live musicans or learn how to play the bass and keys. Sample yourself, use royalty free discs. No matter what your gonna pay! __________________ Resurrection! The Rose That Grew From Concrete by Tupac Shakur Did you hear about the rose that grew from a crack in the concrete? Proving nature's law is wrong it learned to walk with out having feet. Funny it seems, but by keeping it's dreams, it learned to breathe fresh air. Long live the rose that grew from concrete when no one else ever cared.

24th June 2006, 07:54 PM	#17
AmR2m Gear Head Join Date: Jun 2006 Location: Italy Posts: 50	****in' juridification. The law is reaching everywhere except from where it's needed. Can't bear it. And I'm a law student. __________________ Adam Smith should have died younger. In the cradle.

25th June 2006, 09:13 PM	#19
dementedchord Lives for gear Join Date: Apr 2006 Posts: 798	$ .02 hey vanna these guys need a vowel.... instead of worrying about clearing your samples why dont you write an original piece of music.....

26th June 2006, 09:40 AM	#21
PhonoquO Lives for gear Join Date: Nov 2005 Location: North of Toronto Posts: 821	It won't be too many more years before music is completely free and you'll be able to sample, flip, blend mix anything you want and call it your own.

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