What do you do in this situation?

A

audiodopebeats

Lurker on FP since 2010
Hey guys, I just thought of something. A few months ago my cousin linked me up to a rapper that was getting a small buzz in NY. He was about to drop a mixtape, so I sent him some beats (original, not sampled). When I sent the beats, I specifically told him that they are to be used for nonprofit uses only and cannot be sold on any online retailer. Unfortunately, the rapper did just the opposite and used my beats on one of his songs that was on the tape and he sold it on iTunes, CD Baby and Amazon. Now, because any original creation we make has a basic copyright to it, I was able to file a DMCA complaint and shut his tape down until he paid me. But, what if it was a sample type beat, where you don't fully own the beat and someone jacks it and sells it as a song? What do you do in that situation? I'd like to know especially from sample based producers.
 
You have control over everything minus the sample. Meaning if you played any additional lines (instruments, bass etc) then you have some ground to stand on.
 
Cyko said:
You have control over everything minus the sample. Meaning if you played any additional lines (instruments, bass etc) then you have some ground to stand on.
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True, another way to have full control over a sample is to use a replay company like Replay Heaven. This type of company will replay it in way that it will not cause any copyright issues giving you and original sample.
 
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You may have control over your parts but it isn't a valid copyright without the others knowledge and obtaining of a license. Remember the Pharrell and Robin Thicke, fiasco? Just avoid it at all cost until you are able to obtain proper licensing of other's intellectual property.
 
that "fiasco" was not related to sampling or anything other than the Gaye family trying to get money out of someone who they thought was ripping off their fathers sound

- the court settlement was not a judgement against either Thicke or Pharrell or a finding of infringement on sound or a specific recording but rather a payment by the label to make the problem go away

- it also contained a clause prohibiting the family from any further action in relation to the specific song or any similar issues in the future

- i.e. it was about one last payday for the Gayes not a finding against
 
Oh yea of course! It's always that but staying clear of even having to deal with it makes life much more easier. You have to admit though when you 1st heard it it reminded you of Marving Gaye and Michael Jackson so I'm not surprised that they heard the same thing.
 
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