Radio interview sampling legality....

  • Thread starter Thread starter billytk03z
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rhythmgj said:
I constantly see uniniated/noob people throwing up objections like "But I'm not making any money" or "I didn't know" or "They won't bother with lil' old me, will they?" It's just such an uphill battle to make people aware of even the basics of copyright. I'm not saying "don't sample," I'm just saying "sample with complete understanding and awareness," because if you don't, it's quite possible that it will cost you.
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Don't be so quick to judge and assume people don't know, don't care and ignore copyright laws/issues hence why I created a thread questioning legality of radio interview sampling. Further, Ive spoken to a legitimate producer (met him on my bowling league and he is someone that has actual National/Global recognition working with Justin Beiber, One Direction, etc.) and I've brought up this very issue and asked questions about this. He told me almost every single producer will sample, copy do whatever it takes to make a hot track and deal with clearing the legality issues at a later point when it becomes a worth while issue to do so. He broke it down like this to me... He said imagine that if every producer had to stop and get legal clearance for every single sample and sound used along the way to make just one single track.. It would take probably no less than a year or longer to finish the track and then that track might never even see the light of day. Bottom line is he said that he does whatever he needs to make a track and then his team deals with the legal hurdles when it starts to appear that the track will actually go somewhere... If time is an issue and they are having trouble getting the proper legal clearance then he says they will just make changes to whatever is holding up the track unless the sample is critical make or break part of the track then will wait it out as long as possible for the clearance.
 
^^^That's how I've always moved, I thought that was the usual.
 
I do not think that either myself or gj have said differently as such
- just emphasising the need to be conscious that you may not be able to use the beat after you have made it without a lot of legal legwork
- some artists and labels are notorious for either
-- not letting you sample them at all (somewhat hypocritical of some of them, given that they sampled for their entire careers) or
-- requiring huge initial payments and subsequent license fees, making the prospect of using the material prohibitively expensive or downright silly to contemplate - this is why knowing that you can sample some material but not others is always a useful tool in avoiding "lost" work
- and why going in with both eyes open and understanding your legal obligations is always better than "I'll let the lawyers sort it out later" and then getting bent out of shape when the fees are too high or the artist/label won't play ball with you.....
 
billytk03-- I wasn't necessarily talking about you, so don't be so quick to judge and assume what I'm saying based on mistaken hurt feelings; I am speaking from 30+ years experience, and a few years here at FP as well; people don't understand or don't care about copyright. If the shoe fits, however......

Setting that aside for now, let's assume your bowling team source is legit. That is one perspective and way of working among many, yes. But now, apply that to yourself, or most anyone else you know-- since you are most likely not working with Justin Beiber, One Direction, etc.-- How's that "legal team" coming along? Do you even have a lawyer, let alone a team of assistants, interns and researchers to help you clear samples after the fact?!? I'm assuming that like the rest of us, the answer is no, so your example/analogy does not hold water.

In any event, my final word for this thread; ignore copyright laws and long-established business practices with strong legal precedent at your own professional and financial peril.

GJ
 
rhythmgj said:
billytk03-- I wasn't necessarily talking about you, so don't be so quick to judge and assume what I'm saying based on mistaken hurt feelings; I am speaking from 30+ years experience, and a few years here at FP as well; people don't understand or don't care about copyright. If the shoe fits, however......

Setting that aside for now, let's assume your bowling team source is legit. That is one perspective and way of working among many, yes. But now, apply that to yourself, or most anyone else you know-- since you are most likely not working with Justin Beiber, One Direction, etc.-- How's that "legal team" coming along? Do you even have a lawyer, let alone a team of assistants, interns and researchers to help you clear samples after the fact?!? I'm assuming that like the rest of us, the answer is no, so your example/analogy does not hold water.

In any event, my final word for this thread; ignore copyright laws and long-established business practices with strong legal precedent at your own professional and financial peril.

GJ
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I have personally copyrighted several tracks already which I discussed in another thread so I have understanding of the process. I really wish I could name drop the producer and I'm sure most of you guys would know who I am talking about but as Im sure you all understand it's not my place to do so or my part bring an alleged second hand conversation into this discussion. (TBH it was an accident that I had even found out he was a big time producer because I had known him for years from my leagues but I never asked what he did for a living). Basically the example and analogy I laid out fits perfectly regardless if you or I or anyone else has a legal team or are just working alone. The process would still be the same..
1- sample
2- create track
3- get attention for track
4- clear legal issues if track becomes worth while to do so
5- Track is a go <or> it's shelved because of legal issues

The only real advantage I would see in having a legal team would be more bargaining leverage in royalties, fees, possible loopholes, etc.... I also have a very good understanding of the law as well and very very very very rarely will any record company/corporation, music type entity come after someone unless they have something to gain substantially. It would cost the the plaintiff more money to bring the lawsuit against a joe shmoo than they could possibly ever win. Do you know how many people that were sued by by record company's which won judgments of hundreds of thousands of dollars for illegal downloading of music and they got nothing.... I think we are all just getting a tiny bit ahead of ourselves on this issue.
 
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deRaNged 4 Phuk'dup said:


Not sure what's wrong with that. Should that guy have paid out tens of thousands to legally do this? Not to mention, Kanye would never let this get cleared, lol.
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Hahahaha.. Hilarious. I really like Kanye. He's something else for real. I hate his music but daeeemm what a character. Geesz
 
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