Unclear of when using samples is acceptable

B

By-Tor

New member
Here's the dilemma,

I've been working on this playlist that I plan on dropping on my Soundcloud account around Halloween.

Two of the three tracks I plan on dropping are fine since none of them use samples. The third one however, uses a short snippet from a tv show. I know typically a snippet of copyrighted material MIGHT get a pass if the snippet is used only once. The problem here is that I've used the snippet multiple times during the hook of the track.

I only intend to use this track in this particular Souncloud playlist. I have no intention of making money off of the track. I don't even intend on making it available as a free download.

My question is, under the circumstance I have mentioned, would I be allowed to post the track or would I need the permission of the copyright holders? I apologize if this seems like a stupid question. I know very little when it comes to the legal stuff since I'm just a bedroom producer.

The track in question is here https://www.youtube.com/watch?v=LmFjzGwudzo&feature=youtu.be
 
I'd post it. They only care if you are making money...like enough for them to take in a court and have you pay for all of their legal fees.
Tons of people are sampling all kinds of stuff and posting it all over the internet. There's some douchebags that will try to scare you into using no copywritten material.

If, in the strange event, that you receive a cease and desist, simply take it down. No big deal.

There's at least one recent post around the board concerning sampling legalities. You might want to confer with that if you are seriously worried.
 
Don't stress about it, especially since you're making no money off it. Worst case scenario, Soundcloud will delete the song or block you from posting it
 
You're fine. You can use samples all you want as long as you're not making money off of your music. The idea behind copyright is that you can prevent people from making money off of your work. If there's no money involved, you're good to go (think of all the early 2000s rappers putting out mixtapes over other peoples' beats.

Source: I am a lawyer.
 
If you are actually a lawyer, you need to consult your library more ^^^^.

None of what was said directly above is true. It does _not_ get more true with the thousands of repetitions that that particular opinion has in any given year.

You may get away with it (think Led Zeppelin or Hillary Clinton), but that does not make it legal or correct.

Proceed with caution and at your own risk.

GJ
 
haha well ok, umm lets say you get sued for monetary damages or copyright infringement. it takes money to activate those lawyers from the source it came from, right?
if there is no money to be had from the defendant, do you think that the plaintiff would really care or spend thousands on his lawyers to come after you? maybe yes, maybe no.

but if there isnt a pool of money you think a lawyer is going to give a crap about it after one thought? maybe yes, maybe no.

ok. if we are logical and are not on the side of people like producers and lawyers who will always say that it is not ok to sample anything without clearing it or paying... then hiphop would have never been born...and it would not have continued.
people STILL sample stuff that I hear that i do not see credited on the album sleeves. but that is kinda risky if you have a large fan base and are selling albums.

by the time it gets large enough to consult lawyers and pay someone to clear it, I'm pretty sure you will know, preemptively.
before that time comes, if someone is so bothered by it, you will receive a cease and desist order from a law office, at which point, you should promptly take it down.

truth be told though, no one gives a fuck what youre sampling unless youre making money off of it. and if you dont do it blatantly, (copy it verbatim in a loop with no processing) then no on can fuckin tell anyway.

look, you can research for yourself examples of when people get sued for copyright infringement and listen to the examples.
you can figure for yourself that if someone took your stuff then had a lot of success with it, as an artist, you'd be kinda pissed...then maybe go after them.

bottom line though: no success+no money=no gain for that person to seek legal action.
lets just be logical and not act like there is a magical man in the sky judging us all for what we do and do not:D
 
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Philosophical proclivities towards anti-metaphysical world views and same-old, same-old subjective justification aside (^^^^^^^^)-- this is very bad advise: "truth be told though, no one gives a f*^% what youre sampling unless youre making money off of it. and if you dont do it blatantly, (copy it verbatim in a loop with no processing) then no on can f#^* tell anyway."

This is the same tired argument we hear over and over and over again, and it is simply not true. There are other legal options, and other things that legal action can stipulate or access, besides money.

It is true that some people have gotten away with it. I guess you have to decide a) what kind of gambler you are, and b) how do you feel about stealing, whether or not you think someone in the sky, or the courtroom, is watching. Minimum, if you are trying to place or sell your music and it uses samples, you should have a clause in your contract that gives disclosure and passes the sample clearance responsibilities on to the end user.

The old saw about "Hip Hop wouldn't even exist" is true in the most basic of senses. It's also true that a more conscious business model and legal norms have been applied to Hip Hop music since at least the Biz Markie case. Look it up; that's a long time ago.

End rant-- my parting words are "choose wisely."

GJ
 
rhythmgj said:
Philosophical proclivities towards anti-metaphysical world views and same-old, same-old subjective justification aside (^^^^^^^^)-- this is very bad advise
Click to expand...

alright, Kool Kieth. if/when attempting to be perceived as Superior, then the arguing statement should probably have its verbs and nouns understood/utilized correctly.

i agree that it's a risk, but what isnt a risk when making music with a purpose or that you are passionate about?

if one was always worried about getting sand in their pussy, then they might never bare witness to the beauty of the ocean.
 
OK, JJ Walker. Challenged by differently, informed opinions, much? If you're that broken-up by my response that you're so serious about correcting my grammar; I'm all ears, Eisenstein.

Again, the point was pointing out the risk, not blowing it off, sweeping it under the rug, or pretending it doesn't exist. Nobody brought up any high ideals until just now; I thought the OP was looking for practical advise.

As for getting sand in your ____ (?) at the beach, I will leave you with your Baywatch boxed set.

GJ
 
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