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

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

  1. TonyG

    TonyG Guest

    Thanks for your kind words. Neither you nor anyone else bothers me with your questions. To help others and to receive help is what this Forum is all about.
     
  2. Mykal

    Mykal AudioP2P

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    tried to reply ,but no go with your current account settings. .....Chris n Dave had a falling out. NUFF said!! GIYF
     
  3. Mykal

    Mykal AudioP2P

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    Sorry for the long delay to responding to this question ,Replay or any kind of Public broadcasts is a very tricky thing, Every record disturber has their own set of rules depending on the situation. if your Dj'ing it's pretty much fair game, I've never heard of an artist sue a Dj for spreading their music but try getting away with if your doing a live broadcast from a club....That is a fucking nightmare You can't play certain songs that fucking kill because the particular song was not cleared and then there is the whole mess about playing something that has questionable lyrics during a early time slot. It's fucking terrible and really limits the whole creative aspect of it all but if you keep it simple , you should be fine
     
  4. London007

    London007 Member

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    Sample replays don't need any licences but you still need to get the publishing cleared. Contact the company called Scorccio, because they have done some incredible replays and they can also get the clearance from publishers. Here's a link to their website; Scorccio
     
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  5. MMJ2017

    MMJ2017 Audiosexual

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    ask Ed sheeran.....
     
  6. Mixerman

    Mixerman Ultrasonic

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    If you plan on making money of the remix, then the answer is none if its just for fun when you upload the track to soundcloud click CC license more info on CC Liecense

    "A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted work. A CC license is used when an author wants to give people the right to share, use, and build upon a work that they have created."

    Hope this helps
     
  7. Iggy

    Iggy Rock Star

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    For some reason, I could have sworn there was an amount of time you could legally get away with (like under 30 seconds or something), but apparently not. Here's your definitive answer on the subject, at least for the United States. Copyright and publishing laws get weird outside of the U.S.
     
  8. thecastermaster

    thecastermaster Ultrasonic

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    OH SNAP!
     
  9. doctorG

    doctorG Kapellmeister

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    Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others!

    TonyG made the excellent points as indicated by others. It was Never legal to Steal and use as your own for personal profit someone else's published work!....it just wasnt prosecuted in the early days of sampling. The Times have changed drastically and the cost if prosecuted can be devastatingly costly! You would want the same protection if it was your property at stake.

    When in question Always consult Proper Legitamite Legal advice!
     
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  10. The legal answer is typically 00.00, but the pragmatic answer is "however much is too small to be easily noticed". If your goal is to have the sample recognized, as a form of quotation or cultural reference, then better to get it cleared. Otherwise, it is easy to bury found material through sophisticated processing. Or figure out what you like about the sound, re-create it yourself, and sample your version.

    But if your run is limited, say 1000 white labels, it's not like anybody is likely to actually sue you. But if your tracks end up on YouTube or whatever, it might come back to you.

    FWIW I think both property and profit are superstitious BS.
     
  11. TonyG

    TonyG Guest

    [QUOTE="WeRAllFosterChildren, post: 352790, member: 40888 "But if your run is limited, say 1000 white labels, it's not like anybody is likely to actually sue you. But if your tracks end up on YouTube or whatever, it might come back to you.[/QUOTE]

    I have to disagree with your assumption that by making a 1000 copies you are safe from being prosecuted or civil liability. I have written and explained about this issue in several posts. https://audiosex.pro/threads/the-copyright-thread-criminal-infringement-in-the-us.38500/ and https://audiosex.pro/threads/the-copyright-thread.38499/
    Answers like yours, though well-intended, are the reason why I always advise members of this forum to seek appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
     
  12. KungPaoFist

    KungPaoFist Audiosexual

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  13. fraifikmushi

    fraifikmushi Guest

    Come on Tony, yes, you're formally right, but he's talking bout white labels. Just out of curiosity: can you name one single case where a lawsuit followed such an action? Google at least returns zero hits on dubplate lawsuits. Who you're gonna sue anyways from a white label? No artist, no label, no ean, upc, isrc - nothing. The only thing to be done would be a cease and desist but before that becomes effective all copies are sold anyhow.
     
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  14. eXACT_Beats_

    eXACT_Beats_ Rock Star

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    I actually don't use samples too much, and when I do they're usually a tiny snippet with a unique vybe that I build the rest of the track around. Sometimes I even dump the sample after the track is closer to completion or recreate it.
    I've released under the radar stuff with samples, but since the music I create around the samples fits the sample (which is hardly a sample by todays standards, i.e., a 16 bar second loop with the hook of the sampled song included,) it's damn-near impossible to pick out what is and isn't sampled. To spice it up, sometimes I'll purposefully make an instrument instance or stab that I've played sound as if it's a sample when in reality something else that is rather clean, if you will, is the sample. I also run stuff by some of my friends who are music junkies but aren't into Hip Hop. If I can skate something past them (especially snippets of artists/albums they know,) I'm in the clear....and by in the clear, I mean you probably don't want to follow my M.O. as per sampling goes. :rofl:
    Worst comes to worst, "they" can sue me for my jar of pennies. :yes:
     
  15. stevitch

    stevitch Audiosexual

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    Better question: How many seconds of YOUR song could someobody sample without getting sued?
     
  16. fraifikmushi

    fraifikmushi Guest

  17. By saying that it us unlikely, I didn't mean that it is safe in an ideal sense, just a lot less risky. It depends upon exposure, luck, and other factors. Suing somebody is not cheap, so people typically don't bother unless they can get some compensation out of it. If my track stays obscure, nobody will get anything by suing me. And if it blows up, then I can perhaps afford to clear it after the fact or settle.

    I understand why people do that, but I generally don't trust attorneys - especially not the ones in my price range. What interests and concerns me more is studying what the actual laws are. Then if I NEED a lawyer, I hire one one the cheap that does what I tell them, rather than a lazy one who just gives the same mediocre advice to me as they do everybody else. Having no money, I don't believe that "any lawyer" is automatically better than "no lawyer".

    And I think that most who can afford an actually decent attorney can probably afford to license their samples, or find a clever workaround to avoid the need.
     
  18. TonyG

    TonyG Guest

    Thanks, again, for welcoming back. :like:

    In the United States Federal copyright law preempts all state-law claims regarding rights that are equivalent to the exclusive rights protected by the Copyright Act. The federal preemption provision, codified at 17 U.S.C. § 301(a), states that:

    On and after January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.

    To avoid preemption, the state law claim must claim a right that is “qualitatively distinguishable” from the rights protected under the Copyright Act.
     
  19. TonyG

    TonyG Guest

    Who is going to be served with the "cease and desist" letter? Hypothetically speaking, anyone that can be connected to its creation, manufacturing, distribution, sale, advertisement...and the list goes on and on.( check your Pms) Cases? I can name a few and have personally been involved in a couple. Look up the Supreme Court case of United States v Dowling (1984) or district court cases like United States v. Gallant out of the Second Circuit. They will lead you to cases with similar sets of facts. In sum, while I admit that prosecution for "white labels" is rare, it does happen.
     
    Last edited by a moderator: Sep 21, 2018
  20. KungPaoFist

    KungPaoFist Audiosexual

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