Is it illegal to use chorus samples?

onekoncept

New member
Let's say I find a piano or acoustic song with a nice chorus and want to take it out and flip it into a hiphop beat. I like doing this cause I don't have anyone who can really sing hooks for me..... Is it illegal if I don't sell it and I just give it away as non-profit beat? I don't mean chopping the samples... I mean just using the full chorus... I know some will change the pitch, but I don't think that matters. Copyrighted lyrics/music is copyrighted no matter the pitch.
 
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any way in which you profit is illegal - it does not have to be monetary compensation, if you gain fame or infamy, you are deemed to have profited from the use of the material. Always better to secure your license to use the work first rather than pay for the use later at a much heavier price....

the fair use clause in copyright law (the recently touted and incorrectly identified "get out of trouble/gaol free card") is about scholarly analysis and artistic criticism, not about appropriating an existing work still in copyright to construct a new work
 
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That second comment was from a different thread but anyway, I always thought if you sample something that you are not selling or making money off of, doesn't require clearance. Maybe I am wrong. IDK
 
different thread maybe but the same basic question who do I clear using samples and (which engenders the unspoken question: should I clear my samples?)

Unfortunately thinking that something is ok is not the same as it being legal to do
 
so you're saying it is ILLEGAL to sample even if you are not making a profit? assuming the sample is un-cleared.

But am I wrong about contacting the person who owns the master version to clear the sample?
 
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so you're saying it is ILLEGAL to sample even if you are not making a profit? assuming the sample is un-cleared.

use is everything: once it is distributed outside of your home for whatever reason you are starting down the slope towards a law suit at some point in the future (it may be the very distant future) - once it becomes known that you have used the sample beyond the idea of fair use - learning how to chop and screw a sample to suit - you are no longer engaged in education/scholarly pursuit and become held to a higher standard of clearance/license

But am I wrong about contacting the person who owns the master version to clear the sample?

Never said you were wrong, just that your were offering conflicting advice in similar threads
 
if you are not selling it and just giving it away for free it's fine

Even if you're not making a dime, you can still be sued

so you're saying it is ILLEGAL to sample even if you are not making a profit? assuming the sample is un-cleared.

But am I wrong about contacting the person who owns the master version to clear the sample?

There are two clearances you have to obtain, the master and the song itself.
 
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ok well thanks for the info. I always was told that if you sample something and distribute it for free it is legit. And if you are trying to make money off it you need to clear the sample with whoever owns the master copy. I'm still trying to learn the business side of this. But thanks for the info!
 
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