Coryright and that stuff

Atheist

Who'r u calling a Junior?
Nov 11, 2003
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Do you guys know how the whole sampling and remixing deal functions when we talk about copyright? What's legal and what's not?

I can easily find a lot of mainstream music in acapela verson and/or saparate the bass line and I read somewhere that I can do a remix of it and be safe if I state that it's remix. I don't really believe it's that simple, or is it?
 
Well, as far as I know, sampling is a crime if you didn't pay for it. However, re-recording the part you want and using a sample from that would be perfectly legal. There are places you can hire to re-record samples as close to the originals as physically possible for you to sample all you want.
 
If you're using a recorded sample (you don't own the rights to ofc), you're infringing the copyright for the recording (no matter how short it might be) and also possibly the intellectual property rights of the composer (if it's long enough to identify a melody or something that could be called a genuine piece of artistic work).
 
I don't know anyone with MPC and Vanilla Ice wont return my calls... and I like to ask my music production questions here. I have no intention of doing remixes - I'm just asking for someone who has, but I am curious to know how it works.

So using anything recognizable (melody wise) is illegal?
 
That's right! If you're sampling (from) a record, you need the permission from the copyright owner of said recording (usually the label) and eventually the composer (under the circumstances I described above).

If you're re-recording that bit yourself (and there is something that could be identified as someone else's melody / unique, conscientiously crafted, piece of work), you'll need the permission of the composer.

And tricks like changing keys, tempos and even rhythmic patterns are NO workaround.

This is serious business! A local band here, which happened to get a nice label deal, was confronted with a legal shitstorm after allegedly copying few seconds from The Black Dahlia Murder.

Quite ironic, if you ask me, 'cause this very genre is quite the manifestation of musical incest...
 
but what about covers and such? or "stealing" certain riffs? Nile ripped of King Crimson (Ramses bringer of war) and Candlemass (Unas Slayer of the gods) parts, and many other bands have done that. Dream Theater's Octavarium (song) should be a total royalty-paying fest by musical and lyrical references around the whole thing.

Or am I getting it wrong?

edit:
Vanilla Ice wont return my calls...

lol
 
A song title can't really be copyrighted..

if a melody or chorus is attached strongly to that title, then you probably have a case for getting the copy taken out of circulation (or taking their profits).

A sample needs to be cleared before you sell it. It's pretty simple.
If you've not cleared it, you're effectively going to give the owners a right to take all the money you ever hope to make from it - as they still own it.

[google - bittersweet symphony copyright infringement ]

If you don't make any money from it, it's still not legal - but the worst that could probably happen is that they (owners) tell you to remove it from everywhere it's up.

If you sample a smaller act, or dj, or indy film - I find usually writing to them and accrediting them appropriately does the trick WITHOUT doing royalties. It's free advertising.

For anyone people might have heard, you have to go through the PRS/MCPS (UK) and contact the publishers / record labels.

For copyrighting riffs and such, that's more difficult. It's all down to the court on the day, and how much evidence, who released it first, who's got more money and ultimately luck.
A cover is much the same, you just pay royalties for the performance and the composition. Which you are all doing, even live, right? ;)
 
If you record a cover tune and put it on your myspace page or something, but you are not selling the song or profiting off it, do you have to pay the songwriter royalties?
 
In the UK MCPS deal with this iirc (our manager did all the legwork for our new single which will have a cover on it) - samples are different from a direct cover of a song though. I'm pretty sure any changes from a songs originally published form usually require permission from those who own the song rights.