Track samples an old song... should i upload it to soundcloud?

Discussion in 'Working with Sound' started by DARKh, May 6, 2016.

  1. DARKh

    DARKh Newbie

    Joined:
    Jan 7, 2016
    Messages:
    24
    Likes Received:
    0
    Hi guys

    so I'm thinking of uploading an instrumental that samples Rammstein's Du Hast. I shifted the pitch of the sample and slowed it down. And also, the song is nearly 20 years old. However, I'm not sure this is enough to avoid a copyright strike. I looped that phased arpeggiator that you hear in the first two seconds of the song. I put this loop at the very beginning of my OWN song. I've gotten copyright strikes in the past before (shifted pitches of things like acapellas for remixes, but these were 2 month old song acapellas) and I'm not sure if I'll get another strike if I upload this song. Do you guys have any advice? Preferably ways on avoiding a copyright strike?
     
  2.  
  3. junh1024

    junh1024 Rock Star

    Joined:
    Jul 28, 2011
    Messages:
    1,395
    Likes Received:
    432
  4. KingSchlongXVII

    KingSchlongXVII Member

    Joined:
    Feb 5, 2014
    Messages:
    77
    Likes Received:
    11
    Don't put it on Soundcloud, their algorithm for tracking down samples is insanely powerful. Even stuff that's been pitch-shifted, it doesn't matter. They are also clamping down on samples on hearthis.at. So your best option is to get the sample replayed by https://www.scorccio.com, especially if you want the track released. And it doesn't matter if that sample is 20 years or 2 months old.... it's still covered by copyright... and on the internet somebody will soon pick it up (very fast) on their radar.
     
  5. Amirious

    Amirious Platinum Record

    Joined:
    Sep 20, 2015
    Messages:
    444
    Likes Received:
    223
    Location:
    Turkey
    I'd say you'll be fine as long as this song doesn't become an overnight hit.
     
  6. jynx

    jynx Platinum Record

    Joined:
    Oct 23, 2015
    Messages:
    627
    Likes Received:
    266
    Location:
    uk
    Yeah ive sampled loads of vocals n stolen loads a drum hits n keys/chords etc etc........
    Ive never had an issue...
    That said i do believe what amirous is saying in that as long as what you post isnt a big success then you shouldnt have a problem!
    If you do then your incredibly unlucky....
     
  7. rhythmatist

    rhythmatist Audiosexual

    Joined:
    Sep 5, 2011
    Messages:
    1,272
    Likes Received:
    810
    Location:
    Chillicothe, Ohio, USA
    why not just try? I don't think there are any penalties if they remove content for infringement. They still haven't got my version of "Bargain" by The Who, but I totally rearranged the song and played my own instruments. Still waiting for my "cease and desist" letter from Pete Townsend's lawyers. Will have it framed. Or at least maybe he will sling one of those British insults my way. Call me a wanking twit, or something. I don't owe anything to soundcoud or ASCAP. Neither has done much for me.
     
  8. DARKh

    DARKh Newbie

    Joined:
    Jan 7, 2016
    Messages:
    24
    Likes Received:
    0
    Ha! :rofl: yeah, let's hope that doesn't happen
     
  9. DARKh

    DARKh Newbie

    Joined:
    Jan 7, 2016
    Messages:
    24
    Likes Received:
    0
    Thanks for replying. The thing is is that I uploaded a remix of Taylor Swift's New Romantics and it got taken down in a few days - Soundcloud sent me a notification saying that it will count as a strike. that 3 strike rule that soundcloud has is what i'm worried about.
     
  10. rhythmatist

    rhythmatist Audiosexual

    Joined:
    Sep 5, 2011
    Messages:
    1,272
    Likes Received:
    810
    Location:
    Chillicothe, Ohio, USA
    I'd go for 2 strikes, then look for the fastball down the middle.
     
  11. au38wzh

    au38wzh Platinum Record

    Joined:
    Mar 16, 2014
    Messages:
    348
    Likes Received:
    187
    I have many remixes of Depeche Mode on soundcloud. Never a problem. Then I uploaded a remix of a song Martin Gore covered from John Lennon. I got a strike when it was just uploaded (the remix was in my soundcloud channel, but blocked). Then I got a second strike for a Beatles remix. I uploaded the remix months ago before I got a strike. Funny thing: I uploaded 3 different remixes of the song, but only one was removed with a strike - I deleted the other 2 remixes by myself, not to get another strike. Now I'm afraid to get the 3rd strike and loose my soundcloud-account, since I have loads of DM remixes. Probably DM is more open for this kind of 'promotion' of their songs..?

    How about open a second account for testing? But as I said, it took a while till I got a strike for the Beatles remix..
     
  12. au38wzh

    au38wzh Platinum Record

    Joined:
    Mar 16, 2014
    Messages:
    348
    Likes Received:
    187
    Many threads about this topic, so I decided to put my post under my last one about this topic.
    As some time went by Audiosex users probalby have now a bigger knowledge about soundcloud, etc. and copyright infringement.
    Since I got 2 strikes on Soundcloud (pls read above if interested) I hesitate to upload new REMIXES of an already published song.
    Some say you'll be fine as long as this song doesn't become an overnight hit - this is wrong! Soundcloud claims (or threaten) to take already uploaded tracks which break the copyright infringement (remixes in my case) down or won't let tracks even get uploaded as I and others already said above. Funny thing in my case is: the Beatles remixes were taken down. All my Depeche Mode remixes are untouched. The Beatles and Depeche Mode are both at this time under Sony licensing, right? And on Soundcloud you can find loads of DM remixes daily uploaded.

    What I wonder with my 2 stikes: should I take down all my remixes (I think I shoud, unless I don't care about loosing my account). It only bothers me that there are thousends other accounts with DM and other remixes which are untouched. It is similar for Youtube I'd say.

    So now: Has someone here knowledge where to upload remixes without any problems?
    And coming, sort of, back to the main topic of this thread: In another project, a short animation movie where some of my selfmade 'actors' talk to other selfmade 'actors' while one of the actors use movie quotes/lines and the other actor speaks me/friends. I already have the dialogues, but hesitate to start working on the animation, because it's a huge work. In the US there is this special law, fair use which should put me on the save side, but I'm not a US citizen, so we don't have this law, but maybe it goes under parody which should 'protectet' my work, should.. a lawyer could probably help, but sometimes not even this is for sure.

    Early this year I visited a talk/conference about music copyright in Europe. One guy was strictly for no copyright protection for such things and not even copyright protection after an artists death -> so no more royalties for Will Freeman (Hugh Grant) in About a Boy ;-) For me it's like this: I make something (more or less) new out of an already finsished art. While watching Stranger Things, I see where they 'stole' loads of things from 80ies movies and I like it. And back to music: remixing a song is not allowed, but a cover which is close to the original is ok? Thats what they said on the mentioned talk/conference. I stop now, quiet long post, wonder if someone will read it ;-)

    Any thoughts about it are welcome! Have a nice day audiolovers :break:
     
  13. No Avenger

    No Avenger Moderator Staff Member

    Joined:
    Jul 19, 2017
    Messages:
    8,975
    Likes Received:
    6,172
    Location:
    Europe
    I'm not a lawyer, so without any guarantee:
    If you don't alter the text, the harmonics or the arrangement (order of intro, ref, verse, brigde...) it should be no problem - until you earn money with it. You then have to pay the copyright holder (not sure if this expression is correct).
    For every thing else especially sampling parts you will need the permission.
    But in most cases you will get it if you ask. I experienced this several times (remix, samples, videos).
    Although there are thousands of remixes and cover version with significant changes in arrangement without permission and consequences copyright infringement can get very expensive.
     
Loading...
Similar Threads - Track samples song Forum Date
Your thoughts on a new track using free Slate samples Work in Process Apr 22, 2022
Where can I find drums samples like the one used in this track? Electronic Nov 4, 2021
Track using Bowie samples only. Our Music Jan 24, 2016
Free Multi-Track Drum Samples Samplers, Synthesizers Mar 29, 2014
FS : Toontrack account (37 products) Selling / Buying Sunday at 10:41 PM
Loading...