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 Audiosexual

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    Of course they can! Would they? That is a different question with economic factors, who you are and how you intend to use the sample coming into play. Whatever you do, if they refuse to extend a license DO NOT use any portions of that work nor replay it. Move on and find another song.
     
  2. Luka

    Luka Platinum Record

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    Thank you. I know I have been bothering you a lot for the las week and you always help me. Blessings to you and your family
     
  3. TonyG

    TonyG Audiosexual

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    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.
     
  4. 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
     
  5. 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
     
  6. London007

    London007 Newbie

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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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  7. MMJ2017

    MMJ2017 Audiosexual

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    ask Ed sheeran.....
     
  8. Mixerman

    Mixerman Member

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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
     
  9. Iggy

    Iggy Platinum Record

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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.
     
  10. thecastermaster

    thecastermaster Member

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    OH SNAP!
     
  11. doctorG

    doctorG Member

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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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  12. WeRAllFosterChildren

    WeRAllFosterChildren Member

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    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.
     
  13. TonyG

    TonyG Audiosexual

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    [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.
     
  14. KungPaoFist

    KungPaoFist Producer

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    In the United States copyright laws are mandated by federal not states. I'd imagine wherever laws apply by states things could get tricky... Great to see you back Mr G :mates:
     
  15. fraifikmushi

    fraifikmushi Audiosexual

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    Come one 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 dublplate 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.
     
  16. eXACT_Beats_

    eXACT_Beats_ Producer

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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:
     
  17. KungPaoFist

    KungPaoFist Producer

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    I like this because it forces the reality of actually selling 1000 copies of something. If you can do that you're music is showing serious potential, and as an indie would be a nice chunk of change as opposed to itunes downloads. The only way this backfires is if you have an unexpected hit, which most hits start out as. Then suddenly that big break-out career maker becomes your back-breaker.
     
  18. stevitch

    stevitch Audiosexual

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

    KungPaoFist Producer

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    I wouldn't be mad, I'd wait until that song garnered a lot of money and then take it all in court like any other artist that has.

    edit: Forgot this actually happened to me and the only damages were to the writers credits, youtube barely respects these as well... alright goodnight everyone
     
    Last edited: Sep 21, 2018 at 10:28 AM
  20. fraifikmushi

    fraifikmushi Audiosexual

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