no profit remix legal ?

Discussion in 'Lounge' started by 30hz, May 4, 2018.

  1. 30hz

    30hz Kapellmeister

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    hi there !
    I've made a no-profit-use only remix, of a copyrighted song
    is legal to post it on facebook, youtube ecc ecc, without the permission of the owner of the original song?
    Is it a question of good manners or a legal question?
    (I've used entire part of the song not only samples)
    thx bye :bow:
     
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  3. YFManagement

    YFManagement Member

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    the worst that can happen is embargo of your remix release long as its a non-profit post
     
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  4. Legotron

    Legotron Platinum Record

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    That really depends on the artist, i would release it(if non profit) and send the link to the original artist, if he/she would pull it out then fine.
     
  5. No Avenger

    No Avenger Audiosexual

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    In my country and I don't know if this is international right, too, it's as follows:
    Live you have the right to cover any song in any way you want. Change the lyrics, the melody, the arrangement.
    If you release it, in which way ever, you have to stick to the lyrics, the melody and the sequence of the different parts and you are not allowed to use any sample of the original song. This would be considered a copyright infringement.

    In reality only in very few cases the copyright owner, or the labels are causing trouble.
    But if you want to be on the safe side, I agree with Legotron and would ask the artist, or the label.
     
    Last edited: May 4, 2018
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  6. Legotron

    Legotron Platinum Record

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    Even if they denied it, release it anyway. It might even mean its better than original :)
    Its funny that people dont like these days releasing others material, which was the thing back in 40-50 years.. i guess its the money :(
     
  7. beatmagnus

    beatmagnus Guest

    .
     
    Last edited by a moderator: May 23, 2018
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  8. Mykal

    Mykal AudioP2P

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    Did you actually buy the song and can prove it, using a illegally pirated song as the base for your remix then you can forget it but if you do own it I highly suggest you Google DJ Copyright laws. I will post a few links below to give you a start, 1 thing to remember all songs have two copy writes ,1 for the recorded song and 1 for the Master which normally belongs to the Label not the Artist. So even if you do get permission from the Artist and you post it anywhere on line or play it in public you still can get sued by the Label

    http://spin-academy.com/how-to-remix-songs-legally/

    http://djtechtools.com/2012/03/25/legal-concerns-for-digital-djs-should-i-worry-about-copyright/

    http://djtechtools.com/2017/06/05/basics-dj-copyright-laws/
     
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  9. beatmagnus

    beatmagnus Guest

    .
     
    Last edited by a moderator: May 23, 2018
  10. TonyG

    TonyG Guest

    @30hz It s is a legal question. As you said the original song is a copyrighted work. There lies your answer. Technically, you need to obtain permission. I recommend that you consult an attorney or rights clearance agency before you use any music under copyright protection for anything other than your own personal use.

    You can find more information about US copyright law in this series of threads I have created titled: The Copyright Corner https://audiosex.pro/threads/the-copyright-corner.38499/
     
    Last edited by a moderator: May 5, 2018
  11. TonyG

    TonyG Guest

    You are partly correct. You need to obtain permission from two parties: the master recording owner and the publisher owner or controller.
    For the first, you need a Master Use License. For the second, you need a Synchronization License. Technically and legally speaking, the "recorded song" is actually the "Master". What you refer to as the the "recorded song" is the musical composition which is encompassed of lyrics, melody, score, arrangement. A Synchronization License is not contingent upon whether a particular song has been recorded. I just wanted to clarify that point.
     
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  12. saltwater

    saltwater Rock Star

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    many artists started their career by uploading a remix straight onto youtube ;)

    don't try to make any money in any form with it, do not activate ads in the video or link to anything that can be bought in the description.

    i say for the most part, no one cares, its up to you if you take the risk (minor in my eyes if you don`t make money with it)

    if you think your track is good enough to be released send it to the right owners and ask them what they think about.
     
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  13. TonyG

    TonyG Guest

    You can't make any money. As far as You Tube goes, if you upload a remix of song "X" by artist "ZY" and you have not obtained any agreement from the rights controllers to split the proceeds all the money earned through views will still go to them. Indeed, if you use copyrighted music registered in You Tube's Contend ID system, the copyright holders may decide to:

    1. Monetize on your video by running ads
    2. Block your video
    3. Mute your video
    4.Track the viewership statistics of your video
     
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  14. saltwater

    saltwater Rock Star

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    fully aware and agree
     
  15. Vader

    Vader Producer

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    Actually, you didn't made any remix, as it's not official... Rather than that, you made a bootleg only, like the 1425363784949506749 found last week on Soundcloud
     
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  16. Helvetica

    Helvetica Kapellmeister

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    Look at the URL. It's a bootleg ;) Later on Ultra Music (?) contacted the remixer and re-made it into an 'Official Remix' or sth..
     
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  17. taskforce

    taskforce Audiosexual

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    Errr... I'm sorry to correct you mate, you haven't any right to cover anything live. It is all done under tolerance of the creators as long as the live venues pay RIAA etc normally so the authors get their percentages. There have been circumstances where specific composers forbade everyone to cover their songs live, unless they had a special written permission by them.
    Which leads me to my other topic, @TonyG covered the most important parts quite nicely. Labels and publishers may agree to grant licenses for remix purposes but if the composer disagrees you still can't do it. Composing artists may also agree to grant final license not before you make a remix and they hear it and like it. In this case, if they don't like your remix, you still don't get a green light lol. More over, if the song has lyrics and you need to use them, the lyricist has to agree as well.
    With all these said, i 've heard hundreds of illegal remixes, bootlegs, re-edits in yt and sc, mostly under the tolerance of the right holders.
    So post your mix wherever you want and cross your fingers just be careful not to monetize on your post or anything illegal apart from the music and write on the notes that you don't have the rights to the original song.
    Good luck :)
     
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  18. No Avenger

    No Avenger Audiosexual

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    Sorry, but in my country it is :yes::

    German copyright law states that compositions already published, whose rights are exercised by a collecting society for the author, may be re-recorded or re-recorded by anyone without special permission, as long as the author is adequately involved in the use of his work - ie the cover version.
     
  19. taskforce

    taskforce Audiosexual

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    Well... what you say here is very interesting man and of course i believe you but what does this last phrase i quoted exactly mean?
     
  20. No Avenger

    No Avenger Audiosexual

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    $$$, of course. [​IMG] You have to pay the collecting society (GEMA).
     
    Last edited: May 6, 2018
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  21. Luka

    Luka Platinum Record

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    I think he made a remix. A bootleg remix but still a remix.
     
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