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Net Producers trying to shakedown
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Sehv313
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8th March 2013
Old 8th March 2013
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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
Old 8th March 2013
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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
Old 8th March 2013
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Originally Posted by Cy Young View Post
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
Old 8th March 2013
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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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wreckingstuff
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8th March 2013
Old 8th March 2013
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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?
Sehv313
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8th March 2013
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Originally Posted by wreckingstuff View Post
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?
wreckingstuff
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8th March 2013
Old 8th March 2013
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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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Originally Posted by wreckingstuff View Post
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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beat you down is offline
so now... where's the beat? i'm curious now.
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Sehv313
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8th March 2013
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Originally Posted by beat you down View Post
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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Originally Posted by Sehv313 View Post
what do you mean?
he means, throw up the vid
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8th March 2013
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8th March 2013
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Quote:
Originally Posted by beat you down View Post
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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Sehv313
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8th March 2013
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Originally Posted by Dayl View Post
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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nice
Sehv313
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8th March 2013
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Originally Posted by beat you down View Post
nice
yeah its too bad the producer a lame
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8th March 2013
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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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Originally Posted by wcb123 View Post
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.

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i wouldn't call timbaland a nobody
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8th March 2013
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I agree with that.
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8th March 2013
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Originally Posted by beat you down View Post
i wouldn't call timbaland a nobody
Unless your definition of a Nobody includes frauds.
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Sehv313
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8th March 2013
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Quote:
Originally Posted by wcb123 View Post
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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#23
8th March 2013
Old 8th March 2013
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Quote:
Originally Posted by Sehv313 View Post
(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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I wouldnt do shit
sue me
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8th March 2013
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Originally Posted by wcb123 View Post
Unless your definition of a Nobody includes frauds.
might as well stop listening to hip hop then.
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Sehv313
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8th March 2013
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Originally Posted by psycho_monkey View Post
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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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?
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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?
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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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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8th March 2013
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Quote:
Originally Posted by Sehv313 View Post
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...
You keep saying how wrong/illegal it is for him to use the sample without permission, yet YOU'RE using the sample AND the producer's part of the beat without permission. Doesn't matter if you're selling it or not. It's still just as illegal.

Quote:
Originally Posted by Sehv313 View Post
...*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?
FYI, this doesn't protect you from an infringement lawsuit from a copyright holder (of the sample). A copyright holder can go after ANY PARTY that distributes the recording, regardless of any contract between the parties involved. The only thing your contract with the producer could do is possibly allow you to sue HIM for any lawsuit damages you may have incurred.

This of course is all from a legal standpoint. But I agree with ncoak ... nobody cares.
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