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Thread: Major Artist "stole" a beat ?

  1. #1
    jennycraig is offline Registered User
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    Major Artist "stole" a beat ?

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    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.

  2. #2
    rhythmgj's Avatar
    rhythmgj is offline Character in Spades...
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    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
    , and like this.

  3. #3
    jennycraig is offline Registered User
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    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.

  4. #4
    rhythmgj's Avatar
    rhythmgj is offline Character in Spades...
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    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

  5. #5
    lospro05's Avatar
    lospro05 is offline Dres'more
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    Yeah I would like to know the outcome of this as well. Keep up up to date.
    likes this.
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  6. #6
    Crazy Pellas's Avatar
    Crazy Pellas is offline Since 2004
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    Yeah, I'm also following this thread.
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    Scottzilla is offline Registered User
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  8. #8
    Huge Beatz's Avatar
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    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.
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  9. #9
    rhythmgj's Avatar
    rhythmgj is offline Character in Spades...
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    >>>>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

  10. #10
    IanMathews's Avatar
    IanMathews is offline Fremen
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    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.
    Last edited by IanMathews; 10-26-2012 at 11:04 AM.

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