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Is it legal to sample a talk show?
Old 14th July 2005
  #1
Gear Maniac
 

Is it legal to sample a talk show?

I wonder if it is legal to sample a tv or radio talk show?
I have lots of records in my collection that feature this kind of samples or loops.
How do they do it? Ask permission from the stations? Just do it and hope noone notices?

Thanks!
Old 15th July 2005
  #2
Gear Nut
 

I'm sure it's not. That's why they have the copyright info. in the credit roll at the end. It's small print and it goes by quick but says it all.

Audy O
Old 15th July 2005
  #3
Gear Maniac
 

So what did Brian Eno do when he published "my life in the bush of ghosts"?
Old 15th July 2005
  #4
Gear Addict
 
Jens's Avatar
 

Quote:
Originally Posted by rodhmos
Just do it and hope noone notices?
Never ever ever.

Side note:

The rumour has it that "Turn Around" performed by Phats & Small; had to pay a lot of money for the use of "Reach Up" performed by Tony Lee. From what I Understand the master recording is owned by a Canadian company who were smart and waited til the track reached no.1 in the UK Charts. Ring ring, hello hello, - I Think you used one of our master recordings! To make things even worse they used the instrumental from "The glow of love" by Change and the late Luther Wandross.

Unfortuneatly that was not the only problem. All affected publishing companies except P&S´s were probably quite happy too.

/Jens
Old 15th July 2005
  #5
Gear Nut
 

Quote:
Originally Posted by rodhmos
So what did Brian Eno do when he published "my life in the bush of ghosts"?
Probably got clearance (be sure to get it in writing!). Some shows will let you sample because it gives them some publicity/promotion but you have to ask or you could face a VERY big fine. If I remember correctly, it can be in the tens of thousands of dollars.

Same thing in NFL broadcasts which is why you can't use clips from their games without written permission.

Audy O
Old 15th July 2005
  #6
Gear Maniac
 

I understand what you mean. But I am not talking about sampling from records.

Here's what happened: a client in a recording session tuned a AM radio to some crazy middle east radio station and feeded it through pedals etc. The result is going to be part of the band's record release. Do they have to pay this radio station royalties?
Old 15th July 2005
  #7
Gear Nut
 

Quote:
Originally Posted by rodhmos
I understand what you mean. But I am not talking about sampling from records.

Here's what happened: a client in a recording session tuned a AM radio to some crazy middle east radio station and feeded it through pedals etc. The result is going to be part of the band's record release. Do they have to pay this radio station royalties?

I'm not talking about recordings. Broadcasts are protected too. Just ask any attorney specializing in musc/publishing/broadcast.

If the broadcast is from a foreign country, it may not be enforced but I'm pretty sure the Intl. Copyright Convention still applies. If not, what's to stop someone from recording Howard Stern's radio show and rebroadcasting?

The law is very clear...

Audy O
Old 15th July 2005
  #8
Gear Maniac
 

You are right. Thank you for making this clear to me.
Old 15th July 2005
  #9
Motown legend
 
Bob Olhsson's Avatar
 

Spoken word is locked down way tighter than music.
Old 15th July 2005
  #10
There is only one
 
alphajerk's Avatar
 

i used to swipe spoken word **** all the time.... although it was for my own pleasure and never released.

funny how you can cite a passage in a book and annotate it and use it freely but not music or spoken word.... all of which are simply ideas.
Old 15th July 2005
  #11
Gear Maniac
 
aevan's Avatar
 

If you read the fine print on a lot of the sample cds they say it is for personal use and not for 'competitive' or 'commercial' use.
Some people don't always wait for the money - Someone (I can't remember who) used an ELO sample in a track and tried to license the sample from Jeff Lynne. And he said no way go get &%^$#.
The thing about annotating in books is it gives credit "in situ" so maybe if you sang "Just like JK Rolling said in Harry potter" and then quoted a line from the book you might get away with it? I'll have to ask my copyright lawyer about that one. And no I haven't read Harry Potter, although I saw the film of Beatrix Potter as a kid and thought it was pretty damn weird.
Old 15th July 2005
  #12
There is only one
 
alphajerk's Avatar
 

i have heard a lot of lyrics come out of writings
Old 15th July 2005
  #13
Lives for gear
 
Curtis Franklin's Avatar
 

im sure you already know that there are two copyrights alpha. there is one that coverse the"intellectual property" ie the content or the idea. the second copyright covers the actual "mechanical" reproduction.

there is no difference in reading out of a book and covering a song.
there is no difference in copying a broadcast and samping a song.

most good books are in the public domain so that shouldnt be a problem.


as for the og poster: how recognizable is the brodcast. i have dont many recordings where i sampled things from records andsuch, but processed them so much they turned into music (as opposed to processing them so much they turn into the backstreet boys)

anyway, just try to get permission
Old 16th July 2005
  #14
Gear Maniac
 

Well, to be honest, I don't think that the radio speaker would recognize himself if he listened to the final result. Too many crazy effects pedals! heh

I told the band to talk about the matter to their label.
Old 16th July 2005
  #15
You can find material that's safely in the public domain at Internet Archive, (archive.org) -- in audio and/or video format. Do check any IP rights reservations on non-p.d. stuff you find there (a lot of people release limited-free-use stuff at Internet Archive, too, using Creative Commons or other copyright alternatives to delineate the rights they're granting as well as those they're withholding. (They have a sister site called OurMedia.org that you'll want to take a look at, too.)


You can probably fly under the radar on news soundbites if you only grab bites that are publicly available.

That is, while you're not technically permitted to lift audio out of a copyrighted newscast without permission, if you, say, grab the president or other national figures at a publicly available speech or a press conference, no one will probably a) notice or b) care.

OTOH, if you try appropriating the president in a one on one exclusive interview, it will be obvious where it came from and, of course, the IP owners have cause for action if they do stumble on it.

_______________________

PS... to take your question literally -- the answer is yes. You have the right to sample (record) incoming information (under the general auspices of the "VCR Doctrine") -- but only for personal use. (And you never have the right to defeat digital rights management software without autho.) But as soon as your new mix/remix/whatever leaves your house or car, you're an outlaw, baby.
Old 16th July 2005
  #16
Lives for gear
 

More thievery?

Sampling, stealing verbatim, it's all so last century, isn't it?
Old 16th July 2005
  #17
Gear Addict
 

There is a fair use exception for News soundbytes- broadcasting news is part of the public service requirements of the fcc charter, and fair use is pretty broad when it comes to news as opposed to entertainment. Same is true of political speech by public figures. IANAL, however...
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