How many seconds of a song can I sample without a license

Discussion in 'Industry News' started by Luka, May 10, 2018.

  1. MMJ2017

    MMJ2017 Audiosexual

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    make your own original music for the purpose of re-sampling at a later date.
     
  2. Luka

    Luka Ultrasonic

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    With all respect, I think it is stupid to do any or all that you said and think you will get away with it.
     
  3. robotboy

    robotboy Ultrasonic

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    It can't be greater than 1% of the song. So if the song you're sampling from is 180 seconds long (3:00), then you can't use more than 1.8 seconds. At least that's what my buddy's uncle's father in law said, and he's had a semester of law school.
     
  4. shankar

    shankar Ultrasonic

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    I agree with you.
    I never use samples :bow:

    i just explain how to do it if he wants to use it.
     
  5. fraifikmushi

    fraifikmushi Audiosexual

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    sure it was not 1% of a semester?
     
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  6. robotboy

    robotboy Ultrasonic

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    Probably. But it was definitely an ACCREDITED correspondence law school. :hillbilly:
     
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  7. TonyG

    TonyG Audiosexual

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    Just when I thought I had heard it all...Are you sure that your buddy's uncle's father in law was not referring to having a seamster?:rofl:
     
    Last edited: May 16, 2018 at 3:47 AM
  8. vaiman

    vaiman Kapellmeister

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    One was a one shot voice sample and the other a guitar riff sample. Was the label that filed it. Funny part was... mine wasn't even monetized and this artist was?! So I have no idea what they thought they would get out of it.
     
  9. sevente

    sevente Member

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    IANAL but I think what the others have said saying "none" is pretty spot on. You're on shaky ground even if you make your own "version" if it's too close.
    Don't forget The Verve "sampling" the Rolling Stones on Bitter Sweet Symphony - while they had permission to use part of the song Last Time, and an orchestral cover version at that, they were sued for using more and lost not only the case and had to pay out, they also had to split the songwriting credits with Richards/Jagger.
    Another example similar to this would be Land Down Under by Men At Work.
    Tread carefully my friend.
     
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  10. evolasme

    evolasme Noisemaker

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    it varies from country to country in Germany its 8 seconds
     
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  11. SquareDjay

    SquareDjay Producer

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    Funny,I watched this video by accident 4 years ago!

    I have probably been targetted by gogle/YT ads algorithms,since I come on audiosex...

    (Sorry to troll).
     
  12. TonyG

    TonyG Audiosexual

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    I believe the OP is in the USA, however, it would be helpful if you can point us to the legal authority that supports your claim. Thank you.
     
  13. evolasme

    evolasme Noisemaker

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    Ill have to dig it up for you when I have. time but I work in TV here and popular songs are used all the time in shows but if its less then 8 seconds they dont have to pay GEMA fees. GEMA is. the recording industry watchdog that collect a fee for artist when its used in tv radio etc
     
  14. TonyG

    TonyG Audiosexual

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    Thanks, I will appreciate that very much. I, nevertheless, did some research on this issue. It seems like in Germany the use of sampling without permission is permissible as a means of artistic expression and artistic design under Article 5, Paragraph 3 of the German Constitution. If there is a conflict between artistic freedom on the one hand and an infringement of copyright or neighboring rights on the other – an infringement which only slightly impairs the exploitation of those rights – the rightholder’s interest in exploiting those rights may have to give way to artistic freedom. It is similar to our "Fair Use Doctrine" but much more liberal in its interpretation. With that said, this exception is not a "free for all". Indeed, the German courts currently are trying to clarify this issue.

    http://www.osborneclarke.com/insigh...on-music-sampling-and-copyright-infringement/
    https://rehkatsch.de/en/admissibility-of-samples-in-germany/
     
    Last edited: May 16, 2018 at 8:31 PM
  15. LuckySevens

    LuckySevens Producer

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    Von_Steyr: "4 or 5 seconds, that is the limit proposed by vanilla ice, just say its not the same and youll be aight." (BTW: Quote button not working for me)

    You may be attempting to be humorous but... if you're not, you are SO wrong it's not the least bit funny... and if you WERE serious you exposed your ignorance and may have influenced others with your misinformation.

    Vanilla Ice is as ignorant as they come and if he's your alibi, you're in a world of legal hurt!
     
  16. TonyG

    TonyG Audiosexual

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    @LuckySevens I'm surprised that after 6 years as a member of this Forum you took the comment of @Von_Steyr here as a "serious" one. It was classic @Von_Steyr. Anyone familiar with Vanilla Ice knows that @Von_Steyr was being sarcastic. Had anyone else made a similar comment, I would had written a similar response to the one you posted. Even though this is not my thread, I have been following it closely in order to keep misinformation away from it. This is a topic that invites a lot of it. I think you should edit your post. If you do, just keep the part where you said that "Vanilla Ice is as ignorant as they come." Robert Matthew Van Winkle, certainly is that.
     
  17. EddieXx

    EddieXx Producer

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    what is going to happen depends on the corelation between how big of impact the song has commercially, views etc, how obvious/well known/extensive your sample is and who's sample it is.

    then, if you get caught, you will be either be paying all your royalties to the author/record company or, come to a better deal if its a hit, but im talking mayor hit.

    if you released it commercially and it went no-where, you'll just get threatened/sued and pay a one time amount as a slap on your fingers.

    also, when you sign the contract for release you have to assure no unauthorised samples were used, or they will have to be cleared. if you lie to your partner then you will ruin your relationship with the label that released your record. that is no good strategy

    if the sample is just a drum hit or something similar..maybe. if its more than that, its not worth it. unless you clear it.

    so, if its just a "shitty" track, whats the freaking point?

    but, if you feel you gotta hit on your hands, then negotiate and/or re-record it.


    .
     
    Last edited: May 17, 2018 at 8:09 PM
  18. Mykal

    Mykal AudioP2P

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    These threads really bring me back. Long story short... A long time ago I was laying down some backing beats for a group called "Rabbit in the Moon" and we did a track called "Out of Body Experience" that had an artist vocals sampled through out it all, needless to say it put them on the map but not with out any hardships....The record company sued and whilst in litigation the record had to be regulated to a white label ,that's code for illegal vinyl for you younger members look it up!! ,needless to say the original Artist stepped up and approved the track ,she loved it, however...that did not stop the record company as they owned the rights to it. Long story short Rabbit won and that opened up a whole different world for that artist ,if you look it up, so many have sampled her since then,the list is amazing but none of that would have happened without a small group of guys from Florida that did not fucking care. Of course the laws have changed a lot since then.Needless to say ,pay very much attention to what TonyG has to say as he is on point.1st thing is to contact the artist and share your appreciation and simply explain why you included them in your work.if what you have done impresses then the original artist will try make it happen if they can.Its not always up to them BUT if you do it right the first time ,.FFS I am still getting annually residual checks for an old ass dance\trance track, here is the track that I am on about. bottom line..fuck how long you can sample ,just do it right, Some here say that it's O.k. as long as you do not have many followers or shares. Legally that is correct BUt if what you have done gets a lot of likes and followers that can potentially be a game changer



    Edit: everything i just posted is an personal experience and may not apply to you and your tracks. good luck, shit has not been the same since PM Dawn sampled Spandau Ballet WAY before vanilla Ice that ya'll reference to was even a thing
     
    Last edited: May 17, 2018 at 8:03 PM
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  19. TonyG

    TonyG Audiosexual

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    Rabbit in the Moon, the best electronic music group to come out of the west coast of Florida in the early 90's. Whatever happened to DJ Monk?
     
  20. Luka

    Luka Ultrasonic

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    @TonyG can they refuse to extend a license for sampling? How about in a replay situation?
     
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