The 10 Track Commandments ( Copyright Basics )

Drethe5th

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Copyright.
The RIGHT to make & distribute COPIES.

1. Copyright law does not dictate if you sell it or give it away for free. If you don't have permission, you can't do either legally.

2. Only the owner of the work can grant this permission. Sometimes the artist/writer doesn't even own the copyright and the publisher or record label owns it. That party would give permission and no one else. KRS once said I'd let you sample my whole catalog but I don't own all of it.

3. Copyright law doesn't specify a time limit. Your sample could be 2 seconds or 2 minutes. This includes chops no matter how small. If it is recognized by anyone and proven that you didn't create it, you're guilty of violating copyright law.

4. Creative Commons is a rule that some people register their work under, it allows any music, words, art to be used for free without a specific license/contract. But it has certain stipulations for how it's used. The normal categories are Exact Copy, Cover, and Derived Works. Be sure to double check on the requirement. Example...The Pledge Of Alegeince, Presidential Speeches......

5) Copyright law accounts for not only the recording and distribution of works, it also covers the performance of work. That means if you jump on stage at your local club and perform your freestyle over Drake 0-100 beat, even if you don't get paid, you are violating copyright. Even if you just use a small sample of it. A COVERAGE is different however.* Any public display or performances of music especially in a place that generates money like the mall, a gym, a restaurant....is subject to copyright law and needs a license to use the material. That's why ASCAP/BMI exist. To randomly check all business places that play music with gathered crowds of people, and get payment for the artist.

6. A cover must be extremely close to the original song. You do not need permission before you do it but the copyright owner must be paid royalties and credited at all times.

7. Copyright doesn't give a free pass just because it's an unknown sample or you couldn't find out where it came from. If it was made by a rock band in their garage in 1957 and never released by a label, but somehow you found the mp3 and use it, you are still violating copyright law.

8. To find the copyright holder search "Creative Commons", "Harry Fox Agency", "Sound Exchange" "BMI", ASCAP" or any other PRO Organization (Performance Rights Organization)

9. Replaying a song is called an "Interpolation". Depending on how much the words or music changes from the original it can also be considered a "Derivitve Work". In general if you change something it is no longer your call, and you need permission, also known as a "License".

10. In most cases, individual notes or sounds are not protected by copyright. However a pattern of sounds also known as melodies, chord progressions, drum tracks are under copyright protection. Perfect example of **Cover vs Sample vs Derived Work** is Pharell and Robin Thicke song "Blurred Lines" lawsuit. They did not sample the song. However too many notes and melodies were the same in multiple parts of the song such as back ground vocals, drum parts, and bass line.


There's a bunch more rules that go into copyright. There is no way this post or any other can explain them all. I suggest reading a book and stop making up rumors and half truths based on the internet or what your friend told you. Most books are actually double checked by a lawyer before being published, so they are more accurate than some guy in his bedroom blogging about music industry legal issues. Especially if that person doesn't have high level experience in the industry such as running a serious label or being signed to one. If we're that easy to understand then why would major artists and producers get sued so often? Why do you always see "Unavailable" or "Take Down Due To Copyright" on certain videos on YouTube or other music sites.

A forum or blog can't teach it all. Rumors leave you confused. And both will often contain false information.*

Get A Book. That $10 on a iBook, eBook, download could save you $10 thousand later on in your career.

"Don't get high on your own copyright lie" ! Notorious BIG
 
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Copyright.
The RIGHT to make & distribute COPIES.

6. A cover must be extremely close to the original song. You do not need permission before you do it but the copyright owner must be paid royalties and credited at all times.

9. Replaying a song is called an "Interpolation". Depending on how much the words or music changes from the original it can also be considered a "Derivitve Work". In general if you change something it is no longer your call, and you need permission, also known as a "License".

6 and 9 are pretty much the same deal

In the case of 6 there is a specific type of license you can get from harry fox or similar agencies

In the case of 9 you would get the same license unless you go to extremes like adding entirely new lyrics over the existing instrumental version (as heard in Police "Every breath you take" vs Puff Daddy "I'll be missing you", for example)
 
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