8th March 2013
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#1 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Net Producers trying to shakedown
I recently got a call from a PRODUCER, about a youtube video (that I get no youtube revenue from its 60+ thousand views) of me rapping over an instrumental of his I recorded for a promotional non profit mixtape in 2011. The producer asked me to either take down the video, or pay him a couple hundreds for the beat, but dig this... the beat is a sample beat. If he has sample clearances & copyrights for the beat I would have no problem legally paying him, but can he sue me or send a cease & desist order to me for a beat that he dosent 100% fully own? I mean can you take legal action for a beat that you dont have copyrights to? Is it possible?
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8th March 2013
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#2 | | Gear Head
Joined: Dec 2012
Posts: 41
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You should probably take it down. He may have sold the exclusive rights to someone else. That's what leasing does
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8th March 2013
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#3 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by Cy Young You should probably take it down. He may have sold the exclusive rights to someone else. That's what leasing does | He's trying to sell me the exclusive rights now. If he had already sold the exclusive rights then that would mean he couldnt sell me leasing or exclusive rights because he dosent own the beat anymore.
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8th March 2013
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#4 | | Lives for gear
Joined: Aug 2006
Posts: 5,221
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i'd take it down and recreate the beat using the same sample, put that up and ask him if he likes your new song.
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8th March 2013
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#5 | | Gear addict
Joined: Oct 2008
Posts: 417
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So did he only just find out you were using his music? How did that come about? Is this a moral issue as well as a legal one? If you took his music from somewhere and used it in any capacity without telling him you can understand why he is pissed no?
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8th March 2013
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#6 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by wreckingstuff So did he only just find out you were using his music? How did that come about? Is this a moral issue as well as a legal one? If you took his music from somewhere and used it in any capacity without telling him you can understand why he is pissed no? | I guess he did a youtube search on his name, it just sounds to me like he's just a pissed off no name producer, He put the .mp3 up for free download under sendspace after people asked for it. When I first made the song I sent the song to him & gave him Prod. credits & I didnt get a response, but now all of a sudden (2 years later) he all of a sudden wants parts #smfh Net Producers are a trip.
My question is: Can he issue a cease & desist order for a sampled beat that he didnt clear the sample to, or own copyrights too?
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8th March 2013
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#7 | | Gear addict
Joined: Oct 2008
Posts: 417
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Ahh I see, he's a cheeky ****er then! I doubt he's got sample clearance on beats he was giving away for free, Ignore him or do what BYD said.
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8th March 2013
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#8 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by wreckingstuff Ahh I see, he's a cheeky ****er then! I doubt he's got sample clearance on beats he was giving away for free, Ignore him or do what BYD said. | Ive had this beat sitting around for years. he made this beat in 2005 or 2006. smh, Im starting to think he's just hurting for money. Ill beat ...Shitty producer.
But I don think he can legally sue me or take me to court for something he dosent have copyrighted himself.
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8th March 2013
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#9 | | Lives for gear
Joined: Aug 2006
Posts: 5,221
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so now... where's the beat? i'm curious now.
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8th March 2013
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#10 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by beat you down so now... where's the beat? i'm curious now. | what do you mean?
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8th March 2013
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#11 | | Lives for gear
Joined: Aug 2010 Location: Auckland, New Zealand
Posts: 3,970
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Originally Posted by Sehv313 what do you mean? | he means, throw up the vid
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8th March 2013
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#12 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | |
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8th March 2013
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#13 | | Gear maniac
Joined: Oct 2012 Location: Germany
Posts: 169
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Originally Posted by beat you down i'd take it down and recreate the beat using the same sample, put that up and ask him if he likes your new song. | haha hilarious
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8th March 2013
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#14 | | Lives for gear
Joined: Aug 2010 Location: Auckland, New Zealand
Posts: 3,970
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Originally Posted by Sehv313 | Hmm... I see how you got those views |
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8th March 2013
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#15 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by Dayl Hmm... I see how you got those views  | Those Marketing Classes paid off lol. but It aint shyt to get views up, thats why I really aint tripping on taking the video down this producer just talkin mess
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8th March 2013
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#16 | | Lives for gear
Joined: Aug 2006
Posts: 5,221
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nice
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8th March 2013
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#17 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by beat you down nice | yeah its too bad the producer a lame
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8th March 2013
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#18 | | Gear addict
Joined: Aug 2012 Location: Deventer
Posts: 381
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Originally Posted by Sehv313 yeah its too bad the producer a lame | I agree with that.
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8th March 2013
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#19 | | Lives for gear
Joined: Apr 2009 Location: London
Posts: 514
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It's not a case of hearing the beat, whether its good, whether its sampled... .There's this little think called common decency . You could have atleast asked him if you could rap on HIS beat. For one you don't know if he copyrighted it or not, secondly even if he didn't, he still owns part of the mix, so you are breaching anyway. If he wanted to (just to make a point) he could take you to court, and win... A small amount of respect put in a pleasant email asking for permission is likely all that was required.
As for jacking his beat, just remember if you ever made it big, which is unlikely, but if you did, that will come back to haunt you.
Nobody likes beatjackers. Beatjackers are nobodies.
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8th March 2013
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#20 | | Lives for gear
Joined: Aug 2006
Posts: 5,221
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Originally Posted by wcb123 It's not a case of hearing the beat, whether its good, whether its sampled... .There's this little think called common decency . You could have atleast asked him if you could rap on HIS beat. For one you don't know if he copyrighted it or not, secondly even if he didn't, he still owns part of the mix, so you are breaching anyway. If he wanted to (just to make a point) he could take you to court, and win... A small amount of respect and a pleasant email asking for permission is likely all that was required.
As for jacking his beat, just remember if you ever made it big, which is unlikely, but if you did, that will come back to haunt you.
Nobody likes beatjackers. Beatjackers are nobodies.
Sent from my HTC Desire using Tapatalk | i wouldn't call timbaland a nobody |
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8th March 2013
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#21 | | Lives for gear
Joined: Aug 2010 Location: Auckland, New Zealand
Posts: 3,970
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Originally Posted by raffael77 I agree with that. | |
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8th March 2013
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#22 | | Lives for gear
Joined: Apr 2009 Location: London
Posts: 514
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Originally Posted by beat you down i wouldn't call timbaland a nobody  | Unless your definition of a Nobody includes frauds.
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8th March 2013
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#23 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by wcb123 It's not a case of hearing the beat, whether its good, whether its sampled... .There's this little think called common decency . You could have atleast asked him if you could rap on HIS beat. For one you don't know if he copyrighted it or not, secondly even if he didn't, he still owns part of the mix, so you are breaching anyway. If he wanted to (just to make a point) he could take you to court, and win... A small amount of respect put in a pleasant email asking for permission is likely all that was required. | First off who do you think I got the .mp3 from? This is not a soundclick guy selling beats, this a dude who posted a beat through sendspace for people who wanted it to use it. i tried to contact for at least a whole 2 years before he called me outta the blue demanding money like some broke azz failed beat maker.
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8th March 2013
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#24 | | Moderator
Joined: Jun 2006 Location: Sydney via London
Posts: 18,886
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Originally Posted by Sehv313 (that I get no youtube revenue from its 60+ thousand views) | just FYI this is irrelevant. Copyright issues aside, even if you make no money from something, it doesn't make it any less legal - it just means you're less likely to get sued.
I'd take the beat down to be honest - it may not be 100% his property, but it sure as hell isn't yours, unless you've got a creative commons license entitling you to use it - making it available on a download link doesn't count (lots of tracks are available via soundcloud that are still copywritten). The bloke asked nicely (ish) and offered you the option to use it from him (although the issue of the sample is there of course).
Or - just remake it, if you don't think it's worth what he wants for it. how hard can it be if it's sample-based?
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8th March 2013
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#25 | | Gear addict
Joined: Feb 2010 Location: Montreal, Canada
Posts: 365
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I wouldnt do shit
sue me
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8th March 2013
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#26 | | Lives for gear
Joined: Aug 2006
Posts: 5,221
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Originally Posted by wcb123 Unless your definition of a Nobody includes frauds. | might as well stop listening to hip hop then.
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8th March 2013
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#27 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by psycho_monkey Or - just remake it, if you don't think it's worth what he wants for it. how hard can it be if it's sample-based? |
The beat is acutally an easy remake but I recorded it so long ago, I dont even feel like re-recording it, that was one of the first songs I recorded, 6 projects ago, im on to bigger & better things now
I have no problem buying the beat, just dont try to sell me a sampled beat that you havent cleared or copyrighted yet.
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8th March 2013
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#28 | | Lives for gear
Joined: May 2009 Location: oakland ca
Posts: 1,483
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if some internet mc jacked one of my beats i'd be irritated too. you're obviously in the wrong but the question is, who cares?
__________________  punks jump up
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8th March 2013
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#29 | | Gear interested
Joined: Oct 2011
Posts: 29
Thread Starter | Quote:
Originally Posted by ncoak if some internet mc jacked one of my beats i'd be irritated too. you're obviously in the wrong but the question is, who cares? | I'm not in the wrong, Digg this: YOU posted a beat when I ask YOU to, I recorded & shot a promo video over YOUR beat that YOU never copyrighted. I gave YOU producer credits & now YOU want me to pay YOU & YOUR manager for a promo song Im not making any money from? How about this... I draw up a contract, YOU go get the sample cleared (becaue its illegal to sell a beat you have full copyrights to), YOU get a copyright saying that YOU now own this beat, send me the FLP file and im happy.
*and If he dos'nt want to get the sample cleared then I will state in the contract that the Producer will accquire all legal issues against the artist from record labels, copyright infringement companies, & publishers. Think he'll sign it?
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8th March 2013
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#30 | | Lives for gear
Joined: May 2009 Location: oakland ca
Posts: 1,483
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just on general principle, you're in the wrong for using someone else's work without their permission. this guy is a fool for suddenly asking for money if it went down how you say it did, and he probably has no legal standing, but i'm not sure why you would want to conduct yourself and your business like that. it's his production, and using his work without his express permission (regardless of copright issues) is basically just ripping him off.
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