Using audio samples from movies ..... copyright problems?!

[bryan_kilco]

My band uses some samples in our live set. We are putting out our self-produced EP this summer. We have 1 sample from a movie, and I was wondering about the legality of it.....

I don't know a while lot about this type of stuff. But from what I understand, if the band is making money off their product, and the product contains someone else's work, that is where trouble can arise. Would we need to get permission to use the sample? Or just give credit? Or....NOT use the sample at all and save a headache?

Can anyone with more knowledge on this topic chime in?

 

[Empathy]

More often than not, you will need permission. Unless something is under a fairly open creative commons license, you'll always need permission if you see a (c) on something.

 

[drew_drummer]

What movie is it?

 

[bryan_kilco]

Happy Gilmore....

"Sir, could I trouble you for a glass of warm milk; it helps put me to sleep."

"You could trouble me for a warm glass of SHUT THE HELL UP!!"

 

[drew_drummer]

Then no. It isn't public domain. Good luck trying to get permission!!

 

[bryan_kilco]

No as in "No, you can NOT use the sample"? Sorry, you threw me off a tad there.

 

[Skinny Viking]

^ How else would "Then no. It isn't public domain" be applied?

The answer is no unless you get permission unless there is some clause somewhere that states what the length of a sample has to be.

 

[bryan_kilco]

^ How else would "Then no. It isn't public domain" be applied?

The answer is no unless you get permission unless there is some clause somewhere that states what the length of a sample has to be.

Well, since my original question was asking if we'd need permission...and I get a response that says "No....".... didn't quite understand what public domain was.

Thanks for clearing this up guys. the stuff I read on Google had me scratching my head a bit. it's really not that big of a deal.

 

[Chryst Krispies]

If you could get permission that would be pretty much the best sample ever. Hah.

 

[drew_drummer]

Okay, well let me clarify:

NO YOU FUCKING CANNOT USE IT!

 

[bryan_kilco]

Okay, well let me clarify:

NO YOU FUCKING CANNOT USE IT!

Understood, geez!!! Thank you.

 

[Chryst Krispies]

Fuck it. Use it and see if you can get Adam Sandler to show up to your door and try and stab you with a hockey skate.

 

[drew_drummer]

Fuck it. Use it and see if you can get Adam Sandler to show up to your door and try and stab you with a hockey skate.

Would be good publicity for the band!

 

[bryan_kilco]

If you could get permission that would be pretty much the best sample ever. Hah.

Haha I know! We were throwing around the idea of re-creating it ourselves.....but it just wouldn't be the same.

 

[amarshism]

I thought the sample could be under 7 seconds or something. I've used plenty of samples on plenty of releases. Never got caught.

 

[bryan_kilco]

I thought the sample could be under 7 seconds or something. I've used plenty of samples on plenty of releases. Never got caught.

I read a bit about this when I was searching Google.....but I was a bit confused. The sample is probably right around that length too. I figured the chances of getting caught were slim, but with our luck, we would get sued over it.

 

[amarshism]

My pineapple express sample, around 2:30ish lol. Haven't gotten into any dramas for it. Was number 1 on aus iTunes charts for a week and even with that attention still no suits barking at my door.

http://dl.dropbox.com/u/6361630/Timeless.wav

 

[updog]

Interested in this subject as well.

Is there anywhere I could read about this stuff in greater detail? I'm pretty sure you can use any sample of just a few seconds and I keep hearing this as well, but haven't been able to clarify this for myself.

Electronic music artists use samples from movies all the time, I think it would be weird if you had to ask a permission to everything, and if this is the case then getting a permission is probably piss easy or something.

 

[Aaron Smith]

Honestly, if you're just using that clip in a live setting, I don't see what the big deal is. I bet worst case, you would just get a letter from the movie company asking you to stop using it, and that would be it (unless you kept using it after that point). I would be extremely surprised if a movie company would ever even become aware of a small band using a short clip in a concert...it would even be surprising if a decently big band was discovered doing it.

Using it on a release for sale is completely different though, I just personally would never mess with that unless I have permission.

 

[DolphinSplatter]

Meh, while I don't know anything about how legal it is, I wouldn't worry about it either. Pretty much every-other death metal band (and every grind band) use movie samples in their records. Just look at Graf Orlock