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Thread: Variation on the Same Basic Copyright Question Asked Over & Over: Illegal to use?

  1. #11
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    ^^^^This one (like so many before him) is on a quest to make the law different-- just in this case. "You know, just for me. I'm not making any money from it!"

    Copyright law is exactly what it's named for a reason. The originator's/creator's right to "make copies." For the length of the copyright period (in other words, not-in-public-domain), that right belongs to the creator/rights-holder (they may not be one-and-the-same _if_, and only if, those rights have been legally reassigned, as in a proper publishing or record deal).

    That's it. That's all. No matter how many times it's asked!!!

    GJ
    Gregg Juke
    Nocturnal Productions
    The Sonic Vault Recording Studio
    Drum! Magazine Contributor






  2. #12
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    Quote Originally Posted by dvyce View Post
    You seriously need and "article or case" to understand that if the shit is not yours, it is not legal for you to use it?!?

    Gimme a break.

    Not only is it the way the law works, but it is just common sense.

    It's pretty simple... if you didn't write it and perform it... and it is not so old that it fell into the public domain... and if nobody expressly said it is free to use... then you are not authorized to use it.

    PERIOD!

    And this applies to pretty much everything in life: if it's not yours, don't use it.
    "Yes" I do, am I just suppose to take your word or go by your common sense because you TYPED IN CAPS AND USED AN EXCLAMATION MARK? lol I think the law would be better to use than opinions. You're oversimplifying this issue too. I have heard that the length of the sample is a factor but again, until I see some sort of evidence for it I don't know. Something may have a copyright but it may also be royalty free btw.
    "Real g's move in silence like The Consigliere." - UNKNOWN

  3. #13
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    Quote Originally Posted by rhythmgj View Post
    ^^^^This one (like so many before him) is on a quest to make the law different-- just in this case. "You know, just for me. I'm not making any money from it!"

    Copyright law is exactly what it's named for a reason. The originator's/creator's right to "make copies." For the length of the copyright period (in other words, not-in-public-domain), that right belongs to the creator/rights-holder (they may not be one-and-the-same _if_, and only if, those rights have been legally reassigned, as in a proper publishing or record deal).

    That's it. That's all. No matter how many times it's asked!!!

    GJ
    Not trying to make the law different, I'm trying to know the law. Not so sure what's so hard to understand about that. What you typed is a start but the question I have now is do the sounds fall under public domain and do they even have a copyright. I'll keep digging.
    "Real g's move in silence like The Consigliere." - UNKNOWN

  4. #14
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    Why ask here though, if you don't want to receive the answers? Just a serious question.

    If the sound recording is currently under copyright (safe to assume if it is not 100 years old), then yes, all parts of it are under copyright. Amount of time has nothing to do with it. (Case law? Search Biz Markie).

    Time played comes into question regarding radio stations/media/academia using samples for fair use reasons, and based on ASCAP and BMI membership (for instance if a media outlet is a member of one but not the other). It has absolutely nothing to do with sampling of any length, regardless of what you've heard.

    Why is that so hard to understand?

    Sorry if this all sounds harsh, but we see the same questions over and over and over again, when it's pretty simple to find the answers if you don't believe what you find here. Go to LOC.gov (Library of Congress and look up the Copyright Circulars), or read Donald Passman's book. Everyone wants to make it complicated. It's not. You can't sample without permission. You might not get caught, but it's still illegal. Then again, you might get caught. As mentioned, there are other possible legal issues (restraint of trade, unauthorized use of voice/no performance release, etc., etc.).

    GJ
    Gregg Juke
    Nocturnal Productions
    The Sonic Vault Recording Studio
    Drum! Magazine Contributor






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