Major Artist "stole" a beat ?

jennycraig

New member
Ok so I got a few messages on Facebook/Text that a Major artist used one of my beats, and I had no clue...So I had uploaded the tagged beat that they used on youtube for promotion about a month before the song was released...I had a download link for the beat to my website which there are terms for using the downloads such as beats are only for promotion use and not for commercial use in BOLD...the artist went ahead and made a music video and has ads running on it (YouTube), I've seen several videos where the song is being preformed at a show...the official music video has racked up near 3 million views in nearly 3 months. The beat isn't copyrighted with the U.S. Copyright Office but it is still my work that had terms to use. So could you say the artist "stole" my work? I've tried contacting the artist to solve some issues, I also tried to monetize my beat video on my youtube channel a few days ago and was denied because it "Matched Third Party Content" which pissed me off a bit...what can be done about all this ? Thanks in advance.

Artist's name nor my name will be released but artist is signed to Interscope Records.
 
Yes, the beat was stolen. Even if he paid, and your terms were explicit, he is outside of those terms.
I'd get a music biz attorney asap. Or get a consultation with Moses Avalon and see who he recommends.
Or contact the VLA (volunteer Lawyers for the Arts). Or do all three. But hold-off on contacting the artist or label
directly for now. I think they need to get a cease and desist from an attorney first. The song has already been released,
right? That's kind of awesome, because it makes it difficult for them to do anything but pay you.

Call some NYC or LA attorney offices. They might take your case without an upfront fee, considering you are likely to get a windfall and they can take their fee out of that.

None of the above is legal advice, and I am not a lawyer. But get one. They were counting on you
backing off and being happy that you got "good exposure."

GJ
 
I sell exclusive rights for $250 and lease beats $20, is it worth hiring an attorney? If that's what I would receive? Yes the song has been released for about 3-4 months, and I got no exposure out of the record, if I had I would of have left it as it was but NONE ! I would of have been fine if they had put (Prod. By myname) in the Music video title but not even that was done nor is it in the video description. The record is also on several mixtapes the artist has released.
 
PS-- Just because you never filed with the LOC doesn't mean that your work isn't protected by copyright. BUT, it also doesn't mean that you can't file the paperwork RIGHT NOW. Go and do it. Ther are certain benefits (like recovering your court costs from the defendant, if I remember correctly) that you can get only when you file (assuming you win the case, of course). In any event, file the paperwork now. It's worth it to make it official before you go off to war.

GJ

---------- Post added at 12:24 PM ---------- Previous post was at 12:13 PM ----------

Yeah, see here's the deal (again, I stress talk to a lawyer because I'm not one, but here's the deal anyway)-- Whoever the idjut was that jacked the beat, whoever allowed it to be stolen and used without clearance (whether it was Jimmy Iovine or a series of flunkies), whoever thought that you wouldn't care, wouldn't find out, wouldn't know what to do, or whatever, they just made a REALLY, REALLY COSTLY mistake, that could have been avoided by simply shelling-out another $230 (which is why I'll never understand the Hip-Hop "selling beats" thing, but I digress).

When they put those words to your music, and released it like that, they legally made those two pieces into _one song_ (one legal entity, if you will). Who knows, he/they may even have filed falsified copyright info with the LOC (which means you need to make sure that you can prove your case). So anyway, now that that song is one song (inseparable), you are entitled to half of whatever the other songwriter(s) are making, as far as publishing monies, record royalties (which might be pretty small/no-existent nowadays, but still), any income from streaming, a synch fee from the music video, and on and on and on. You are in for all of it, unless you're willing to settle for a buy-out and some proper credit, but at this point, if I was you there's _no way_ I'd let them off the hook for $250. All songwriters on a given song are entitled to their percentages, and in the absence of an agreement that spells-out your share, it comes down to a split (half).

Call an attorney, and get your piece. This is what you've been waiting for, and the bonehead just gave it to you. Just make sure your documentation is in order.

GJ

---------- Post added 10-19-2012 at 06:09 AM ---------- Previous post was 10-15-2012 at 12:24 PM ----------

PS-- Please keep us informed. I'd _really_ like to know what happens with this. BTW, I think I probably forgot to mention that if you have a sample in that beat, hopefully you've got it cleared. Otherwise, you _and_ the jacking artist might be in for trouble...

GJ
 
Did he use your EXACT track? Or did he re-record it? You should:

Hire an attorney (if you don't have money, they will listen to your case and, if you have one, will work for for a percentage of your winnings) and have them send a "cease and desist" letter ASAP.

You have to prove access somehow, maybe an IP address that downloaded your track? (even if you didn't copyright it, it's ok)

I've had music stolen that was used on a national commercial. Sucked big time. I had a musicologist tell me, "did they steal your music: probably. Will it hold up in court? Probably not." So I let it go. But if you have a strong case...go git 'em! If you need help, send me a PM and links to your track/his track. I can put you in touch with my attorney if it looks like a strong case. I'm in Los Angeles.
 
>>>>I've had music stolen that was used on a national commercial. Sucked big time. I had a musicologist tell me, "did they steal your music: probably. Will it hold up in court? Probably not." So I let it go. But if you have a strong case...go git 'em!<<<<

Actually, I have a friend who is a studio owner/engineer, but is also a photographer. A picture that he took and gave a print of to someone, wound-up on a national magazine and on billboard advertising. He got a lawyer, sued, and proved that it was his image. He made _a lot_ of money on that case...

Anyway, where are we? Any news on this? C'mon!!!! Fill us in.

GJ
 
I've been following this one too. @rhythmgj: I've been curious about this happening with commercials, too. I have a lot of stuff out there for that market. Sent hard copies to a few. If I don't hear from certain people after a while, I will send a follow-up email, just to let them know that I remember what I sent them, and that I'm on top of my business. Everything I make is registered with LOC, too. IMO, the best libraries are the ones who put my songs up with ASCAP soon after receiving them.

Interesting those who bring up the fact that these "beat thieves" are banking on the composers never finding out. Imagine all the albums/EPs/mixtapes that are out there. Obviously, radio hits are tough to hide. But all those album cuts. I hope you make it out of this one OK, jennycraig.
 
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You've got to read the original post. He/she isn't telling, and for now, I think that's wise, from a legal perspective (although the voyeurist in me wants to know what's going on!). No use adding litigation from a reverse bass ackwards lawsuit to the salt already in the wound...

GJ
 
You've got to read the original post. He/she isn't telling, and for now, I think that's wise, from a legal perspective (although the voyeurist in me wants to know what's going on!). No use adding litigation from a reverse bass ackwards lawsuit to the salt already in the wound...

GJ
lol oh believe me when I say I know they aren't inclined towards telling us. just had to try.
 
doesnt copyright only cost like $35. why would you copyright be fore releasing on the net? or is this useless somehow also?
 
Worst case scenario.... you could always just put it in your resumé ;)

"Music sampled by major acts such as <xyz>"
 
I've had music stolen that was used on a national commercial. Sucked big time. I had a musicologist tell me, "did they steal your music: probably. Will it hold up in court? Probably not." So I let it go.

Oh man that sucks.

I've had music taken and used without my permission (Fox 31). It took 5 months to get my backpay in line. What were you missing for a strong case?
Fox had to provide proof of transaction, and or contact stating they had the right to use the material.. which they couldn't present.

I had provide proof of ownership and a bunch of signed affidavits stating that i was unaware of the usage.
 
Copyright is not "useless." And yes, you should take care of it (paperwork) before releasing anything, but all is not lost if that isn't the case. A "copyright" exists on _any_ creation that you take out of your mind and put into a fixed form (writing, photo, image, muisc on tape, CD, digital file, MIDI file, etc., etc., etc.), as soon as you do that (put it in a tangible, fixed form). The law recognizes this, _but_, it's harder to prove without the simple to file paperwork, and there are other benefits, so yeah, you should file.

GJ
 
a simple way to show "some" type of proof is to upload your beat to youtube. since they are a third party and have no affiliation with you, it could help AND it also had a time stamp on it, meaning it tells you when you uploaded the song. Is the creation date of the project file worth anything? is this not enough evidence to prove your credibility? just asking cause i dont know much.
 
It definitely would help, but you'd need more than just that, I'd imagine (I've studied a fair amount of copyright law, but thankfully have never had to deal with an actual lawsuit). People talk about "poor man's copyright" (mailing it to yourself, and the various merits or detriments of that approach), and other ways to "prove" ownnership. Best thing to do is file, but if for some reason you don't yet, keep all of your project files and masters archived and dated, have some kind of time-stamped upload somewhere (even a private storage site), and make sure you at least mark all CD/DVD archive copies and anything you give out with proper copyright info (which is pretty easy to tag in files nowadays too): "Blah Blah Song #1", (c) & (p) 2012, Joe the Beat-Maker (your name here), All Rights Reserved. SoundCloud let's you upload and select those tagging options right on your upload page.

GJ
 
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