How Copyrights work in this case? - Skrillex Cinema & Santigold Disparate Youth - Mike Tompkins

Discussion in 'Electronic' started by GabsIT, May 9, 2021.

  1. GabsIT

    GabsIT Producer

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    I was listening this song and I really like it much more than the originals, besides the a capella production that was very interesting years ago.

    What happens on those scenarios? when you take samples or melodies of many artist and then your mix/production turns popular.

    Can you have rights of your own work?, how about the others right specially if it was made as hobbie not intended as a profiting song.
     
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  3. DKB

    DKB Producer

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    You should acquire copyright clearance in writing from the original producer . This sometimes involve a royalties payment or a percentage of the sales .

    if you doing it as a hobby and not intending to release the track but only as a share the only thing you’d have to worry about is the track being pulled for copyright infringement , which can then open up a whole can of worms . If you’re intent on using someone else’s music to create a track , it’s best to do it and submit to the original artist for permission to remix the track or to use elements of the original .
     
    Last edited: May 9, 2021
  4. recycle

    recycle Guest

    When using samples of already published material it is mandatory to make a clearance by contacting the author or the record company to find an agreement, avoiding this procedure means risk legal complications (especially if your song becomes a hit).
    There is no need for clearance instead when making covers: in this case (like this skrillex video) citing the title and original authors is enough
     
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  5. GabsIT

    GabsIT Producer

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    Thanks, I was reading about the covers law, so I guess for more popular songs or songs already published in youtube will be ok, but with some picky musicians probably their records will try to shutdown any cover.

    I remember reading of Robert Fripp (King Crimson) and Pat Metheny how complex they are about their records but I found many covers on youtube, still this seems a weird cover as it;s a mix of two songs.

    What I do is to pick up phrases, first sampling it and then altering it as I wish, playing over it, then I had the idea of add other parts from a very wide spectrum of musicians, not related to a particular style or period in time, So I was wondering what could happen with mixing samples from classic rock, EDM and some Kpop voices, probably that could be something impossible until the samples are no recognizable as what Daft Punk did in one of his albums, anyway I am still playing and learning with Daws and VSTs just as a hobbie.
     
  6. The Pirate

    The Pirate Audiosexual

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    If you take it, you must compensate. However, if it turns popular be ready to pay much more than you would have paid have you done it the correct way prior to releasing the track.

    This is a question without too much information. First, let us assume that you write a new song the incorporates someone else's samples. In this case, you are the copyright owner of the new musical work and should have acquired a license to use/incorporate someone else's samples. The copyright holder of the samples (a sound recording) you used in your musical composition does not become the copyright owner of your musical work.

    If you incorporate someone else's melody into a completely new composition, your musical work becomes a derivative work. However, there must be major or substantial new material for a work to be considered copyrightable as a derivative work. In other words, your new work must be sufficiently original and creative to be copyrightable by itself. In this case, copyright protection gets complicated. For starters, copyright in a derivative work covers only the additions, changes, or other new material appearing for the first time in the work.
    Protection does not extend to the previously published or previously registered works. This means that the copyright owner of the original work also owns the rights to derivative works. If the copyright holder gives you a license to create a derivative work, the holder retains the copyright to the original work. Simply put, only the derivative rights are being licensed. I should emphasize that contrary to what the majority thinks, only the owner of copyright in a work has the right to create, an adaptation of that work. Therefore, in any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such material has been used unlawfully.

    There is an exception called personal use. It cannot be played or performed in public or broadcast. It cannot be sold, traded, given away, or be made available on the internet.

    Read all of the above. If you take it, you must compensate.
     
  7. FrankPig

    FrankPig Rock Star

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